Added to a Debtors List, What Can I Do?

You can be added to one of the list containing names of debtors if you have accrued a debt of as little as five euros as there is no minimum limit. Before being added to a list, you should have been sent a bill which resulted in nonpayment. Only when the final payment date has not been honoured, can a debtor be added to a register.

Three of the more common lists are: ASNEF, EXPERIAN and RAI

Before a debtor is added to the list, they should be notified of this eventuality but this is rarely the case. There is no time limit in which the debtor must be notified. Notification is fundamental so the presumed debtor can exercise his her right to cancel or challenge the debt. The companies are supposed to notify of the inclusion within 30 days after added to the list.

Once a debt has been paid, the business should contact the register to advise of no debt. This action is rarely carried out so the debtor should send receipt of payment and ID to the register. The name should be removed but in many cases, it is not.

If you rights have been violated because you cannot obtain information from the register or your name has not been removed or you have been listed for a debt you do not owe, you can take action. You can contact the office for protection of data (AEPD) and put forward your complaint. The AEPD has the power to sanction the register with fines up to 600,000 euros. The person listed will not receive any of this fine and would have to go to the courts for compensation.

Visit the link below to the AEPD website. On the link, click on 4.-“SOLVENCIA PATRIMONIAL “FICHEROS DE MOROSOS” where you will find instructions in Spanish only.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.