There are many ways of defense, those abuses are well controlled and stopped by Courts at present:
Read:
For a creditor to be allowed to communicate a debt to a Debtor Registry, the following requirements must be met:
Debt is certain, overdue and enforceable. No minimum amount is required.
Debt is not older than six years. After this period, the data must be removed from the file, even if the debt has not been satisfied.
Debt has been claimed for payment to the debtor.
During the following 30 days after the inclusion of the debt in the Registry, the creditor must notify you of the registered data and inform you of the opportunity to exercise your rights of access, rectification, cancellation and opposition. Moreover, if you requested it, the Registry must inform you on existing data, evaluations and assessments reported during the last six months, indicating the name and address of the person or entity to which the data have been revealed.
The entry in the Registry should always reflect the real and exact situation of the debt, so that if the debt is being partially paid, must contain only the remaining amount. In any case, it is forbidden to keep registered a debt already paid, even as former debtor or 0 balance.
What if I have been illegally included?
You need to start by checking if the debt has been included fulfilling all requirements explained above. Failure o f said requirements allow you to ask for the cancellation of data until the deficiencies are remedied.
If the debt has been included in the file complying with legal requirements, there are other ways to cancellation:
Pay off debt to the creditor.
Demonstrate that the debt does not exist.
Wait for six years to pass since debt birth
Once you justify any of these circumstances to the creditor, this has a period of one week to communicate this to the Debt Registry for your records to be deleted.
If, after this period, data is not cancelled, you need to contact the Debtors Registry and show to them that the debt has been paid or is nonexistent. After ten days, if you do not receive a proper answer, you can file a complaint with the Spanish Data Protection Agency (AEPD), attaching:
(1) a copy of your ID,
(2) a copy of the letter by which you requested your removal from the Registry and
(3) documentation evidencing the payment or non-existence of the debt.
After the appropriate administrative procedure if registration is improper, the AEPD will order the data to be canceled. It is also possible that disciplinary proceedings against the entity in breach of its obligations will open, which is an important element of coercion for companies to comply with Law.
Can I be compensated? Of course you can!
The inclusion of a debt in a Debt Registry without fulfilling all the requirements or the failure to cancel the records once debt is paid is sufficient cause to seek compensation for the damages that the failure may have caused.
Way ahead is a civil action against both entities: creditor and debt registry based on basically two Law bases:
-Lesion of the right to honor
-Tort liability, if they had caused damages of patrimonial nature
Can I also claim moral damages?
Yes, you can. Spain Case Law is positively oriented to cover the compensation of moral damages since improper inclusion of a person in these registries implies a “mental pain or suffering" (SSTS May 22, 1995, October 19, 1996 and September 24 1999).
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