List of defaulters how do you know if you are in one?

How to know if I am on the delinquent list

Being on a list of defaulters can have very negative consequences for individuals and companies. The best known, not being able to access a credit or a loan from entities that appear in the records of the National Association of Financial Institutions of United States (Credit Checker), in those of CIRBE or in those of the RAI.

These are lists of clients of financial entities, but also of telecommunications operating firms; from providers of water, electricity or gas services, from publishing companies or insurance companies that offer products and services to users on account or on credit.

The most important reason for being on the list is not paying a debt, a receipt or a fee from these companies on time.

On many occasions, individuals know that they are on a list of defaulters when they go to a bank and it denies them credit or a loan and when they enter the customer's data in their records. There is the circumstance that bank employees cannot provide information on unresolved defaults because they cannot access the information either.

But, becoming part of the list has legal obligations on the part of the entity to which the amount is owed.

Rights of access, rectification, cancellation and opposition

According to Organic Law 5/1992, the entities to which amounts are owed must notify the fact within a period not exceeding 30 days, the legal time in which a reasoned rectification can be proposed or, where appropriate, make the cancellation of debt to avoid becoming delinquent. They are the so-called ARCO rights (Access, Rectification, Cancellation and Opposition).

Access rights refer to that of the user to access data related to the debt and its conditions. The right of rectification assists users in the event that they can demonstrate that the charges or some of the data related to them are incorrect. The person must provide authentic information with which to correct, and, where appropriate, cancel the debt and leave the list that is related to another of the rights, that of cancellation.

The owner of the file, once the accuracy of the claim has been verified, has ten days to confirm in writing that they accept the cancellation or deny it. Finally, the right of opposition refers to the user's ability to request that the entity stop using their data for purposes not provided for by law.

Sometimes, notifications are sent to inaccurate addresses, they arrive at addresses where the owner no longer resides or notifications are lost, and, consequently, the affected person is not duly informed. Misunderstandings about the information handled by the firms that claim the payments are not even rare, and there are even cases in which the debts have already been paid off.

In the case of not being duly informed by any of the aforementioned cases, there is always the possibility of consulting the updated list, the list of defaulters 2019, and checking if it is.

In the national territory, there are three files of defaulters that the experts consider as main. The credit checker signal, but also the CIRBE and the RAI. They are independent defaulter relationships that require the presentation of different types of documents to access their databases that are collected on their web pages.

How to know if I am on the list of defaulters, access to the lists

To access the Credit Checker, personal references are requested such as ID, CIF, current postal address and all documentation that refers to the debt incurred. In the case of CIRBE, all you have to do is fill out a form that can be completed online. As for the RAI, it is enough to provide the CIF and, then, you also have to fill out an application form. These are free and secure procedures that can be delegated with a duly signed authorization.

After sending the requested information on each of the platforms, users can obtain updated information on whether their data is collected in the 2019 list of defaulters, either personally at the addresses of these entities, or by means of a registered letter in their home. This information is presented in the form of a report and includes many relevant facts about the debt.

The report allows you to know the total amount of charges not paid, check if you are the real debtor or the date of the debt, remember that debts can be published up to a limit of six years after verifying that it has not been paid non-payment. It is also possible to know if the owner of the debt was warned of the delinquency with a prior request and if the legal deadlines have been met when picking up the user on the list of defaulters.

The Spanish Tax Agency also maintains a list of tax defaulters that is public and includes individuals and companies that owe the Treasury more than one million dollars. In 2018, there were 4,318 holders of accounts pending due to non-payment to the public treasury on the list of tax defaulters. The list is available on the Tax Agency website by adding the expression 'list of debtors' to the search engine. At the same time, you can find out if you have debts with the Treasury by registering in its website system and authenticating yourself with your electronic ID.

Thus, in view of all this information, what can be done to get out of a delinquency list? The fastest and most obvious way is the payment of the amount owed and recognized. Once the payment has been communicated and after presenting the payment receipts corresponding to the entity that has included the user in the list, the user receives a notification confirming that it is no longer in the file. That easy.

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