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  • Help needed on a default incurred whilst in Prison.

    Hello all,


    I have a single default for £100 with o2.


    It is registered from 05th June 2008 - it expires in 11 months - I've already been waiting years for it to come off and have only just thought of this.

    I believe I defaulted on the account within the 6 month period prior.

    I was sentenced to 12 months in Prison on the 1st of June 2007.

    I have applied to the police under a freedom of information act request for all details the police hold on me from the national computer.

    I decided to present this to o2 after scanning it in to prove that indeed I was sentenced to this.



    So I wrote to o2 with the following:


    "It has come to light to me for the exact reason I defaulted 5 years ago. It was because I was sent to prison. Now I don't mean to use that as an excuse but it was completely beyond my control, and as you can imagine, my life was in tatters and I was sentenced in July 2007 for 1 year. I have attached proof that I have obtained after requesting information from the police under a Subject Access Record request. Please see this, where it will confirm when, where and for how long I was sentenced (i.e. 8 months + 2x4 months which ran consecutively), totalling 1 year. I have scanned in the relevant pages, please see the attached PDF.
    I hope you can understand how this default may have come about, why I was somewhat helpless with no one on the outside to handle my affairs, and why I could not have received this notice of default.

    By the time I knew, the debt collectors had already sent letters and I had got a default which I have had on my record for the last five years.

    I can clear the amount, please tell me how I can pay, also please tell me if you will then also be able to expunge it from my record considering these extenuating circumstances. There is only one year remaining but it is causing me still much grief. If you require further proof, I can also scan and send you letters that I have from my solicitor that advised me of my unfortunate outcome. Thank you"

    and here is my response back from o2:
    ----------------------------------------

    "Hello x,

    O2 have a legal responsibility to ensure we load an accurate representation of the accounts payment history to the credit agencies.

    On account 1xxxxxxxx7 there was an outstanding balance from 24/11/2007 until present. As a default is loaded after six consecutive months of an account owing, then the default is loaded correctly.

    As such I am unable to amend the information displayed.

    Once you pay the debt (by calling 0800 902 0217) the default will be marked as satisfied within 60 days."


    I'm not sure where to go from here. Have I lost all hope? I'm not sure how much of a difference having the debt marked satisfied is going to make a difference to my credit score. I have 11 months remaining but would really like to wait to get rid of it this year as opposed to waiting until 2014. I am thinking about responding to o2... do you think I have any recourse or is there any one else I can go to for help on this matter as it stands?

    Hope you can help. With regards
    GZ

  • #2
    Re: Help needed on a default incurred whilst in Prison.

    Hiya

    What is the issue? That default from 2007/08 won't affect you now, it's too old.

    They can add one within 6 months of the first missed payment, but that doesn't mean all do - some add it years later. The fact they did it after a year is here nor there - I'd really not waste time on this, it will be gone next June, a 5yr old default will have little effect on you now.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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