How to proceed for the information in CIRBE (Central Credit Register of the Bank of Spain)

The Central Credit Register of the Bank of Spain, CIRBE, is a database of public and confidential, which collects information from direct risks (loans and credits) and indirect (collateral and guarantees) for an amount exceeding 6,000 euros that credit institutions have with their clients. . It consists, for example, the total outstanding amount of all loans that a person has to his name.

Clearly, if the information in this database is incorrect, for example, credits already due and paid and remain part in the database as a risk, the company may have serious damage to its business, as it will be conditioned to apply a credit to a financial institution, regardless of the economic picture that can perceive its commercial creditors to show a higher risk real.

What is the purpose of the CIRBE?

The first thing to know is that the CIRBE is not a record of defaulters. The CIRBE, is an instrument that is useful for banks, when they need to know the debt situation of a client. For example, when a person applies for a loan or credit. It is also a tool that serves the Bank of Spain as a control tool of financial institutions.

How you can harm me?

It may be that your company verify that the Bank of Spain yet published in the Risk Report (CIR / CIRBE), the claims on money risks of loans acquired with various credit institutions, which actually were already canceled and liquidated and therefore should not be appear to be already nonexistent.
Such information is evident that generates serious prejudice to the company in its business, as it represents an economic image of society most at risk for real.

This situation causes damages to the company taking into account that does not represent a true picture of their economic and financial situation which affects their business with other companies, and that also means that lending is difficult in its if, as it appears as debtor entities when such debts are not real.
How to act in these cases?

The company can and should exercise appropriate action so that such data rectified, so that such debts do not appear in the Risk Report of the Bank of Spain.

What extrajudicial and / or judicial action can exercise the company and against whom to avoid such debts appear in the bank's risk report of Spain referred to it? Can also claim damages for such nonexistent debts appear in the bank's risk report of Spain?

In these situations, there are three ways to achieve the proposed objectives, which can be launched simultaneously. It is two administrative proceedings and one court-civil.

1. Complain to the Bank of Spain

First, starting with the option that offers more guarantees and has more feasibility, we start the administrative claim to the Bank of Spain, called "Claim against an entity for non-conformity with the declared to the Central Risk Information".

Any natural or legal person who considers that the data reported in the CIR are inaccurate may bring such claim. The application shall include the data considered wrong and justify precisely the reasons and scope of the request.

That complaint to the Bank of Spain will only be based on the application for rectification Risk Report, but will not earn any compensation for damages.

After the arrival of the claim and its admissibility, the Bank of Spain will transfer to the bank concerned, which must respond within 20 days. The bank may oppose or accept, and if it acquiesces, claims on money disappear risks Risk Report of the Bank of Spain. In principle the Bank of Spain should make an objective judgment of subsistence or no risk for loans, and therefore there are many possibilities to solve the problem administratively direct the Bank of Spain.

2. Complain to the Spanish Data Protection Agency (AEPD)

Second, in the event that the administrative complaint to the Bank of Spain will not yield the expected results, it should resort to the AEPD, which as know the complaint must inform the Bank of Spain and then conduct research to determine whether they have violated Fundamental rights.

Complaints to the Spanish Data Protection Agency may lead to a serious offense and the penalty to the bank can range from 40,001 to 300,000 €.

The complaint to the Spanish Data Protection Agency may be performed simultaneously with the direct claim to the Bank of Spain or first start via the Bank of Spain and subsequently the complaint to the AEPD.

3. Civil action: claim for damages

Third, and finally, there is the possibility of bringing an action for damages in moral damages for trespass in honor of the company through regular procedure in the Court of first instance.

The deadline for exercising such actions of civil protection of the right to honor is four years since the incident no longer appear in the Risk Report of the Bank of Spain, as it is considered a continuous damage over time as recent case law.

For there to feasibility and consider compensation for moral damages and compensation for damages, the fundamental test to make is the documentary that proves the refusal of financing for inclusion in the CIRBE file the Bank of Spain by financial credit institution. And accompany those tests conclusively prove that the damage actually caused as a result of that inclusion in the CIRBE file. If they could not prove the damages actually caused but inclusion in the Risk Report was wrong then just compensation for moral damages would be payable.