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 ?

Is there an argument that he is vulnerable and should not have been able to access credit? Definitely register him as such with bank etc and they will flag any unusual activity in future.

@Debtwarrant then he could go for bankruptcy, there's a few types. If he genuinely can't pay.
You're not legally obliged to pay on his behalf at all. I hope it gets sorted x

I just don’t think he should have been able to
get any credit. I’m going to try and sort out in future that it can’t happen again. He has a (very) PT job (3 6 hour shifts per week)

It sounds like you have a very good chance of getting these debts cleared under the irresponsible lending claim. They cant have done any proper affordability checks if you are in control of his pip and he works such small amount of hours.
There is lots of information and templates online, if the company rejects you can take it to the ombudsman to review.

3 6 hr shifts is not very part time OP. It's a .5 contract. If he is on PIP and this he needs to pay his debts. All accounted for is not an answer. Even if you clear it now he should repay you.
I would try the money saving experts for advice re this tbh. Or some actual debt advice from somewhere like stepchange.

But it is needed towards therapy and medication that we haven’t been able to access on the nhs due to waiting lists and other costs. The job is an actual nightmare and getting him there and back is an ordeal and he has been off a lot it’s just a nightmare. He obviously will have to pay his debts but I just need to get some kind of plan sorted once I have the information or ability to do so

No, they cannot do that. That is a forced entry.

https://www.dealingwithbailiffs.co.uk/BailiffJamsFootInDoorThresholdManoeuver.htm

Never open the door. Speak through a window, preferably an upstairs one.

Perhaps he needs to sign a power of attorney if he has capacity, if he doesn't have capacity you need to approach the court of protection to act on his behalf

Does your DS have a social worker? Special support with getting into employment? Official diagnosis? Just thinking this would show that DS is vulnerable. You should then be able to get something put on his bank account which stops access to credit which should stop any further lending.

In regards to the debt I think you need some proper advice from one of the debt charities. They will be best placed to advise on how you may be able to get the debt cleared and where he stands regarding bailiffs and ccjs. They will also be best placed to advise you what next steps you can take to protect your DS from obtaining further debts via money lending. Your DS will not be the first in this position someone like Stepchange or citizens advice will have advised and they will likely be able to advise you regarding paperwork. I do wonder as your DS is not coping with the debt and you are an appointee for Pip if you would be better getting Power of Attorney for financial affairs. I would also ask this question on the SN boards - there may be someone who has been in your position before and have an idea of how to go on.

This OP. He is living at home with you and has quite a bit of income coming in if he has both pip + income from 18hrs a week and presumably not that many outgoings. Where is all the money going this must surely be some hundreds per week?

It’s minimum wage . For PIP a lot goes on the motability car and the rest on therapies etc . I just don’t want this to get out of hand and to get it sorted but he won’t tell me anything so far

Is he in agreement that his pip and other money is going on these therapies? It sounds like he might have built up debt because he's not being allowed to spend his earned money on any nice things for himself.
If he does have a portion of his money allocated to personal spends then this now needs to go on servicing this debt.

No he would rather spend it all on rubbish, he is a compulsive spender and it’s not for sweets , energy drinks , gaming and expensive shower products but he agreed for me to be his appointee as he said he knows he needs help and can’t control himself with things

The money he earns he spends as he wishes and he spends it within 12 hours of being paid. I’m just surprised he was able to get any credit at all

The companies may have loaned the money inappropriately, they have a duty of care to vulnerable customers and should follow certain processes. Who are these creditors and what regulations are they under? CAB could advise if they have a case to answer.

Speak to Stepchange. Even if they can't do anything without your son's permission they can advise you what he needs to do.

Debts collectors can't force their way in. He will also get multiple letters before they do. I've had them turn up for the previous owner (even after sending all their letters back). I sent them packing and told them sod off.

Does he need the motability car? He's not earning much with so few hours, sounds like he's struggling with not having any financial freedom. He won't talk to you because he's an adult and unless he doesn't have capacity (in which case how does he drive?) that's his right. If he didn't make the decisions about how his benefits are spent, this could amount to financial abuse.

He can’t drive - we are the named drivers and he needs it for getting to and from his work and to all the multiple appts he has each week and the groups he attends

It’s not financial abuse when the PIP is used for his medical needs.

Is public transport an option at all? Would he perhaps enjoy the independence?
Are the family reliant on the motability car as the family vehicle?

Is he paying any rent or household contribution out of his earned money?

He can’t cope with public transport. Yes it’s the family car

He pays us £10 per week

OP, he has to have adequate capacity to grant you power of attorney. If he has that capacity, ythen arguably ypu shpuldnt be using it.

The obvious thing is soneone (reliable adult sibling?) to convinces him to let you help sort put his debts. IE make it clear that youre not angry with him, everyone makes mistakes, but you want to help. If you make it easy - for him - eg phone.up his creditors, explain, then pass the phone to him to give you permission to help.