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The first thing to know about debt collection files is that they are automated information systems through which all types of unpaid debts are registered, whether they are owed by individuals or legal entities.
In this way, any company or entity associated with any of the available files (EQUIFAX, RAI, ASNEF, BADEXCUG...) you can enter the details of any person (natural or legal) and check whether there are any outstanding debts owed by that person.
The importance of not appearing in debt collection files is very important. When our data, or that of our companyThe fact that they are included in them automatically complicates the obtaining loans or any other financial productdealing with suppliers or entities, etc.
The process of consulting a debt collection file can be tedious and sometimes complicated.
Aware of this, in Honoralia we put at your disposal a highly qualified group of lawyers with extensive knowledge of the LOPDGDD (Organic Law on Data Protection and Guarantee of Digital Rights) and more than 15 years of experience in consultancy and legal advice in the field of new technologies.
As we have already explained in the previous point, it is important to know if we have been included in a debt collection file in order to find out if we have any active and unpaid debts that make us appear in any of the available files.
Also, as we always warn, the consultation of certain files, as well as the preparation of the documentation to be provided in view of such consultation and a hypothetical disappearance, can be, for most citizens, a complex process if the whole process is not perfectly known.
At Honoralia we offer you our services to exercise your right of access, recognised in article 13 of the current Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD); in order to find out whether or not you appear on the ASNEF list, as well as, if you appear, to find out the type of debt you have, with whom you have it, and all the necessary information to be able to remove your data from the delinquency files.
Inclusion in debt collection files is not always backed by the existence of a real and enforceable debt. In fact, on many occasions, many citizens are included in these files due to administrative errors or the mistaken registration of non-existent or already collected debts.
When a person (natural or legal) is mentioned in a debt collection file, it means that there are annotations of non-payment or allegedly unpaid debts against that person.
After verifying, through the exercise of the right of access, that your data are included in a file of debtors, there are several ways to make them disappear:
At Honoralia we put at your disposal a multidisciplinary team of professionals in law, communication and new technologies, to help you both to check if your data are in debt collection files and to get out of them.
Nowadays, in the social information plan, there are a multitude of files and lists of debtors. However, the most important files today are: EXPERIAN, BADEXCUG, RAI, ASNEF, EQUIFAX and FIJ (Fichero de Incidencias Judiciales). Also often included in this list are the CIRBE (Central de Información de Riesgos del Banco de España), although it is not, strictly speaking, a file of defaulters.
All the information handled by the aforementioned files comes mainly from all types of companies and/or enterprises, such as financial and credit institutions, service entities, insurance companies, etc. In the case of the FIJ, the information included therein comes from debts or non-payments derived from legal proceedings and/or debts with public bodies of all kinds (Social Security, Tax Authorities, General Directorate of Traffic, etc.).
At Honoralia we are experts in the management and processing of claims before the companies and/or entities that manage each of the aforementioned files. With our help, you will be able to check the status of your debts and whether there are entries in your name in any of the aforementioned files. We will also take care of removing you from the files in which you have been included.
The first thing to bear in mind is that entries in debt collection files cannot remain active indefinitely. At present, the maximum legally established period is 5 or 6 years (depending on several factors).
However, it is common practice for many companies to sell data packages of defaulters whose entries are about to expire. In this way, the company acquiring such packages can re-register the debt by restarting the term. In this way, the annotations are maintained practically indefinitely.
In this sense, the law requires the creditor to give prior notice to the debtor of the fact that he is going to communicate his data to a specific file so that his status as a defaulter appears in that file. Unfortunately, however, this legal requirement is often not complied with correctly.
As a result, thousands and thousands of people and/or companies are currently unaware of the fact that they are listed as delinquent in one or more files.
At Honoralia we can help you to find out about any debtors' records that may affect you and we can help you to cancel all types of information from debtors' files.