How do parents manage debt from adult child with SEN?

[Debtwarrant]

Adult ds . Enhanced rates of PIP. Small PT job. Health issues and ASD and ADHD.

Massive financial issues that we have just uncovered . Ds won’t speak to us , we can’t call and deal with it unless he gives permission but he won’t/ can’t.

He lives here at home with us but what do we do if bailiffs attend ? Will they understand that everything belongs to us not Ds and not take anything and do we have to show proof of SEN etc ? How do we deal with this ?

For starters do what you need to do to activate breathing space for him. This is a specific legal mechanism which means he is protected from debt chasing and recover action for a fixed period (IIRC it’s 6 months). CAB can help with this. That will hopefully give you some time to unravel it and make a plan

Do I just ask for this or there’s a formal application?

If anyone turns up prior to getting that in place do I quote that to them at the door?

Really struggling to get any straight answers from Ds and unless we have legal rights to act on his behalf which we don’t nobody will talk to us

Just phone up and get your DH to pretend to be DS to give permission for you to talk. Then tell them he has SEN and you'll get some extra time to sort it.

I think bailiffs can only take what belongs to the debtor, and not other members of the family (unless jointly owned).

www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/what-bailiffs-can-take/check-what-bailiffs-can-take/

Bailiffs can't turn up without a court order. Has he been given a ccj or a court summons?

Do they have to proof though

My expertise in the area comes from watching Can't Pay We'll Take it Away but it seems that when the high court enforcement agents come with their writ they are entitled to remove goods to the value of the debt unless you can pay it and the only way they would leave your things alone is if you have receipts that show that they don't belong to your son. Maybe start gathering that up for anything of value you have so you are prepared.

Is he dealing with this at all or is it just head in sand and hope it will go away? Do you know if he's still building up debt or is it a matter of paying off what he's got now?

I have found one (old from June) warning about a ccj so assume that has happened but can’t find anything else hidden anywhere

Are there certain things they go for so I know what to prioritise getting proof of ?

A threat of ccj is not the same a# the creditor having got one. Has he been in contact with them since or made any payments?

The cars seems to be the first thing they check. Otherwise I guess it's stuff like designer clothes/bags or computers/TVs. I doubt that they will think your jewellery or handbags would belong to him though. What they always seem to want is at least half the debt paid off there and then and then a payment plan for the rest.

If a bailiff can get the foot in the door they can push the rest of it open as it counts as though you've let them in (a bailiff told me this socially)
So don't open the door unless you're sure who it is

Yes, that's true but it's better to just deal with them when they turn up. It's not like they will just not bother coming back if you don't open the door. They are not there to rob you but to find a resolution to the issue.

How much is it? You're likely to have to pay it one way or another. Is it worth paying it off for him to avoid the high stress it could incur.
Would he ever be able to pay it off?

Activate breathing space???

Is this a legal status??

Breathing Space is legal - it means your creditors cannot chase you for the debt for two months. It gives you chance to get advice from CAN. Step Change etc

Thanks, I never knew this!

Everything here belongs to us but I’m worried about things I cant find receipts for. So wondering if they only take electric things ? Just so I know what to find receipts for

Id happily set up payment plans but nobody will discuss with us

I was told that if you can provide proof of ownership then bailiffs can take it.

Maybe post in legal ?

So I just have to not open the door to anyone and find any receipts I can in case? Do they only take things over a certain assumed value ?

I can’t get Ds to answer anything so don’t know the full extent so far I only have 3 letters that I found hidden

Is he unable to understand to the extent you could go to court and get power of attorney for him ? Or does he just not want to ?

I think ballifs will take anything with value or if it can be sold on. I was told they’re unlikely to bother with things like a sofa or dinning table.

Do you think he might talk to someone else e.g. someone from CAP or another debt organisation without you being involved?

Won’t talk to anyone and when I try it’s causing huge meltdowns. I’m astounded he managed to get any credit tbh. The total as far as I can see is around £5000. But now pay later things

*buy