If you leave the debt without paying back, overdue information will continue to appear on the blacklist (credit information) .
If you are on the blacklist, you’ll fall almost 100% when making a contract like this:
However, if your debt is already statute, you can legally remove arrears from your blacklist.
A way to put out the arrears information is to use the extinct statute of limitations declaring to the creditor (lender) that “My debt has finished its statute and I have no intention to repay it.”
If you use the statute of limitations, there is no obligation to repay the debt and you can delete the accident information from the blacklist. If you have a debt that has passed the statute, please do so by all means.
This time, we will introduce a method of using the prescription to erase debt accident information from the blacklist.
Consultation of debt-based prescription aid to Avance Legal Office
table of contents
When you use a card loan, mortgage, credit card, etc., the credit information agency records the information of the contractor.
The repayment situation is also recorded, and if debts are delinquent for a long time, they will be recorded for a long time as accident information.
All information has a holding period, but if you keep your debt down, accident information will stay on for the duration of your arrears.
Accident information is classified into four of “advancement / delay”, “debt consolidation”, “substitution repayment” and “forced termination” .
It has not been repaid even after the period since the scheduled repayment date.
Delay of payment more than 61 days or more than 3 months from repayment date.
In cases where it is not possible to repay debts, such as voluntary reorganization, personal renewal, personal bankruptcy, specific mediation, etc. and when overpayment is required.
When the principal is unable to repay, he / she receives a repayment from a guarantor or a joint guarantor instead based on the guarantee contract.
When your credit repayment was lost and your card was canceled because your repayment ability was not recognized.
If such information is provided to a credit information agency from consumer credit, card companies, etc., it will be displayed as a change in the repayment status column of the credit disclosure report.
This situation is called a so-called blacklist .
Japan has three credit information agencies: CIC, JICC, and KSC .
Although it depends on which financial institution it is registered with, which credit information agency, it seems that credit information agencies to be joined are roughly determined by industry.
And blacklists will be held under contract and for 5 years after the contract and any information on debt arrears and delays will be kept as long as they are not repaid (in the case of CIC, from the date of arrears cancellation) 1 year) .
Please refer to each credit information agency, because we have summarized the holding period of accident information.
|Credit information agency||Member store industry||Holding period of accident information|
||Described during the term of the contract and for 5 years after the end of the contract
The contents of the description are information on payment status (reporting date, amount of remaining bonds, amount billed, deposit amount, deposit history) or change (past due, guaranteed performance, bankruptcy), date of change, date of overdue, date of termination, etc.
|Zenginkyo (KSC)||All financial institutions in Japan||
By the way, each information agency shares information held by each other.
In other words, accident information posted in CIC can also be viewed by financial institutions registered with JICC and KSC.
If at least one blacklist is listed, it will affect the screening of any loan.
Credit information agencies include not only card loan companies and banks, but also credit card companies and mobile phone operators.
In other words, even if you don’t borrow money from a financial institution, if you defer the monthly fee for your smartphone or if the withdrawal of a credit card is delayed, it will be recorded in a credit information agency.
And these, like debt arrears, do not disappear from the blacklist during arrears.
The problem is that many people do not know this fact.
If you think that you are fine because you are not borrowing money from anywhere, you may be affected by the overpayment of the credit card and smartphone charges at unexpected times.
Here are some examples of credit card delinquencies affecting later loan contracts.
I applied for a mortgage loan to Sakai Bank, but in the past there was some overdue and I did not pass the examination.
After disclosing information to a credit information agency, there was a debt that could not be repaid after decades of forced termination of the credit card.
Although I immediately paid back, “deferral” information was held for one year, and I was forced to forgo home purchases.
Please check the credit information once if you have been past due in the past or if you have been forced to cancel due to nonpayment.
The accident information may still be listed.
You can not delete the blacklist as long as you are in debt.
Some people say, “I have been late for a long time debt … I can not repay in full immediately.”
Such person, first, let’s request information disclosure to the credit information agency.
If the credit information says “Modification” and the debt is quite old, you may be able to remove it from the blacklist.
If there is more than 5 years of debt indebtedness, there is a high possibility that you can use the prescription, so please try to practice the method of the prescription that will be introduced.
There is a limitation on debt.
It depends on the contents of the debt, but it often becomes a prescription if five years have passed since the last repayment date (Because there is also a 10-year prescription period, be sure to check) .
