Ask a lawyer on the topic of Banking law

Account cancellation and Schufa entry

November 9, 2009 | 25,00 EUR | answered by Steffan Schwerin

Entry of account termination (not registered mail) on 26.08.2009.

Reference to reminder dated 03.06.2009. This letter (not registered mail) did not reach us and therefore a duplicate was requested on 01.09.:

"... if you do not settle the debit balance after termination of the loan by the deadline mentioned in the termination letter, we will inform Schufa......"

Due to not receiving this letter, it was not possible for us to offer the bank a installment payment plan.

According to the letter dated 26.08., the deadline for account settlement is on 11.10.2009, and

"if you do not comply with the payment request, we may initiate legal action against you. We will inform Schufa of the account termination and any enforcement measures."

Without waiting for our account settlement or the installment payment plan approved within the deadline, a corresponding report was already made to Schufa on the same day (26.08.2009).

Despite various dangerous situations within 40 years of business, we had a spotless Schufa and want to have it back!

We assume that the bank should have waited in any case (as announced in the letter dated 03.06.) for the deadline set by them or the installment agreement, - and therefore question the legality of the "preliminary" report to Schufa.

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised taking into account the circumstances described and your input as follows:

The Schufa must delete entries that were made incorrectly. This is possible when the claim was already settled at the time of the entry.

In practice, Schufa usually takes action on its own and removes the entry after appropriate evidence is provided.

The claim regarding incorrect data arises from § 35 BDSG.

Therefore, you should request a credit report from Schufa in order to see which entries actually exist. Then, you should ask Schufa in writing to delete the entry, as the outstanding claim with the bank has been resolved.

You will need to provide appropriate evidence for this. You can request these from the bank and at the same time ask them to have the Schufa entry deleted.

If you incur any costs, you may consider claiming them as damages from the bank.

To conclude the answer to your question, I can inform you that the entry with Schufa is not unlawful, but incorrect and therefore should be deleted.

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Sincerely,

Steffan Schwerin
Attorney-at-law

Law firm Steffan Schwerin
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