A delinquent debt records, known as automated data files used to reflect delinquencies in payments of both individuals and corporations. This is done so that lenders can learn and ponder the situation of a potential customer requesting funding. The lists of defaulters, given its negative consequences for those who are included therein, have a duty to be scrupulously accurate and transparent and allow the defaulting their rehabilitation in the market.
How do I enter a list of defaulters?
For a person or company you can be placed on a register of this kind should provide the following circumstances:
- That there is a certain debt, callable due and unpaid results.
- You have been asked to pay and this will not occur.
- There must be documentary evidence that contradicts the two previous requirements.
You can only register on a list of delinquent persons or entities possessing defaults on their backs in the past six years. In any case, can be entered in the file to a citizen from the fourth month of default, counting from the maturity of the obligation breached or the particular time limit if the same periodic compliance. The default by a person may only be registered in the default file for a maximum period of six years, which is counted from the inclusion of data in the register and in any case after the fourth month from the expiration of the obligation. The manager must notify the affected file inclusion therein.
How to get out of a record collectors?
First, the rights and the reasons why you may include in one. In this sense it must meet the following requirements:
- That there is a certain debt, due and payable, which has resulted unpaid.
- You have been unsuccessfully requested payment.
- That there is no documentary evidence that apparently contradicts the previous requirements.
If not found in these circumstances and appear to have the problem, action is needed:
1. The individual must be notified of their registration with a delinquent registration within 30 days by the holder.
2. If the data were incorrect, we must request cancellation or amendment within 10 days.
3. The creditor has 7 days to submit documentary evidence to contradict the previous point.
4. To unsubscribe you must provide documentation proving the absence of debt along with copy of ID card. The owner of the list must delete the data in the next 10 days.
5. If no response should be directed to apply to the Spanish Agency of Data Protection provided a copy of the paperwork and low application studied.
6. If you have been harmed by a breach of these rules of data protection shall be entitled to receive compensation after filing an application before the ordinary courts, and must demonstrate and quantify the damage suffered by the side that has the process.
7. If a file of public ownership should complain about the system of government. The file owner must notify the person his inclusion therein within 30 days. Otherwise he is guilty of serious misconduct that can notify the Spanish Agency of Data Protection (AEDP). This is because the debtor is entitled to know their data and to claim your change or cancellation if they are not correct.
The only way out of the files of delinquent debt is meeting, showing that this does not exist, once it has completed the maximum legal period of stay (established in six years) … One problem is that it is the creditor who is obliged to report the cancellation of the debt within a week. Thereafter the applicant must prove the absence of debt together with a copy of the ID of the person concerned. The owner of the file must answer on the Elimination of their data in the next ten days. If you missed the deadline remains the best response is to file a claim in the AEPD.
One of the problems of being in one of these files is that some keep their customer data to “zero balance” status or “paid”. That is, the client remains in the file along with the name of the former creditor. It is a way to reflect that once that person was not solvent. However, this is not legal, it is not possible to keep adverse information on the debtor having been made and a reason to claim compensation.
How do banks or banks in case of a default?
Financial institutions are treated differently defaults on debts, but with the same general method of action:
- During the first 20 days of default, entities are in contact with the debtor to inform him of the debt, if it was an oversight of it.
- If the default continues, the body sends notices more “convincing” in which often specify the default interest and fees set out in the loan contract, which range between 5% and 10%.
- After three months of unpaid institutions intensify their actions in order to secure payment of the debt or, alternatively, to negotiate a new payment method to suit customer needs.
- When six months have passed and no agreement on the new form of payment or default persists, the entities come to litigation with the filing of a lawsuit.
What are the consequences of an unpaid debt?
Once financial institutions or those affected by debt have submitted a claim for payment, you move to the embargo on housing or property to which the defaulter may respond to non-payment if it is accepted.
From this moment, the defaulter has the opportunity to submit a payment agreement which shall include court costs, which can prevent the auction of his possessions.
If no agreement is reached occurs auction as the bank or the creditor will obtain payment of the debt, including interest, fees, court costs and other expenses.
What are the most important records of defaulting?
Whether you’re home buyer, seller and if you’re interested in knowing the information about the major defaulters lists used in Europe. Of the 130 largest companies and organizations that develop property records and credit defaults are:
- Registration Approvals default (RAI)
- National Association of Financial Institutions Credit (ASNEF-EQUIFAX)
- Technical Credit (SEIDO)
- Interbank Cooperation Center (ICC)
- Dun and Bradstreet
- Experian Credit Bureau
