The son is a disabled person, a blind mentally ill person – schizophrenia. He took too many consumer loans and payday loans which he couldn’t pay back. He sent to creditors applications for installment arrears in repayments, proposing an installment in the amount that can be paid monthly.
Creditors did not agree. The son is harassed by phone calls, threats, visits of so-called field debt collectors. He applied for one consolidation loan, but all financial entities refused – bad history at BIK.
What to do? Please note that a power of attorney has been drawn up to represent my son in financial matters – loans, contracts, debt collection, etc. – notary deed.
Mental illness and the cancellation of a loan
Hello, what you write is hard to imagine. I wonder what happened, who managed your son, that he made more obligations – loans, payday loans. Did your son really know what he was doing or did he become an instrument in someone’s hands?
Your son is not only a blind person, but he also has a serious, incurable mental illness, so how did the banks and loan companies grant him more loans?
Was your son aware of his obligations and was his creditworthiness thoroughly tested? I think that all this should be considered in order to solve his problems.
Mental illness – schizophrenia and cancellation of the loan agreement
As I wrote above, your son is seriously ill and will never become a mentally healthy person. Proper treatment, appropriately selected drugs and doses can facilitate his normal functioning, but it is really enough for his mental state to deteriorate.
Mental illnesses often interfere with free, accurate thinking. The state of mind is unstable, and the patient does not distinguish between what is right for him and what is not.
Many times sick people, among others for schizophrenia they make wrong decisions, taking loans that they can’t pay back, but also fall victim to other people, “tricksters” who take advantage of the patient’s difficult situation and profit from it, submitting documents for signature, registering companies, incurring liabilities …
The provisions of civil law explicitly mention the possibility of evading the obligation to perform the obligation, inter alia in case of a defect in the declaration of intent.
Cancellation of concluded loan agreements may take place when the party was in a state excluding the informed or free decision and will. This also applies to mental illness.
Therefore, if your son, due to his illness on the date of concluding specific contracts, was in a state where he did not see what he was signing, you can try to annul loans and credits.
I do not want to comment on the issue of banks, but when it comes to loan companies, where so-called payday loans, I know that people working there don’t care about the borrower’s situation.
I can therefore assume that my son has received financial support many times by signing prints he did not know, not only because of his state of mind, but also because he could not delve into the content of these contracts himself, he is a blind person .
Incapacitation of a mentally ill person
You write about the power of attorney agreement, but I don’t know why it should be used? Banks and loan companies demand and will demand the repayment of money borrowed with interest and costs. In the absence of payment, they will conduct “intrusive” debt collection, and in time will refer the case to court.
If you have strength, then I suggest you set up a case to incapacitate your son. Only a court judgment restricting his son’s legal capacity can protect him from incurring further obligations.
Mental illness and consumer bankruptcy
Another way to get rid of debts is to file for bankruptcy. Perhaps the court from the so-called for humanitarian reasons, he accepted the son’s request. His situation is difficult, after all, and because of the disease, one cannot say that in the future he will have more opportunities and a chance to pay off the debt.
I would like to help you, but I do not know the details of the case, I do not know what happened in my son’s life, whether it was only illness, loss or influence of third parties, his material situation is now very complicated.
- However, if you suspect that your son has debts that may have arisen because he did not act deliberately, then please consider filing a suit for declaring the concluded contracts invalid.
- If the employees of debt collection companies continue to disturb your peace of mind, you should be “frightened” by reporting them to the police. Every time please inform them that the son is sick and may have been a victim of fraud.
- If you know that your son may have been “abused financially” by a third party, please consider submitting your case to the prosecutor’s office.
What I still want to write about is considering the possibility of incapacitating the son. If his health is bad and his son is difficult to have sex – the court’s judgment may become a so-called protective umbrella.
If you are the closest person to your son, maybe you should also think about some help home where your son could live permanently? I know that such places are not associated well, but please believe me, there are also good centers where patients find company and classes at their level.
Perhaps in the cases I wrote above, you will need professional legal assistance. Please remember that in each commune there are free points of such assistance.
If you cannot afford the private assistance of a lawyer, you can try at this point. In the event of any case being filed, whether a declaration of consumer bankruptcy or a legal act is considered invalid, I think that the court will grant him an attorney ex officio at the request of his son, but professional help may be useful to write the claim or application.