Removing a registration with the BKR, CIS or EVR is an urgent necessity for many people. A negative registration can limit your financial life for years and hinder you when taking out mortgages, loans, insurance and even opening a bank account. Fortunately, you are not powerless. There are several legal routes to have a registration removed. This article explains the available routes so you can make an informed choice about 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 for removal may differ per register.
Het Bureau Krediet Registratie registers credit data and payment arrears. An incorrect BKR registration can be challenged with the lender, het Kifid or the court. Het Incidentenregister is an internal register of individual financial institutions. Het Extern Verwijzingsregister is the heaviest register and is shared with all participating financial institutions. The severity of the consequences and the complexity of the removal process increase the heavier the register is.
Route 1: Objection with 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 it concerns the BKR, the Incidentenregister or the EVR.
How do you file an objection? Write a formal objection in which you clearly set out why the registration is incorrect or disproportionate. Support 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 demonstrate that the objection was 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 have been contested 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 in
EVR registrations. It is not uncommon for an initial objection to be rejected. Do not be discouraged by this. A rejection of the first objection does not mean 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 file a complaint with het Klachteninstituut Financiële Dienstverlening. Het Kifid is an independent dispute resolver that handles complaints from consumers against financial service providers.
Advantages of Kifid
A Kifid procedure offers several 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. In addition, Kifid can issue a binding decision that the financial institution must comply with.
The Kifid procedure You must submit your complaint in writing to Kifid, accompanied by all relevant documents. 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 matter is dealt with on the basis of the written documents, without an oral hearing.
Route 3: Proceedings in court
If Kifid does not provide a solution, if you disagree with the Kifid decision or if you prefer a judicial ruling, you can initiate proceedings at the court.
Summary proceedings
If there is an urgent interest, you can bring summary proceedings. This is particularly relevant if the registration is concretely preventing you in the short term, for example in an ongoing mortgage application or a threatened termination of your banking relationship. The preliminary relief judge can give a provisional ruling quickly and order the financial institution to remove the registration, possibly under penalty of a fine.
Full proceedings
For a definitive ruling you can start full proceedings. In full proceedings the case is examined on the merits and the judge issues a final decision. Full proceedings take longer than summary proceedings but provide a more thorough assessment of all facts and circumstances.
The judge’s balancing of interests
When assessing a request for removal, the judge balances 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 strength 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 demonstrated good conduct.
Route 4: Complaint to the Autoriteit Persoonsgegevens
In addition to Kifid and the courts, you can also file a complaint with the Autoriteit Persoonsgegevens. The
AP supervises compliance with privacy legislation, including the AVG. If you believe that the financial institution is unlawfully processing your personal data by maintaining the registration, you can file a complaint about this with the AP. The AP can investigate and take enforcement action if it finds that privacy legislation has been violated.
The AVG as a legal instrument De Algemene Verordening Gegevensbescherming offers powerful instruments for challenging registrations. Under the AVG you have the right to access, rectification and, in certain cases, deletion of your personal data. In addition, you can object to the processing of your data. Relying on the AVG can significantly strengthen your position in any route, whether you object to the institution, file a complaint with Kifid or initiate 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 already sufficient. In proportionality questions, Kifid is an effective route. In cases of urgent interest, summary proceedings offer the fastest solution. And in complex matters with a lot of evidence, full proceedings can be the most thorough approach.
Combining routes is also possible. For example, you can first object to the institution, then file a complaint with Kifid and if that does not produce results still go to court. A specialized lawyer can advise you on the most effective sequence and approach.
The AVG as a legal instrument De Algemene Verordening Gegevensbescherming offers powerful instruments for challenging registrations. Under the AVG you have the right to access, rectification and, in certain cases, deletion of your personal data. In addition, you can object to the processing of your data. Relying on the AVG can significantly strengthen your position in any route, whether you object to the institution, file a complaint with Kifid or initiate court proceedings. The costs of the different routes The costs of challenging a registration vary by route. An objection to the financial institution is in principle free of charge, apart from any lawyer’s fees for drafting the objection. A Kifid procedure costs a fixed amount in complaint fees, which is generally limited. Court proceedings entail court fees and the costs of legal assistance. In the case of summary proceedings the court fees are lower than for full proceedings.
It is advisable 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 damage you suffer may be many times greater than the cost of legal proceedings. A lawyer can give you an estimate in advance of the expected costs and the chances of success so that you can make an informed decision.
Compensation after an unlawful registration
If it is established that a registration was unlawful, you can in certain cases claim compensation from the financial institution that placed the registration. The damage may consist of missed financial opportunities, such as being unable to conclude a favorable mortgage, higher costs due to having to resort to more expensive alternatives or even non-pecuniary damage due to the stress and uncertainty caused by the registration.
Obtaining compensation requires that you can demonstrate that the registration was unlawful and that you suffered concrete damages as a result. It is therefore advisable to document all financial consequences of the registration carefully. Keep rejection letters from lenders, mortgage providers and insurers so that you can demonstrate that the registration was the cause of the rejections and the resulting damage.
Combination of registrations in multiple registers
In some cases you are registered in multiple registers at the same time, for example with both the
BKR and the EVR or with both the Incidentenregister and the EVR. In that case it is important to assess and challenge each registration separately. The grounds for removal may differ per registration and the procedure runs through different channels. A coordinated approach is essential in such cases to effectively address all registrations.
Subsidized legal aid
Removing a registration through legal routes does not have to be unaffordable. If your income is limited, you may be able to apply for a toevoeging via the Raad voor Rechtsbijstand. The government then pays most 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 the BKR, CIS or EVR is a process that requires legal knowledge and experience. A specialized 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 a 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.
Also read
- Incorrect BKR registration: step-by-step plan for removal
- CIS registration with banks
- EVR registration: difference with CIS
- Insurance law attorney
