07 May 2016

A question about : Advice re family member with debt and mental health issues

I am seeking advice regarding a family member who is currently in hospital after suffering problems due to his mental health issues. He has long term had problems and has in the past got into debt which was being sorted out. He was recently coming off of medication and has it seems taken out some form of credit, A debt collection letter arrived i belive from a mobile phone company. He is currently very ill in hospital and not at all able to deal with the issue and there is not anyone in a position to settle this debt. I think it is around Ј500. Where can I get advice on how to deal with this on his behalf? If it turns out he has taken credit when not of sound mind can the company chase this debt?

Any advice would be great, thanks in advance.

Best answers:

  • While you wait for a reply from CAB, the info/links on this previous thread might help?
    ----> mental health and debt
  • Thank you.
  • Hi redjay, thank you for your query regarding family member with debt and mental health.
    Firstly if your family member is not able to seek advice themselves at this time I would suggest you get a letter from them stating they agree to you dealing with their debts. If their health care professional feels your family member lacks mental capacity to make that decision then you would have to first apply for a power of attorney. Once you have a authority letter or power of attorney I would suggest you write to the creditor with medical evidence (this can be a GP/consultant letter or a completed Debt and Mental Health Evidence Form) and ask them to write off the debt on grounds of mental health. Challenging a debt on grounds of mental capacity at time of taking out debt is a complex are of law and if you want to pursue that or require further assistance I would suggest you contact your local Citizens Advice Bureau which you can find details of at www.citizensadvice.org.uk.
    Hope this is of assistance
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