Husband had stroke now on a see saw

[SeeSaw]

Hi all please bare with me my spelling and grammar is not grate as I’m dyslexic and have problems putting word down on paper.
Here’s my story
My husband has debts. Pre 2007 he had a unsecured loan with abbey after April 2007 he had a heart attack he re applied for another loan to pay existing loan off and money left over but didn’t tell them he had a heart attack.
Later he lost his job and PPI would not pay out because he had been offered alternative job. He Went onto DMP for 1 year. PPI has been claimed back.
In 2011 he suffered a stroke then lost his job 2012 and came off DMP due to low income.
Abbey loan now stands at unsecured £9808.73.
Credit card with Abby (Santander) balance £2574.58 which has been sent to Fredrickson International Limited, my husband has had this card for 17+ years so I think it may be UE.
Beneficial Finance unsecured Loan £9479.97. Taken out after April 2007.
We receive ESA Income related and DLA/M and DLA/C. We have a joint Morgage we are only paying interest at the moment due to low income. I’m just a bit worried Abbey and Beneficial Finance will put a lean on the house, as I want to sell the house to buy another property. Any advice you could give would be most appreciated.

[Undercover Elsa]

Re: Husband had stroke nowon a see saw

Hi Seesaw,
A warm welcome to AAD, and I'm so sorry to read of your problems.
Please, don't worry at all about the dyslexia, it's not a problem at all...we understand and there's no need for apology.
You look as if you've both been through the mill in the last couple of years.
Are these three debts all in your husband's name?
The credit card may well be UE..have you done a CCA request for this yet? If not I would send one ASAP.
At first glance it would suggest that the two post April 2007 loans would probably be enforceable, wait and see what our CCA expert Never-in Doubt (the site owner) has to say about your case, but I would think there's no harm in sending CCA for those too to see where you stand.
The link to the letters is here:
http://www.all-about-debt.co.uk/temp...lity/s1-t1.php

Also, have a look at the Unenforceability section, and if you can start a diary for each debt. If you need help just shout: http://forums.all-about-debt.co.uk/f...splay.php?f=35

In view of your husband's poor health and the fact that you're living on benefits, if we can't find any errors with the post 2007 accounts then we could look at trying for a write off on health/hardship grounds, but let's see what Niddy(Never-in-Doubt) has to say....

What I can tell you is that you'll get warm support and help every step of the way on here...you've come to the right place

kind regards,
Shep x

[SeeSaw]

Re: Husband had stroke nowon a see saw

Hi Shepherdess
All the debts are my husband’s I did not know at the time he had taken out loans.
I’v busy reading the forum for the last few days to try and get clued up.

Kind Regard
SeeSaw

[mgfboy]

Re: Husband had stroke nowon a see saw

Do you have the house on the market now??

[SeeSaw]

Re: Husband had stroke now on a see saw

The House not on market yet, wanted to put on the marked this year.

Kind Regards

SeeSaw x

[Never-In-Doubt]

Re: Husband had stroke now on a see saw

Hmmm, if for any reason your hubby applied for things whilst not in a 'fit frame of mind' then he may have more of a legal argument based on suitability/etc....

I'm not the best to go into this, however if pompey, Bboo etc come by they may know more....

[pompeyfaith]

Re: Husband had stroke now on a see saw

SeeSaw,

Firstly welcome to AAD you have found the right place for help in sorting this out.

As Niddy rightly said I maybe able help, why? because I had an SAH Stroke in 1991 at the age of just 27 so fully understand what you are going through.

I also had a heart attack in 2009 due not only to hypertension but also the stress I was under.

I agree again with niddy about him being in no fit frame of mind to be making financial decisions.

You said you have been sending time reading around the forum, that is a good move Have you looked at the debt and disability section yet? because that is very relevant to you.

This is the Mental Capacity - Guidance for Creditors which they must follow well worth a read as it relates to you.

http://www.oft.gov.uk/shared_oft/con...ns/oft1373.pdf

Another good read is the MALG Guidelines here:

MALG Good practice and awareness guidelines - allaboutFORUMS

and here:

FINAL DEMAND Debt and Mental Health - allaboutFORUMS

Have a good read of these first then we will Guide you further.

Above all the health of both you and your husband comes first always and you will come to learn that your creditors are just parasites that can be dealt with.

Good Luck

Regards

[SeeSaw]

Re: Husband had stroke now on a see saw

Im having a good read and will come back with some questions later.