However, just because it reaches the date of detention does not mean that the obligation to repay debts will automatically disappear.
By making a statement to the contractor who has made the money, “Debt has become stipulated and will not be repaid anymore,” the obligation to repay is eliminated.
And, it is called the use of aging to show intention in this way.
Please refer to this article for more details on the use of prescriptions.
Debt Aging Method! Comment on the conditions for establishing the statute, the notification method, and the cost of supporting the extinct statute of limitations
The only way to invoke a prescription is to send a prescription aid notice to a creditor.
Debt obligation will not be required to repay the debt when notification of acceptance of prescription arrives at the creditor. (If notification of transmission of prescription aid is sent, no one can use prescription, but there is a condition for the application of prescription.) .
There is one point I would like to keep in mind when creating the Prescription Callout.
It is to write that it asks for the procedure to delete the arrears information listed in the credit information agency in the prescription assistance notification letter.
We will post a sample of the Notice of Prescription, so please refer to it.
Although you have requested me to return a loan with the content described below, the day after the final repayment date will be stated for the debt that I have borrowed from you. More than five years have already passed since), and aging has been completed.
Contract number: 000 000-000-000 000 Borrower Name: 000 000 (phonetic)
Date of birth: October 0, 1940 Address: Kanagawa Prefecture 00 City 0000 Initial borrowing amount: ¥ 100,000
Therefore, I will notify you that I will use the written deduction for the above-mentioned loan claims with this notice.
We would like to request that, upon receipt of this document, you promptly notify the Credit Information Agency and delete the registered accident information.
If you write in the red, most cases will correspond and the accident information should disappear from the blacklist.
In the absence of this sentence, it may seem that some creditors may not update information due to differences in debt recognition , so removal from the blacklist is particularly important when the purpose is to apply for prejudice.
It is thought that the obligation to pay legally disappears by the incorporation of the prescription, but the debt itself remains as a natural debt (a debt that can not be forcibly recovered by filing a court etc.). There are creditors who can not erase overdue information by this way of thinking, and there are also cases where they have been tried before.
Will the accident information disappear from the blacklist as soon as the creditor receives the prescription assistance notification?
The answer is NO.
The table below shows, by credit information agency, how accident information changes and when it completely disappears from the blacklist after the application of the limitation.
|Contents of change||It is displayed as contract termination or bad debt .
* Depending on the creditor, the term to be registered as “contract termination” or “credit default” (as an uncollectible credit) differs.
※ Debt means that loans and other receivables can not be collected for reasons such as bankruptcy, resulting in losses. Or say the amount of the loss.
Repayment status remains as change information.
|Timing to disappear||Disappears at the end of the contract (or bad debt).
However, the transfer information remains as it is, and disappears from the blacklist five years after the application of the prescription.
|Contents of change||Information is provided by the creditor and the transfer information disappears.
One year after the introduction of the prescription “during the delay” for four years, “full payment” for four years, will be deleted every file after five years.
|Timing to disappear||Personal credit information based on the Money Lending Business Act updates information from the time the information is changed to the next day.
※ About credit card, although information is updated once a month in principle, the timing is different depending on the member members.
The information disappears after five years, but the information indicating that there was a delinquency disappears in one year.
|Contents of change||It is described as overdue settlement by the provision of information from the creditor.|
|Timing to disappear||It is described that “the delinquency cancellation” will be done for 5 years after induction of the prescription.
Since the completion category is “completion”, it is not known from the credit information whether the prescription is used or lump sum payment is made.
It disappears from the blacklist after 5 years after using the prescription.
※ We know that there were past due in the past for five years.
In this way, it is possible to fall into each loan examination for up to 5 years, even if the prescription is used.
However, you may not be able to live a contract that requires examination without using the prescription.
It may not be necessary to think which one is more advantageous.
By sending a letter of prescription to a creditor, he introduced that the prescription can be used.
However, when a dunning notice has been received from a debt collection company (servicer), be careful.
Debt collectors are companies that specialize in debt collection and transfer claims from the original lender (the original creditor) to claim the debt to the debtor.
Debt collection fraud by false creditors seems to be widespread recently, but if the original lender has received a “debt transfer notice” from the original lender before the debit clerk comes from the debt collector, it is a real dunning letter You may judge that there is.
