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 ?

Yes get him to file for bankruptcy!. Hat way all his debts are discharged and he won't be able to get anymore debt!

Im Just waiting for him to speak to me hopefully today he will and then I can put this to him but he’s not very receptive over certain things it can be difficult I’m hoping I can get through to him

The bailiff don't care about who owns what!. They want to put pressure on you by threatening to take things that they know don't belong to him.

There is a lot of poor advice on dealing with bailiffs here. The best thing you could do would be persuade your ds to go to a local Citizen Advice debt service if one is available or other debt advice service that can advise you properly.

There are rules around how bailiffs should behave when dealing with vulnerable people and a code of conduct
nationaldebtline.org/get-information/topics/dealing-with-bailiffs/

National debtline has good information on the website. Consider the options for a breathing space, as well as standard there are mental health breathing spaces although only available in specific situations they can be arranged if the debt pushes your Ds into a crisis point.
nationaldebtline.org/get-information/guides/breathing-space-ew/

His income is about £14.5k a year between p/t job and PIP, why wouldn't he have been able to get credit? He has capacity. He is able to work. He is still an adult and these are his decisions. Also his responsibility - he's not a child. He knows he can't control his spending so he knows that results in debts if he spends money he doesn't have.

The car can't be returned but he might not be happy about where/how the rest of his PIP is spent now.

He will have destroyed his credit rating if he has CCJs and bailiffs coming so won't get more though.

Maybe it's time for him to live in supported housing.

ETA all the advice about Breathing Space is great except in your son's case, he has the money to pay the debts. You control his PIP. He has wages and doesn't have utilities, rent or the same living costs as the people this scheme is designed to help.

Im sorry but there’s no way I would allow him to have control of his PIP which he agrees with as he will spend it within 24 hours on absolute rubbish. It’s for his additional needs and we use it for that it’s not for sweets and cakes and energy drinks and gaming etc etc. he wastes all his wages on that it would be very wrong to allow him to do the same with government money given to help with medical issues

You have already been advised bailiffs can only attend if there is a ccj. Ime creditors very rarely apply for a ccj in this circumstance because it's clear there is no money. If a bailiff comes (you said there is one ccj) just don't open the door, ensure windows are closed and wait until they've gone. There is nothing they can do unless you let them in.

You can write to creditors yourself, but they probably won't engage with you without written permission. But you can complain, follow the creditors complaints procedure, point out the sen and vulnerable status and tell them it's irresponsible lending and that they should write off the debt. Send with it any evidence of sen and vulnerability. See what happens.

If you can get your son to sign a note saying he gives permission for you to deal with creditors that is key.

You can go to the ombudsman where complaints are not upheld.
https://www.financial-ombudsman.org.uk/search?Search=Irresponsible+lending&Captcha=&Captcha_Timestamp=1731607191&action_sendSearchForm=Search

The other thing is no, you don't need to pay these debts. It sounds like irresponsible unaffordable lending, so creditors should take the financial hit. How else will they learn they can't keep doing this.

I agree with this. It's not the family car. It's his car.

Are you saying it sits outside the house unless you're taking him to and from work or to his appointments?

If he can't afford it it needs to go back abd you buy a family car

Such ignorance about the use of a mobility car as the only car in the household.

It is absolutely allowed and is stated clearly in the agreement. If you are ignorant of the facts and too lazy to research better to say nothing.

The rules say the car must be used for the disabled persons benefit........so the mum for example cant take it if she fancies going for coffee with her friends for example - that is misuse. The car is not a replacement/substitute for a family car

@Blushingm

Where does the OP say that's what she uses it for?

Nowhere.

It’s used to get Ds to and from work and all his multiple appointments and activities .
i use it to go to work as does dh . We use it to go shopping sometimes with Ds sometimes not.

Expensive things with resale value. Cars, electronic, laptop, phones, tv, jewellery, designer items, high end bags also any cash. I’d be tempted to store any jewellery that’s sentimental off-site. Also have your son sign a lodger agreement. Demonstrable evidence that he lives in your furnished home and that his possessions are in his room.

She said it's the family car - it's not, it's her DS's car

I said - for example. I didn't quote her.

The scheme says the car is for the benefit of the disabled person not for anyone to use whenever

It states in our motability agreement it can be used to go to a place of work by a named driver living in the same house. And for the benefit of the claimant and for social as long as it is of benefit to Ds but he doesn’t have to be in the car for all of these things

My brother had bailiffs turn up at his flat. His lodger not only didn't pay the rent to him (which he had to just forget about), but didn't pay whatever else was registered to my brother's address - which is why the bailiffs came.

When the bailiffs arrived, they were extremely aggressive and my (large rugby playing) brother was terrified. They were not interested in the fact that the lodger had done a runner and he had no idea where lodger went. They wanted payment/goods and there was no more to it. He ended up paying the lodger's debt on his card there and then - despite it having nothing at all to do with him.

They were very nasty and very aggressive.

I have to disagree that they are not there to rob you. My brother was literally robbed by aggressive bailiffs for debts run up by his lodger.

This is why you dont open the door to them. Their job id to be intimidating and persuasive. They don't care about anything other than getting the money

And OP just ignore the car discussion! This wasn't the point of the thread !