Kind Regards

SeaSew

[SeeSaw]

Re: Husband had stroke now on a see saw

After spending time reading the forum my head is spining with information overload.
I have decided my husband can’t afford to pay his debts. He could offer £1 per a month for rest of his life, or to take the following steps so far :-

1. sit on hands until Frederickson’s contact us, then send letter Unenforceability & Template Letters.

2. stop paying Santander

3. stop direct debit set up for 3 months for £5.00 with beneficial Finance.

Other suggestions welcome and needed.
Forgot to say my husband has metal heath problems and currently going to see Mind.


Kind Regards

Seasaw

[pompeyfaith]

Re: Husband had stroke now on a see saw

Greetings,

Is your Husband still under the Community Stroke Team, Social Services or Occupational Therapist.

If he is they need to know any Financial problems you have so they can help via the Money Advice Liaison Group.

You need to print off the forms I will link you to and give to whoever he is under even Mind can help with this.

Debt and Mental Health

For completion by the health or social care professional.

Guidance for advisor

http://www.malg.org.uk/DMHEF%20guida...20advisers.pdf

http://www.malg.org.uk/DMHEF-FORM-for%20advisers.pdf

For completion by the client. i.e You

http://www.malg.org.uk/DMHEF-CONSENT...20advisers.pdf

Because of your Husbands disabilities they will negotiate on your behave.

If you do not have a printer I would copy and paste these links into email and send to yourself, then go to a library or similar place and open email and print from there.

Regards

[pompeyfaith]

Re: Husband had stroke now on a see saw

Let me know here how you get on and if this does or does not work so we can continue to help with other solutions.

Regards

[SeeSaw]

Re: Husband had stroke now on a see saw

Husband goes to stroke meetings once a month, see therapist every 2 weeks. A volunteer takes him out every 2 weeks. He has to go back to hospital next month for test results. To look at him you would think there was nothing wrong with him.


Do you think the steps I have already mentioned are ok to do?


Kind Regards


SeeSaw X

[pompeyfaith]

Re: Husband had stroke now on a see saw

Greetings,

Yes you can go the route above, however as your husband has mental illness there are different rules and guidelines for dealing with it as posted above.

BTW you would not think I had an SAH STROKE that needed a 10 hr craniotomy and 2 mths induced coma or a heart attack in 2009.

That is the problem many stroke survivors face we look well but that is far from the truth as there is still so much to be learnt and researched about stroke, indeed it is a big killer but funding is very short.

I have been a survivor now for nearly 22 yrs and due to my own research there is not much I do not know so if you need any help on stroke you know where to find me.

Regards

[pompeyfaith]

Re: Husband had stroke now on a see saw

I would raise the issue of you financial problems with the therapist quoting Money advice liaison group (MALG) as they are supported by The Royal College of Psychiatrists

Recognising the increasing incidence of debt problems and mental health conditions and the way in which these can have a reciprocal impact, in September 2005 MALG set up a Working Party to investigate the issues. In February 2007, this was expanded to include three mental health organisations. The Working Party was chaired by the Chief Executive of the Money Advice Trust.
The result of the Working Parties efforts was the MALG Good Practice Mental Health Guidelines, first published in November 2007 with a second edition published in the Autumn of 2009. MALG is a non-policy making body and the Guidelines could not be imposed on either the advice or creditor sectors. However, it was placed in the public arena with suitable publicity in the hope that industry trade organisations would adopt the Guidelines into their respective Codes of Practice.
In August 2008 the Debt & Mental Health Evidence Form (DMHEF), an integral part of the Guidelines was launched following further work undertaken between MALG, the Royal College of Psychiatrists and The Capital Partnership. This evidence form can be used by healthcare professionals, debt advisers and creditors to more effectively evaluate debtor circumstances and arrive at informed decisions.
A number of important mental health and debt documents are available and can be viewed and downloaded by clicking HERE


Debt and mental health

[SeeSaw]

Re: Husband had stroke now on a see saw

Hi
Just been looking at some old credit card statements of hubbies, I noticed he was paying PPI, he had over drawn charges, late payment and interest fees over the years. What I would like to know should I
1 send SAR and reclaim charges and PPI now or
2 wait until Fredrickson’s get in touch then claim them back?


He also received a form from Santander re PPI 2005 to 2007 today which I will be filling out asp. I shall also send SAR to HSBS and Santander bank accounts to see how much charges he’s had with them, hopefully we can claim some money back.



Kind Regards



SeeSaw