One of the measures that, at different times, operators can use to try to claim invoices from their customers is the inclusion in a file of defaulters. In addition, we know that it is very easy to enter, but then it is not so easy to leave. Although, if you do not agree, you can always claim as we will see later.
For this reason, we are going to see what we can do when our operator unfairly puts us in a delinquent file. And that, probably, at some point you have not agreed with the mobile or Internet bill that your telephone company has charged you.
How to claim your carrier
It is not the first time, nor will it be the last, that an operator has improperly included a client on the list of delinquents. In any case, if we believe that we have been unfairly involved, we can always make a claim about it.
Although, we must take into account what the Telecommunications User Service Office. More than anything, because many operators, if we do not agree with an operator’s invoice and decide not to pay it, threaten us with including our data in a list of delinquents. Therefore, we must take into account the following:
‘There are no regulations applicable to telecommunications services, this is governed by Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights in its article 20. They can only register us in the file unpaid when the following requirements are met:
- That the data refer to true, overdue and enforceable debts, the existence or amount of which has not been the subject of a claim.
- That the creditor has informed the affected party about the possibility of inclusion in said systems’.
Therefore, if you want to claim, since the previous points have not been given. You can resort to Autocontrol and you only have to access its website to fill in this form. Keep in mind that the mediation carried out by Autocontrol is at no cost to us. And they can claim from the following operators: Movistar, O2, Orange, Jazztel, Amena, Simyo, Vodafone, Lowi, Ono, MásMóvil, Yoigo, Lebara, Llamaya, Happy Móvil and Pepephone.
In which cases can it be requested?
This mediation carried out by Autocontrol is designed for those events that have occurred in the 12 months prior to the submission of the request. In this case, within the points that they list when it comes to seeing which are the cases in which we can claim inclusion in the delinquent file, we find these points:
- ‘The operating company has included your data in a delinquency file (for example, BADEXCUG or ASNEF-Equifax), despite a claim being filed before a competent body (Arbitration Board, SESIAD, or courts and tribunals)’.
- ‘The operating company has included your data in a delinquency file, despite the debt being uncertain or non-existent.’
However, we can also report to the AEPD (Spanish Agency for Data Protection) that the inclusion is not appropriate. So we have several alternatives to claim that we are permanently removed from the delinquent file.
