On many occasions, an unpaid telephone bill, an unpaid credit card fee in which the debt exceeds 50 euros, are used to enter the Asnef file (National Association of Financial Credit Establishments). Although, also other delinquent files in Spain, such as RAI, Asnef is usually the most consulted by financial or credit institutions when investigating a new client. It can even mean the non-granting of social assistance if one is within one of these files.
Sometimes an error can also cause a person to end up on one of these lists. For this reason, if you plan to request a loan, a mortgage or social assistance, it is advisable to carry out the processes to know if you are within these files. Generally, filling in the questionnaires that are on their web pages are the most agile way to find out if you are on the list or not. The waiting time, yes, is about ten days.
The fastest way is, as it seems logical, paying the debts. To enter, it should be noted that the debt must be greater than 50 euros, at the same time that it is also necessary to have received a notification of non-payment and a notification of entry into the files in case the debt is not paid.
In other words, if the telephone bill has not been paid for a month, but it is paid a few days later when the company notifies the debtor again, the files would not be entered. In the same way, the company must notify the client of the process of inclusion in Asnef -or the list of defaulters that corresponds- due to non-payment.
Thus, if for whatever reason a person has ended up failing to pay and appearing in the aforementioned delinquent file, the fastest way is to pay the debt with the company, plus the interest that may have been derived from it. Once the payment is made, the affected company must notify the file that that person has already paid off their debts and that, therefore, they can and should be removed from the list. Of course, the process is not automatic and the removal of the name from the list may take a few weeks.
On the other hand, the rule requires that, after six years of being in the file, the data is deleted. That is, a person who owes a debt from the year 2015 should no longer appear there. However, this is not entirely the case. Debt collection companies usually buy these files to collect debts plus high interest derived from non-payment of the same. When this is done, time restarts again and the years count down from zero. Thus, in practice, many times the only alternative is to pay the debt to leave Asnef.
If it is understood that the inclusion in the file is an error or that the debt has already been paid, but after time Asnef continues to include the data of that person in the file, then there are two alternatives. The first of these, the most diplomatic and fastest, is to inform the company of what has happened. If it is an error or if the debt has been paid, and the necessary documents are provided to show that it is correct, Asnef will remove the name of the person from the file.
Now, if Asnef does not withdraw the data, the only alternative left is to go to court. By filing a lawsuit, the affected party can appear against the Asnef company or the rest of those mentioned at the beginning of the article to request their exclusion from the file. On many occasions, the Supreme Court has favored clients in its decisions. But, this has a high initial cost for those affected derived from the hiring of a lawyer, attorney and court fees.
Thus, the ways to get out of the delinquent file are to pay the debt, wait 6 years if the recovery companies do not buy the data, notify Asnef or the corresponding company of the error or, finally, resort to legal proceedings .
