Published on 12, July, 2020
Hi. I am a full-time carer to my 25 year old autistic daughter. My daughter made friends with a girl, who turns out wasn't a friend at all. She got my daughter to open shopping accounts and order items. She told my daughter she would give her the money to pay for these things, so my daughter believed her cause that's what she said she would do. This girl has maxed out numerous accounts which are in my daughters name and hasn't paid for a thing. I don't even know where she has gone but I am getting countless debt collectors letters, solicitors letters and even had them turn up at my house. I am trying to explain to them what happened and that my daughter doesn't have to capacity to understand that the girl was lying and she doesn't have any of the items purchased. Has anyone else been in this situation or similar and can offer any advice before I get bailiffs turning up and removing things from my house. Thank you
NAS94078 said: I am trying to explain to them what happened and that my daughter doesn't have to capacity to understand that the girl was lying and she doesn't have any of the items purchased.
Your daughter is an adult and it sounds like she was co-erced into signing things, albeit willingly believing the friend would pay her back. In the eyes of the law she is liable for the debt as she did all this willingly.
The bailifs will not be able to take things from your house unless they can prove she owns the house or the things in it that they take - I would follow Fibonacci's advice and contact the police to confirm your rights (low chance of success unfortunately) and possibly a solicitor to find out the legal standing is your daughter is not considered fit to make her own financial decisions.
Her friend is the source of this so I would get the solicitor to draft up a letter to her to ask for repayment for the goods she has taken.
Were the goods sent to your home or to the friends? If it was the friends then you have more of a case and can show the proof to the bailiffs.
Unfortunately this is unlikely to work out and you may need to plan for writing the whole thing off as a scam and paying up.
Personally I would consider getting someone to pay the friend a visit to demonstrate your displeasure to remind them not to do this again. *** But that is just me - you need to decide what is right for you.
Sorry it isn't better news but good luck in your persuit of this miscreant and your money.
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I suggest you look for a solicitor with expertise in the Mental Capacity Act - you may need to apply to the Court of Protection for an order giving you the authority to manage her affairs. This would not be retrospective, but it might give you some relief from the bailiffs. You might want to check if you have some sort of legal insurance through your household insurance, bank or credit card or trades union or professional body.
Bunny mentioned Adult Safeguarding at your local social services - financial abuse is a recognised form of abuse and they will have procedures to deal with it.
Obviously block all cards and notify the providers. If your daughter was lacking capacity at the time the card agreement was signed and when the purchases were made, you might have a case. However, this may well lead to your daughter having legitimate cards and possibly her bank accounts closed.
If your daughter has breached the contract with the card provider, e.g. giving the other girl her password, PIN etc. then this may could make things more difficult. On the other hand, if this is a case of identity theft, with the other girl impersonating your daughter, this is a criminal offence.
Usual disclaimer : This is general information only, you should contact a qualified solicitor or regulated financial advisor for advice in your specific case.