A herstelcodering with the BKR (Bureau Krediet Registratie) is an important step in restoring your creditworthiness.
After you have fully cleared a payment arrears, the credit provider has a duty to place a herstelcodering. This signal informs other credit providers that the payment issues have been resolved. Still, obtaining a herstelcodering does not always go smoothly. In this article you will read when you are entitled to a herstelcodering, how the process works and what you can do if the credit provider does not record it in time.
What is a herstelcodering? A herstelcodering, also called H-codering, is a notation in the BKR register indicating that a previously registered payment arrears has been fully cleared. The herstelcodering is placed alongside the original negative code and shows that the situation has been remedied. It is a positive signal demonstrating that you ultimately met your financial obligations.
Placing a herstelcodering is the responsibility of the credit provider. As soon as you have fully cleared the arrears, the credit provider is obliged to submit a recovery notification to the BKR within four weeks. In practice it sometimes takes longer before the herstelcodering is actually visible in the register, which can be frustrating if you are rejected for new credit in the meantime.
When are you entitled to a herstelcodering?
You are entitled to a herstelcodering as soon as you have fully cleared the payment arrears. This applies both to situations where you paid the arrears in one lump sum and to situations where you agreed a payment plan and complied with it in full. The moment the arrears is cleared determines when the herstelcodering must be placed.
Upon full repayment of the arrears If you pay the entire overdue amount in one go, the credit provider must place a herstelcodering within four weeks after receipt of the payment. It is advisable to retain proof of payment so you can demonstrate when the arrears was cleared. This proof is essential if the credit provider fails to place the herstelcodering in time.
Upon successful completion of a payment plan If you have agreed a payment plan with the credit provider and you have paid all instalments under that plan, the credit provider must also place a herstelcodering. The relevant placement moment is when the final instalment has been paid and the arrears is thereby fully cleared.
Upon finale kwijting In some cases a payment arrears is concluded with a finale kwijting (full and final settlement). This means you agree with the credit provider that you pay part of the outstanding amount and the credit provider remits the remainder. In case of finale kwijting the credit provider must also place a herstelcodering, although the original negative code remains visible.
What changes due to a herstelcodering? A herstelcodering improves your position but does not undo the original negative code. Other credit providers will see both the original negative code and the herstelcodering in the BKR register. The presence of a herstelcodering is a positive signal for many lenders and may factor into their decision whether to grant you new credit.
The effect of a herstelcodering varies by credit provider. Some institutions apply strict policies and reject any application where a negative code exists, whether or not a herstelcodering has been placed. Other institutions make a more nuanced assessment and treat the herstelcodering as a positive element. For mortgage applications the influence of a herstelcodering is mixed, but it can certainly work in your favour.
How long does a herstelcodering remain visible? The herstelcodering and the associated credit registration remain in the BKR register for up to five years after the end of the credit. If the credit was terminated when the arrears was cleared, the registration is removed five years after that date. If the credit continues after the arrears has been cleared, the registration is removed five years after the eventual termination of the credit.
This retention period is often experienced by consumers as long, especially where the arrears was minor and quickly remedied. In exceptional cases a court may decide that the registration period must be shortened if it is disproportionate. A lawyer can assess whether there are grounds in your situation to request a shorter retention period.
What if the credit provider does not place a herstelcodering? In practice it regularly occurs that credit providers fail to place the herstelcodering or do not do so in time. Causes may include administrative delays, disputes about the exact amount paid, or disagreement over whether the arrears has in fact been fully cleared. The absence of a herstelcodering when you are entitled to one can seriously disadvantage you.
Step 1: Contact the credit provider
The first step is to contact the credit provider in writing and request that a herstelcodering be placed after all. Attach evidence showing the arrears has been fully cleared, such as bank statements or a receipt. Set a reasonable deadline within which the credit provider must respond, for example two weeks.
Step 2: File a complaint
If the credit provider does not respond or refuses to place the herstelcodering, you can file a complaint with the provider’s internal complaints department. If this also yields no result, you can lodge a complaint with Kifid (Klachteninstituut Financiële Dienstverlening). Kifid has, in multiple decisions, ordered credit providers to place a herstelcodering where the consumer could demonstrate the arrears was cleared.
