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 ?

If I could get him to talk to me maybe there’s an online way to pay / set up payment plans but so far he’s not engaging has totally gone silent

No you should definitely open the door. You need to deal with it, you can't avoid it. It's also how you will find out just how much debt he's in and he will hopefully understand the severity of it.

Somehow I also need to make sure he can’t get any more credit in the future

But I’ve heard that bailiffs come in and then won’t leave ?

Definitely don't let them in or open the door to them. Get a ring doorbell or entryphone and talk over that. Theyll be very persuasive, saying they just want to talk etc.
I was involved in a business that had bailiffs called in and they started walking around labelling and valuing things whilst the MD was trying to sort things out. Once they are in they'll then take whatever they want. They were taking people's personal effects as well as business equipment and wouldn't listen to any protestations. Essentially their view was they'd take it and then you had to come back and prove it was yours later.
So IMHO they won't listen to you or pay attention to what's yours vs DSs so I'd just not answer the door and make it clear it's not his house and therefore nothing of value here of his.
Then help him sort it out as PP have suggested

I would start with getting his credit records from online, this will give you an idea of who he is in debt to, you can use free ones like clear score, credit karma and also order a statutory free report from Experian. This will at least tell you if a CCJ has been got (many debt agencies lie about this).

Bailiffs can only enter the property if you open the door to them or the door is unlocked and they cant remove good unless you sign the paperwork. They will use many scare tactics that tell you otherwise.

If you have facebook, there is a group called beat the banks and bailiffs, they have a template letter for the debt collection agencies that you can use to tell them he is vulnerable.

Thankyou

Ignore this advice - never open the door! even court bailiffs without a high court writ can enter your property without your permission (an unlocked door is counted as permission). They would not have a high court writ at this point.

They will leave if there is nothing to take of value and if there is no way of agreeing on a payment plan because there is no income for example. They want to find a resolution as quickly as possible and move on the next job but this is something that is court ordered so you should not ignore it. Work with them to find a solution instead.

A CCJ would probably be helpful in this case as unlikely to get any more debt for a long time with one. Otherwise I am not sure you can stop it.

Ime creditors don't apply for a ccj unless they think the debtor has assets such as property, car, or a well paid e.ployment.

There is nothing you can do without your sons cooperation. Stepchange, Christians Against Poverty or a debt counsellor at CAB can help to set affordable repayments, write offs if there is no mental capacity or the person is vulnerable, or a DRO.

We don't know its court ordered at this stage, very likely to be leeching debt collection agencies that buy debt super cheap and extort money from the venerable that should probably never have been leant money in the first place.

I will try to speak to Ds again or I may have to get someone to pretend to be him and give permission just to sort this out asap

You can ask for a notice to be placed on the persons credit file stating they have sen and are vulnerable. (With their permission unless you have LPA).

Do you think your child should be held liable for the debt? I only say this because I have worked in this field and had successful getting debts written off for people in similar circumstances, when they had a diagnosis which would have put them at significant risk of debt. Banks have a duty of care not to lend to people who are financially vulnerable, but basically never do their due diligence. Almost impossible to do without support from a professional/charity however Payplan would be your best bet (they are very good at debt write offs!)

Wouldn’t the things he purchased to end up £5000 in debt belong to him? Direct the bailiffs to whatever that stuff is.

That would be fraud and a criminal offence. Really don't do this.

But I need to just get things paid to avoid people coming to the house

From what I’ve found out so far it seems to be things that he has already used (expensive products etc)

I would advise against pretending to be him. Having the bank initiate their fraud prevention process is highly unlikely to help the situation. If your son doesn't have the capacity to manage his own affairs then you can apply for court of protection. I don't think it sounds like that is the case as he has a job though.

Speak to a debt charity immediately about what can be done under the circumstances. He presumably got into debt and then hid from the problem as the demands of fixing it were too difficult. You may be able to support in future, such as with power of attorney, but only if he lets you.

You need proper legal advice about the debit if he doesn’t have capacity - and further advice on what to do in future eg. Power of attorney.

This is something I need to look into getting I think for in future but I’m not sure how easy or possible it would be unless Ds agrees

Yes he has a PT job (although that is an ordeal in itself and not going well unless we give huge support in all areas to facilitate it)

The debt collectors cannot take from your home when the stuff isn't his. They do not want to take stuff anyway. The only things they like are cars.
If they come then don't let them in. But tell him he must deal with it. It's his debt and he can't bury his head in the sand. If he's on pip then he can afford to pay something each month.

The PIP is already fully accounted for and I am his appointee