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to want to drive the 200 miles to my brothers home just to beat the living shit out of his "friend"

(148 Posts)
LivinLaVidaLoki Mon 13-Mar-17 10:16:36

OK so I wont go that far but I am fucking furious right now.

My mum passed away last year and has left us a substantial inheritance.

I have a brother who is mentally disabled and lacks the capacity to handle this money for himself, he is also very trusting so is open to being taken advantage of. For this reason my mother stipulated that his inheritance goes into a trust, from which he gets a small allowance monthly. My other brother and I also have the discretion to give him other payments, for instance he has one very good friend (lets call him friend A), who is going away with his family to the isle of wight in the summer and has asked my brother if he would like to join them, so some of that money will be used to pay for his share of the trip and some spends etc.

He also has another “friend” lets call him friend B who is a total twat. It is someone who lives in an adjoining block of apartments next to my brother (my brother lives independently but has assistance from SS). Tbh I have never liked friend B but I have never felt like I can openly say so to DB as he has so few friends I thought the best thing to do was to leave alone but keep an eye.

Anyway, I get a message this morning from Friend A who has said that he is worried about my DB, as friend B had been around and asked him for a 5k loan as he cant get credit. Friend A told him that DB doesnt have that kind of money, so friend B asked him about his inheritance. Friend A told him that he doesn’t have access to that and he thinks what he is asking him is inappropriate.

So, last night Friend A went to see my brother and took him out for tea and found a loan agreement for friend B where my brother has agreed to be a guarantor.

Friend A told DB that he needs to call them and cancel or do something as if Friend A doesn’t pay then they will come after him. DB said not to worry as friend B told him he will pay, he promised. Friend A said that if he was capable of paying he wouldn’t have such bad credit.

Friend A is worried that Friend B will not pay as he knows that if it comes to it, we will have to bail him out using his inheritance. I tend to agree.

So I just feel so fucking furious that some twat seems to have taken advantage of my brother this way. I have to go into work in a moment so cant really do anything at the moment but if I phone the loan company will they do anything???? Will they even give a shit????

I haven’t told other DB yet as he has a very short temper is very likely that he will go and beat the shit out of this turd and id like to avoid that where I can.

AQuietMind Mon 13-Mar-17 10:19:25

Does your db have a support worker who could call the company?

Jengnr Mon 13-Mar-17 10:19:48

If he lacks capacity he probably can't legally enter into this agreement. Ring the company and take it from there. Do you or your brother have POA?

TeaStory Mon 13-Mar-17 10:20:12

I would phone SS and the loan company, as you can demonstrate that your brother does not have capacity to deal with his own finances. Surely that means he cannot be accepted as a guarantor? And yes, I can understand how you feel about B - what kind of shit takes advantage of a vulnerable person like that?! Bastard!

NoraDora Mon 13-Mar-17 10:20:47

I think it might be worth contacting the loan company to explain the situation.

Does your brother have capacity? This might make it legally difficult. Obviously morally its reprehensible.

Worth speaking to SS too as they may have someone who can help you with this.

ItMustBeBedtimeSurely Mon 13-Mar-17 10:21:35

I'd call 101 and speak to the police. Pretty sure this is illegal if he lacks capacity.

Bundesliga Mon 13-Mar-17 10:21:44

Does your brother have the legal authority to sign such a document? Due to his disability does he have a legal guardian or does someone else have power of attorney over him? (Sorry I may be confusing USA and British terminology here as I'm more familiar with the USA in this regard)

I would definitely phone the loan company and tell them that your brother is a vulnerable citizen who lacks the mental capacity to enter into such an agreement at this time.

BadLad Mon 13-Mar-17 10:22:10

Might it be worth pointing out to the loan call mpany that they have accepted as guarantor someone who lacks the ability to manage his own money?

Try posting in Legal.

Happyandhungry Mon 13-Mar-17 10:26:54

Have you got POA? If so then as above the loan company should then cancel this agreement. Even without POA if you can get something from social services etc to prove incapacity then this should be enough. Also call police to discuss.

ChippieBeanAndHorro Mon 13-Mar-17 10:52:56

Right. I unfortunately can't really help you witht he legal site of things (didn't study law in England. I'm assuming you're in England, btw...)

But yes, YANBU. I'd probably want to shoot him. Or beat him up. Or just throw him in a shark tank (my cousin always used to say that when we were little)

ChippieBeanAndHorro Mon 13-Mar-17 10:54:15

Viel Glück xx

diddl Mon 13-Mar-17 10:57:08

How do these people know so much about your brother's finances?

Sadly, there will always be lowlifes sniffing around vulnerable people with the sole intent of taking advantage.

