Reporting without notice to the Credit Bureau
A key issue in Credit Bureau cases is the absence of notice before arrears are reported. If you only learned that you had been reported for arrears when a bank refused your application, it is necessary to check whether the reporting institution followed the procedure.
The service is intended for persons reported negatively by a bank, IFN or debt recovery company where there is a suspicion that the notification has not been transmitted, has not reached the customer, has been submitted too late or cannot be proven by the institution.
Why notification is important
Reporting of a default should not be regarded as a mere automatic act. The client should be able to find out about the delay and remedy the situation before the negative data is transmitted. The notification is therefore an essential element in the analysis of the legality of reporting.
If the institution cannot demonstrate that the notification has been properly submitted, it may support a request for erasure, rectification or at least a reconsideration of the reporting.
What are we looking at?
• the date of maturity and the date on which the delay occurred;
• the date on which the bank claims to have sent the notification;
• the channel used: letter, telephone, SMS, e-mail or other electronic means;
• whether the notification has been submitted prior to the reporting;
• whether there is evidence of communication to the customer;
• whether the reported data correspond to the reality of the contract and to the maturity.
Not every message is a sufficient notification
In practice, institutions may invoke SMSs, e-mails, calls, notifications generated automatically or communications via applications. Everyone needs to be analyzed. It matters the content of the message, the date of transmission, the addressee, proof of communication and the subsequent reporting.
A simple vague or unverifiable information should not be accepted without analysis. If the notification cannot be identified or is not clearly linked to actual reporting, there are arguments for contesting it.
What can be requested
Depending on the situation, it may be required to delete the reporting, rectify the data, update the information, provide proof of notification or reconsider the institution's decision. In some cases, the lack of notification may be complemented by other arguments: wrong amount, payment, late reporting, unupdated data or unclear communication.
Professional approach matters
An effective request is not limited to the claim "I have not been notified '. It must ask for the relevant documents, set the timeline, indicate the legal problem and request a clear solution. In addition, it may also include an amicable component: if the default has been paid or the situation has been minor, the institution may be invited to solve the case without conflict.
Frequently asked questions
If no notification has been received, shall the reporting be automatically deleted?
Not automatically. It must be verified whether the notification existed, how it was submitted and whether the institution can prove the disclosure.
Can the bank claim it sent an SMS?
Yes, but proof of transmission may be required and it may be considered whether the SMS complies with the purpose of notification.
Can I challenge it after a while?
Yes, reporting can also be analysed afterwards, especially if the data continues to work or if you have not known the problem.
I paid in the meantime. Does it matter if the notification is missing?
Yes, paying the arrears may help, but it does not automatically remedy a report submitted in breach of the procedure.
