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loans taken out while sectioned

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  • loans taken out while sectioned

    Hi-- I have been recommended to this site, and I hope someone can help me with some advice.

    A relative of mine was sectioned under the Mental Health Act in September. Her partner at the time had her bank cards, etc and took out various loans in her name and has made absolutely no repayments on any of them. He also emptied her bank account and squandered all her benefits. Of course by now he has disappeared off the scene leaving us, her family to pick up the pieces.

    One of these companies, Likely Loans, are asserting that she is eligible to pay back the loan despite me explaining the circumstances and the fact that she is still sectioned and in hospital. They know that her ex made the call to them but are saying that unless she is prepared to prosecute then their hands are tied and they are assuming she gave him consent to take the loan out.

    Is this even legal?

    While the relationship was still ongoing this guy's activities were reported to the police by the hospital and by myself (I actually submitted about 8 pages of detailed documentation of everything that has happened since September). They've given me a crime reference number to quote to the companies involved, but some of them are already shrugging this off as irrelevant.

    What Likely Loans are saying is that if she gave permission (while in hospital under a section) to him to take out the loan in her name then she will have to pay up. The loan is already racking up additional charges, they've put it on hold a few weeks but are saying that unless she is prepared to prosecute him then she has no case to argue. As I said before she is still in hospital and in no fit state to do this. When quizzed at the time she asserted she knew all about it and had given permission, but at the time was being coercively controlled by this guy and would have said just about anything for fear of his negative reactions.

    My question really is whether Likely Loans are in the right to hand out a loan to a male caller quoting a female identity without even speaking to the female in question??? And having been made aware of the situation by myself within about a week of agreeing to it, should they still hold her accountable???

    Also at the moment I'm fighting to clear up the damage done by this individual with Bright House, Provident, Argos, Tesco mobile and the estate agents with whom they were renting. Not easy when you don't have power of attorney and no one wants to talk to you!!!
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  • #2
    "When quizzed at the time" who quizzed her? Did Likely Loans ever speak to her?

    "As I said before she is still in hospital and in no fit state to do this." is she up to reporting him to Action Fraud? this can be done online.

    "Not easy when you don't have power of attorney " is she able to give you a Power of Attorney? Would she want to?

    "I'm fighting to clear up the damage done" it doesn't sound as though it will get much worse if it waits a few months if you can get her benefits switched to a different bank account, so they are safe from now on.

    It's good to get on with sorting this, but if she isn't up to it, then wait until she is?

    NB I am sympathetic but you don't need sympathy, you need to know what to do.

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