A listing with the Credit Registration Office (BKR) for a debt already repaid of € 317.63 may not be a reason for not being able to obtain a mortgage. This is apparent from a recent judgment of the Midden-Nederland District Court in summary proceedings. Debt collection agency Astro Finance – which took over the customer’s Neckermann Debt – was forced by the sub-district court to cancel the BKR listing.
The former Neckermann customer in question wanted to buy a property in Rotterdam with her partner at the end of last year. To finalize the financing, the woman was twice postponed with regard to the financing reservation, with the deadline of 8 February 2018. When making the mortgage application at Rabobank, it turned out that a credit had been outstanding with the Neckermann. Based on this, the mortgage application with the bank was rejected.
The woman in question did not leave it at this and submitted a request to the collection agency to cancel the BKR listing, so that she could still apply for a clean mortgage. The request asks for the BKR listing to be removed before 8 February 2018. The collection agency does not respond to the request of the woman after which she goes to court.
Disproportionate and unreasonable
During the hearing, the subdistrict court judge pointed to the fact that the Personal Data Protection Act (Wbp) applies to the BKR registration. The court ruled that the principles of proportionality and subsidiarity must be met for every data processing, based on an earlier Supreme Court ruling and legislative history. “In the opinion of the Supreme Court, this means that the violation of the interests of the data subject must not be disproportionate in relation to the purpose to be served with the processing, and that this purpose cannot reasonably be attributed to another, less harmful to the data subject. achieved in this way. ”
Credit Registration Office
The collection agency believes that the weighing of interests should be to the disadvantage of women, and that the BKR registration should remain. The collection agency points to the regulations of the BKR. It states that such a registration must be maintained for 5 years after the end date of the credit. In the case of the woman in question until August 21, 2022. The collection agency also points out to the court that the woman has been in debt restructuring until the credit agreement has been terminated. They believe that financial providers should be made aware of this and that the woman should be protected against over-crediting.
No special circumstances
The fact that the woman’s partner has a good income is, according to the collection agency, no reason to assume that the woman’s financial situation is stable. “After all, this relationship can go by. Furthermore, there is no need for [plaintiff] and her partner to buy a home. After all, [Plaintiff] has a rental home and her partner has chosen to sell his own home. The purchase of a home is not a special circumstance on the basis of which the BKR registration should be removed. ”
Delete BKR registration
The subdistrict court does not agree with the collection agency. This states that the collection agency must ensure that the BKR listing must be removed by 7 February 2018 at the latest. “It is certain that [plaintiff] had a problematic debt situation in the past and that the negative BKR registration was rightly done at the time. On the other hand, [plaintiff] has undergone a successful WSNP process and that she has been given a clean slate, which means that [plaintiff] can demonstrably take her responsibility financially (…). Furthermore, the [plaintiff] has stated, without being contradicted, that when she became aware of the BKR registration she immediately contacted Astro Finance and paid the debt, even though she was not obliged to do so due to the aforementioned clean slate. ”
The small amount of the repaid Neckerman debt is one of the factors the court points out in its judgment. “In this regard, the preliminary relief judge also takes into account the uncontested claim of [plaintiff] that their joint income amounts to € 66,000.00 and that that is more than sufficient for a mortgage loan of € 212,500.00. Astro Finance is not followed in its proposition that a mortgage loan can also be obtained with a credit card registration, because it is generally known that a negative credit card registration entails that it is difficult or impossible to obtain a mortgage loan from banks, at least that this is only possible on very unfavorable conditions. ”
Backlog wiped off the table earlier
The case of this Neckermann backlog is not the first time the court wipes a BKR registration. In an earlier case, where there was also a relatively small payment arrears with the H&M (€ 350), the court also ruled that this should not be an obstacle to obtaining a mortgage.