Overview
Removal of entries with Creditreform or Schufa
There are countless myths in life that everyone knows. For example, that the public broadcasting institutions GEZ controllers must be allowed into your home on their third visit or the fallacy that children are liable for their children or the ironclad “legal rule” that when a car hits another from behind the driver of the rear car is always to blame. Another of these entrenched legends is that Creditreform (the same applies to the notorious Schufa) is a non-profit organization or even a government agency, which seeks to help society by collecting data that it then altruistically makes available to interested parties in the form of a credit report.
Creditreform is not always right
And because Creditreform or Schufa unselfishly looks after the information needs of citizens, many people think that everything must be fair and square. If something incorrect is contained in a database, those affected frequently are afraid to exercise their rights – aside from a polite request to have the data corrected. Even if Creditreform or Schufa behave as though they are a collection agency, many people believe that it may still be a government agency with whom it is pointless to enter an objection about having an incorrect record deleted. This no doubt is tied to the long-standing tradition of the “association” that goes back to the late 19th century when it was founded with the goal of denying credit to those customers who had an outstanding debt with one of the association members. Back then, it was known under the name of “Association for Cash Payment Mainz” (“Verein Barzahlung Mainz”).
Creditreform is not a “non-profit” organization
Today, Creditreform is made up of a group of regular private-law service providers who, as do other commercial enterprises as well, seek to maximize their profits. This is, of course, fundamentally legitimate. The main business segment of Creditreform, alongside debt collection, is providing credit reports to businesses and private individuals.
Creditreform must comply with laws
It is a service that is subject to the stringent regulations of the Federal Data Protection Act, because of its significant encroachment into the informational right of self-determination of the affected person. As long as the stored data is favorable, the affected businesses and private individuals rarely take notice. However, it becomes a major issue when negative indicators are recorded that lead to potential contractual partners declining to do business with the affected party. If this stored information happens also to be incorrect, the owner of the data has a serious problem.
Removal of entries with Creditreform or Schufa
Our experience has shown that not many people will undertake to assert their rights against the time-honored Creditreform in a judicial proceeding. On the other hand, our numerous successes as a law firm have demonstrated that it is possible to effectively fight back in court against the storage of incorrect data. A negative credit report is not a stroke of fate or a punishment from God that one is helplessly at the mercy of. Instead, it is merely a disclosure by a private company of a collection of data taken from completely unrelated sources that can be incorrect or outdated. Everyone has the right to have inaccurate Creditreform (or Schufa) entries deleted. And, unlike what Creditreform or Schufa like to insinuate, the affected person does not have to explain why the data is incorrect, nor does the person have to provide the correct data. Just because Creditreform or Schufa would prefer it does not mean that the affected person is obligated to assist in the marketing of their data.
LHR has already had numerous Creditreform and Schufa entries deleted
LHR achieved a resounding success in front of the Higher Regional Court of Cologne: After Creditreform reluctantly submitted to the extrajudicial cease-and-desist declaration during the trial, the Court, in its decision dated March 8, 2012, Az. 18 U 304/11 and decreed that Creditreform was liable for the costs of both cases.
Attorneys protect your creditworthiness with Creditreform and Schufa
Businesses and personalities can effectively defend themselves against incorrect data in disclosures or a negative credit rating. By using appropriate means, you actively protect yourself and
- effectively prevent the distribution of untrue claims by Creditreform and Schufa,
- improve your creditworthiness and
- show that you can defend yourself against future attacks.
Creditreform and Schufa regularly remove incorrect data upon our demand. If, by way of exception, that should not be the case, we are aware of the appropriate steps that are to be taken.
Arno Lampmann, founder of the firm, partner and specialist attorney for industrial property protection: “Creditreform (the same applies to the notorious Schufa) is neither a non-profit organization nor a government agency that selflessly seeks to help society by collecting data that it then altruistically makes available to interested parties. It only has one goal: to turn their data into money.”
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