On April 11, 2022, the court ruled in our client's case against the BKR foundation regarding a non-existent code 9. To our knowledge, our client was the only person in the Netherlands with this unique code 9.
Dynamite wins lawsuit against BKR over mysterious code 9
Deepak Thakoerdien
- Director
The FD, De Telegraaf and Trouw have written about this case
Judge whistles BKR foundation back: unique code not allowed.
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Code 9. A code that seems made up for this case.
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Defeat for BKR: Must remove unique code after all
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After three consecutive lawsuits, Dynamite has won victories against the BKR over a controversial code 9.
View ArticleThe story in a nutshell
Client was dealing with a number of registrations placed by different lenders. These were A2 and A3 codes. This prevented client from buying a "Tiny house. Client requested the BKR to remove these registrations, but the BKR would not cooperate. Client then took his case to court. On Jan. 14, 2022, the court ruled and determined that Mr. should no longer be hindered by negative BKR registrations. Nevertheless, BKR did not want to act on the court's ruling. We then told the BKR that client would file a new lawsuit. After much pain and effort, the BKR finally relented. Client was happy for a while until he found that the BKR had changed the old codes to multiple codes 9. This still prevented client from buying a Tiny house.
Code 9
Despite the judge's ruling, the BKR chose to register a new and non-existent code 9. In doing so, the BKR ignored the judge's ruling.
Together with the client, Dynamiet decided to go to court through summary proceedings. On April 11, 2022, the Arnhem District Court ruled in favor of the client (again) and the BKR also had to remove this unique code.
For a while it looked as if client would regain his financial freedom because of this court ruling. In fact, the BKR had announced during the hearing that it plans to reinstate the old A3and A2 codes once it appeals. The BKR must file an appeal by April 15, 2022.
The final judgment will follow when a ruling is also issued on appeal. To be continued, then.
View the code 9 ruling hereUpdate: May 23, 2022
The BKR recently removed the 9 codes, but put back the old A3 and A2 codes in their place. The BKR has appealed. Despite two court cases won, client has not moved forward. For now, we expect to win this case for him on appeal as well.
Update: September 6, 2022
On August 30, 2022, the court ruled through what is known as an "incident procedure" for the reinstatement of the old codes. The court ruled in favor of client and therefore BKR must still remove the old codes. Client finally regained his financial freedom.
Please note that the case is still on appeal. On Feb. 21, 2022, the case will be heard substantively by the trial court.
Update: Feb. 21, 2022
The case is on appeal. The court expects to rule on May 30, 2023.