How to dispute being wrongly listed in ASNEF
Being listed in ASNEF without the legal requirements being met can stop you getting loans, mortgages or phone contracts. These are the exact steps to get removed and, where applicable, claim compensation.
Check whether you are listed
Request your report from Equifax (which runs ASNEF) using your right of access. It's free and they must reply within one month. Note which company listed you, the amount and the date.
Check whether the listing is wrongful
Under article 20 of Spain's data protection law (LOPDGDD), the debt must be certain, due and payable, no older than five years, and the creditor must have demanded payment warning you of a possible listing. If any requirement fails (paid, inflated, disputed debt or no prior warning), the listing is unlawful.
Gather evidence
Keep payment receipts, contracts, invoices, previous complaints and any correspondence with the creditor. If you were refused credit because of the listing, keep that proof too.
Request deletion
Send a written deletion request (with proof of delivery) to Equifax and the creditor, explaining why the listing is wrong and attaching your evidence. They have one month to reply.
Complain to the AEPD
If they don't reply or refuse, file a free complaint with the Spanish Data Protection Agency (AEPD), attaching your request and any reply.
Claim compensation
If the listing was unlawful, you can sue the company for violating your right to honour (Organic Law 1/1982). Compensation cannot be symbolic and you have four years from being removed from the register.