Rabobank ordered to remove BKR records

ZOETERMEER/UTRECHT - Once again a judge rules that negative BKR registrations must be removed. The negative BKR registrations were rightly placed, but the circumstances of the case mean that the BKR registrations should be removed early.

The incident

In 2016, an entrepreneur from Brabant opened his own butcher shop. The entrepreneur was an experienced butcher: he himself learned the intricacies of the trade from his father, who owned a butcher shop himself. It was therefore his boyhood dream to set up his own butcher shop. He went to Rabobank with his market research and business plan. The entrepreneur took out several money loans from the local Rabobank to finance the butcher shop. The total financing involved was €250,000.00. Business declined tremendously due to the opening of a new shopping center, after which it was decided in proper consultation with Rabobank to sell the butcher shop. After selling the butcher's shop, a deficit of € 225,000.00 arose.

In March 2018, the entrepreneur, together with Rabobank, found a solution to the resulting deficit. The butcher paid a lump sum of €78,577.25, after which the rest was waived. Rabobank then registered the butcher negatively in the BKR system with three negative registrations. These were A, 2 and 3 codes. Those negative BKR registrations would remain visible until March 2023.

Hindered by a negative BKR registration

In 2019, the butcher ran into these negative BKR registrations. In the meantime, he opened a new, thriving butcher shop. With the new, stable situation, he wishes to purchase his own home. He was living in a rented house that was too small with his daughters. He was unable to obtain a mortgage because of the negative BKR registrations in his name. The butcher therefore knocked on Dynamiet Nederland's door to investigate the possibilities of removing the negative BKR registrations.

Rabobank holds its ground

As a result of Dynamite Netherlands' investigation, it concluded that the negative consequences of the BKR registrations were no longer proportionate to the circumstances that had occurred. Dynamite Netherlands argued extensively why the BKR registrations should be removed. Rabobank's BKR Desk did not want to cooperate in the complete removal of the negative BKR registrations. Rabobank Nederland's Complaint Service also refused to grant the request. The butcher, together with Dynamiet Nederland, therefore decided to go to court.

Going to court

Dynamiet Nederland filed a petition with the court on behalf of the butcher and asked Rechtbank Midden-Nederland to order Rabobank Nederland to completely remove the negative BKR registrations from the BKR system. On November 17, 2020, the court hearing took place, where the butcher was represented by Dynamiet Nederland's trial lawyer.

Judge's ruling

Central District Court finds that the negative BKR registrations must be removed. Further enforcement of the negative BKR registrations are not proportionate.

First of all, the loss of the butcher's business and thus the creation of the debt was not the butcher's fault: there was no bad entrepreneurship or financial mismanagement. Rabobank also saw salvation in the butcher's plans. Therefore, the fact that the butchery did not get off the ground seems to have been a major failure that was not due to entrepreneurial qualities.

Second, the butcher's financing wishes are not unreasonable or unrealistic: he needs to invest in his growing business and his apartment is too small due to his current family composition. In this regard, the financial situation is arguably stable. In addition, the court finds that the circumstances give no reason to assume that future lenders should be warned about the butcher's payment behavior, in addition to the test they already have to perform when applying for financing. The negative BKR registrations should therefore be removed immediately.

The court orders Rabobank to remove the registrations within two weeks, subject to a penalty payment. It also orders Rabobank to pay the butcher's legal costs.

Meanwhile, the negative BKR registrations have been completely removed and Butcher is fully engaged in purchasing his dream home.