The dispute
H&M has negatively registered client with an A2 code with the Bureau of Credit Registration (BKR). This prevents client from obtaining a mortgage. Dynamite then asked H&M to have the A2 coding removed. H&M agreed with Dynamiet that the A2 coding should be removed. Accordingly, H&M instructed the BKR to undo the registration. However, the BKR disagrees and blocks the removal of the registration.
The procedure
At the July 28, 2017 hearing, client demanded that the A2 coding be removed within 7 days. H&M did not appear at the hearing. After all, H&M also wants the A2 coding to be removed. Against H&M, who did not appear, default was granted.
The BKR was present at the hearing and presented reasoned defenses. The BKR does not want to proceed with removal. Removing a technically correct registration is not allowed, the BKR said.
The review
Balance of interests dictates that negative BKR coding should be removed from the Central Credit Information System. The consequences of the negative registration are far-reaching, plaintiff cannot get a mortgage loan as a result, while he has already sold his old home. The personal interest of the plaintiff outweighs the general interest of the BKR as the regulator of the register. The BKR must therefore remove the A2 coding.
BKR is condemned as an unequal party.
The decision
- The court orders BKR to remove the A2 coding as soon as possible, but within 7 days at the latest. Attached to this order is a penalty of € 1,000 for each day that BKR remains in default, with a maximum of € 50,000;
- The court orders BKR to pay the legal costs, estimated to date at € 1,309.22 on the client's side;
- The court orders BKR to pay the costs incurred after service of this judgment, being attorney's fees and costs of the writ.
