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Exit defaulter files

If you are included in a file of defaulters due to debts on credits, loans, revolving credit cards and/or online microcredits, you should know all the options to get out of it.

And the thing is, the majority of people who end up on a list of defaulters do not know that they are part of it until they request a financial product from the bank or entity and it is denied. However, from the law firm specialized in late payment we inform you that there is a solution..

What is a defaulter file?

A defaulter file, also known as defaulter lists, is a tool used by credit institutions to collect information about non-payments.

These data files, accessible to various associated entities, include both natural and legal persons. Companies go to the files of defaulters to register all those people who are not paying them. Entering a file of defaulters brings with it the problem of not having access to bank financing, such as a mortgage, loan, credit or revolving credit card. Most financial entities use the files so that other entities can know the solvency of the person who comes to contract a financial product.

How to get out of a defaulter file?

Exit the file of defaulters after claiming an abusive loan: On many occasions, the inclusion in one of the defaulter files is due to credit debts such as revolving cards or microcredits. These financial products have become one of the main reasons for debt among Spanish families. But it has a solution. If you decide to claim, you will be able to recover the money paid in excess in interest, terminate the contract, eliminate the debt and get out of the delinquency file. At MEJORATUDEUDA we are expert lawyers in this type of claims and more and more people are contacting and complaining. Furthermore, currently, the law prevents the debt from being recorded in the file if it is being claimed through administrative, judicial or through an alternative binding procedure, such as consumer arbitration.
Exit the defaulters file after paying the outstanding debt: Another way to get out of a defaulter's file is to pay, and credit the file with justification for the payment made. When making the payment, the affected party must request the defaulters file to delete their data.
Exit the defaulter file using the previous General Data Protection Regulation (RGPD) LOPD: You can benefit from the RGPD and exercise the right of cancellation or rectification if the steps established in the Organic Law on Data Protection have not been followed when including a natural or legal person in the file of defaulters.
Wait 6 years for the record to clear itself: The maximum time is 6 years from inclusion and the defaulter files are obliged to delete your data, as long as there are no other current and more recent debts. However, we do not advise this on the platform, since, even if you are no longer part of the file, the debt is still valid since the bank or service company that claims the debt can continue to do so through other means.

1- Exit the defaulters file permanently:

To exit a file permanently, one of these situations must occur:
1. That the debt incurred be returned by making a payment and, therefore, you can ask to leave the list
2. That the debt incurred is proven incorrect
3. That the debt incurred is proven abusive by a judge and therefore the inclusion should never be made: it happens in many cases where the client has been included in the file for a revolving credit card debt or microcredits that apply APRs considered usury by the Supreme Court

2- Exit the defaulters file temporarily

Leaving a default file temporarily can be done using different methods. When does it make sense to temporarily exit the defaulters file? For example, if we want to buy a house, but for a debt that we consider unfair we have been included in the Asnef, the bank would not grant that credit. In these cases, there are different methods depending on your situation to stop temporarily or precautionarily leaving the file and for the bank to grant you that credit since you would not appear on delinquency lists.

3- Exit the defaulters file temporarily and later definitively

If you have been included in the defaulter file for a debt with an abusive credit or card, it must be demonstrated before a judge that you should never have been included. In these cases, when starting the case through judicial means, it can be requested that the affected person stop being included on a precautionary or temporary basis until the case is resolved. As soon as it is resolved, if it is favorable to the client, it will be definitively issued by judicial resolution.

What are the main delinquency lists?

