Request for BKR removal rejected: which next step should you take?

Your bank or lender has rejected your request to have your BKR registration removed (BKR is the Dutch central credit registration office). That does not have to be the end of the matter. The right next step depends on the reason for the rejection, your earlier request and the evidence available. Check the date on which you received the decision straight away. A six-week time limit may apply to a petition under Article 35 of the Dutch GDPR Implementation Act (UAVG).

Responsible attorney: Onur Arslan, Arslan Advocaten. Content updated on 21 September 2026.

First read why your request was rejected

A BKR dispute can concern different questions. Sometimes the registration is factually incorrect. Sometimes a required prior warning is missing; in that case, read what you can do about a BKR registration without a warning. In other cases the data are correct, but in your view the consequences of keeping the registration in place are too severe. Each of these grounds calls for a different response.

Compare your request with the reply. Did the lender respond to the specific code, the error you pointed out and your current circumstances? Does it state why continuing the registration is necessary? Reasoning that merely refers to the standard retention period does not in itself answer your individual objections. Conversely, the mere fact that you want a mortgage is not enough to compel removal either.

More on the distinction between incorrect data and a balancing of interests can be found in our step-by-step plan for BKR correction and removal.

Distinguish between correcting a code and early removal

In a request for correction you argue, for example, that an A2 code or end date has been recorded incorrectly. You then need to substantiate what actually happened to the credit. Was the debt actually called in? Is the registered repayment date correct? A balancing of interests is no substitute for investigating errors of this kind.

In a request for early removal the history may well be accurate, while you are asking for the current consequences to be weighed differently. Keep these lines of reasoning separate in your response. You may put forward several grounds, but make clear for each ground which data, circumstances and outcome you mean. This prevents the lender from responding solely on technical accuracy when you also objected to the registration remaining in place.

When does a supplement or reassessment make sense?

A supplement can be useful if an important document was missing or the lender made a demonstrable error. Think of proof of payment, an incorrect end date or a mortgage rejection that was not yet available. Specify exactly which part of the decision should be assessed differently as a result.

Materially changed circumstances can also justify a new request. A longer period without payment problems in the meantime may, for example, be relevant. Simply repeating the same letter without new substantiation usually offers little to work with. Moreover, a new request does not automatically undo an expired procedural time limit for the old decision.

What if the bank does not respond to your BKR request?

First establish when the lender received your request and whether it asked for additional identification or clarification. Where the GDPR applies to a request, the organisation must in principle inform you within one month of the action taken on the request. A necessary extension because of complexity or the number of requests must be notified, with reasons, within that month. The extension may be two months. See Article 12 GDPR.

No reply does not amount to consent to removal. Send a written reminder enclosing your original request and the acknowledgement of receipt. At the same time, have it assessed which legal remedy is available and what consequences the missed deadline has for procedural time limits. An automatic acknowledgement of receipt is not the same as a decision on the merits.

Which route suits your situation?

Route	When to consider it	Key point of attention
Supplement or internal complaint	An error or missing evidence can still be remedied	Monitor any court time limits at the same time
Kifid	Your complaint and the financial service provider fall within Kifid’s jurisdiction	Check the time limit for complaints and the choice of binding advice
Petition under Article 35 UAVG	You want the district court to review a decision on your GDPR request	The six-week time limit and the content of the earlier request are decisive
Interim relief proceedings	A specific urgent situation cannot wait for ordinary proceedings	Urgency, the correct legal remedy and litigation risk must each be assessed separately

There is no fixed order in which you must always go to Kifid first and to the court afterwards. The routes have different conditions and can affect each other’s options. Coordinate your choice before you start any proceedings.

When does the six-week time limit apply?

Article 35 UAVG gives access to the district court in respect of a decision by a private controller on certain GDPR requests. Where a reply was given in time, the petition must in principle be filed within six weeks of receiving it. The law contains an exception where no reply was given within the time limits of Article 12(3) GDPR. The exact correspondence and dates of reply are therefore important.

This is not a general time limit for all BKR cases. A complaint to Kifid, interim relief proceedings and other claims have their own conditions. Nor is an internal reconsideration a safe reason to let the six weeks expire. Article 36 UAVG contains a specific rule for, among other things, mediation or advice from the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) requested in time. You cannot bring every complaints procedure under that rule without investigation. See Articles 35 and 36 UAVG.

