The fact that a debt is claimed that one does not have or that has already been paid can be very annoying, especially when contacts are made by the claiming company, even threatening to take legal measures if the claim is not made. pay.
If a company in Spain becomes very insistent, to the point of bordering on harassment, especially when it is a debt collection company, it is advisable to act immediately. The first of all is verify that the debt does not exist or that it has been paid. To do this, you can review all the documentation you may have saved, such as contracts, bank receipts, invoices…
Once you are sure that the debt no longer exists or never existed, you will have to contact the creditorrequesting documentation that proves the existence of an outstanding debt with them. It must be clear that it is the creditor who must prove the existence of that alleged debt, but if you have documentation that proves that it has already been settled or that you have not had any contractual relationship with him, you can also provide it from the first moment. .
Before explaining how to report the situation, it is worth remembering that Debts expire five years after maturity.although if a judicial procedure has been initiated, the period may be extended. In this way, once that period of time has passed, the debt will be declared as prescribed. In any case, you have to have some patience in these cases, since it is a process that can take longer than desirable.
How to report a non-existent debt claim
If it is the case that They ask you for a doubt that you have not contractedwhether by mistake, or because fraud has occurred, such as identity theft, among others, must be file a complaint with the State Security Forces and Bodies for alleged fraud in contracting. To do this, you can go to the Civil Guard or National Police stations.
You can then make the request for the deletion or rectification of your personal datafor which you will have to send a writing accompanied by a copy of the complaint to the person responsible for the treatment of the entity that is making said claim.
The right of rectification or deletion is considered very personal, so it is the owner of the data who must personally address the entity, using any means that allows him to prove that the document has been sent and collected, such as a certified mail, burofax…, thus being able to exercise their rights.
In this case, it is not necessary to attach a copy of the national identity document (DNI), although, if the person responsible has any type of doubt about the identity of the person who is trying to exercise these rights, they may request a copy of a valid document that can identify you. If the application is submitted using an identifying electronic signature, it will be considered accredited.
If no response is received within one month, or it is not satisfactory, there is the possibility of complain to the Spanish Data Protection Agency (AEPD)to whom all the corresponding documentation must be sent proving that the deletion of the data has been previously requested from the corresponding entity.
#claim #debt #dont
