My ex husband is a brain injured vulnerable adult.

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furious
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by furious » Thu Jul 20, 2017 9:27 am
My ex husband is a brain injured vulnerable adult. It would have been clear to Baines and Ernst that he had only got income from DLA at roughly 400 a month. 6000 ish owed to start with. He is charged a monthly management fee of about 40 and I know we could have got all this information for free and been helped that way. Is there an official body i can go to to help him recover the money taken from him by these sharks. He would not have understood the terms and conditions and would not have been able to hold his own and now that we are trying to get the thing paid off following a divorce settlement we are having trouble getting details of amounts from them to the solicitor. They are singularly unhelpful and are still taking payments in spite of being asked for a final figure rendering anything they send pointless and inaccurate.
I have asked them as a member of joe Public to send me a copy of their vulnerable adult policy and they won't because it has confidential information in it apparently.
What can we do? I'd like to get back to our starting position and just pay the debt off myself having got the management fees back. He should have been pointed firmly in the direction of CAB or Stepchange etc instead of being preyed upon as a CLEARLY vulnerable adult. Shocking this has only just come to light.
Thanks
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Foggy
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by Foggy » Thu Jul 20, 2017 9:48 am
Hi -- first of all --- what debt solution is he in? An IVA or DMP ?

If an IVA the fees would be roughly the same wherever he went, including Stepchange. If a DMP then, yes, Stepchange do not charge fees for DMP's but get assistance from the creditors themselves.

If an IVA a "full and final payment" will be the number of months left to run multiplied by the monthly payment. "Settlement" is a different animal ( full debt, plus fees and possible statutory interest). More expensive for you and varies daily.

A complaint can be made to the Insolvency Service and, possibly, escalated to the firm's regulators. Have a read here: https://www.gov.uk/guidance/make-a-comp ... cy-service
redboxtree
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by redboxtree » Thu Jul 20, 2017 11:57 am
First of all you need to establish right of representation.

That means you either have Lasting Power of Attorney (financial) or if you have a joint solicitor ask them to write directly to the named Insolvency Practitioner stating 1) why information is needed and 2) what issues your ex may be faced with and why support is needed.

You are being given the runaround - the whole point of a vulnerable adult policy is to ensure that confidentiality does not act as a barrier.
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Foggy
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by Foggy » Thu Jul 20, 2017 12:05 pm
Incidentally a vulnerable adult policy is an all encompassing statement -- it is not individual to any one client and should have nothing confidential in it. If it is fair and inclusive the firm itself should have nothing hiding there to bite it.
redboxtree
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by redboxtree » Thu Jul 20, 2017 12:11 pm
And make sure that as part of the process you complain about this statement on their website and if necessary go to the Information Commissioner to ensure that action is taken to protect his interests:

Finally, we may disclose information about former customers to third parties and companies with which we are affiliated, as well as unaffiliated third parties. Those disclosures may consist of the following:
Financial background information describing a customer’s financial status;
Identification information, such as name and address data;
Transaction information, such as account activity, debit activity or credit activity; and
Other information relating to financial matters.
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size5
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by size5 » Thu Jul 20, 2017 4:13 pm
Unless he had assets to protect, then neither an IVA nor DMP, and it is clearly a DMP you are alluding to, were ever appropriate, he should have been pointed in the direction of a DRO. Whether that is still an option is unclear at this point.

Regards.
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