Specialized agency warns of consequences of new BKR registrations
TIEL/ZOETERMEER - Thousands of Dutch people who do go into the red on their bank accounts may, in the future, get a negative BKR registration due to moving or forgetfulness, after which they will no longer qualify for a mortgage or loan.
Being in the red at BKR
Contrary to the claims of banks and the Bureau Krediet Registratie (BKR), the new rule to also register consumers who are allowed to stand in the red for 250 euros as of December 1 could have huge consequences.
This is what Dynamite Netherlands, a specialized agency that helps thousands of Dutch people get rid of their justified and unjustified BKR registration every year, warns. With the rule, millions of bank customers suddenly get a BKR registration, even if they are not in the red. The BKR argues that this is only a paper measure. Moreover, these are positive registrations, which indicate good payment behavior.
However, that can change very quickly, according to Dynamite. Someone with a maximum of 250 euros in debt must pay a monthly instalment of 6 or 7 euros. Anyone who forgets to transfer that amount twice can get a negative report with the BKR. Moreover, the bank can then withdraw the limit and claim the entire debt. This is reported to the BKR and then someone gets the heavier code A2 behind his name. That negative registration then remains for five years, making taking out a mortgage or loan practically impossible.
''Millions of people are now at great risk without realizing it. Of those millions, there will be thousands who are not paying attention for a while, have moved or are in divorce. They won't notice that they are a few euros behind on their payments and they will be screwed. All it takes is two months of not paying attention and you have a negative BKR registration with the BKR. And once you have that, you don't get rid of it just like that," states Mr. Marijn Knol. Lawyer at Dynamite Netherlands. ,,It is often about low arrears on low credit. We therefore find the consequences of such a registration disproportionate almost by definition."
Negative registrations for low amounts
There is now a threat of a boom in negative registrations for relatively low amounts, when it is not even legally allowed. Dynamite Netherlands points to a Supreme Court ruling from 2011 . This shows that financial institutions must always weigh up the interests at stake before reporting a defaulter to BKR for negative registration.
This case involved a Santander customer who, after nine years of faithful credit repayment, failed to pay a 20 euro arrears and, due to a move, did not receive the letters and reminders. This ultimately prevented him from taking out a mortgage. The bank automatically registered him with the BKR, but that is disproportionate, according to the Supreme Court. The ruling has already led to the undoing of negative BKR registrations in numerous court cases.
"What the District Court, the Court of Appeals and lastly the Supreme Court are arguing is that you can't blindly put a coding behind a registration. You must first look at what is going on," Knol explained. ''Only if you think it's justified may you place the code. The problem is that these registrations for small amounts are automatically transmitted by computer and nobody ever makes that balancing of interests. Especially if it's a few euros, banks and lenders will never do that because it costs too much. This way of working is against the law and should actually be changed."
Author: André Oerlemans
ANP Press Support