I hope that you manage to get the loan agreement voided, Op.

Is there ever a "colling off" period with these?

AlpacaPicnic Mon 13-Mar-17 10:58:02

Yes, what they all said - your brother cannot enter into an agreement if he cannot understand the implication of it.
Also, good work friend A! He sounds like a good mate.

RitaMills Mon 13-Mar-17 11:04:05

Yes, the same thing happened with my dad and his girlfriend (dad had brain aneurism which has left him mentally disabled and almost blind). He still lives with my mum but they aren't in a relationship anymore.

His girlfriend got a £5000 loan from Ameigo using him as guarantor, when my mum found out she hit the roof as it's her earnings and house that are at risk because of their stupidity. She phoned Ameigo and explained the situation, they said to send in a doctors note explaining that my dad doesn't have the capacity to make that decision, they didn't accept the first letter even though it was very detailed they still wanted more detail, they weren't going to accept the second letter either but my mum told them that the doctor had offered to get the police involved (he did) then they had a change of heart, so they took my dad off of the loan agreement. They will make you jump through hoops but it can be done.

TheWitTank Mon 13-Mar-17 11:06:15

Some good advice upthread which I will echo -contact the loan company and SS (has he a particular support worker you can speak to?). I would also contact the "friend" by telephone if you can and tell him to take a hike. Tell him if he asks for money again you will contact the police and let them know he is trying to coerce a vunerable person into handing over money. Hopefully the threat will keep him away. Better no friends than shit friends.

August1984 Mon 13-Mar-17 11:07:14

I work sort of in this field, loan companies and banks have to follow certain rules and have duties of care, such as responsible lending principles.

Call the company and say you will report them to the FCA (Financial Conduct Authority) if they do not cancel the agreement. Make sure you speak to the actual company providing the loan as there are companies that are just lead-generators and pass onto to background companies. Its the actual loan company which is governed by the FCA, the lead generator is not.

If they're difficult mention solicitors and police. If tackled quickly enough, there will be a cooling off period in the contract.

FYI- I also genuinely think you should call the police.

Benedikte2 Mon 13-Mar-17 11:09:06

I'd ask the local police to visit B and warn him off. Sounds like he'll cause trouble if he does not get his loan and also hat he will continue to harass your brother for money.
Can SS direct your brother to a social club where he can socialise safely?
You should not have too much trouble getting your brother out of the guarantee agreement as he clearly lacks capacity (SS would not be involved otherwise)

TheWitTank Mon 13-Mar-17 11:09:23

icanteven Mon 13-Mar-17 11:14:19

Huge kudos to Friend A for giving you this heads up - thank goodness he did. There's simply no way that your brother can legally be guarantor for anything. As everyone says upthread, a swift call to the lending company with documented proof that your brother is mentally disabled and a mention of the police should sort it out, and then DEFINITELY report Friend B to the police.

Does history relate yet what your brother thinks of all this? I think perhaps it should be expressed to him that Friend B was knowingly breaking the law by doing what he has done. Does your brother have any other family living near by? 200 miles seems very far from you, if he is this vulnerable.

Rainydayspending Mon 13-Mar-17 11:14:38

Absolutely get everyone possible involved. Start with social worker and keep it official, contact the loan company saying ss are aware, seek advice from police and a reference number that you can also advise the loan company and ss. This is clearly not a friend of your brother but a criminal seeking out someone vulnerable.

HappyFlappy Mon 13-Mar-17 11:19:26

This is shocking - not that the "friend" is prepared t take advantage (we all know someone like that) but that the loan company is prepared to accept your brother as guarantor. Or does he seem able until people get acquainted with him?

Thank heavens he has a good friend who si lookignout for his interests.

Yes - as others have suggested, contact the company and the police.

AshesandDust Mon 13-Mar-17 11:23:22

I agree with other about contacting the loan company.
Tell them that your brother doesn't have access to that
amount of money as his monies are in trust.

AHedgehogCanNeverBeBuggered Mon 13-Mar-17 11:26:56

Call the police immediately on 101. Find out what you can about the loan company. Look into whether he legally has 'capacity' - even if he does 'friend' B can still be prosecuted for abuse of someone in a vulnerable position.

Ohyesiam Mon 13-Mar-17 11:32:07

Sound like a criminal offence to me, but if not will there be a14 day cool off thing?

NeedsAsockamnesty Mon 13-Mar-17 11:35:33

Something not unlike this happened to one of my sons,

A doctors letter confirming the situation a threat to report to the FCA got him removed from the agreement and the grasping 'friend' was discovered by the police to have been doing much the same for years to lots of vulnerable people and ended up with a conviction

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