Many people are unaware of the existence of a file of defaulters in which any of us can appear reflected by absolutely insignificant debts amounting to only 50 €.
In Hinojosa Abogados we have managed hundreds of cases of clients who have been affected by being included in this file having influenced this circumstance negatively in requests for loans and the like.
But let’s see what this registry consists of and what deadlines there are both to remain in it and to request not to continue being part of it.
Debtors’ file: absolutely relevant information that can profoundly condition us.
And so much so that it can condition us, whether we are affected by being included in it or if we are potential buyers or investors and we want to know the reliability or solvency of the person with whom we plan to do business or seal an agreement.
But let’s go by parts:
What is a file of defaulters?
The National Association of Financial Entities (ASNEF) has a database in which appear all those individuals and legal entities that are in default of payment. The companies that are pending collection communicate the situation and the data of the debtor so that this one appears in this database and it can be consulted and to know that it is someone with pending payments.
What kind of non-payments and what amount could lead to our inclusion in this list?
Although generally the step is not taken for outstanding invoices of less than 50€ in the case of individuals and 300€ if we are talking about companies, really any non-payment can cause us to appear in this list. We are not only talking about non-payment of mortgages, loans, rent, etc. A simple non-payment of a cell phone bill for disagreeing with the company considering that the collection does not proceed can lead us to be immersed in this situation.
How long can my data be in these files?
If we do not pay the outstanding debt, the maximum time to remain included in this list is 6 years.
At the moment we are included, we must be notified that this has happened and since that communication reaches us, we have 30 days to settle our debt, so that if we do so, within 10 days after this happens, our data must be deleted.
How could being on these lists affect me?
Yes, there are many. In addition to the one already mentioned, another of the best known is the RAI (Registro de Aceptaciones Impagadas, or Registry of Unpaid Acceptances), which is more typical of non-payments of promissory notes, accepted bills, checks… and those who usually register these non-payments are the banks, savings banks, credit institutions…
The time of permanence in the RAI list is two and a half years (30 months).
Consult with our professionals of Hinojosa Abogados to avoid that they may be acting abusively, illegally or incorrectly with our data in a file of defaulters to ensure that it does not affect us in any financial transaction or is a reason for mark on our reputation.