The first thing when it comes to claiming the Financial Credit Institutions,
It is first talking about directly claiming that company that or body that included it theoretically motivated but incorrectly in the Financial Credit Institutions, and then claiming the holder of the file to be removed from it if the assumptions for it are given. And how to claim the company that included it in the file and how to claim the Financial Credit Institutions is what we are going to explain below .
If you have incurred default, it is completely lawful for you to be included in the Financial Credit Institutions, or in any other delinquent file. It is lawful, but you must be registered in the corresponding file or files following the scrupulous and strict steps required by law, and unfortunately it is not always the case.
In the event that you are included in the Financial Credit Institutions and the entire formal process has not been followed, you should know that you have every right to claim. And you can do it from a double route, the one granted by the LOPD (Organic Law of Data Protection) before the AEPD (Spanish Agency for Data Protection) that will allow you to obtain a sanction against the breaching company, as by judicial means, where you can demand damages.
The judicial process is slower and more complex, it will not prevent you from being included in the Financial Credit Institutions of not giving the assumptions for it, but you could be compensated in some specific circumstances. However, in the case of the claim before the AEPD, the important sanctions against the non-complying companies are very recurrent. Simply enough, for example, to see the penalty of € 50,000 imposed against a telephone operator for a serious breach of the formal obligations required by law (AEPD resolution to the Action for Replacement No. 304/2014)
How to require the Financial Credit Institutions?
Having said the above, it is then possible to ask how to require the Financial Credit Institutions to act ex officio in those cases in which you have been incorporated into the Financial Credit Institutions incorrectly, the assumptions or forms are given so that you are not included for the reason that gave rise to its inclusion, and the company obliged to notify the withdrawal of its data to the Financial Credit Institutions does not.
In these cases, you should contact Financial Credit Institutions directly so that they, after verifying that the data included incorrectly are removed, proceed to cancel them.
A first basic recommendation for you to know how to require the Financial Credit Institutions to act ex officio is that you first address this holder of the delinquent file demanding access to your data (based on the ARCO rights that assist you), and a Once the data that is required to cancel ex officio have been verified, it requires the cancellation of the same, providing all the evidence that you have available that demonstrate the incorrect inclusion in the file of that data.