Debt and Mental Health

[Never-In-Doubt]

Re: Debt and Mental Health

Administrators
Hi
I'm sent a email about a donation issue.

please confirm all OK:-)
RFU

Hi. Replied now. Apologies for the delay. Thank you very much. Your access rights have now been increased

[realfedup]

Re: Debt and Mental Health

Hi Never in Doubt

What access rights?
Sorry its obviously something i missed. i will go back go back to the welcome forum and read up on what it means..

Thanks

[Undercover Elsa]

Re: Debt and Mental Health

Hi realfed up
Because of your donation your access rights have been increased so that you can now access secure areas of the forum -
ie Secure General Legal: http://forums.all-about-debt.co.uk/f...l-Legal-Issues
and secure Claim received: http://forums.all-about-debt.co.uk/f...Claim-Received

(Signified by the icons bottom left below your user name etc)

Elsa x

[mark62]

Re: Debt and Mental Health

I was seriously mentally for many years. I was sectioned twice and in and out of hospital for 15 years. I have no memory of the credit cards I applied for back then starting in 2001. I do have some copies of credit agreements that they say i entered into. The details in put down were all nonsense and I look at them now in disbelief. The banks never checked any of my details and if they had done their job then I would not have had to endure over 7 years of abuse by banks and DCA's. I had an application for bankruptcy turned down by the judge because of my mental illness at the time of the debts took place. The DCA's were toldby the CAB that as a vulnerable person I should not be contacted. I paid £1 a month and still they hammered myself and my parents with calls and letters.They Knew I had no way of paying but for whatever reason they through they had the right to harass a severely disabled person to the point of distraction and despair. But there is a potentially happy ending here which proves we(the disabled) can fight back. I have collected medical evidence from the NHS that clearly shows I was severely mentally ill. I have DWP statements that show my income at the time disability benefit. And I have successfully argued this with DCA's who have written off some of my debts. Some absolutely refuse to give up and hopefully with the help of this site I can finally be free of the hell that was created by the banks not doing their jobs properly.
However you be extremely careful in admitting that you put down false information on an application form for credit as this could be a criminal offence. But I discovered the Limitation Act 1980 and that means that I anything i put down on the forms many years is covered by a limitation. There also for me, carries a double edged sword. For if the bank or DCA challenges that limitation, the very act of doing so is evidence that they did not check my details. The limitation starts at the time the negligence took place. Therefore to question the limitation is an admission of negligence by proxy. Its so complicated and it took me quite a while to work that one out.
But If you have accrued debt due to mental illness there can be ways out. Please be very careful and have your facts and evidence all prepared and checked out before you proceed.
It takes an iron will and strong nerve to fight these people. You must be prepared if necessary to go to court in order to beat them as they will try every scare tactic there is to stop you fighting them. They don't seem to understand that the law exists to protect everyone and that its fine for them to makes threats but when we use the very laws they hide behind to fight back they actually seem perplexed. This turns to anger and they will get nasty with you. They are also afraid of court themselves and being open to public scrutiny and legal precedent. In many way they created these precedents themselves by their actions and abuse.
So please do your best if you have a mental illness to survive and fight back. Debt and mental illness can both be overcome if you are prepared for the challenge.

[realfedup]

Re: Debt and Mental Health

Hi Mark62

Really glad to hear that you have come out the other side a winner. Thank you also for sharing your experience and re iterating that if you can - fight back

My former bank took me to court for one of my debts - this took place whilst i was at my lowest and was without support for dealing with matters early on. I've done a SAR's and discovered a memo (that the bank may have included in error) which complained that for them to pursue with the action the judge said they had to pay the costs and charged them approx £9,000 court of protection costs

even now it makes me smile each time i think of it, it gives me a real warm feeling inside to know that the court system 'stuck it to them' for being so stubborn in pursing someone who the doctors were screaming was very ill and to back off.

Yes indeed - being the opposition to someone being represented by the court of protection doesn't come cheap as that particular bank can now testify i so wish i could post up that particular memo - I'm sure it would make others on here smile as well.