Be in a list of defaulters it is a headache for everyone. People who enter there do so due to defaults on mortgages or some service such as electricity, telephone or Internet. Also, one can be entered by mistake. The truth is that, being in a token for defaulter closes all roads to some type of financing or credit from the bank. The debt, no matter how small, cancel all kinds of help with payments in installments or bank cards.
It is important to bear in mind that when a person or entity subscribes to another on the list, they must notify the affected citizen. In this way, the company that owns the file must also inform the citizen that it is registered. It may happen, however, that the debtor changed his address, therefore he has not received the notification. In that case, it is important that the interested party investigates if he is on a list and how to get off it. Here we will give you more detail.
Lists or files for defaulters in Spain
In Spain there are different lists to annex the defaulters. Their entire structure is governed by article 29 of the Organic Law on Protection of Personal Data. In this article he talks about the information services on financial solvency and credit, which in reality, is nothing more than the companies that provide financial services. files for delinquency. To subscribe a person, you must indicate the debt that he owns, name and the company or person who wishes to enter him in the list.
Some of the most famous in Spain that fulfill this role are:
- National Association of Financial Credit Establishments (Asnef).
- Registry of Unpaid Acceptances (RAI).
- badexcug.
The way to be on one of these lists is due to non-payment. And the idea of grouping people in them is that: one, pay as soon as possible, and two, other entities - such as banks - know who is there to avoid granting loans or credits. At the moment, there is no legal framework that indicates how much money must be owed to enter the list. As such regulation does not exist, files can be entered when any amount is owed.
For example, owning a service such as water, electricity or cable television is the reason to be included in the list. This process involves certain steps, you do not add someone without control. That means, someone can be attached for owing 50 euros.
How do I know if I am delinquent?
Knowing if you are in one of them is not something you can search online, but if you owe an invoice from the companies subscribed to this agreement or, you took too long in a payment, it is likely that you are on the list. This is a simple way to find out. Another way to find out is when a person goes to a bank to apply for a loan or credit and is taken with the obstacle of non-payment to another entity.
These, as mentioned before, is one of the ways to know if you are delinquent. However, the way legal to know if you are on the list It is by notification from the same company. In this case, the industry that annexes the legal or natural person must inform it within a period of 30 days. Likewise, the company that owns the file must also notify the debtor of its inclusion in the list.
In any case, to be within one of these lists, the following requirements must be met:
- The debtor's data (such as ID, names and others) must be delivered by the company or person to whom it owes.
- The lowest amount to subscribe a person is 50 euros.
- Have an existing debt, unpaid and repeatedly demanded by the company.
- The debt cannot be in an administrative claim, a judicial process or in any process that involves a dispute.
- That the person or client has been notified that, in case of non-compliance with the payment, they could be added to this list.
- The period of stay on the list is five years.
Can it be in a file by mistake?
If possible. In fact, it is considered that there are many, many inclusions by mistake. Many legal and natural persons are on the lists without having debts or without complying with the aforementioned requirements. In some cases, these "errors" are unjustified, in others, they are identity forgery or fraudulent hiring.
If this is your case, what you can do is, first, certify that you have no debts or contracts with the company that signed your name. After that, it is possible to make a claim against the company or the filing industry and demand a compensation. In any case, it is important to clear your name and receive compensation for it.
Another action to take is to write to the owner of the file in claim for the inclusion. He must respond within 30 days. If you do not do so, you can make a complaint to Aepd where a file will be opened and you will receive a sanction.
How to get off the delinquent list?
The only way to get off the list is pay the debt. At the time of making the payment and settling the non-payment, the company must notify the company that owns the file. Within a month the name will be removed from the list. You can also act on your own and send proof of payment together with a photocopy of your ID and full name to the company in the file. In this way, get rid of doubts and be sure that your name will be removed from the list soon.
