Dynamite battles ING over BKR registrations

Removing a registration prematurely can be based on a so-called "balancing of interests. Pursuant to the AVG and a ruling by the highest court in the Netherlands, lenders are obliged to weigh up your interests. This means balancing your interests against the interests of the lender who reported the registration to the BKR.

It looks at what happened in the past, how someone is doing financially and why someone wants to get rid of the registration. The lender weighs the impact of the BKR registration on the consumer against the purpose of the registration: to protect. In short, if your interest (buying a house) outweighs that of the lender (protecting), they should remove the registration.

This service is completely free of charge for people earning up to €29,400 per year. For people who earn more, we assess the costs we charge on a case-by-case basis. We try to keep these as low as possible. We also tell you in advance what it will cost. No nasty surprises afterwards. So you know exactly where you stand.

We do this because this income group is doubly duped. They are often unable to pay any legal fees, even though they can suffer greatly from unjust or unreasonable coding. We want to help these people. And force ING to deal better with anyone who has a BKR registration because of them.

No. Dynamite conducts proceedings for people below an average income entirely at its own expense. We find ING's conduct so reprehensible that we feel morally obliged to do so.

We want to make a fist against ING because they are much more unreasonable and register many more customers than other Dutch banks. The impact on the victims is huge. They cannot continue to improve their lives. Dynamite believes that ING should not be allowed to get away with this abuse of power. This must stop.

Willem (not his real name) struggled through the loss of an unborn child in 2015. Willem was self-employed, but he was temporarily unable to work due to circumstances. Payment arrears arose on Willem's business credit with ING Bank. Eventually, the bank reported a negative registration with the BKR.

Over time, things improve for Willem. He decides to quit his business and enters salaried employment as a financial advisor. He, like his partner, has been in permanent employment since 2016. Willem ensures that the entire debt to ING of about 75,000 euros is repaid. For five years, the payment arrangement with ING is perfectly respected. ING Bank does not suffer a single cent in damages in the end.

The home where Willem and his partner live was purchased in 2007; Willem was still on his own at the time. Now that everything is back on track, the couple's desire is to enlarge the home with an extension. This would allow an additional children's room to be built. To realize this, the mortgage needs to be modified. But because of the negative registration, the couple cannot adjust or refinance the mortgage.

William turns to ING Bank in 2020 with his BKR problem. From that period on, the bank has been obstructive. Despite the fact that the Amsterdam couple is now very financially stable.

ING Bank refuses time and again to remove the registration. Together with his legal counsel, Willem filed a lawsuit in 2021. Despite everything, the Amsterdam court rules in favor of ING Bank. Legal Aid thinks it has no chance of success on appeal. Dynamite Netherlands thinks it has a chance. With a powerful petition, the battle continued. The Amsterdam Court of Appeal made short shrift of ING's conduct and obliged ING Bank to remove the BKR registration immediately. After more than seven years, Willem finally regained his financial freedom and was able to realize his dream house. Meanwhile, Willem and his partner are expecting another child.

This story has yet to be published.

During the financial crisis, the one-man business of Ronald (not his real name) from North Holland runs into financial difficulties. After the death of his wife, he raises his three minor children alone. When arrears subsequently arise on his loan, ING claims that debt in full. In 2012, he agreed with the bank on a payment plan for the outstanding debt of nearly 25,000 euros.

The man deliberately does not choose bankruptcy. To pay off his creditors, he continues his sole proprietorship. He also provides a stable income by working part-time as a physics teacher. In 2020, he pays off the last balance of the loan as agreed. A so-called A2 listing remains with the BKR. The code remains standard for up to five years after the last repayment.

Meanwhile, the man has a new partner with whom he lives in a rented house. They have to get out of that within a few months. However, taking out a mortgage is not possible because of the A2 registration. Waiting until the expiration date of the registration is not an option, as they will probably not be able to take out a mortgage because of their age. The man turns to ING to have the code removed, but in vain.

ING did not want to budge, but was called to order by the court. In the ruling, the court wrote: "If the registration is not removed, Ronald and his partner will have to dissolve their cohabitation agreement, then apply for a mortgage, and once that is complete, enter into a new cohabitation agreement. This effectively puts a mortgage lender in a worse position [...]. With this solution, the credit registration system misses the mark."

The court ordered ING to remove the registration within three working days and ordered it to pay a penalty of €1,000 for each day it did not comply.