A financially sound world
Like BKR, Dynamite Netherlands strives for a financially healthy world. However, our vision is a financially healthy world in which people who are financially healthy (again) are not unreasonably penalized by an unjust BKR registration. After all, declaring a healthy person to be unhealthy would not be healthy. These people are unnecessarily hindered from successfully applying for a mortgage to purchase a home, for example, when there is no legitimate reason to do so.
BKR argues that removing a BKR registration would lead to results that are extremely harmful. BKR cites as an example a family struggling with acute and large debts and for that reason wanting to borrow more money to pay off these existing debts. BKR concludes that this will lead to higher monthly payments and further deepening of the debt crisis. With this example, we completely agree! However, these families who are not financially healthy are not part of our target group. Moreover, it is a mystery to us on what basis BKR believes it would be at all possible to have a negative BKR registration removed for these types of families. BKR states that such people are part of our customer base - which is completely untrue - but proof is not possible. BKR also uses this example to create the impression that a negative BKR registration always involves financially weak people.
The people who qualify for removal of a BKR registration are financially sound individuals. However, through an unfortunate confluence of circumstances, they have been maneuvered into a position that has ultimately earned them the label of "defaulter. We assist these people because they do not deserve to be registered as such. Usually our clients have already made their own attempt, but get bogged down in bureaucracy and legal language.
BKR changed its policy as of Feb. 1, 2017, as follows:
"It is not permitted to delete a registered agreement unless one of the following reasons occurs:
A: wrongful registration. No agreement has been established;
B: ruling by the court or a disputes committee such as the BKR Disputes Committee or KiFiD, insofar as that ruling is to remove the contract."
BKR is forcing lenders to follow this policy, while the Netherlands' highest court has ruled otherwise. According to the Supreme Court, consumers are entitled to a balancing of interests. Lenders are obliged to make this balancing of interests. A balancing of interests can turn out in favor of a consumer. In that case, lenders are obliged to remove the BKR registration. There is no discussion about this.
BKR is violating applicable laws and regulations by not complying with the Supreme Court ruling. BKR appropriates the powers of regulatory, executive and supervisory power, but who is supervising here? No one!
Don't throw in the towel
Dynamite, however, is not letting up and is urging people not to throw in the towel and get ready for the second round. Can't do this alone and need professional help? Then contact us for a no-obligation intake interview. We will be happy to help you.
