Santander must send documents that have to do with a BKR registration of the person concerned, according to a recently rendered order by the District Court of The Hague. To assess the correctness of the registration, the person concerned has sufficient interest in obtaining these documents. If they fail to do so, legal proceedings can be initiated to demand these documents.
The course of the case
On June 2, 2017, a request for information was made on behalf of a client of Dynamite Netherlands to Santander, a company that works with BCC and Mediamarkt, among others, when goods are purchased there on installments. After Santander did not respond in time, a reminder was sent. On July 21, Santander responded with a summary of occurred facts regarding the credit. Santander does not attach the requested documents. Santander indicates that these letters should already be in the client's possession.
Dynamite Netherlands did not stop there and went to court. In short, they claimed to order Santander to explain the BKR coding and provide the requested documents. Naturally, they also asked for an order for costs of the proceedings. After months, Santander sent a statement of defense on November 24, 2017. In it, Santander primarily takes the position that the request is inadmissible because it was filed too late. In addition, it states that the request should be unfounded as it has already provided the requested information with its letter of July 21, 2017. It also explains the BKR registration and provides the requested information.
Settlement proposal
Since all requested information had already been provided by Santander, a settlement offer was made by Dynamite Netherlands to Santander: Santander pays the litigation costs on behalf of client and client withdraws the proceedings. Santander refused. As a result of this refusal, Dynamiet Nederland requested the court to amend the claim: the court only has to rule on the legal costs; after all, Santander does not want to pay these.
In conclusion
On November 30, 2017, this case came before the District Court of The Hague. On February 15, 2018, The Hague District Court decided that the request was timely filed and Santander should have provided the documents based on the first request. It is not sufficient to summarize the case history. However, since the documents had already been provided, there was no further need to rule on this. The District Court of The Hague finally ordered Santander to pay the costs of the proceedings and to pay € 1,191 in court fees and the salary of Dynamiet Nederland.
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