Removing the BKR is a necessary step for many people to experience financial freedom again, for example when they want to take out a mortgage or need a business loan. A negative BKR registration at large banks such as ING, Rabobank or ABN AMRO can haunt you for years and significantly thwart your plans. Even if you have now fully paid off your debts, the registration often remains visible in the system of the Credit Registration Bureau (BKR) in Tiel for five years. However, this does not mean that you are powerless. In many cases it is legally possible to force an early removal of this negative coding. Banks have a duty of care and must make a careful balancing of interests with every request for removal. Your current, positive financial situation must be weighed against the general interest of the BKR, namely protecting consumers against over-indebtedness and warning financial institutions. In this comprehensive article we discuss in detail how you can challenge your BKR registration at the major banks, what steps you need to take and how the lawyers of Arslan & Arslan can support you in this.
Why removing your BKR at a bank is crucial
A negative BKR registration has far-reaching consequences for your financial life. Whenever you enter into a financial obligation, the lender consults the BKR register. If there is an arrears coding (such as an A-coding, A1, A2, A3 or A4), the bank will usually reject your application immediately. This applies not only to obtaining a mortgage for your dream home, but also to concluding a lease contract for a car or obtaining a business loan. It is therefore crucial to investigate whether you can have the registration removed early. The General Data Protection Regulation (GDPR) offers you the right to object to the processing of your personal data. This means that you can request the bank to erase your data from the BKR. The bank is obliged to take this request seriously and may not simply reject it with a standard letter. An individual balancing of interests must take place, looking at the proportionality and subsidiarity of the registration. For more information about the steps you can take, you can consult our step-by-step plan for unjustified BKR registrations.
Removing BKR at ING: How does this work?
If you have incurred a negative BKR registration at ING, you will initially have to submit a request for removal to ING. ING has a strict policy when it comes to maintaining BKR registrations. They often rely on their legal duty to participate in the credit registration system. However, ING is also bound by the rules of the GDPR and the rulings of the Supreme Court regarding the balancing of interests. To convince ING of the need for removal, you will have to submit a very well-founded petition. In this you must demonstrate that the debt has been fully repaid and that you are currently financially stable. You must provide evidence, such as recent payslips, bank statements and possibly a statement from a mortgage advisor showing that the BKR registration is the only obstacle. In addition, you must demonstrate that you have a compelling and urgent interest in the removal, for example because you have to buy a home. A specialized lawyer can help you formulate this petition in a legally watertight manner.
Removing BKR at Rabobank: What are the conditions?
Rabobank applies strict national guidelines for BKR registrations. A request to remove a negative BKR registration at Rabobank requires thorough preparation. Rabobank will always assess whether the registration is proportional in relation to the infringement of your privacy. They look at, among other things, the amount of the original arrears, the duration of the arrears, the reason for the payment problems (such as illness or a divorce) and the time that has elapsed since the debt was repaid. If you can demonstrate that the payment arrears were an incidental misstep and that the cause has since been structurally resolved, you have a stronger case. Rabobank may not suffice with a general reference to the rules of the BKR. They must weigh your specific, individual circumstances. If you have recently paid off your debts, it is useful to know what your rights are. Read more about this in our article about removing BKR registration after repayment. Engaging legal assistance is often essential to force Rabobank to an objective reassessment.
Removing BKR at ABN AMRO: What should you pay attention to?
ABN AMRO will critically assess your request on the basis of applicable laws and regulations. At ABN AMRO it is particularly important to submit a complete and convincing file. Missing documents or an unclear motivation almost always lead to an immediate rejection. You must clearly explain why maintaining the registration is disproportionate in your specific case. The so-called ‘hardship clause’ plays a role in this. This means that the consequences of the registration for you are so serious that they are disproportionate to the purpose of the registration. A classic example is the situation in which you cannot get a mortgage due to the registration, while you can easily bear the monthly costs and are currently paying more in rent. By concretely substantiating this disadvantage, you can convince ABN AMRO that maintaining it is unreasonable. Leave such requests to an experienced lawyer who knows exactly which arguments hit the mark.
