A client of Dynamite Netherlands wins a lawsuit regarding the removal of his BKR registration on the grounds of balancing interests.
Installment orders
In June 2016, client's then girlfriend placed some installment orders with Wehkamp. The total amount involved was €575. The payments were going well, until client and his then girlfriend separated. Client left the house where he lived with his then girlfriend. Client was under the impression that his ex-girlfriend would make the payments because it was her order.
Backlog coding
However, the girlfriend failed to do so, resulting in client being registered in the BKR system in February with an arrears code. When client became aware of this, he paid the entire outstanding amount at once to the collection agency that had since been engaged. The outstanding debt was a very low amount of only €66.24.
After several letters from Dynamiet Netherlands and objections filed, Wehkamp's collection agency, Vesting Finance which had since become the owner of the debt, did not want to remove the registration. Client therefore had to take the step to court.
Registration justified
The court ruled that the registration was rightly reported but should be removed based on the mandatory balancing of interests. The court reasoned that the arrears were paid immediately when he became aware of them. In addition, the arrears were very low and were quickly repaired. Since the registration would remain in the system until March 2022, the court found that the registration was not proportionate.
The decision
Furthermore, Client's interest was so great that the registration had to be removed within two weeks, otherwise Vesting Finance risked a fine of € 500 per day. In addition, Vesting Finance must reimburse client's litigation costs (€1,191).
Open the verdict