Having a registration removed with BKR, CIS or EVR is an urgent necessity for many people. A negative registration can restrict your financial life for years and hinder you in taking out mortgages, loans, insurance policies and even in opening a bank account. Fortunately, you are not powerless. There are various legal routes to have a registration removed. This article explains the available routes so that you can make an informed choice of the approach that is most promising in your situation.
The three levels of registrations
Before you can challenge a registration, it is important to know which register you are listed in. Each register has its own characteristics and the approach to removal may differ per register.
The Bureau Krediet Registratie (BKR) records credit data and payment arrears. An unjustified BKR registration can be challenged with the lender, with Kifid (the Financial Services Complaints Institute) or in court. The Incidents Register (Incidentenregister) is an internal register of individual financial institutions. The External Referral Register (Extern Verwijzingsregister, EVR) is the most serious register and is shared with all affiliated financial institutions. The severity of the consequences and the complexity of the removal process increase as the register becomes more serious.
Route 1: Objection to the financial institution
The first step to remove a registration is to file an objection with the financial institution that placed the registration. This applies to all types of registrations, whether BKR, the Incidents Register or the EVR.
How do you file an objection? Write a formal notice of objection in which you clearly set out why the registration is incorrect or disproportionate. Substantiate your objection with evidence and refer to the relevant regulations. Set a reasonable deadline within which the institution must respond. It is advisable to send the objection by registered mail, so that you can prove that the objection has been received.
Grounds for objection
There are various grounds on which you can object to a registration. The registration may be factually incorrect, for example because an administrative error was made. The registration may be procedurally incorrect because the institution did not follow the required procedures. The registration may be disproportionate in relation to the incident. The underlying claim may be disputed or time-barred. Or the registration period may be unreasonably long given the circumstances.
What can you expect? Financial institutions are often reluctant to remove registrations, particularly with
EVR registrations. It is not uncommon for a first objection to be rejected. Do not be discouraged by this. A rejection of the first objection does not mean that your case is hopeless. It may be necessary to escalate the matter to an external body.
Route 2: Complaint to Kifid
If the financial institution rejects your objection, you can lodge a complaint with the Financial Services Complaints Institute (Klachteninstituut Financiële Dienstverlening, Kifid). Kifid is an independent dispute resolver that handles complaints from consumers against financial service providers.
Advantages of Kifid
A Kifid procedure offers various advantages. The procedure is generally faster than court proceedings. The costs are limited and predictable. Kifid has extensive experience with registration disputes and has developed a consistent assessment framework. Moreover, Kifid can issue a binding decision that the financial institution must comply with.
The Kifid procedure You submit your complaint to Kifid in writing, with all relevant documents attached. Kifid first assesses whether the complaint is admissible. If the complaint is admissible, the financial institution is given the opportunity to respond. The disputes committee then assesses the case and issues a decision. In many cases, the case is decided on the basis of the written documents, without an oral hearing.
Route 3: Court proceedings
If Kifid offers no solution, if you disagree with the Kifid decision or if you prefer a judicial decision, you can start proceedings before the court.
Preliminary injunction (kort geding)
If there is an urgent interest, you can bring preliminary injunction proceedings. This is particularly relevant if the registration hinders you in the short term in a concrete way, for example in a pending mortgage application or an imminent termination of your banking relationship. The preliminary relief judge (voorzieningenrechter) can give a provisional ruling at short notice and order the financial institution to remove the registration, possibly subject to a penalty payment (dwangsom).
Proceedings on the merits (bodemprocedure)
For a definitive ruling you can start proceedings on the merits. In proceedings on the merits the case is fully reviewed on substance and the court issues a final judgment. Proceedings on the merits take longer than a preliminary injunction but offer a more thorough assessment of all facts and circumstances.
The balancing of interests by the court
When assessing a request for removal the court weighs the financial institution’s interest in maintaining the registration against your interest in removal. Factors that play a role include the seriousness of the incident, the soundness of the evidence, the proportionality of the registration period, your current financial situation, the concrete consequences of the registration for your daily life and whether you have since shown good conduct.
