Help - Defaults whilst in Custody.

A4374AL

Hi all.

I am a new member in need of some serious help for an embarrassing problem I'm having with my creditors. !

Before I continue may I ask that you don't judge me on the information I supply but help me with your experience to overcome this query.

In February 2010 I was sentenced to a custodial sentence, subsequently I have spent the last two years in prison. !

Prior to my arrival into custody I had various credit accounts: O2, Next Directory, Littlewoods, Capital One and Barclays. May I add that during the lifetime of the accounts up until going into custody I never once missed a payment.

On arrival to custody not only did I lose contact with my family, friends and ties but I also had a mental breakdown leading to self-harm and numerous attempts on committing suicide. I was placed in healthcare, prescribed various medication and to date continue to have suicidal tendencies and self-harm. I am diagnosed as Severe Depressive posing a very high risk of harm to myself and others.

With the very limited information above you will easily identify that I wasn't coping very well at the time of being sentenced. For this reason my creditors were the very last thing on my mind but that said, one has to appreciate that even if I was in a fit state, by losing your liberty your life is put on hold. At my earliest opportunity, with the circumstances of my mental health, I made contact by letter with Experian. I am a member of the CreditExpert service. My letter was two fold, to ask for the addresses of my creditors so I could advise them of my circumstances and to ask for a refund of my membership having paid the monthly fee for 20+ months even though one can't access the internet in custody. Unfortunately they declined my request for a refund stating that they still provided a monitoring service but they did, some three months later, finally send me a paper copy of my credit report. The delay was due to them confirming my identity with the prison governor. !
Can I add that prisoners, unless for the purpose of contacting family and friends, are not allowed to contact business by telephone during the custodial period. Any request made by the prisoner for a business number to be added to his contact list will be declined by the PIN Phone Clerk. By losing your liberty one must appreciate that life very much stands still for inmates.
Anyway, on receipt of the information from Experian I immediately noticed three Defaults on my credit file for non payment during the custodial period. Now alerted to the defaults, by letter I contacted O2, Next and Littewoods advising them of my current situation and to ask what, if anything could be done to remove the defaults and suspend the accounts until my release. Although O2 did settle one account (I had two accounts at the time, my ex partner and I. She continued to pay hers even though it was in my name) there still, although now settled, remains three defaults on my file.

The circumstances were my fault, I get that. It was my fault for going to prison but can these companies distribute defaults for a person serving a custodial sentence. I couldn't do anything to rectify this situation because of my mental health but did make contact once I able. The feedback from the companies are they need to reflect a true statement of the account - ok, but can this not be argued that my accounts are not a true reflection. Simply if I wasn't in custody the payments would have continued. These are exceptional circumstances.
Are the companies not obliged to put the accounts on hold? Can they not update the information with payment holiday for the missed months and settled when I finally paid on release and remove the defaults?

This is stopping me from moving forward and making me more and more depressed to what is the point! I am exhausted. I have paid Experian £14 p/mth since 2009 and have recieved no help from them what so ever. They simply tell me to make contact directly but when I do the companies aren't sympathetic and don't give a toss.
I cant buy or even rent a place now so are in a hostel, I really don't know how long I can take this for before I give up. I have even cut myself again to take away some of the stress, please can someone help me or advise me? I know I done bad but I just need a chance.

Thank you and thank you for listening.

Creditors - Lowell Portfolio, Capquest (UK) Ltd & O2.!

Jinx

Hello

I don't have a definitive answer for you, perhaps someone with more expertise can advise. I just wanted to say as someone who defaulted due to overspending - the creditors don't tend to care about the 'whys', only the status of the account. So they will default anyone who doesnt pay on time, regardless of circumstances. If you are in a position to pay the creditors, you could always ask if they will remove the defaults once this is done.

Good luck.

Jinx

A4374AL

Hi Jinx.

All the outstanding amounts have been paid. O2 wrote the balance off because of the circumstances but not the default and the other two, £191 & £201 have been paid. I just can't believe for such stupid amounts I potentially have these for 6 yrs so effectively I was sentenced twice.

Jinx

They are silly amounts, can understand your reaction. I dont think the companies have any legal reason to take off the defaults if they were accurately reflecting the position at the time. I think you can only write and politely request they take off the defaults.

I know that ex-prisoners get help and support, could anyone there perhaps put you in touch with someone more professional?

[Deleted User]

I have read your post and it is very strong.

Do you not have a probation service contact/officer. I would think they have a wealth of information on this subject.

It will be hard to obtain advice here as your situation is very unique to this forum, unfortunately people in your situation don't tend to post here often.

With some of the comments and points you have raised I think you should contact a support service. Unfortunately it's hard for some people to read what you have said and they won't know how to respond to you because of this. They may feel uncomfortable as they do not want you to feel worse, yet they do not know how to help.

Please consider this when you read the responses that some will provide.

Sorry that I can not be of more help, I think you can understand why. I hope someone will be along shortly to advise.

A4374AL

Thanks guys for the comments.

I do have a probation officer and she is very supportive and offered to write confirming that I was infact in custody. It is actually her that is pushing me to have it resolved so to move forward otherwise I would have just given up by now.

I have just sent off an email to each creditor explaining the details and making them aware of Prison Law in terms of contact with businesses. Let's see. I don't hold much hope.

Don't worry about posting, I've been to hell and back of late, this isn't even a grain of salt compared to the grieving of losing everything and everyone.

Thanks again! :-)

[Deleted User]

Well you seem to have made the first steps, I don't think there is much anyone else can say until you get news from these people.

Good Luck anyway, don't forget this is not forever. I know it's of no help saying that now, but at least you have a reason for being in this situation, I don't and I am still unable to take the credit that could help me !!!

camuk81

Just as a quick thought and this is a very very long shot can you argue you did not recurve the notice to default.

You will need to explain the details about your custodial sentence. It's a very very slim shot.

They have been right in everything they have said so far has been has been correct. Unfortunately everything is viewed in black and white and there is no grey.

What date did you receive the defaults?

A4374AL

What's recurve?

Jinx

He meant receive I think.

A4374AL

I didn't recieve any notice of defaults nor any correspondence about the matters. I only discovered when I tried to get a refund from Experian.

O2 - 16/09/10 @ £31 settled 21/07/2011
Capquest - 18/06/2010 @ £201 settled 11/03/2012
Lowell Portfolio - 31/08/10 @ £191 settled 24/11/11

Sentence start date: 02/02/2010
Discharge date: 02/02/2012