Annotated template: prior payment demand

When this demand is mandatory

If the contract from which the debt arises does not identify by name the specific credit default register (Asnef-Equifax, Badexcug-Experian…) and does not contain the rest of the information required by Article 13 GDPR, you cannot register the debtor directly. First you must send a prior payment demand warning them of the possible registration. Generic clauses — “credit default registers”, “solvency registers” — do not meet the requirement (SAP Orense 629/2021, of 29 December; SAP Vizcaya 136/2022, of 27 May, among others).

The template

Send this text by burofax with content certification and proof of receipt. Replace the fields [IN SQUARE BRACKETS]. Do not add threats or epithets: a neutral tone is a defence too.

Heading

[LETTERHEAD OF THE CREDITOR COMPANY]

• From: [REGISTERED NAME OF THE CREDITOR], with tax ID [TAX ID], registered office at [REGISTERED OFFICE] and contact email address [EMAIL].¹
• To: Mr/Ms [FULL NAME OF THE DEBTOR / REGISTERED NAME], with tax ID [TAX ID], address at [ADDRESS OF THE DEBTOR].
• In [TOWN OR CITY], on [DATE].

Subject: Prior payment demand and warning that the debt may be reported to a credit information system.

Body of the letter

Dear Sir or Madam,

We are writing to you in connection with the [TYPE OF CONTRACT: supply / provision of services / loan…] contract entered into between the parties on [DATE OF CONTRACT] under reference number [CONTRACT OR INVOICE No.].²

As at the date of this letter, that contract shows a debt that is due, payable and unpaid in the amount of [EXACT AMOUNT] euros, corresponding to [DETAILS: invoice numbers, due dates, periods].³

We formally demand payment of the stated amount within [PERIOD: e.g. TEN (10) calendar days] of receipt of this letter, by [PAYMENT CHANNEL: transfer to account IBAN [IBAN], quoting reference [REFERENCE]].⁴

We expressly warn you that, once that period has elapsed without payment having been made, your personal data relating to this debt may be reported to the credit information system [SPECIFIC NAME OF THE CIS: Asnef-Equifax, operated by Equifax Ibérica, S.L. / Badexcug, operated by Experian Bureau de Crédito, S.A.], in accordance with Article 20 of Organic Law 3/2018 (LOPDGDD, the Spanish Data Protection Act) and Regulation (EU) 2016/679 (GDPR).⁵

If you consider that the debt is not accurate or is not payable by you, or if you wish to exercise your rights of access, rectification, erasure or objection, you may contact [CHANNEL FOR OBJECTIONS: postal address and email address of the creditor or of its data protection officer], enclosing any documentation you consider appropriate.⁶

If you have already made payment by the time you receive this letter, please send us proof of payment to the email address given above and disregard this demand.

Yours faithfully,

• [NAME AND POSITION OF THE SIGNATORY]
• [REGISTERED NAME OF THE CREDITOR]

Notes: why each element is mandatory

1. Full identification of the creditor. The debtor must be able to know beyond doubt who is claiming from them and against whom to object. The information given to the data subject must be complete for the subsequent processing of their data to be lawful (SAP Orense 629/2021, of 29 December).
2. The originating contract identified. The debt has to be anchored to a specific contract. If the debtor cannot identify which obligation is being referred to, they will be able to dispute the debt, and a disputed debt cannot be reported to the register (SAP Orense 385/2023, of 13 June).
3. An amount that is certain, due and payable. Only debts that are certain, due, payable and beyond doubt may be reported; uncertain or disputed debts are excluded. A rounded amount, miscalculated interest or part payments left undeducted make the registration unlawful (SAP Orense 231/2026, of 10 April).
4. A clear period and payment channel. The demand is, above all, a real opportunity to pay before registration. A defined period and a working payment channel evidence that you acted with the good faith required by the data accuracy principle (SAP Asturias 412/2024, of 3 October).
5. A warning naming the CIS. This is the heart of the document. The warning must identify the specific register to which the data will be reported; a generic reference to “credit default registers” does not meet the requirement (SAP Vizcaya 265/2022, of 15 June; SAP Vizcaya 292/2022, of 7 July). Without that reference, the demand does not entitle you to register.
6. A channel for objections and for exercising rights. The controller must provide a simple, free-of-charge procedure for the exercise of data subject rights, and must give an express decision within one month (SAP Barcelona 307/2023). In addition, if the debtor disputes the debt through this channel, the debt becomes a disputed one and must not be reported (SAP Orense 231/2026, of 10 April).
7. Verifiable sending and retention of the proof. Complying is not enough: you have to be able to prove it. The burden of evidencing lawfulness and diligence falls on your company (SAP Asturias 412/2024, of 3 October; SAP Madrid 123/2026). A demand that cannot be proved does not, for the purposes of the proceedings, exist.

How to send it and what to keep

1. Burofax with content certification and proof of receipt. It is the medium that proves the content, the sending and the receipt all at once. An ordinary email or a telephone call will be of no use to you on the day of the hearing.
2. Archive the complete proof (certified text + proof of receipt) together with the contract, the invoices and the statement of the debt, in the debtor's file.
3. Make sure you can retrieve that file years later. The claim may arrive long after the registration; if the proof of receipt is missing on that day, your company loses even though it did everything right (SAP Asturias 412/2024, of 3 October).
4. Respect the period you have given before reporting the debt to the register. Registering before the period expires cancels out the demand itself.

Before you send anything, go through the list of 12 checks: the demand resolves one point in the process, not all of them.

Indicative model. It is no substitute for legal advice. Read the no legal advice statement. © ILP Abogados — www.ilpabogados.com