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ING's negative BKR will be removed

ING's negative BKR to be removed by judge

ING bkr

ZOETERMEER/AMSTERDAM - The well-known financial crisis of 2008 is now more than 12 years ago. Nevertheless, quite a number of (former) entrepreneurs still suffer from the aftermath of this recession in the form of a negative BKR registration. This also caused the registration of Dynamite's client.

This entrepreneur's business got into trouble at the time, causing a debt with ING Bank. Meanwhile, the entire problem has been solved, but the client still cannot close the chapter. This is not at all proportionate. After all, the situation at the time is in no way comparable to today. The court has therefore decided that ING Bank must remove the negative BKR registration immediately.

Credit closure at ING Bank

A client of Dynamiet ran his own business in the past and took out a credit with ING Bank in 2005. Without any problems the monthly payments to ING Bank were met and in the meantime the credit limit was extended. Unfortunately, a few years later, disaster struck.

The entrepreneur got into serious financial trouble due to the economic crisis in 2008. After a short period of arrears, ING Bank demanded the entire credit; no flexibility was shown by ING. The entrepreneur never backed down and did everything he could to generate income to pay off ING Bank. He even took a part-time salaried job to provide additional income.

Payment arrangement concluded with ING bank

Within a short time after the arrears a payment arrangement was made with ING Bank. For more than a decade, the entrepreneur neatly fulfilled the arrangement, repaying the entire loan to ING Bank in 2020. Therefore, the entrepreneur is in no way a financial risk. Besides having a stable income, other financial obligations have been neatly met for years and no new debts have arisen.

The partner was told in 2020 that she would be working on the other side of the country starting in 2021. Extra annoying news is that they also had to leave their rental property. It was therefore clear that a move would be necessary in the short term. The entrepreneur and his partner therefore mapped out a plan for this. Their preference was to buy a house, given the lower cost of living compared to renting. Unfortunately, the entrepreneur's BKR registration, resulting from the ING Bank loan, put a stop to this move. There was no way to obtain a mortgage. Waiting for automatic removal was not an option, also considering the couple's closer retirement age. The couple therefore had their backs against the wall.

Request for removal of BKR registration from ING Bank

The only option left to the couple was to sever their relationship on paper by dissolving the cohabitation contract. This would allow his partner to apply for a mortgage without the hindrance of his BKR registration. Needless to say, the couple wanted to avoid this. The entrepreneur therefore submitted a request to ING Bank to remove his BKR registration in order to make the move possible. With a very general letter, the request to remove the BKR registration was rejected without mercy. Together with Dynamite, the entrepreneur therefore went to court.

Amsterdam court ruling on BKR removal

The Amsterdam District Court found in full favor of the entrepreneur. He took full responsibility after the arrears arose, which resulted in paying off the entire debt with ING Bank. The court also recognized that the entrepreneur has had a stable income for years with a nice amount in his savings account and therefore does not pose a financial risk. It was ruled that the entrepreneur and his partner indeed have a strong interest in having the BKR registration removed, in connection with being able to buy a home. They cannot wait for the automatic removal of the registration given the couple's age. It is their last chance to be able to buy a home together.

The court gives short shrift to ING Bank's defense. Given the circumstances, the interest of the entrepreneur should prevail over the interest of ING Bank. ING Bank was ordered to remove the BKR registration within three days.

More about removing a BKR registration at ING >>

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