Wehkamp must remove justified BKR coding

A client of Dynamiet Netherlands wins summary proceedings against Wehkamp over a BKR registration of only a few hundred euros. As a result of this case, the Financieel Dagblad wrote an article.

What was going on

In 2010, client was registered to buy a bed on installment via Wehkamp, total cost: €450. Due to a relationship breakup, client moved out in mid-2010. His ex-partner would take care of the payments for the bed. Nothing proved less true, because in 2013 a collection agency came to client's door with an outstanding claim of € 652.60. Client paid off this debt in six months, but would remain negatively registered with the heavy A4 code for over five more years.

Because of the negative BKR registration, client could not get a mortgage. This caused enormous problems.

Client and his partner whom he has been with since 2011 wanted to get married and buy a house. They were enrolled in a new construction project and had to sign a purchase contract in early December 2017. For the purchase, they needed a mortgage, which they could not get with the negative BKR registration.

What did Dynamite do

Following letters and objections from Dynamiet Netherlands, Wehkamp weighed up the interests and concluded that the registration should be removed. Wehkamp would request the BKR to remove the registration, but due to the BKR's stricter standards, Wehkamp reversed its position and eventually ruled that the registration was justified and did not need to be removed. As a result of this reaction, it was decided to file emergency proceedings with the court in Zwolle.

What does the court find

The court finds that the registration should be removed. This is because there was no long-term arrears and the fact that Wehkamp did not properly address client about the outstanding debt until the summer of 2013. The payment obligation concerned a relatively low amount and was paid by client within a reasonably short period of time. In addition, client has a compelling interest and the court considers that this interest should outweigh the interest of registering negative payment experiences in the BKR system. The registration had to be removed within three days, otherwise Wehkamp had to pay a fine of up to €50,000.