Client took out a revolving credit for the purpose of a business car in 2012. Due to a misunderstanding during the transfer of the car, an arrears coding was placed on the credit by PSA Financial Services (Peugot). The one-time missed payment amounted to €263 and was restored within 20 days. The credit was terminated in March 2016, so the BKR registration would be reported until March 2021.
Financially stable
Dynamite argued on behalf of client that the registration should be removed early. As a reason, we argued that client, being self-employed in the real estate industry, was financially very stable. In addition, the arrears were very small. Client therefore did not pose a danger to himself or to the financial sector. Therefore, the BKR has no interest in maintaining the registration. However, the client did have an interest in having the registration removed. After all, he had bought a house subject to financing, but two mortgage applications had already been rejected as a result of the negative registration.
PSA unwilling to remove
PSA Financial Services argued in response to our request that they contacted client through multiple channels. After the summons they sent, they contacted client. It then emerged that PSA Financial Services no longer had client's correct phone number and email address. In addition, PSA Financial Services claims that the arrears coding was rightfully placed. Since the coding was justified, PSA Financial Services is not willing to remove the registration or submit a removal request to BKR.
Urgent interest
At the oral hearing on September 25, PSA Financial Services did not appear. Client indicated that in the morning on Sept. 21, PSA Financial Services informed him that they had requested BKR to remove the codes and that upon inspection, it found that the codes had already been removed. Client indicated, however, that the mortgage lender informed him in the afternoon on Sept. 21 that the codes had not yet been removed. The judge ruled that client still had an urgent interest in removal, since it could not be established that the codes had already been removed. Client's claim does not appear to the court to be unlawful or unfounded, and will therefore be granted.
The decision
The court orders PSA Financial Services to remove, or have removed, all codes registered in the Central Credit Information System of the BKR with regard to the client. The court also orders PSA Financial Services to pay the costs of the proceedings, estimated at €917,10 for the client to date.