Prioritising Dads debts

Discussion in 'Legal and financial issues' started by Not so Rosy, Jul 17, 2014.

  1. Not so Rosy

    Not so Rosy Registered User

    Nov 30, 2013
    580
    After promising the 12 weeks disregard with respect of Dads care home fees, the Local Authority reneged on that.

    I now have the County Council chasing me for Care Home Fees, the DWP chasing for overpaid AA, Dad paid for my Mums funeral on his Credit Card, that still has to be paid off and he has no provision for his own funeral apart from one of those bloody things where you got a free pen. The CC refuse to take any of my Dads debts into consideration even his household bills till his house is sold.

    Can anyone tell me if there is a legal pecking order in which debts get prioritised.

    I prefer to ask on here as I have been given some quite frankly woolly and inaccurate answers by some of the usual places you would go for advice.
     
  2. cragmaid

    cragmaid Registered User

    Oct 18, 2010
    7,963
    North East England
    You poor thing....your head must be spinning.
    I can't help with a list, but quite simply these are Dad's bills and not yours.I'm not saying this out of meaness. You are not responsible for any of them. No one can force you to pay them off. I would ring the credit card company and try to get his account frozen so that no more interest can be paid. The Care Home must surely be aware of the situation. If they are pressing you for repayment, ask them to contact the SW. Ask the SW if you can be referred to the LA for a deferred payment scheme until the house is sold and the money freed. The DWP will probably accept that Dad has no money until the house is sold and arrange a payment plan.
    What reason did they give for not allowing the twelve week disregard?

    But like I say....these are Dad's debts and don't worry, I've never heard of the debt collectors having been sent in to a CH before.:D
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,432
    Provided your father doesn't have any other assets above £23250, the council don't have an option. They must provide the 12 week disregard. Now true, your father would have to contribute the major part of his pensions during those 12 weeks, but they can't arbitrarily choose not to fund him for those weeks. Also AA stops during that time.

    I wondering if what happened is you thought the 12 weeks would be completely paid for by the LA? If so, I'm afraid someone misinformed you.

    Now as to the debts: you are in no way responsible for them. I would be inclined to speak to CAB about what you can do to at least freeze these debts until the house is sold. Having said that, even if the companies in question got a court judgement, they would still have to wait to get paid, and it's not as if he needs to worry about his credit rating in the future.
     
  4. Not so Rosy

    Not so Rosy Registered User

    Nov 30, 2013
    580
    Dad was in a County Council care home so it's them chasing for their own fees.

    I think I have been badly informed by both the CC financial dept and the Social Worker. I kept being told not to worry.

    They say he owns his own property and it's just tough (albeit with an equity release mortgage on it, which is about 80% of the value of it). I can't believe they expect you to shut off all utilities, not pay house insurance etc. He was only allowed the £24 or so to keep each week.

    I just find it so humiliating he isn't even allowed to keep paying for my Mums funeral. 3 years ago I lived a different life and would have paid the care home fees and funeral costs myself. Since I have been widowed that is no longer possible, ironically my only income is from the same CC who keep invoicing me. :mad:
     
  5. BLONDY

    BLONDY Registered User

    Oct 29, 2011
    78
    2000 MILES AWAY
    Is the SW actually a SW or a debt collector for the CC? Let AA know the CC disregarded the 12 week rule this is a common occurrence ask for the AA to make a refund of the 12 weeks. Have a free half hour consultation with a solicitor do not pay anything until someone clears the wood from the trees. Explain that if you do not make the house insurance payments the house will be repossessed when they realise they cannot enforce non payment this it will certainly help.
    Kind Regards
    Blondy
     
  6. Jessbow

    Jessbow Registered User

    #6 Jessbow, Jul 18, 2014
    Last edited: Jul 18, 2014
    Where are you with selling his house?
    how long has he been in the care home?

    What paid his bills/debts before he was admitted- had he started paying the credit card off ( you say you find it humiliating that he isn't allowed to continue)

    Did he have a private as well as a state pension?

    My Mum has just passed away so I am spinning in it all too although I don't have debts to deal with.

    it seems easier to try and separate issues in my mind, one thing at a time

    AA for instance- if he was in a care home, it should have been stopped- if it was still paid, what was it used for, and yes, it needs to be paid back. ( it wasn't being used to pay for his care, was it?)

    Certainly ring the creditcard company soonest and talk to them about the situation.

    If he isn't living there, then utilities should be almost zero. have you talked to them?
    Without sounding personal, if he is living catered and cared for , what does he do with the £24 a week?
     
  7. Pickles53

    Pickles53 Registered User

    Feb 25, 2014
    2,482
    Radcliffe on Trent
    If he isn't living there, then utilities should be almost zero. have you talked to them?
    Without sounding personal, if he is living catered and cared for , what does he do with the £24 a week?

    Jessbow, the utilities may not be as low as you think. My parents-in-laws' flat was empty but because there was a standing charge cost still mounted up even though almost nothing was being consumed.
     
  8. cragmaid

    cragmaid Registered User

    Oct 18, 2010
    7,963
    North East England
    Jessbow...
    this is the "pocket money" legally kept back for the resident from the state pension to pay for toiletries, papers, clothing, books, hairdressing, stationery, sweets, outings ....etc. in other words all the things not supplied by the CH.
     
  9. Not so Rosy

    Not so Rosy Registered User

    Nov 30, 2013
    580
    I will contact AA and see what they say and I have to bite the bullet and see a Solicitor. I just find it very hard to talk about the whole situation in real life, I end up in tears within seconds. The house insurance is a whole other massive headache which the CC know about but won't give me any slack.

    Thank you
     
  10. Not so Rosy

    Not so Rosy Registered User

    Nov 30, 2013
    580

    My Dads house will be very hard to sell due to particular circumstances.

    Dads Private and small State Pension paid all his outgoings, plus hundreds a month from me. He has been paying off Mums funeral for two years.

    Turning off all utilities will make his house even harder to sell, so I am not going down that road.
     
  11. Jessbow

    Jessbow Registered User

    So you are at a bit of a stalemate with yourself really.

    Have you even put the house on the market? I do know how hard it is, as I said. my mum has recently died so I am having to prioritise what needs paying now as well as deal with grief.
    House insurance was one that I did pay and will come back from her estate eventually. Do bear in mind that some house insurance companies will not insure an empty house anyway. Mums- Tesco- will only insure for 16 weeks unoccupied,

    Have you been to Citizens advice?
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.