If in doubt, have both the original removal request and the full reply assessed. Also keep the email showing the sending and receipt details. A general reference to the date at the top of a letter may not be sufficient to establish when the time limit started.

What should you know before going to Kifid?

Kifid, the Dutch Financial Services Complaints Tribunal, deals with eligible disputes between consumers and financial service providers. In principle you must first go through the internal complaints procedure. Then check whether the provider is affiliated, whether your complaint is admissible and within what time limit you must submit it. For the consumer procedure before the Disputes Committee you pay no complaint fee; your own legal assistance may, however, involve costs. See Kifid’s explanation of the procedure.

Pay attention to the choice of binding advice. After a binding ruling you cannot simply have the dispute fully reassessed by the court. The court reviews binding advice only to a limited extent. With non-binding advice the position is different. Any appeal within Kifid is again a separate route with its own conditions. Read the difference between binding and non-binding advice.

Why does repayment not resolve every rejected BKR request?

If you have paid everything, check whether the actual end date has been processed correctly. BKR explains that, in the normal situation, data remain visible for another five years after a credit has been repaid. That retention period explains why proof of payment alone does not always lead to early removal. See BKR’s explanation of the retention of credit data.

A rejection must then be assessed in the light of your specific request. How long ago were the problems? Was there full payment, or an arrangement involving debt forgiveness? What other obligations are still running? Answer these questions honestly and with documents. Special forms of credit or a debt management process may also call for a separate assessment of the applicable rules.

How do you demonstrate financial stability after payment problems?

A recent payslip shows an income, but not yet the full financial picture. Draw up an overview of fixed expenses, current credits, payment arrangements and savings buffers. Use relevant documents to show that your current situation has been manageable over a meaningful period. With fluctuating self-employed income, a longer period may be needed to understand the picture.

Also explain what caused the old arrears and why a repeat is now less likely. Think of recovery after a loss of income or structurally lower housing costs. Do not create a favourable overview by leaving out another debt: an incomplete file may actually raise doubts. A lawyer can help determine which information is relevant and what explanation is needed.

Which documents support your request?

A useful file shows what went wrong in the past, what has changed since and which specific interest is affected now. Therefore gather:

• An up-to-date BKR overview showing the codes and relevant dates.

• The credit agreement, payment arrangements and proof of repayments.

• Your earlier request, the rejection and proof of receipt.

• A substantiated overview of income, fixed expenses, debts and reserves.

• Documents on the cause of the arrears and the recovery of your situation.

• Evidence of the current disadvantage, such as a mortgage rejection or a specific urgent housing need.

Submit relevant documents and explain what they demonstrate. A pile of bank statements without explanation makes it harder to assess your financial stability. A wish to obtain a mortgage must also be linked to your actual housing need and the other circumstances. See also BKR and your mortgage application.

What if your mortgage deadline is approaching?

A financing condition or a completion date can create urgency, but it does not guarantee removal. The court also assesses the substantive grounds. At the same time, discuss with your mortgage adviser or estate agent what options exist to limit contractual risks. Removal proceedings do not extend your financing condition. Read more about interim relief proceedings for BKR removal.

How do you substantiate a mortgage interest or urgent housing need?

Ask your mortgage adviser to record in writing which credit data item is causing the problem and which financing seems feasible without that obstacle. In addition, make your housing need concrete. A desired move after a divorce, an unsuitable home or a changed family situation calls for different substantiation than the wish to live more cheaply.

Only include documents that reflect your own situation and also mention alternatives you have explored. A signed purchase agreement does not in itself give a right to BKR removal. For urgent proceedings, both the urgency and the substantive grounds matter. Coordinate the legal planning with the financing condition, without assuming that the outcome will be settled before the deadline.

How do you word a response to a standard rejection?

Start with the date of the decision and identify which specific points have remained unanswered. Then respond to each ground for rejection. Write, for example, that the lender does refer to the retention period, but does not explain what weight was given to the proof of repayment and current financial overview you enclosed. Ask for that individual reasoning.

