On November 30, 2018, Rechtbank Midden-Nederland ruled that the A2 coding of a client of Dynamiet Nederland must be removed from the CKI with immediate effect. The client in question, a 35-year-old mother from Almelo, was thereby immediately relieved of her negative BKR registration with Vesting Finance. As a result, she can finally buy the house she had her eye on.
The trajectory
Ms. reported to Dynamite Netherlands on October 19, 2018 with two BKR registrations: one negative registration with Wehkamp with an A23 code and one negative registration with Vesting Finance with an A2 code. Both registrations dated back to 2005. In this case, the need was very high for the lady in question. Both BKR registrations had to be removed at very short notice. The reason for this was the fact that Ms. had signed a purchase agreement for a house that she soon wanted to move into with her partner. Ms. was renting a small studio in Almelo with her little daughter at the time, while her partner lived 30 kilometers away. Ms. and Mr. were happily expecting their second child, making the need to move into a suitable family home together all the more urgent.
The facts of the case
The facts of the case are very special - and that is putting it mildly.
This lady's past can be called both unique and tragic. Starting in 2004, Ms. entered a pitch-black phase of her life when she faced a debilitating drug addiction that led to her losing everything in her life. Her home, all her possessions and even her social contacts. Ms. regularly slept in cold sheds of apartment buildings. Consequently, arrears arose on the loans she had taken out at the time.
Ms. got her life back on track, entirely on her own, after a few years. She went through the WSNP and was declared completely debt-free in 2015. The loans with Wehkamp and Vesting Finance were completely paid off by Ms. in 2014 and 2015. Since 2015, Ms. has also had a good job in the process, as a result of which she amasses a stable income these days. However, due to BKR's retention period, the repaid loans were still registered with negative codes in the CKI for five years after the moment of repayment.
Madam did not know that she was registered with BKR with two negative registrations. When she signed a purchase agreement for a beautiful family home in Almelo, it was therefore a huge blow when the mortgage adviser found out that the purchase could not go through because of these registrations. She had only a few weeks time to complete the mortgage. However, with two BKR registrations she would never succeed. The registrations had to be removed as soon as possible.
Our work
After Ms. reported to Dynamite, the matter was rushed. After all, the removal of the registrations was urgent. By initiating legal proceedings against both parties, Dynamiet Netherlands managed to remove the A23 coding at Wehkamp in an amicable process. However, on November 6, 2018, Vesting Finance indicated that it would not remove the registration, despite the substantiated requests that had been made.
Going to court
Dynamite did not stop there. In consultation with Ms., on November 8, 2018, summary proceedings (emergency proceedings) were commenced in court to have the negative registration with Vesting Finance removed as yet. Ms. was put in contact with one of our affiliated attorneys who would represent her interests before the judge. The judge ultimately ruled as follows:
"It has been established that [Mrs.] has a compelling interest in the removal of the negative BKR registration. After spending several years in a distant past ina plight (of debts and drug use), [Ms.] has [Ms.] herself managed to recover and make a solid living over the past ten years. There is no longer in debt. [Mrs.] is now in a very different, much more balanced (financial) situation than was the case at the time (in 2004). [Ms] has been working full time for years, has in the process established a good position in the labor market with a good income built up and is married. The arrival of her second child will be an additional incentive for her to maintain the now stable situation. A home as a permanent base is part of that. [Mrs.] showed at the hearing that she has carefully studied her (financial) possibilities and based her plans on them. Finally, the fact that the alternative of a rented house in the free sector will not only take much longer, but above all will involve higher monthly costs than a house to buy, makes that [Mrs.] has a weighty interest in the removal of the BKR registration."
In conclusion
Based on the foregoing, the court ordered Vesting Finance to immediately remove the negative registration. This was done. Madam now lives with her partner and their two children in their dream house in Almelo. All's well that ends well.
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