A BKR registration can have major consequences. You won’t get a mortgage or a loan, and sometimes not even a phone subscription. What many people don’t know is that through the Financial Services Complaints Institute (KiFiD) you can lodge an objection if a registration is unjustified. In many cases, the registration is then shortened or even completely removed.
At Arslan Advocaten we help clients every day with the removal of a negative BKR registration. Thanks to our experience in financial law and privacy law, we know exactly how your chances at KiFiD can be increased.
What is KiFiD?
KiFiD is an independent dispute resolution body where consumers can file complaints against financial institutions such as banks, lenders, and insurers. This means you do not have to go to court right away. KiFiD assesses whether your registration is lawful and whether the bank or lender has complied with the rules.
When can you go to KiFiD?
You can go to KiFiD if:
- your unjustified BKR registration has been placed;
- the bank has not properly assessed your personal circumstances;
- the registration lasts too long (for example, the maximum five years without a balancing of interests);
- the registration has disproportionate consequences, such as not being able to get a mortgage.
KiFiD looks not only at the letter of the law, but also at the reasonableness of the decision. That means there is room for a personal balancing of interests.
Step-by-step plan: this is how to have your BKR registration reviewed at KiFiD
1. Request your BKR report
Go to bkr.nl and request a current report. It shows who registered you and for what reason.
2. First submit a complaint to the institution
Before you can go to KiFiD, you must first file a complaint with the bank or lender itself. Do so in writing and explain why the registration is no longer proportionate. Indicate that you cannot exercise your right to a mortgage, job, or financial peace of mind because of this registration.
3. Then submit your complaint to KiFiD
If the institution does not respond within six weeks or rejects your complaint, you can submit the dispute to KiFiD. This can be done online via kifid.nl. You explain why the registration is unjustified and attach all documents that support your position.
4. Review by the Disputes Committee
KiFiD then asks the bank for a response and reviews both positions. A decision follows. In many cases KiFiD rules that the registration must be removed or shortened, especially if the consumer’s interests have not been sufficiently taken into account.
Common mistakes by banks and lenders
- The registration is too long (five years) without an individual balancing of interests.
- The institution relies solely on an old incident.
- Personal circumstances (such as recovery of income or family situation) have been ignored.
- The communication with the consumer has been incomplete or unclear.
When these errors are at play, there is a good chance that the KiFiD will decide to remove or shorten the registration.
What can Arslan Advocaten do for you?
- We analyze your registration and the underlying documents.
- We draft the objection to the bank or credit provider.
- We file your complaint with KiFiD and conduct the procedure on your behalf.
- We recover the costs where possible from the financial institution, so that our assistance is often free of charge for you.
Frequently asked questions about KiFiD and BKR-registrations
How long does a procedure at KiFiD take?
On average, three to six months, depending on the complexity of the case. The case is often handled in writing.
Do I need a lawyer?
It is not mandatory, but legal advice significantly increases your chances. A lawyer knows exactly how to substantiate your interests.
Can the bank appeal?
Yes, an appeal against the decision of KiFiD can still be lodged with the Appeals Committee or the civil court.
Do you want to have your BKR registration removed through KiFiD?
Get in touch with Arslan Advocaten with no obligation. We assess your registration, draft the objection, and guide you through the entire procedure.
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