A useful response links every assertion to a document and ends with a clear request: correction of a data item, removal of a particular code or a new balancing of interests. Also ask whether the lender maintains its earlier decision. Meanwhile, keep track of the procedural time limit that is already running; waiting for a more detailed explanation must not unintentionally restrict your access to the court.

Assessing a rejection in a targeted way

Ask which facts and interests the lender took into account and which documents it considers to be missing. Determine whether the rejection concerns the accuracy of the registration or the necessity of keeping it in place. Do not simply repeat the same request without addressing the reasoning.

New payment stability, a concrete financing application or demonstrable errors can justify a more targeted request. Kifid and the court have their own conditions and time limits. Have these assessed before you choose a route.

Also read about Kifid or the court and compensation for an incorrect BKR registration.

Practical example: what difference does a new enclosure make?

Suppose your first request contained only proof of repayment and the bank found your current financial stability insufficiently substantiated. A new response could then include a financial overview covering a longer period, with an explanation of fixed expenses, other obligations and the cause of the recovery. State exactly which missing point that overview addresses. A single new document is less useful if it remains unclear what it proves. This example says nothing about the outcome of an individual application and does not affect a procedural time limit that is running.

Is your request related to a completed debt scheme? Then also read BKR after a debt scheme or statutory debt rescheduling (WSNP). SH, SK and the codes used by individual lenders may call for a different assessment.

Frequently asked questions

Do I need to instruct a lawyer for a UAVG petition?

Article 35(4) UAVG provides that the petition does not have to be filed by a lawyer. Legal assistance can nevertheless be valuable regarding the legal basis, calculating the time limit and gathering evidence. Other rules may apply to other proceedings.

Will my registration become temporarily invisible if I object?

Do not assume so. Submitting a request or complaint does not remove the registration. Whether restriction of the processing of the data is possible requires a separate assessment.

Can I recover all my legal fees if I win?

Not automatically. An order to pay the costs of the proceedings often does not cover all costs actually incurred. Discuss the rate, additional costs and any options through insurance or subsidised legal aid in advance.

Can I have an A2 code removed after the bank has said no?

A rejection does not rule out a new assessment. Investigate whether the code is correct and whether your arguments about the consequences have been addressed on the merits. Whether a complaint or proceedings are available depends partly on the earlier request and the time limits. An A2 code is neither removable nor unassailable from the outset.

Can I send the same BKR letter again after a rejection?

You can, but without new facts or a specific error, repetition usually achieves little. Moreover, a repeated request does not automatically remedy a missed procedural time limit. State what has changed in substance and have it assessed in good time which decision you can still respond to.

Does full repayment help if my BKR request has been rejected

Repayment is relevant and must have been processed correctly. It does not automatically mean that historical credit data disappear immediately. In addition to the proof of payment, explain your current situation, the time that has passed and the specific disadvantage. In the case of debt forgiveness or a debt management process, a different factual and legal assessment may be required.

Can I go straight to court without using Kifid first?

Kifid is not a mandatory intermediate step in every case. Which judicial route is available depends on the nature of your request. Check this before you opt for binding advice, because that choice may have consequences for later review by the court.

How much does it cost to challenge a rejected BKR request

That depends on the work involved and the route chosen. Ask separately about file review, correspondence, court fees and legal representation in proceedings. Also discuss the risk of an order to pay the costs of the proceedings and any cover or subsidised legal aid. A fixed amount quoted without knowledge of the file says little about the total costs.

May I submit a BKR removal request on behalf of my partner?

Yes, with an appropriate authorisation and provided reasonable identification requirements are met. A registration is in the name of the data subject. In the case of a joint mortgage, also explain your partner’s own interest; a request concerning your registration does not automatically remove your partner’s data.

Will I automatically get a mortgage if the BKR code disappears?

No. The lender also assesses income, expenses, other debts and its acceptance criteria. Ask your adviser to investigate in advance whether the BKR code is really the decisive obstacle. Removal and approval of the mortgage are separate decisions.

Have the rejection and the time limit assessed

Arslan Advocaten can examine your rejection and determine with you which next step makes sense. When you contact us, state when you received the decision and whether a specific deadline is running. On our page Removing a BKR registration you will find more information about our assistance. You can also contact us directly.

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