Our client took out a small loan from Neckermann in 2010. Until moving from her parents' home to her new home in July 2016, client made neat payments. Subsequently, arrears accumulated. Reminders were sent to the old address. Our client was reminded in the amount of €72. Finally, the credit was cancelled and the entire remaining debt (€165.47) was made due. Within a very short period the payments were made and the problem was solved.
A2 coding
At least, that's what client thought. Vesting Finance had registered client with an A2 code. Therefore, we asked Vesting Finance to remove the BKR registration based on a balancing of interests. Vesting Finance refused to do so.
Letter never received
The court considered that the registration should be removed. While there was a backlog, our client explained that it was because of the move. She never received a letter at the correct address, so she was never notified of the arrears. In addition, our client contacted Vesting Finance within a few months, made a payment arrangement and paid the entire loan. Furthermore, Vesting Finance did not suffer any loss due to the arrears and there was no long-term arrears.
In conclusion
Under these circumstances, the court considered, our client's personal interests are disproportionately affected by the BKR registration. Therefore, the required balancing of interests must be in her favor.
Vesting Finance must remove the registration within two weeks and pay all litigation costs.
Open the verdict