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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 am fighting and have been fighting for years to keep my

Customer Question

I am fighting and have been fighting for years to keep my severely autistic multiply disabled brother in his home following the death of his father 12 years ago and the death of his severely disabled mother 18months ago.
My brother is still in his home with Social Services Care 24 hours a day and this is what is keeping him safe as in any other environment his Safeguarding is massively at risk.
Before my father died he was an 80 year old Carer thus of two severely disabled people my mother and brother. He complained of harassment from a Mortgage Loan Shark called Future Mortgages saying they had got into the property refused to leave and were banging on windows etc. I found out after his death from stress related heart failure that he had succumbed to pressure and had signed a huge loan secured on the property. As a very old man!! With severely disabled dependents! The Company refused to acknowledge their culpability and I have just been keeping the debt at bay for many years whilst the loan was sold on four times. The repayments were so large that my Dad was in arrears before he died.
The company now are in Court trying to repossess the house which would kill my brother as it's the house only where he is safe. The Company refuse to let me as the main overseer of Philip's welfare (and his appointee and soon to be Deputyship holder ) set up payments towards the debt. They say I need probate. However I'm told by Probate firm that probate is far too complex because my brother has to stay in the property for his own safety and the Inheritance tax issue also can't be resolved because of this.
So I am in Catch 22 and must act to stop the Repossession with Doctor and Social Services agreeing that it is a safeguarding risk for my brother to be evicted from property. I also need Legal Aid for my brother to help Representation.
This is so urgent. Please help me.
Paul Morrall. Email***@******.***
Submitted: 9 days ago.
Category: Law
Expert:  Michael Holly replied 8 days ago.

Who's name is ***** ***** registered in?

How much is the loan?

Can you afford to make repayments?

How much is the house worth?

What is the total amount of the loan?


Customer: replied 8 days ago.
The house is registered to my father and mother both now deceased. My brother is now the sole resident in the property though due to his disability there is a Carer with him 24 hours a day. I have not applied for probate nor paid inheritance tax because my brother is still there and needs to stay there for his safety and welfare until either he dies or becomes too physically disabled to stay there safely.
The loan was taken out for 100,000k and the repayments started at an impossible 900 pounds per month. Now the repayments are £250 per month and I have offered to set up Direct Debit to help but have been told I cannot do this by the loan firm without probate. So they know I can't get Probate with my brother still living in property. But I can't make repayments without probate. I am sure the firm are doing this refusal to get repossession.So Questions would be ;Am I right that Probate is not possible when a disabled dependent is still needing for safety to stay in property ?
Is there any other way to start repaying the loan ?
What is the best way to make representation about the way the loan was taken out with harassment bullying an 80+ year old man with two severely disabled dependents into taking out a secured loan on the property that the dependants depended on. ?
Can i get legal aid on behalf of my brother to help with this for this type of issue?Paul Morrall.
Customer: replied 8 days ago.
I would prefer a written response answering questions please at this stage.
Expert:  Michael Holly replied 8 days ago.

What is the interest rate on the loan?

What happened to the money ?

Can you afford to pay off the loan or equivalent on a monthly basis?

Customer: replied 2 day ago.
It's annoying. I kept on having to answer questions rather than get a proper written response which is what I asked for and paid £57 for. It was a serious issue and I was desperate for a reply to support me. In the end I the site would not let me even see my original message. I was really hoping this would be helpful but it wasn't. Very disappointed. Even now a proper written response would be useful. But not happy. Really disappointed.
Expert:  Michael Holly replied 2 day ago.

Perhaps if you answered my questions you would get one. If you prefer not to have one we can leave it as it is.

We ask questions because we need to know the answers , not to annoy you

Customer: replied 2 day ago.
The answers were mostly in my original response and the questions you ask are only loosely relevant to the questions I posed for response. I actually tried to answer the last set of questions but the site wouldn't allow it nor would allow me to see my original statement so I could point out where the answers to your questions were.
I said that the original repayments were £900 per month but were down to £250 per month (due of course to interest rate lowering ). I also said I had offered to pay this but was not being allowed to do so.
The money went on paying off debts my Dad had on treatment for my mother and brother due to their extensive disabilities. I had helped my dad overcome debts but he had clearly been scared and panicked by this Company who knew he could not at 83 even begin to pay off such a huge secured loan. They were only ever after Reposession from the outset.
Thank you.

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