Of course, even if a dunning letter arrives from a debt collection company, the prescription can be used, but if the debt collection company is the other party, the debt may be approved and it may not be possible to use the prescription.
Furthermore, since the debt collector does not belong to any credit information agency, there is no point in asking the debt collector to delete the accident information.
If you have received a dunning letter from a debt collection company, we recommend that you consult with a lawyer or judicial scrivener without contacting the debt collection company at your own discretion.
Indicate to the creditor that he / she is willing to repay the debt. If you do the act of approving a debt, you lose the right to invoke the prescription, so be careful.
Debt collectors are professionals who specialize in the recovery of debt (debt) literally.
Below is a part of the title of the document received from the debt collection company.
It will also arrive in various other ways.
Debt collectors are those that are authorized by the Ministry of Justice to manage and recover specified monetary claims as an exception to the Attorney Act ( about the National Servicer Association ).
Even if a claim is overdue, such notification can be received because it can extend the debt collection opportunity if it is possible to reset the in-age period by obtaining a “judicial claim” or “approval of debt”. .
|Court claims||Creditors conduct lawsuits and payment reminders through the courts.
As a result, when the court’s decision is made, the debt prescription will be extended to 10 years from the date of the decision and forced enforcement (such as property seizure) will be performed.
Once the debt has been approved as in the example above, the statute of limitations will be reset and repayment obligations will continue.
Some debt collectors may have already filed a court proceeding.
If documents are received from the court, if you do not take any action within 2 weeks, a judgment will be taken and enforcement of debt will be extended for 10 years.
In addition, it may be stated that “Please contact us” “We will not charge delayed losses. Please repay only the principal amount.” It is also possible that a part of the debt money transfer form is enclosed.
Even in such a case, you do not act by yourself, but first of all, it is necessary to check whether the debt aging period has passed.
Although confirmation of transaction history disclosure is made to the original lender (original creditor) if confirmation of the expiration period has passed, it becomes information that has already been transferred, so long as the original creditor does not respond in good faith not.
It is recommended to ask a lawyer and a judicial scrivener to certainly use the prescription and remove it from the blacklist.
In order to delete pre-age and credit information agency (blacklist) accident information, you must:
It is very difficult to proceed with the procedure without making any mistakes.
Although it will be charged, it is better to ask a lawyer or judicial scrivener who is a legal professional.
If you ask a lawyer or judicial scrivener formally, a proxy will be generated and a notification of acceptance will be sent to the creditor (if you ask an administrative scrivener, you can only make documents) .
At that time, you will not be billed directly by the creditor.
The table below shows the cost price and the scope of work that can be substituted for a lawyer, judicial scrivener, or administrative scrivener.
|Business scope||lawyer||Judicial scrivener||Administrative scrivener|
|Creation of content certification mail||Moth||Moth||Moth|
|Out of court representation||Moth
※ The remaining money of one company can correspond any amount
※ The remaining principal of one company is limited to less than 1.4 million yen
|Court of attorney||Moth
※ You can substitute for personal bankruptcy and personal renewal
※ We limit to summary court
|Preparation of court submissions||Moth||Moth
※ Self-bankruptcy, personal reproduction is only possible document making
|Expense market||30,000-80,000 yen ※ The amount of money varies depending on the content and lawyer to request||※ One company 30,000-40,000 yen ※ If two companies or more, one company 20,000-30,000||1 to 20,000 yen|
The costs for the inclusion of prescriptions are not very high.
Let the law pros make it a success.
If a debt is overdue, accident information will appear on the blacklist unless it is paid off.
It was also found that debts do not naturally disappear from the blacklist even after the prescription period.
However, the debt can be removed from the blacklist by using the limitation when it has passed.
Due to a long-standing debt, some people may fall into a mortgage review or they will never have a credit card and will not be able to get a loan for their business.
Although accident information does not immediately disappear from the blacklist just because it uses the limitation, it is a wise choice to use the limitation in consideration of the future.
However, even if the debt period has passed, it is feared that the debt period will be reset if the debt collection company (servicer) urges you to use postcards or documents to contact you and approve the debt.
If you think your debt is clearly in the limit, consult a lawyer, a judicial scrivener, an administrative scrivener, and other specialists, and carefully and carefully call on the limit and have the accident information removed from the blacklist.
Avance legal office recommends the consultation of the prescription assistance.
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