Why being on a debtor register matters
You are refused a mortgage, a loan, a credit card or even an electricity or phone contract, and nobody tells you why. Very often the reason is an entry on a credit default register, such as ASNEF-Equifax or Experian Badexcom, for a debt you did not know about, disputed or have already paid.
This also happens to people who no longer live in Spain: an old phone contract or utility bill left behind after moving abroad can end up on one of these registers. We handle it remotely and in English, wherever you are.
Being on one of these registers is not a penalty, but in practice it closes doors. And the law sets very specific conditions for listing you, which are not always met.
What the law requires to list you
Article 20 of the Spanish Data Protection Act (LOPDGDD) sets out these requirements, among others:
- The debt must be certain, due and payable. If you disputed it beforehand through administrative or court proceedings, or a binding dispute resolution procedure, it should not be listed.
- The creditor must have asked you for payment and told you that you could be listed on the register, either in the contract or when claiming the debt.
- The data can only be kept while the debt remains unpaid, with a maximum of five years from the date the debt fell due.
If any of these requirements is not met, the listing is unlawful and you can ask for it to be erased.
How we do it
- We exercise your right of access, which is free, to find out which registers you are on, who listed you, for what amount and since when.
- We review the documents: contract, invoices, notifications and any proof of payment or earlier complaint.
- We request erasure from the register and the creditor when the debt is paid, has exceeded the five-year maximum, was disputed or there was no prior request for payment.
- If they do not reply or refuse, we file a complaint with the Spanish Data Protection Agency (AEPD).
- If the case requires it, we take it to court with a law firm we work with, including a claim for compensation for the harm the unlawful listing has caused you.
Before anything else
Ask for receipts for any payment you have made and keep any complaint letters or emails. Many cases are resolved with that alone, without going to the Agency.
When there is not much to be done
If the debt exists, is yours, was properly claimed and is still unpaid, the listing is lawful. In that case we will not sell you a solution that does not exist: the most useful thing is to negotiate payment with the creditor and, once paid, ask to be removed.
To have your case reviewed with no obligation, request the free analysis. And if you believe the listing has caused you serious harm, see our legal action page.