Solvency files
Lawyer of Services to Individuals in Axarquía
Lawyer specialising in solvency files
The solvency files, also known colloquially as files of defaulters, are instruments used by banks, financial institutions and other types of companies to find out the possibilities of non-payment of the client when applying for a loan or financing a purchase.
We may end up in one of them for various reasons, rightly or wrongly, but the truth is that if we try to obtain financing of any kind from any company or bank, we will most likely be denied for it. Moreover, they don't even have to give us explanations as to why it is refused, or that we appear in this or that solvency file.
If you want to find out if you are in any of these debt collection files, which company has put you there and how you can get out, do not hesitate to contact us. We personally consult the main files that contain this type of data (Experian, Asnef, Cirbe, Registro de Impagos Judiciales...) and we indicate the precise way to act in order to resolve the situation.
While any of us can at any given moment be involved in such a database, it is also true that the companies supplying the data must scrupulously comply with a series of prerequisites in order for the incorporation to be valid. For example, the debt must be certain, liquid, overdue and not in dispute; it must be contemplated in the contract we signed at the time that our data could be included in these files; we must be warned beforehand of the inclusion, be given the opportunity to make allegations...
If any of the requirements were not met, we could be talking about a violation of our right to honour, given that they have published in files that many people can consult that we have problems paying, when this does not have to be the case. It is possible that the non-payment is due to a disagreement about the tariff applied, an error by the bank, a payment that we were not informed about...
In cases where the right to honour is considered to have been violated because the published data is inaccurate or false, which happens more often than one might expect, the courts are unanimous. Compensation for damage to our right to honour cannot be symbolic, as it is a fundamental right, nor can it be so low that it is profitable for companies to provide erroneous data. Thus, we continually see judgments in which people are compensated with amounts of more than 10,000 euros for which an outstanding debt of 200 euros had been reflected.
Remember not to trust everything you read on the web, where stratospheric compensation can be promised for any inclusion in a credit file. Have a lawyer you can trust to advise you realistically and with an eye to the specifics of your situation.
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