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Debt Being Chased For Someone In A Care Home - I Have P.o.a.

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Gizmonster | 15:23 Thu 28th May 2020 | Law
18 Answers
So in a nutshell, a family friend has been in a care home for approx 4 years and today a letter, addressed to her, came to my address. It's from a debt management company, chasing a debt for Post Office Telecom.
She won't have any recollection of this, as she has dementia .... but what will the debt management company do, when I ring them explaining that she's been in a care home for 4 years and I have P.O.A. ??
Will they demand to see proof that she doesn't have the funds to pay and what will happen if I can't/won't provide evidence?? What happens if I refuse to accept the fact that she owes this money - can they pursue me for the debt??
Will they even bother chasing it, as she's now in a care home??

Any advice welcome please ......

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No. It's up to them to prove it to Giz's satisfaction. As her Attorney he has the power (and the duty) to compound her liabilities. As Attorney Giz stands in her shoes. If it is a valid debt then they claim against her. Giz has no personal liability. IF they prove the debt to his satisfaction he may enter into payment terms out of her assets. Giz, you should provide...
23:10 Thu 28th May 2020
No, they cannot pursue you if the debt is in her name, give them her details and Care home address, they will try and collect but realise they are on a hiding to nothing and abandon it.
I think slightly differently...they may well decline to pursue, although if they are debt management and not the owner of the debt, it won't be their decision to make. I think if you have POA then you will be expected to be able to produce evidence that she can't pay the debt also I am not sure that you can just refuse to accept that she owes the debt without some kind of proof otherwise anybody could just refuse to accept that they owe anything or just say they can't pay it...no they can't pursue you for the debt. Have they given you details about when the debt dates from and what its for? Could it be a scam?....maybe a good idea to contact the Post Office directly for further info?
she must have some money otherwise what are you poa ing? pension?
ps they cant pursue you to pay the debt, but as you are acting as her, they can pursue you the same way they would pursue her and ask for the same proof they would ask her for
If the debt is real and you have POA then I suggest there is a duty to resolve it. The alternative may be to leave it and hope they drop it but this may just leave it to the executors to sort out if the person dies
Was the creditor actually named as 'Post Office Telecom' or was that just how you've conveyed it here?

And have you googled the debt collection company?
bednobs, you don't have to be wealthy to have a POA in place. Gizmonster, firstly ask them to provide details and proof of the debt. As she has been in a care home for 4 years already it is just possible that the debt is over 6 years old and could be statute barred from recovery. (It is not as straightforward as that but it is a consideration). Similarly if she had dementia when she took the contract out the debt may be unenforceable due to mental incapacity.

nah, i know that. We nearly got POA for my MIL who was insolvent so we could sort her debts, but fate intervened and she died. Mind you, we then had to sort an insolvent estate
Question Author
Thanks for the the replies - I'm going to contact the firm for further details.

The debt recovery company is "BW Legal"
https://www.bwlegal.co.uk/

I've had a letter addressed to the family friend - I don't know how they got my address, but I suppose that's what they do for a living .... hunt people down :)
She obviously doesn't live here, but my address is a "care-of" address.

The original creditor is "Post Office Telecom" .... it all seems legit.
it's up to them to prove it to your satisfaction
ermmm no bedknobs....its up to them to prove it to the COURT'S satisfaction.
They have probably bought an old debt at a knockdown price and will press to get what they can. However they probably wouldn't bother with the expense of going to court.
Google them and then click on 'reviews'
No. It's up to them to prove it to Giz's satisfaction. As her Attorney he has the power (and the duty) to compound her liabilities.

As Attorney Giz stands in her shoes. If it is a valid debt then they claim against her. Giz has no personal liability.

IF they prove the debt to his satisfaction he may enter into payment terms out of her assets.

Giz, you should provide them with a copy of the registered LPA. Thereafter they need to provide you with evidence of the debt. Do not let them fob you off. Also you are not personally liable so don't let them tell you otherwise.

If she doesn't have the funds to pay in full you may have to come to a payment arrangement. You may also need to consider whether this impacts on her contribution to her care home fees or her receipt of benefits depending on how big the debt is.
Ive just read Barry's post. Good advice there.
thx barmaid !
Gizmonster, I am interested to hear how this progresses.

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