Payment problems
Client had payment problems in the past in 2014 regarding payment of monthly mortgage payments. Volksbank (formerly SNS Bank) then registered client negatively with the BKR in early 2015 with an A coding. Client settled the arrears in September of the same year and Volksbank subsequently placed an H coding. This would keep the BKR registration reported until September 2020. Until then, client cannot obtain a mortgage.
No danger financial sector
In client's particular case, the BKR registration had been placed "technically correct. Dynamite was convinced that the registration should be removed conjunctively. Dynamite provided several reasons on the basis of which we believe that this registration has no added value. There was a misunderstanding in the specific case, client had fulfilled the obligations for over ten years without any particulars, and there was a minor arrearage. Moreover, client posed no danger to himself or to the financial sector. Therefore, maintaining the registration served no interest. Client, on the other hand, did have a demonstrable interest in removing the registration, namely buying and financing a home.
Duty to report to BKR
Volksbank submitted the following in response to our request. Volksbank states that the payment arrears were rightly and correctly processed and that reminders were sent to the client and the client was made aware of the possible consequences of failing to make payments. Volksbank also indicates that it is obliged to report the payment arrears to the BKR. According to Volksbank, the client's interests in deleting the registration do not sufficiently outweigh the interest in maintaining the registration.
BKR registration not proportional
Volksbank was obliged, based on the purposes of the CKI, to proceed with reporting the BKR registrations. After all, there were actual payment arrears. The question the court asks is: "Whether Volksbank, in refusing to proceed with the removal of the registration, (sufficiently) took the interests of the client into account. Because of the BKR registration, client cannot get the mortgage he wants. After weighing the interests of the parties, the court held that maintaining the BKR registration was not proportionate. The arrears were a relatively small amount and were fully cleared shortly after client became aware of them. Moreover, client has a demonstrable interest and client's financial stability has been sufficiently substantiated.
The decision
The Court orders Volksbank to remove, or have removed, the codes registered in the Central Credit Information System of the Bureau Kredietregistratie with regard to the Customer. In addition, the Court will order Volksbank to pay the costs of the proceedings on the part of the client, estimated to date at € 1,192.
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