Step 3: Legal proceedings
If Kifid does not provide a solution, you can start court proceedings. In a kort geding (summary preliminary injunction proceedings) you can seek an order requiring the credit provider to place a herstelcodering within a specified period, if necessary subject to a penalty (dwangsom). The court can also award damages if you suffered loss due to the absence of the herstelcodering.
Difference between a herstelcodering and full removal
It is important to understand the distinction between placing a herstelcodering and full removal of the BKR registration. A herstelcodering leaves the original negative code intact but adds a positive signal. Full removal means the entire registration, including all codes, is deleted from the BKR register.
Full removal is a more far-reaching measure that is only feasible in specific cases, for example in case of an unjustified registration or disproportionate consequences. In most cases it is more realistic to aim for a herstelcodering than for full removal. A lawyer can advise which route is most promising in your situation.
Tips for a smooth recovery process
To ensure the placement of a herstelcodering goes as smoothly as possible, it is wise to observe some practical tips. Always keep proof of your payments, preferably bank statements showing the exact amounts and dates. Ask the credit provider for written confirmation that the arrears has been fully cleared. After four weeks, check your
BKR overview to verify whether the herstelcodering has actually been placed. And in case of delay, contact the credit provider immediately to expedite the process.
The importance of documentation in the recovery process
Good documentation is essential for obtaining and enforcing a herstelcodering. Always keep all proof of your payments, including bank statements, receipts and written confirmations from the credit provider. If you agree a payment plan, request a written agreement setting out the plan’s terms, including the total amount, the number of instalments and the point at which the arrears is considered fully cleared.
Documentation is important not only for obtaining the herstelcodering but also in case you later need to conduct an objection or court procedure. Without proper evidence it is difficult to prove that you fully cleared the arrears and that you are entitled to a herstelcodering. By documenting carefully from the start, you protect your position for any future disputes.
The influence of a herstelcodering on your future creditworthiness Although a herstelcodering improves your position, it is important to have realistic expectations about the effect on your future creditworthiness. The herstelcodering shows that you ultimately complied with your obligations, but the original negative code remains visible. Credit providers make their own assessment of the significance of this combination of codes.
In practice, different credit providers treat a herstelcodering in varying ways. Some institutions consider a remedied arrears a positive signal that places your creditworthiness in a more favourable light. Other institutions look primarily at the original negative code and attach less weight to the herstelcodering. It can therefore be useful to inquire with multiple credit providers about their policy on remedied registrations.
Situations in which a herstelcodering is not sufficient
In certain situations, placing a herstelcodering is not sufficient to resolve your financial issues. If the original registration itself was unjustified, it is more effective to aim for full removal of the registration rather than only a herstelcodering. A fully removed registration is no longer visible to credit providers and therefore has no negative effect on your creditworthiness.
Whether full removal is feasible depends on the specific circumstances. If the registration was factually or procedurally incorrect, removal is the most logical route. If the registration was justified in itself but has since become disproportionate due to changed circumstances, removal may also be appropriate. A lawyer can assess which route is most promising and effective in your case.
Subsidised legal aid
If you encounter problems obtaining a herstelcodering and your income is limited, you may be eligible for subsidised legal aid. The Raad voor
Rechtsbijstand (Legal Aid Board) issues toevoeging (legal aid certificates) under which the government pays most of the lawyer’s fees. You then pay only a limited personal contribution. This makes legal assistance accessible even if your financial means are limited.
Legal assistance with herstelcoderingen
Obtaining a herstelcodering seems straightforward but can encounter obstacles in practice. A specialised lawyer can help you press the credit provider, draft objections and, if necessary, start proceedings. With the right legal support you can ensure that your BKR registration accurately reflects your financial situation.
Are you entitled to a herstelcodering but it is not being placed? Contact us for a no-obligation consultation. We will assess your situation and take the right steps to ensure your BKR registration is updated.
Read also
- Unjustified BKR registration: step-by-step plan for removal
- Negative BKR codes explained
- BKR registration after a payment plan
- Insurance law lawyer
