Claiming of debtors files
Lawyer specialising in Debt Collection
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When we refer to claims for improper inclusion in debt collection files, we are talking about the regulations that govern the actions of financial institutions when reporting their clients to these registers.
If these financial institutions improperly include people in delinquency files, causing unjustified damage to those affected, there is a right to claim the correction of this situation.
Among the most common cases are erroneous inclusions, reports without valid justification or situations that generate financial or reputational damage for those registered in these files.
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Erroneous inclusion in the Debtors' Register
Claim inclusion in the debtors' file for interest on account maintenance
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Frequently asked questions
Being registered in a debt collection file, for example in Spain in files such as ASNEF or RAI, can have several negative consequences:
Difficulties in accessing credit or loans: Financial institutions usually consult these files before granting credit, loans or mortgages. Being in a file of defaulters can reduce your chances of obtaining financing or increase the unfavourable conditions for obtaining it.
Problems contracting services: Some companies, such as telecommunications or utilities companies, may consult these files before contracting their services. Being on such registers could make it difficult or impossible to contract basic services.
Limitations on certain financial transactions: It may make it difficult to open bank accounts, obtain credit or debit cards, or even affect the contracting of insurance or other financial services.
Affected financial reputation: Being on a debt collection list can affect your credit history and long-term financial reputation, which can have a negative impact on your future financial dealings.
An inclusion in a debt collection file is considered improper in several circumstances:
Lack of prior notification: Before being included in a debt collection file, the responsible entity is obliged to inform you in advance of the inclusion, allowing you to regularise the debt or contest it if you consider it to be erroneous.
Unverified or disputed debts: If the debt claimed is not duly justified or if you dispute it because you do not agree with its existence or amount, the inclusion in the file could be considered undue.
Inclusion for time-barred or already paid debts: If the debt is already time-barred by law or if it has already been paid before inclusion in the file, this inclusion would be undue.
Errors in the reported information: If there are errors in the reported data, such as incorrect information about the debt, dates, amounts, or if the debt belongs to another person, the inclusion could be improper.
Inclusion without consent or legal basis: If you have not expressly authorised the entity to report your information to the file or if the inclusion does not have a valid legal basis, it could be considered improper.
1.-Verify the debt: Confirm that the debt is legitimate and that you are willing to pay it if it is valid. If you disagree with the debt or believe it is wrong, look for evidence to support your position.
2.- Negotiate with the creditor: Try to reach an agreement with the creditor to settle the debt. You can propose a payment plan, negotiate a partial or full payment agreement, or seek refinancing options.
3.- Request rectification or deletion: If you have already paid the debt or you consider that the inclusion in the file is erroneous, ask the entity responsible for the file (such as ASNEF or RAI) to rectify or delete your data. You must send them the documentation that supports your case.
4.- Notifying the file: If you reach a payment agreement or resolve the debt, ask the creditor to notify the debtors’ file of the cancellation of the debt and the removal of your name.
5.- Comply with deadlines: Once a payment agreement has been reached or the debt has been resolved, make sure you meet the agreed deadlines to avoid the debt resuming and being reported again.
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