Route 4: Complaint to the Dutch Data Protection Authority
In addition to Kifid and the courts, you can also lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, AP). The
AP supervises compliance with privacy legislation, including the GDPR. If you believe that the financial institution is unlawfully processing your personal data by maintaining the registration, you can lodge a complaint about this with the AP. The AP can carry out investigations and take enforcement action if it establishes that privacy legislation has been violated.
The GDPR as a legal instrument The General Data Protection Regulation (Algemene Verordening Gegevensbescherming, AVG) provides powerful tools for challenging registrations. Under the GDPR you have the right of access, rectification and in certain cases erasure of your personal data. In addition, you can object to the processing of your data. Invoking the GDPR can significantly strengthen your position in any route, whether you object to the institution, lodge a complaint with Kifid or start court proceedings.
Which route is most promising in your situation?
The choice of the right legal route depends on your specific situation. In the case of a clear factual error, an objection to the financial institution is often sufficient. For a question of proportionality, Kifid is an effective route. If there is an urgent interest, a preliminary injunction offers the fastest solution. And for complex cases with a lot of evidence, proceedings on the merits may be the most thorough approach.
Combining routes is also possible. For example, you can first object to the institution, then lodge a complaint with Kifid and, if that produces no result, still go to court. A specialist lawyer can advise you on the most effective sequence and approach.
The GDPR as a legal instrument The General Data Protection Regulation (Algemene Verordening Gegevensbescherming, AVG) provides powerful tools for challenging registrations. Under the GDPR you have the right of access, rectification and in certain cases erasure of your personal data. In addition, you can object to the processing of your data. Invoking the GDPR can significantly strengthen your position in any route, whether you object to the institution, lodge a complaint with Kifid or start court proceedings. The costs of the different routes The costs of challenging a registration vary by route. An objection to the financial institution does not in principle involve any costs, apart from any lawyer’s fees for drafting the notice of objection. A Kifid procedure costs a fixed amount of complaint fee, which is generally limited. Court proceedings involve court fees (griffierecht) and the costs of legal representation. In the case of a preliminary injunction, the court fees are lower than in proceedings on the merits.
It is wise to weigh the costs against the importance of the case. If a registration prevents you from obtaining a mortgage or opening a bank account, the financial loss you suffer can be many times higher than the costs of legal proceedings. A lawyer can give you an estimate in advance of the expected costs and the likelihood of success, so that you can make an informed decision.
Compensation after an unjustified registration
If it is established that a registration was unlawful, in certain cases you can claim compensation from the financial institution that placed the registration. The damage may consist of missed financial opportunities, such as not being able to take out a favorable mortgage, higher costs due to having to resort to more expensive alternatives or even non-material damage due to the stress and uncertainty that the registration has caused.
Obtaining compensation requires that you can demonstrate that the registration was unlawful and that you have suffered concrete loss as a result. It is therefore advisable to carefully document all the financial consequences of the registration. Keep rejection letters from lenders, mortgage providers and insurers, so that you can show that the registration was the cause of the rejections and the resulting damage.
Combination of registrations in multiple registers
In some cases you are listed in multiple registers at the same time, for example with both the
BKR and the EVR, or with both the Incidents Register and the EVR. In that case it is important to assess and challenge each registration separately. The grounds for removal may differ for each registration and the procedure runs through different channels. A coordinated approach is essential in such cases to address all registrations effectively.
State-funded legal aid
Having a registration removed through legal routes does not have to be unaffordable. If your income is limited, you may be able to apply for a legal aid certificate (toevoeging) through the Legal Aid Board (Raad voor Rechtsbijstand. The government then pays the largest part of the lawyer’s fees and you pay only a personal contribution. This makes professional legal assistance accessible to everyone.
Engage a specialist to remove your registration
Removing a registration with BKR, CIS or EVR is a process that requires legal knowledge and experience. A specialist lawyer knows the relevant regulations, the assessment criteria of Kifid and the courts and the strategies that are most effective in practice. With the right guidance you significantly increase your chances of successful removal.
Do you want to have a registration removed and are you looking for legal assistance? Contact us for a no-obligation assessment. We analyze your registration, advise you on the most promising route and guide you through the entire process.
Read also
- Unjustified BKR registration: step-by-step plan for removal
- CIS registration at banks
- EVR registration: difference from CIS
- Insurance law attorney
