Delete SCHUFA entry? Dr. Thomas Schulte, a lawyer, can help effectively!
The SCHUFA (Schutzgemeinschaft für allgemeine Kreditsicherung) is the largest credit reporting agency in Germany and a central player in the credit rating of private individuals and companies. A negative SCHUFA entry can block financial plans and have far-reaching consequences for the persons concerned. However, in many cases, these entries can be successfully challenged and deleted – especially with the support of a specialized lawyer.
Problems with a negative SCHUFA entry?
A negative SCHUFA entry often arises faster than expected, for example due to:
- Unpaid bills (knowingly or unknowingly)
- Disputes with companies
- Mistakenly reported claims
Such entries often lead to serious problems such as the rejection of credit, mobile phone or energy contracts. It is particularly critical when companies make unlawful entries or exert pressure to enforce claims. Those affected have rights to defend themselves: incorrect or prematurely reported entries can be contested and, under certain circumstances, deleted prematurely.
Your rights: SCHUFA scoring and data protection
SCHUFA scoring is not only based on negative entries, but also on so-called “soft” criteria such as:
- Number of credit cards
- Current accounts with overdraft interest
- Existing mobile phone or electricity contracts
According to SCHUFA, over 500,000 pieces of information are provided daily, although not all of the data is correct. The General Data Protection Regulation (GDPR) gives you extensive rights to defend yourself against unauthorized entries or incorrect data. Article 82 of the GDPR forms a central basis for claims for damages in the event of data protection violations, while national regulations such as the Federal Data Protection Act (BDSG) regulate further rights and obligations.
Why a specialized lawyer is important
Experience shows that victims often fail without legal support. Lawyers can:
- Identify and challenge incorrect entries
- Request that the SCHUFA or reporting companies delete them
- Take legal action against unjustified entries
Dr. Thomas Schulte, an attorney in Berlin, has specialized in representing SCHUFA victims for many years. With careful preparation, we are often able to achieve the deletion of unjustified entries within 1 to 3 weeks. Thanks to his many years of experience and comprehensive expertise, Dr. Schulte is recognized nationwide as an expert in SCHUFA law.
Relevant judgments: SCHUFA entries and compensation
Case law repeatedly confirms that incorrect SCHUFA entries can be successfully challenged. Here are some examples:
- OLG Hamburg (Az. 13 U 70/23):
- A customer received €4,000 in damages because Barclays Bank had reported unauthorized claims. The entry was unlawful because the claim was disputed.
- Hamburg District Court (April 19, 2023):
- The court awarded a plaintiff €2,000 in non-pecuniary damages because a negative entry was made unlawfully. The underlying claim was not legally enforceable.
- LG Mainz (Az. 3 O 12/20):
- In this case, 5,000 euros in damages were awarded. Consent to the transfer of data was missing, which made the registration inadmissible.
- OLG Dresden (Az. 4 U 1158/21):
- Here, too, 5,000 euros in damages were awarded because an unauthorized entry had been made.
- District Court Wedding (Az. 6b C 243/98):
- This judgment emphasized that “soft negative features” may only be reported if the inability or unwillingness to pay can be proven.
- Düsseldorf District Court (Az. 14d O 39/08):
- An automatic Schufa report was deemed unlawful, even if the data were correct.
These rulings show that those affected have a good chance of success if they consistently exercise their rights and secure legal support.
Landmark ruling on the deletion of a Schufa entry – A victory for consumers
On July 24, 2024, the District Court of Duisburg handed down a judgment with far-reaching consequences for consumer protection in Germany. Under the case number 4 O 423/23, the court ruled in favor of a plaintiff who had suffered significant economic disadvantages due to an unlawful Schufa entry. The case not only highlights the issue of incorrect entries, but also the impact on the creditworthiness and financial capacity of affected individuals.
Background of the case
The plaintiff settled a claim that originally led to a negative Schufa entry. However, despite the settlement, Schufa Holding AG refused to delete the entry. The consequences were serious:
Blocking of credit cards
Threat of termination by Deutsche Bank, which could potentially have led to a liability of €67,000.
These events illustrate how crucial a Schufa score is for financial flexibility in Germany. A bad score not only means rejected credit requests, but can also jeopardize business relationships and everyday financial transactions.
The judgment of the Duisburg Regional Court
The court ruled that Schufa must immediately delete the entry and recalculate the plaintiff’s Schufa score. In doing so, the judges relied on key principles of the General Data Protection Regulation (GDPR):
- Art. 6 GDPR – The principle of data minimization was violated.
- After the debt was settled, storing the entry was no longer justified.
The court made it clear: consumers are entitled to the deletion of a Schufa entry as soon as the underlying claim has been satisfied. Long-term storage violates data protection regulations and places an unreasonable burden on the data subject.
Recalculation of the score – An important step
The Schufa score has a significant influence on creditworthiness. A negative entry often causes the score to drop drastically.
A score of under 80% is classified as “high risk”.
