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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have a secured loan on my house dept of 6,400 pounds. I also

Customer Question

I have a secured loan on my house dept of 6,400 pounds. I also have a daughter of 21 who is autistic and receives large money monthly of 750.00. She is not named on my loan but these people want to include her money and take it to pay the loan, This is her money in her own right.Do they have the right to do this. ? They say because it comes into my account they do have the right to add it to the monthly income. Only reason it comes to me is because she cant read and write and talk so i am her appointy
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Can you tell me who the lender is?
Kind regards
AJ
Customer: replied 2 years ago.

The lender is a company called Blamain Finance in stockport chesire

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Are they saying they want to take the funds to repay the loan?
Also do you have proof (i.e an application or a power of attorney that the funds belong to your daughter)?
Ultimately unless your daughter has personally guaranteed the loan, she cannot be held liable for your debts and therefore her assets cannot be used to repay your debts. The law for this is called the Statute of Frauds.
Have they said what they will do if you refuse?
Kind regards
AJ
Customer: replied 2 years ago.

yes they want to include this into my home budget plan. My daughter has nothing to do with the loan i have used the money before to pay them in the past. How ever her social worker says it is not to be taken by them as it is for her personal care. her money was not included when taking out the loan,my husband was working then in a good paid job,and since has not worked for the last year due to ill health.i do not have a court paper as power of attorney, i am named on her disability payments and her ESA payments as her appointy

Customer: replied 2 years ago.

They keep sending letters to say if i dont contact them regards ***** ***** will go for repossion

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Do the terms and conditions say that they can review your monthly payments if your income changes?
Is the lender regulated by the FCA?
What do they want to increase the charges to?
Kind regards
AJ
Customer: replied 2 years ago.

Sorry had to pop out. Yes they are with the FCA. They will work a plan on my budget but will not be happy if my daughters money is not included in that figure. i have to call them soon ,today to sort a plan just dreading it as i know they will argue with me about her income.Bye the way many thanks for the help

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
No problem.
My apologies for the continued questions but are they asking this because you are in default?
Kind regards
AJ