Currently there are three official and CIRBE registries. Each one has its own records and processes that allow consulting people who are included in a list of defaulters as a result of non-payment of their debts.
1- ASNEF EQUIFAX managed by the company ASNEF- Equifax Solvency and Credit Information Services, SL
It is the main and best known of all. The National Association of Credit Financial Establishments, formerly the National Association of Financing Entities, is a file that contains data on debts where entities consult and provide information to inform economic agents of the solvency of people.
2- Registry of Unpaid Acceptances or RAI that is privately owned
It corresponds to the acronym for Registry of Unpaid Acceptances. This file is a registry of defaulters or a file of non-compliance with monetary obligations, maintained by the Interbank Cooperation Center (CCI).
3- BADEXCUG, managed by Experian Bureau de Crédito SA
This file is known as Experian on financial solvency and credit. It obtains its data thanks to the more than 232 entities that participate in it. The main criterion among its participants is strict reciprocity. This means that only the entities that contribute data to the file are the ones who can consult it.
4- CIRBE or CIR
Its name comes from the abbreviation of Risk Information Center, the information it contains is about loans, guarantees or endorsements. It is a database that collects information on loans, credits, guarantees and guarantees that each credit institution maintains with its clients.

How do I know if I am in the defaulter files?

Given the possibility of not being informed, there is the option of periodically reviewing whether or not you have entered one of these lists by requesting access to the defaulter databases.
First of all, If you have applied for a credit or loan and have been denied, they have probably sent you an inclusion letter with a reference number. In that case, you can access the web page of the corresponding debtors file. Each of them will ask us for a series of documentation to be able to access their databases and check if we are part of them:
ASNEF: They request personal data such as the DNI or NIF, the postal address, and the documentation related to the debt, which we must claim from the collection company.
CIRBE: You can access CIRBE with your ID and by filling out a form.
RAI: To know if you are on a RAI list, the CIF is enough and completing a web application form will be enough.
Why am I included in a file of defaulters?
If you have been included in a file of defaulters, in most cases, it is because some company or entity that participates in the file has included you for failing to make a payment.
The companies and entities that participate in the delinquency list and enter the debt in the file usually come from sectors such as mobile telephony, banking, credit cooperatives, finance, renting entities, insurance or securities and stock exchange agencies. , among other.
On many occasions, people included in a file of defaulters do not know why they are part of it and they discover it when they apply for a credit, loan or financing and are rejected based on their questionable solvency.
The Law imposes the obligation on the company or entity that registers the debt to notify it within a period of 30 days. However, if you have never received the notification, you have probably been notified but, for different reasons (absence at home, change of address), you have not received it.
Mostly, The reasons why you can be part of the delinquency file are:
- You are not aware of having an outstanding debt. There is simply a charge that for some reason was not paid and they want to solve it, but there is no economic problem.
- You don't know the amount you should return
- You know you have that outstanding debt but you can't pay it

Loans with defaulters file

Banks did not accept loan applications from people included in defaulter files because they were considered people at high risk of default. However, today there are numerous entities that offer loans and credits, and it is possible to request them while being in the defaulter file.

At MEJORATUDEUDA we advise against its use and inform you that there is a better solution.

Normally, entities that allow people who are included in the list of defaulters to request credits and loans, market a type of financing that sometimes has abusive interests.

Necessity causes many people to end up in a spiral of unaffordable debt, and they end up paying double what was requested and for years. If you still need a quick loan or credit because your personal situation is urgent, you should first consult with MEJORATUDEUDA so that we can help you make the best decision, since when this situation arrives, it is very likely that you will turn to an online loan that will only generate more debt. Turning to quick loans online without paperwork can be a trap that is difficult to get out of.

Furthermore, there is another solution.

Exit the file of defaulters after claiming the debt or outstanding credits

Those affected, after claiming the debt or outstanding credits, manage to leave the file of defaulters. These outstanding debts, caused by abusive financial products, can be claimed for usury or lack of transparency. The latest Supreme Court ruling declared that an interest greater than 24% APR is considered usury, therefore the contract is void.

If you have been included for a revolving credit card, microcredit, personal loan or similar, without a doubt the best option is to claim the revolving and microcredit cards.

Debtors file lawyer: how we can help you

If you want to speak with an expert lawyer at ASNEF, we can help you:

Exit the defaulter file
Cancel the debt
Recover all overpaid amounts in abusive interest
Free, no-obligation advice
Claim the entity