DO I HAVE THE RIGHT TO COMPENSATION IF I AM INCLUDED IN A LIST OF DERREATERS?
31/05/2023
On repeated occasions, the Supreme Court has considered that the inclusion of clients in "default lists" constitutes a violation of their right to honor.
Registering debtors in delinquent files is a frequent form of pressure from credit companies. It is a way of warning other entities of the patrimonial insolvency of some people, so that they can decide to refrain from providing their services.
The problem is that, as is logical, clients do not usually give their consent for their data to become part of these files, and it may also happen that we are registered in this type of record due to an erroneous, uncertain or disputed debt, or sometimes also without having respected the required legal procedure, all of these cases in which our right to honor would have been violated and a claim would be possible and demand compensation for this reputational damage and in addition to the economic damage that may have occurred.
The jurisprudence of the Supreme Court addresses two factors: it is necessary that the disputed debt has not been recognized by the owner of the data, and that the matter has been placed in the hands of the courts.
In addition, it distinguishes between the asset solvency files in private hands and the Risk Information Center of the Bank of Spain (CIRBE).
The CIRBE is a public service managed by the Bank of Spain. Entities have the obligation, by virtue of article 60.21 of Law 44/2022, of November 22, to send the CIRBE the necessary data to identify people whose financial situation poses a risk to establish contracts.
In the case of private defaulter files, companies are not obliged to transfer customer data, but rather do so voluntarily and without their consent.
