Zoetermeer/Den Haag On April 22, 2022, Dynamite Netherlands won another BKR case. The Kifid rules that the negative BKR registration of De Volksbank must be removed. The balance of interests is in favor of our client.
Kifid ruling on BKR code 2 of SNS Bank
Mr. Lisa van Gulik
- Trial lawyer
Cause BKR registration
In the past, our client ran a large and thriving contracting company. For years, the entrepreneur did good business and had a close-knit team with which he worked. Sadly, the economic crisis put an end to the good years. The entrepreneur, no matter how hard he tried, had to say goodbye to business. The business was terminated, good care was taken for the staff by placing them with a new employer, and all financial matters were terminated neatly. By acting appropriately, bankruptcy was avoided and the business could be stopped without any loose ends.
Client has had a rough couple of years. Initially, he did his best to keep the business afloat and then he made every effort to manage the termination. On the business front, he took care of everything nicely. Mr. put himself last, which led to him not paying himself a salary around 2018-2019. Although the debts were limited, this unfortunately caused him to fall behind on his home mortgage. Specifically, the amount involved was EUR 1,964.29. In this context, Volksbank placed a negative BKR registration(code 2) as of September 26, 2019.
After the business closure, client moved to a salaried job. In the meantime, he kept in neat contact with De Volksbank. Within a short period of time, he got his finances fully back on track. As early as December 20, 2019, the arrears were paid to De Volksbank and since then everything has been under control again.
Client was still living in his corporate home and has been meeting his financial obligations nicely since December 2019. However, the BKR statement was heavily distorted. Although the problem was resolved, there was still an outstanding BKR registration pending with a code 2 with no actual end date. This end date would not occur until the full mortgage was paid off.
Obstruction BKR registration
After ending the business, the client has always continued to live in the residence on the business park. However, it is a company residence and therefore may only be occupied if there is a connection to a business. After the deregistration from the Chamber of Commerce in early 2022, there was no longer any connection with any business activity. Client therefore intended to move to a property with a real residential use in a residential area. He was unable to obtain a mortgage with negative BKR registration behind his name. In this context, he engaged Dynamite Netherlands with a request for assistance.
Kifid ruling
Client has his affairs completely in order. The closure of the company has been perfectly settled. With the transition to a salaried job, the chance of recurrence is small and the client and his partner have a good income. The finances are completely under control. His interest in removal is demonstrable and concrete. Dynamite has concluded that the negative BKR registration is no longer in proportion to what happened in the past. It worked with client to prepare and submit a removal request to De Volksbank. After a negative response from De Volksbank, client, together with Dynamiet Nederland, took the step to the Kifid.
Like Dynamite, the Kifid ruled that the BKR registration must be removed. The following is relevant here: Client has been stable since December 2019 and has fulfilled all his obligations since then. He has a good income and a good substantial interest in having the registration removed. Obtaining a mortgage is not possible until the BKR registration is removed. When purchasing a new home, client will also bring in a large portion of excess value from the sale of the company home. Thus, maximum borrowing is not required. Volksbank has failed to show that there are compelling legitimate grounds to maintain the registration. The Volksbank must remove the negative BKR with coding 2.
The registration has since been completely removed and client is fully engaged in the search for his dream home.
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