On December 2, 2022, the Court of Appeals of Santiago (Rol 52.735-2022) accepted the appeal for protection and ordered Banco Falabella S.A. to eliminate from the debtors’ records of the financial system a non-existent debt that it attributed to the appellant, who was not a customer of such entity.
The judgment establishes that Banco Falabella has acted arbitrarily and illegally by charging the appellant for a non-existent debt and not eliminating the alleged debt from the system in a timely and expeditious manner. This negligent action by Banco Falabella has caused serious damage to the appellant, since Banco BCI, in March 2022,was denied a mortgage loan because the appellant was a debtor of Banco Falabella. On the other hand, due to this circumstance, the appellant was rated by Equifax in April 2022 with an average risk indicator of 557 points.
In view of the foregoing considerations, and the provisions of Articles 19 and 20 of the Constitution of the Republic, the appeal for protection filed was accepted, ordering Banco Falabella S.A. to immediately remove the appellant from the registers of debtors of the financial system, notifying the Commercial Bulletin of the Santiago Chamber of Commerce, Equifax and companies in charge of the register of debtors, so that any mention of the appellant related to the alleged debt with Banco Falabella is eliminated.
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