Client Dynamite wins court case Rabobank

Client had payment problems in the past. Rabobank subsequently registered client negatively with BKR with an A2 code. As a result, the BKR registration would remain reported until October 2020. Until then, client cannot obtain a mortgage.

Dynamite:

Although the BKR record had been entered “technically correctly,” Dynamiet was convinced that it should be removed early. We argued that the client had not experienced any payment problems for seven years and that the amount in arrears was minimal. Furthermore, the client posed no risk to himself or to the financial sector. The BKR therefore has no interest in maintaining the registration. The client, on the other hand, does have an interest in the removal of the BKR registration, namely the purchase of a home.

How does removing a BKR registration work?

Rabobank:

Rabobank argued the following in response to our request. Client has repeatedly allowed arrears to accumulate in the period 2010-2014 and has been reminded to do so. Rabobank therefore informed the client by letters that, if the arrears were not cleared, it would be forced to terminate the credit and register the client with the BKR. The client did not contact Rabobank and the arrears were not cleared. Rabobank was therefore forced to register client with the BKR, and is unwilling to remove the BKR registration.

The judge:

Rabobank had sufficient reason to report the client's A2 coding. An arrears had arisen and the client failed to clear these arrears, causing the arrears to increase further. As a participant, Rabobank is obliged to register arrears with the BKR. However, it must be assessed whether the BKR registration is in proportion to the nuisance experienced by the client. Because of the BKR registration the client cannot get a mortgage. Also considering the duration of the BKR registration, namely until October 2020, and the fact that client has paid the arrears, the court considers that the BKR registration is not justified.

The decision

The Court orders Rabobank to remove, or have removed, the codes registered in the Central Credit Information System of the Bureau Krediet Registratie with regard to the client. The Court also orders Rabobank to pay the costs of the proceedings, estimated at € 1,191.00 for the client to date.