Debt and Mental Health

[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.

[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.

[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

[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

[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

[Bill-K]

Re: Debt and Mental Health

Apols for getting the 'abbrevo' wrong, RFU (as opposed to 'RFE' !!!) - I googled" D&I," and the FOS result seemed the most likely to fit your scenario. Indeedy - 'Baby steps' is what we sometimes have to revert to when we are short of confidence - and that is exactly what I found worked for me back then. And it continues to work for me when those dark clouds gather, and I feel myself 'going under' yet again.

I recently flagged up a problem with the donation procedure to AAD Admin, so - hopefully - it is being sorted. SA Gold seems to have a handle on it, so - with a little bit of luck - it will work via PayPal.

Bless you and thank you for considering a donation.

[SA Gold]

Re: Debt and Mental Health

Hi Realfedup, Sorry to hear of your circumstances, but pleased to see you are on the right track to taking control. Well done.
I usually just do it through Paypal. The address to send is: payments@all-about-debt.co.uk
Cheers
SA

[realfedup]

Re: Debt and Mental Health

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

please confirm all OK:-)
RFU

[realfedup]

Re: Debt and Mental Health

Thanks Bill-K, i think you are right about D&I, now that its been explained it makes sense and would be in line with the content of the email between the 2 officers concerned.

i also agree about baby steps:-)

[Bill-K]

Re: Debt and Mental Health

Most (maybe all) of us are here because we have "been there, done that, and got the T-shirt," RFE - so we have all made our mistakes and learned from them. Perhaps sticking around to help others who are treading the same path that we stumbled along is part of the healing process, as I well remember being in that dark place where it seemed as though the only option was to just curl up and die. Forum people helped me, and in return I try and help others - who are we to judge those who are now learning what we learned. When I find myself behind a hesitant learner driver, I always try and remember what I was like when I was learning to drive - and I continue to learn. I remember dreading the postman and leaving mail unopened, so - well done for turning and facing the enemy. Taking things one step at a time is a thousand times better than not doing anything, and you sure seem to have turned things around, now.

"D & I" may refer to making a compensatory payment for causing "Distress and Inconvenienc.e"

http://www.financial-ombudsman.org.u...onvenience.htm

[realfedup]

Re: Debt and Mental Health

Hi Exclus


Please don't worry about hijacking this thread. :-) its make the thread more interesting and it’s good to have links onto other threads helping to ensure experience and updates on developments are shared:-)

Now because of excellent forum support and advice, my fear is dissipating i am gaining confidence im dealing with each creditor. All the letters i had tucked away in bin bags have now been opened and i have started a filing system (still working through putting things in date order). Best thing, i no longer have the fear i had of the postman arriving i know i can come here and get help without being judged or belittled.


i Have been reading through the mountain of paperwork that is my SARs. What i have now established is that the officer dealing with my complaint double checked my claim of a medical condition with the original officer that was dealing with my case and knew of my medical condition. It was this officer that confirmed to the complaints officer that ‘ we should not really have sold the account’ It was this same officer that sanctioned the return of the debt to the bank suggested to ‘right the situation’ the debt be cancelled and that they would take responsibility for the decision!


this officer also said ‘ i do not think D&I would be suitable given the customers situation’ the impression being that i would not be able to bank it???


my question is does anyone know what the layman's is for D&I? Unfortunately there is no other reference to this term that could explain what D&I means. What is it that the officer is assuming i would not be able to bank?

Thanks

[Exclus]

Re: Debt and Mental Health

Thanks PlanB and Elsa, it's so good to be offered support - I really do appreciate any and all help and assistance.
I have referred a couple of 'final response' letters to the FOS, and am waiting for them to investigate - they said it would be about 12 weeks before I would hear anything from them.
Don't want to hijack this thread so I'll update my own thread in the housing section in the next couple of days.

[Undercover Elsa]

Re: Debt and Mental Health

There you go Exclus - there's always a Plan B!

Also, once the bank have replied if you need any help responding re the medical aspect do let me know..as a retired nurse it's one of my pet subjects.
Have you written a "Formal Complaint" yet?
Elsa x

[PlanB]

Re: Debt and Mental Health

My problem with the bank has been going on for some time (PlanB knows the history and has been very helpful) and it seems that they have now run out of patience.

The bank may have run out of patience but I haven't

will update when there is any reply from the bank - or if they start any legal proceedings!

Over my dead body will they repossess your home !

I'll read back through your housing thread to catch up before I post there http://forums.all-about-debt.co.uk/s...l=1#post393306

Plan B x

[Exclus]

Re: Debt and Mental Health

Thanks for the prompt reply.
Fortunately my wife has an account at another bank which we use.
I have another thread on this in the housing section, and will update when there is any reply from the bank - or if they start any legal proceedings!