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Loans

stu100

Registered User
Feb 4, 2015
70
43
Birmingham
Hi can anyone give me some advice my nan has always had loans of provdent. Two years ago my sister told them she has got dementia don't give her any more loans we have found out the the woman is still coming to the door and nan has a couple more loans. She doesn't even need them we have complained about it and thay are saying my nan is ok the woman who come once a week will know that she is getting worse. Thay have sent a letter back saying thay haven't done anything wrong if my nan won't stop opening the door as she likes the woman.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
Honestly, I'm not sure what you are asking. I've tried googling the term you used and am coming up empty.

If you mean your nan is taking out (maybe) short-term loans and she doesn't have capacity you are going to have to take action to protect her. Do you have any form of LPA (lasting power of attorney). if you don't you are probably going to have to apply to the COP for deputyship.

You have to understand that without any formal paperwork this company has no legal reason to refuse to deal with your nan. Moral, maybe, but it doesn't sound as if they are particularly interested in the moral aspect.
 

RobinH

Registered User
Apr 9, 2012
265
London
Found this on the Citizens Advice Website

http://www.adviceguide.org.uk/scotland/consumer_s/consumer_protection_for_the_consumer_e/consumer_contracts_s/who_can_make_a_contract_s.htm

"A contract is a legally binding agreement which may or may not be in writing. Most adults can make valid agreements (contracts) with other people. Some adults can’t because of learning disabilities, mental health problems (including dementia) or because they are under the influence of drugs or alcohol. The contract or agreement in these circumstances can’t be valid because the person didn’t understand what agreement they were making. When you do know what agreement you are making it is called having capacity."

It seems to me any contract taken out by someone with dementia isn't valid. Has anyone got experience of getting a contract nullified for this reason?

Robin