With no other topic in relation to Schufa the citizens are so badly advised as the "who and when at all a negative entry may be arranged with the Schufa". Almost all threaten but can those simply so cause an entry? The answer is definitely no!
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Who is allowed to initiate a negative entry at Schufa?
First and foremost, only Schufa contract partners may and can initiate a negative entry! Not everyone can also become a contractual partner of Schufa. Schufa's quote:
Contractual partner of the SCHUFA can only become, who hands out customers commercially money and goods credits as well as enterprises, which collect commercially demands. In addition to credit institutions, therefore, retail companies, especially mail order companies, department stores, credit card companies, leasing companies, insurance companies and building societies, insofar as they grant loans secured by real estate liens to consumers, as well as debt collection companies, energy suppliers, e-commerce companies, telecommunications companies, commercial landlords, car rental companies, other service providers and medical billing centers can become contractual partners of SCHUFA.
Lawyers can become SCHUFA contract partners, as far as they care for collection mandates of the aforementioned enterprises. Source: SCHUFA
As you can see, you can't do it without a partnership with Schufa. So an entry from a private person you can already exclude.
When may a negative Schufa entry be initiated?
This is the most important question! It is not enough to simply write a reminder letter and threaten with a Schufa entry. In some cases it is even forbidden or. unlawful, as the Federal Court of Justice (BGH) ruled on 19. March 2015 (case reference: I ZR 157/13) ruled against the company Vodafone.
The latter had commissioned a collection agency to collect money from customers in arrears. Customers were intimidated by the mention of the entry with Schufa, even though they could object to the claim and thus there would be no claim for Schufa entry until further clarification was made.
§ 28a Data transmission to credit agencies!
Also interesting and what you should know. When a transfer of personal data about a claim to credit bureaus is permissible:
- The claim has been established by a final judgment or a judgment that has been declared provisionally enforceable, or there is a debt instrument pursuant to Section 794 of the Code of Civil Procedure,
- the demand after § 178 of the insolvency order determined and not by the debtor in the examination date contested was,
- The person involved has expressly acknowledged the claim,
- the person concerned has been reminded in writing at least twice after the debt has become due,
- There is at least four weeks between the first reminder and transmission,
- the responsible body informed the data subject of the impending transfer in good time before the transfer of the information, but no earlier than the first reminder, and
- the person concerned has not disputed the claim or
- the contractual relationship on which the claim is based can be terminated without notice due to payment arrears and the responsible party has informed the data subject of the impending transfer.
For more information, see the source: https://dejure.org/laws/BDSG/28a.html
As you can see with a negative Schufa entry can not simply be threatened or that this can be initiated so quickly. If you have already received a Schufa entry then we recommend that you read through this article: Delete Schufa entry.
I am threatened with a negative Schufa entry what should I do?
Have you received a reminder letter from the creditor resp. If you receive a debt from the company itself, then you should contact the company and try to pay the debt in installments, but continue to pay the other installments on time as agreed in the contract.
If the reminder is from a debt collection agency then as the first Contradict the claim of the debt collector with a letter. The formulation does not have to be perfect, because it comes only that an objection was submitted and best by registered mail.
If so, contact the company and try to arrange an installment agreement with them. It is important that you come to an agreement with them.
Should the debt collection company contact you again with a letter and possibly threaten with legal proceedings, then write a letter again with the clarification that you have no contract with you and the main sum with the company is settled.
If you receive a court order for payment, also object to it. In most cases it remains.
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