Banco Santander and Intrum, convicted for placing two guarantors on the default list after paying off their debts

The Fourth Department of the Provincial Court of Bizkaia has upheld the resolution of a court in Bilbao that Santander bank already Intrum Holding Spain SAU to compensate two people with 12,000 euros for being included in several defaulter files while they had already paid their debts, the Supreme Court of the Basque Country (TSJPV) said in a note.

The Court of Bizkaia, like the Court of First Instance 11 of Bilbao, considers that the banking entity and the debt management company have committed “an unlawful interference with the honor” of these two people and rejects Bank Santander’s appeal. This decision can be appealed to the Civil Chamber of the Supreme Court.

The court of first instance condemned the case January 22, 2023 Banco Santander and Intrum Holding Spain SAU to compensate each of those affected 5000 euros and 1000 eurosrespectively. In both cases With interests.

According to the facts proven at the time, those affected were: They intervened as guarantors together with other people in a mortgage loan granted by Banco Santander to a developer at 2009.

Later the October 10, 2012 They reached an agreement with the entity whereby Santander, by paying a certain amount, would cancel the mortgage “completely and completely”. However, the February 7, 2014 Those affected received a message from the banking entity demanding the payment of a certain amount of debt with the warning that if this was not done, the data would be transferred to the standard control files.

The injured parties contacted the bank to indicate that the debt had already been paid, but until 2020 They have received payment claims from Intrum and their details have been included in defaulter files after the termination.