Deleting the entry is likely to result in the score recovering to over 90%.
The ruling provides clarity: consumers do not have to suffer permanently from the consequences of an entry that has already been settled.
The relevance of the ruling for consumers
This ruling sends a clear signal to Schufa and similar credit reference agencies. Storing claims after they have been settled is not only unlawful, but also unnecessarily burdensome. For consumers, this has the following consequences:
- Right to deletion: Those affected can actively dispute unlawful entries and demand their deletion.
- Data protection and transparency: The judgment strengthens the position of consumers vis-à-vis data-processing companies such as Schufa.
- Faster restoration of creditworthiness: Once a claim has been settled, consumers do not have to wait years for their score to improve.
According to the consumer advice center, incorrect or outdated entries are not uncommon. The ruling of the Duisburg Regional Court now offers affected consumers a stronger legal basis for taking action against such entries.
European influences: The ECJ ruling of December 2023
As early as the end of 2023, the European Court of Justice (ECJ) handed down an important ruling on Schufa and other credit reference agencies. The ECJ ruled that the influence of scores on credit decisions must be limited in order to strengthen consumer protection rights.
In this context, the Duisburg ruling fits seamlessly into this and emphasizes Schufa’s responsibility to process data correctly and proportionately. The combination of both rulings could lead to sweeping changes in the practice of credit scoring in the future.
Conclusion: A victory for justice and consumer protection
The judgment of the Duisburg Regional Court of July 24, 2024 marks a decisive step in strengthening consumers‘ rights vis-à-vis Schufa. It shows that unlawful entries can not only be successfully challenged, but that their deletion immediately restores creditworthiness.
For consumers, this means a new perspective on how data and scores are handled. The ruling could also force other credit bureaus to adapt their procedures and improve data protection for millions of people.
Contact Dr. Schulte for quick help
A negative SCHUFA entry does not have to ruin your future! Get competent advice and benefit from our expertise:
Phone: +49 (0) 30 – 22 19 220 20
E-mail: dr.schulte@dr-schulte.de
Location: Malteserstraße 170, 12277 Berlin
Your advantages with Dr. Schulte:
Fast processing: Deletion often takes place within 1 to 3 weeks.
Digital communication: Simple, efficient and transparent.
Legal expertise: Many years of experience and nationwide representation.
Conclusion: Use your rights in a targeted way
In many cases, the deletion of a SCHUFA entry requires legal support in order to avoid legal pitfalls and maximize your chances of success. Dr. Thomas Schulte offers those affected effective solutions based on in-depth expertise and years of experience. Use your rights and get professional advice – your future is worth it!
Further relevant rulings:
District Court Wedding (6b C 243/98): This 1998 judgment sets clear limits for reporting “soft negative characteristics” and confirms that entries may only be made if a bank can prove that the person does not want to or cannot pay.
District Court of Düsseldorf (Az. 14d O 39/08): This judgment confirms that an automatic SCHUFA report – even of correct data – is always unlawful.
District Court of Hamburg Altona (317 C 328/04): The refusal of the credit reference agency to disclose the data source on the grounds of trade secrecy was declared unlawful.
Delete SCHUFA entry? Dr. Schulte, an attorney, provides effective help!
SCHUFA (Schutzgemeinschaft für allgemeine Kreditsicherung) is the largest credit reporting agency in Germany and plays a crucial role in assessing the creditworthiness of private individuals and companies. But what can you do if a negative SCHUFA entry is blocking your financial plans?
Problems with a negative SCHUFA entry?
A negative SCHUFA entry often arises faster than you think – whether it’s due to:
- Unpaid bills (knowingly or unknowingly)
- Disputes with companies
- Mistakenly reported claims
Such entries can have far-reaching consequences, such as being denied credit or being unable to enter into energy or mobile phone contracts. It becomes particularly problematic when companies unlawfully report entries or make threats in order to enforce claims.
Your rights: Incorrect or prematurely reported SCHUFA entries can be contested and, under certain circumstances, deleted prematurely.
Why specialized legal counsel is important
Experience shows that those affected often fail without legal support. Lawyers can:
- Identify and dispute incorrect entries
- Request that the SCHUFA or reporting companies delete entries
- Take legal action against unjustified entries
Dr. Thomas Schulte, a lawyer in Berlin, has specialized in representing SCHUFA victims for many years. With careful preparation, we often achieve the deletion of unjustified entries within 1 to 3 weeks.
SCHUFA scoring and your rights
SCHUFA scoring is not only based on negative entries, but also on so-called “soft” criteria such as:
- Number of credit cards
- current accounts with overdraft interest
- Existing mobile phone or electricity contracts
According to SCHUFA, more than 500,000 credit reports are issued daily, and not all of them are always correct. The General Data Protection Regulation (GDPR) gives you rights to defend yourself against unauthorized entries or incorrect data. Take advantage of these opportunities!
Contact Dr. Schulte for quick help – also in other languages.