Spanish Credit Blacklists: When Being Listed Is Unlawful and What Compensation You Can Claim (Supreme Court judgment 1314/2026 of 23 July)
Spanish Supreme Court judgment 1314/2026 of 23 July (appeal 8019/2024, ROJ: STS 3502/2026) sets a decisive rule: if the debtor challenged the debt before being reported to a credit-default register — by written out-of-court complaint or by filing a usury nullity claim — the debt is no longer certain, due and payable, and the listing is an unlawful interference with the right to honour. The Court awards EUR 2,000 and confirms that lower awards are merely symbolic. Full guide to Article 20.1.b) LOPDGDD, ASNEF, Experian and how to claim.
1. The real problem: being listed by ASNEF over a debt you are disputing
Few things cause as much silent damage as appearing on a Spanish credit-default register (ASNEF-Equifax, Experian-Badexcug). There is rarely any warning that reflects the true impact: one day a loan, a card, a utility contract or a phone line is refused, and you discover your data is filed as unpaid.
The conflict becomes acute when the debt is not peaceful: the consumer has complained to the lender, disputed usurious interest, sought the annulment of unfair terms, or even filed a claim. And the finance company reports the data anyway.
Spanish Supreme Court (First Chamber) judgment No. 1314/2026 of 23 July — cassation appeal 8019/2024, ROJ: STS 3502/2026, ECLI:ES:TS:2026:3502, Justice Antonio García Martínez — decides exactly that scenario, and its doctrine is worth knowing before you sign any waiver or accept any settlement.
At [Bufete Padilla](https://bufetepadillatorrevieja.com/en/contact) — Torrevieja, Elche and Moraira — we regularly handle these claims for Spanish residents and for British, Dutch, German and Nordic expats who financed consumer purchases, revolving cards or vehicles in Spain.
2. The facts
| Date | Event |
|---|---|
| 5 April 2022 | The borrower sends the lender (Cofidis) an out-of-court complaint arguing that the contract is usurious, seeking the removal of unfair terms and the restitution of sums wrongly charged, and stating her wish to settle |
| 3 June 2022 | She files a claim for annulment of the contract on grounds of usury |
| 6 October 2022 | The lender reports her data to the credit-default register |
She then sued for unlawful interference with the right to honour, claiming EUR 3,000.
Procedural history
| Court | Outcome |
|---|---|
| Court of First Instance No. 3, Zaragoza (judgment 275/2024 of 17 April) | Claim dismissed, costs against the claimant |
| Provincial Court of Zaragoza, Fourth Section (judgment 334/2024 of 24 July) | Appeal dismissed, costs and loss of the appeal deposit |
| Supreme Court (STS 1314/2026) | Cassation appeal upheld: unlawful interference found, compensation set at EUR 2,000 |
3. The key rule: Article 20.1.b) LOPDGDD
Article 20.1.b) of Organic Act 3/2018 of 5 December (LOPDGDD) requires, for the lawful reporting of data to a credit information system, that the debt be: