Have you been improperly included in a debtor's list? You have the right to be compensated

The debtor’s list is a file of open records to collect unpaid debts from both individuals and companies. The files indicate and identify those who are qualified as delinquent in relation to certain debts.

Why is it harmful to appear in the debtor's list?

First and foremost, appearing on a list like this directly affects the morality and dignity of a person as it is of course unpleasant to be publicly classified as delinquent, especially if the debt to which the file refers to is not true or inaccurate.

In addition, from a material or economic point of view, appearing in these files may affect a person when attempting to apply for any credit, product or service, since, before being approved, financial institutions check whether the data of the person requesting a loan is included or not in a debtor's list. Even telephone and utility companies consult the solvency of the interested party  via this list before approving commercial operations.

This raises an important question from a legal point of view:

What happens if the debt is actually non-existent, if the published data is not true or if the company has not followed the legal requirements? How is our right to honour protected for those who are improperly included in a debtor’s list protected?

Article 18 of the Spanish Constitution establishes "the right to honour, personal and family privacy, and one's own image is guaranteed” which is done through the Organic Law 1/1982, of May 5, for civil protection of the right to honour, personal and family privacy and self-image.

There are many cases in which people are included in debtor's lists based on an erroneous, uncertain or disputed debt. Other times they are included without having respected the required legal procedure. In these cases, there is a violation of the aforementioned right to honour and compensation can be owed for the reputational, moral and patrimonial damage caused to the person affected.

How much compensation am I owed if my rights have been violated?

The Supreme Court has been clear in considering the improper inclusion of data in debtor’s lists an illegitimate interference in our right to honour and has established a minimum compensation of at least 2,000 euros.

Starting from this minimum assessment, to determine the specific amount, the amount of time one that has been included as a delinquent in the file, the number of companies that have consulted the file and the inconvenience and anguish produced by the process must be taken into account. The courts will also consider the complications and process the affected party has had to follow to achieve the rectification or cancellation of the incorrectly processed data.

Although the compensation must be calculated based on the damages and losses caused in each particular case, a fair example would be to request compensation 5,000 euros if a person was included in a debtor’s list for a non-existent debt for a period of two years and it is clear that said file has been consulted on numerous occasions by various companies.

Nieto Jones will help you get your compensation.

Leave it to us to get you compensated for the illegitimate interference of your right to honour. Contact us via email at contact@nietojones.com.