The role of the balancing of interests in removing a BKR
The core of any procedure to have a BKR registration removed is the balancing of interests, anchored in the General Data Protection Regulation (GDPR). On the one hand is the interest of the bank and the financial system to prevent over-indebtedness and warn lenders. On the other hand is your personal interest, such as buying a house or starting a business. The bank must weigh these two interests against each other based on the ‘Senioren criteria’. Relevant factors include the size of the debt, whether it has been repaid, and whether there is structural financial recovery. Your current living situation also weighs heavily. If your interest outweighs the warning interest of the BKR, the bank must proceed to remove the registration. For a deeper insight, we refer you to our article about legal routes that work in removing a registration.
What to do if the bank rejects your request for removal?
It often happens that banks such as ING, Rabobank and ABN AMRO reject an initial request for removal with standard letters. Do not let this discourage you immediately; a rejection is often only the beginning of the legal process. You have the right to file a complaint with the complaints committee of the bank in question. In this procedure you can further sharpen your arguments. It is crucial to expose the weak spots in the bank’s argumentation. Have they really made an actual, individual balancing of interests? If the internal complaints procedure does not lead to the desired result, other legal avenues are still open. You are not dependent on the goodwill of the bank. Consult external sources such as the website of the Credit Registration Bureau (BKR) or the information provision of the Judiciary for similar cases.
Legal steps and going to court or the Kifid
If the bank definitively refuses to remove your BKR registration, you can take legal action. You have two options: a procedure at the Financial Services Complaints Institute (Kifid) or going to the civil court. The Kifid is an accessible alternative to the court. A procedure at the Kifid is generally cheaper and faster than a lawsuit, although the rulings are not always binding. If there is great urgency, for example because the resolutive conditions of your purchase contract are about to expire, summary proceedings before the preliminary relief judge are often the best option. In summary proceedings, you ask the judge to have the BKR registration removed immediately. Law firm Arslan & Arslan has extensive experience in litigating against major banks and knows exactly how to convince the judge of the need for removal.
Frequently Asked Questions
Can I remove my BKR registration myself at the bank?
In theory, you can submit a request to your bank yourself to have the BKR registration removed. However, in practice it appears that banks often reject consumer requests as standard. Drafting a legally watertight petition, in which the correct balancing of interests according to the GDPR is made, is complex. Engaging a specialized lawyer significantly increases your chances of success, because they know the legal arguments that convince banks and judges.
How long does a procedure to remove a BKR registration take?
The duration of the procedure depends on the bank’s response speed and the chosen legal route. An amicable request to the bank usually takes 4 to 6 weeks. If the bank refuses and a procedure must be started at the Kifid or the court, this can take several months. In very urgent cases, such as the purchase of a home, summary proceedings can lead to a ruling within a few weeks.
How much does it cost to hire a lawyer for BKR removal?
The costs for legal assistance vary depending on the complexity of your case and the necessary steps. At Arslan & Arslan Advocaten we work transparently and discuss the expected costs with you in advance. In some cases it is possible to make a fixed price agreement for submitting the first petition. Contact us for a non-binding estimate of the costs in your specific situation.
Also read
- Unjustified BKR registration: step-by-step plan for removal
- removing BKR registration after repayment – uw rechten uitgelegd
- Removing registration: legal routes that work
Need help?
Are you dealing with an obstructive BKR registration at ING, Rabobank or ABN AMRO and do you want to know what your legal options are? The experienced lawyers of Arslan & Arslan Advocaten are ready to assess your file and guide you in removing your registration. Contact us for a free initial consultation via https://arslan.nl/contact/ and discover how we can help you get a clean financial slate.
Need help? Our BKR lawyer is happy to help you. Feel free to contact us for a free initial advice.
