Being on a list of defaulters can be a big problem when it comes to being eligible for a credit card or requesting a loan. That is why it is really important that if we are in one of these files we find a way out, either by catching up on our debts or discovering the reason why we have been included.
The most common thing is that we are aware of being included in any file of defaulters, the logical thing is that we have been notified in advance, that our creditors have contacted us to claim their debts with the intention of being able to collect their money. In fact, the Data Protection Law indicates that we must be notified that we are going to be included in one of these databases.
However, in some cases, the defaulter may not have our data correctly or may not have been able to locate us, that is when we may have been included in files and not be aware of it.
We must be more vigilant in case:
Once you have consulted the lists of defaulters, you will know for sure whether or not you are registered in one of them. The time has come for you to find a way to get off the list. Depending on the situation in which you find yourself, you will have to take one path or the other.
If you have overdue debts, the only way out is to pay off the debt. In this way, your creditor will request that you be removed from the list. If this were not the case, you have the right to be the one who requests that your data be removed from the file. Request it by sending your ID and a copy of the payment. This is known as the right of cancellation.
If you do not have overdue debts, it may be an error, so you must make use of your rights of Access, Rectification, Cancellation and Opposition and demand that you be excluded from those files.
Remember that, even if you have an unpaid debt, after six years of being on the list you should stop appearing on it.
Although it is true that the mechanism of the lists of defaulters is very similar, there are different files that have characteristics that differentiate them and make them somewhat different, both in their content and in the way of leaving them.
One of the best-known lists is ASNEF, a file that includes defaulters from banks, insurers, telephone or utility companies, and vulture funds. To be able to leave this list, you must request the Consumer Service by sending all the required data and, of course, attaching the documentation that proves that you have made the payment that canceled the debt.
Another of the most popular lists is Experian, an international technology company that specializes in fraud management and has decision tools and engines, advanced analytics and data. In the same way as in the previous list, the way to get out of it is by writing to the file including information about the correction of the non-payment.
The third of the best-known files is the Registry of Judicial Defaulters. As its name indicates, this file of defaulters includes those people with unpaid debts that are recognized by means of a firm judicial resolution. One of the most common ways to get off this list is through debt renegotiation or cancellation thanks to the Second Chance Law.
In the same way, in the event that your debts are too large and you are not in a position to pay them, whatever the list you are on, you can request protection under the Second Chance Law.
Remember that the Second Chance Law is an administrative process that allows individuals to cancel a part of their debts and that it has various benefits:
