Has an incorrect BKR registration led to extra costs or a rejected financing application? First request a correction and then have the potential damages claim assessed. Removal does not automatically mean that the lender must compensate all of the consequences you claim. Unlawfulness, damage and a causal link each require their own evidence.
Nederlands: Lees dit artikel in het Nederlands: Schadevergoeding door een onjuiste BKR-registratie
Türkçe: Bu makaleyi Türkçe okuyun: Hatalı BKR kaydı nedeniyle tazminat
Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
An error or a changed balancing of interests?
An incorrect arrears code, an incorrect amount, a mix-up of persons or a missing end date can be a factual error. Removal based on a balancing of interests is something different: the registration may initially have been justified and only later have ceased to be necessary.
Ask the lender to explain clearly why the registration is being amended and from what moment it was incorrect or no longer justified. The BKR overview and the underlying payment records help to establish the relevant period.
What damage have you actually suffered?
Keep mortgage rejections, interest rate offers, additional advice costs and other concrete supporting documents. Where possible, have it recorded in writing why the financing did not go ahead. A registration may be one of several reasons, alongside income, other debts or the property offered as security.
Compare the actual costs with the costs you would probably have incurred without the incorrect registration. Missing out on a home does not automatically entitle you to the full subsequent rise in its price. Your chances of obtaining financing and the other conditions must be substantiated.
GDPR and civil liability
Article 82 GDPR provides a framework for material and non-material damage resulting from a relevant infringement. An infringement alone is not the same as proven damage. Depending on the file, other civil-law grounds may also be examined. See the GDPR.
The Dutch Supreme Court (Hoge Raad) ruled on the GDPR legal basis and the balancing of interests in credit registrations in ECLI:NL:HR:2021:1814. That judgment does not mean that every negative registration is unlawful or automatically results in compensation.
Limit further damage and keep track of deadlines
Make a targeted request for rectification and report any new concrete consequences. Reasonable measures to limit your damage may be relevant. In addition, keep all correspondence for the damages claim and have the limitation period and complaint deadlines assessed.
Check any settlement regarding removal. A broad final discharge may also affect damages claims. Have it recorded which claims are and are not being settled before you sign.
Frequently asked questions
Will I automatically receive money if my BKR registration is removed?
No. The reason for the removal and the damage you can prove are decisive.
Can I claim additional mortgage advice costs?
This can be examined if those costs are reasonable and were caused by the incorrect registration.
Is a mortgage rejection sufficient evidence?
The reason for the rejection and the other financing conditions must also be clear.
What does Arslan need?
Your BKR overview, the registration and correction decisions, payment records, financing documents and proof of costs.
Read also about damage caused by a fraud registration and Kifid, the Dutch Financial Services Complaints Tribunal, or the courts.
Have us assess whether an incorrect BKR registration gives rise to a well-founded damages claim.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
