Many people who have successfully completed their debt counseling or WSNP trajectory (Debt Restructuring for Natural Persons Act) are shocked to discover that they still have a negative BKR-registration. Although their debts have been resolved, the registration often remains visible for years. This hinders new opportunities – such as buying a home or starting a business. Yet a registration cannot simply remain. In many cases, it can be removed or shortened. Arslan Lawyers explains how this works legally.
Why does a BKR registration remain after WSNP or debt aid?
When you are admitted to a voluntary or legal debt restructuring program, lenders report this to the Credit Registration Bureau (BKR). During the trajectory, the SR-coding is usually placed (debt restructuring scheme). After you have successfully completed the trajectory, this is replaced by an RH-coding (recovery after restructuring). That RH code is standard five years visible, counted from the date of termination.
The idea behind this is that lenders want to have picture of recent financial problems. But that reasoning should not be applied automatically: according to case law and the GDPR, it must be examined per case whether such a long-term registration is still necessary and proportional.
When may a registration remain?
A registration may only be maintained if the lender demonstrates that there is still a real risk that you will get payment problems again. In all other cases, the registration must be removed or shortened. The bank or lender is obliged to:
- make an individual balance of benefits;
- assess your current financial situation;
- involve your viewpoint in the decision to maintain the registration.
What do judges and the KiFiD say about this?
The trend in case law and with the KiFiD is clear: banks and lenders may not automatically register five years after completion of a WSNP or debt aid program. They must demonstrate that the registration still serves a purpose. If not, the registration must be removed.
The Data Protection Authority has also confirmed that long-term registrations may violate the principles of data minimization and proportionality from the GDPR.
When can you ask for removal or shortening?
You can request removal or shortening of your BKR registration after WSNP or debt aid when:
- you have completed your debt restructuring program with a clean slate;
- you manage your finances stably since completion (stable job, no new debts);
- the registration hinders your recovery (e.g., mortgage application);
- the lender did not make a balance of benefits or has motivated it badly.
In those situations, you can submit a motivated request to remove the registration or shorten the duration. If this is rejected, you can object through a lawyer or go to the KiFiD or the judge.
How does the procedure work?
- Request your BKR overview via bkr.nl and check which codings have been placed (usually SR and RH).
- Submit a written request to the lender for removal or shortening, referring to your stable financial situation and relevant case law.
- Is this rejected? Engage Arslan Lawyers to object or bring the matter to court.
- Possibly appealing to the KiFiD if it involves a bank or finance company under their supervision.
BKR after debt counselling: difference between municipal and WSNP processes
With municipal debt counselling (amicable process), the registration is usually placed by the lenders involved themselves. With WSNP, this usually happens automatically after admission to the statutory scheme. However, the effect is the same: SR during the process, RH afterwards. In both cases, a registration may not remain indefinitely if there is no longer any risk.
Common mistakes by lenders
- no balance of benefits made after completion of WSNP;
- maintain registration despite long-term stable situation;
- unclear or incorrect indication of RH-code end date;
- rejection without motivation (conflict with GDPR).
What can Arslan Lawyers do for you?
- We check whether your registration is still lawful;
- We submit a motivated removal request to the bank or lender;
- We refer to recent rulings and legal grounds (GDPR, proportionality, right to forget);
- We carry out – if necessary – a procedure with the judge or the KiFiD;
- We try to recover the costs from the institution, so that the legal assistance is free of charge for you.
Frequently Asked Questions about BKR and WSNP
How long does an RH-coding stay?
Standard five years after completion of the WSNP, but that term can be shortened if your financial situation is stable.
Can I have my BKR registration removed after WSNP?
Yes. If the registration is no longer necessary or is being maintained unjustly, you can request removal through a lawyer.
Should I wait until the five years are past?
No. You can submit a request immediately after completion of the trajectory, especially if you have financially recovered and the registration is hindering you.
What is the cost of legal aid?
In many cases, we can recover the costs from the lender. You then pay nothing for our assistance.
Questions or need advice? Feel free to contact Arslan Lawyers. We assist you in the removal or shortening of your BKR-registration after debt aid or WSNP.
