Many people think that a BKR registration automatically disappears once a debt is repaid. Unfortunately, that’s not the case. A negative registration can remain visible for years, preventing you from getting a mortgage or loan. However, in many cases, you can compel removal or shortening of the registration. In this article, we explain how this works and what steps you can take.
At Arslan Lawyers we help clients who have paid off their debts, but are still being restricted by a negative BKR notification. Thanks to our experience with financial law and privacy disputes, we know how you can have your registration removed faster.
What happens after paying off a debt?
As soon as you catch up on a payment backlog or fully repay the debt, the creditor reports this to the Credit Registration Office (BKR). The registration then receives the ‘A’ (backlog) and ‘H’ (recovered) indications. This message usually remains visible for five years after the moment of repayment.
This term is intended to inform creditors of your past payment behavior. Yet, in many situations, this period can turn out unduly heavy, especially if your finances are now in order.
When can you request removal?
According to the GDPR and the rulings from the Financial Services Ombudsman (KiFiD) a BKR registration must not stay longer than necessary for the purpose for which it was included. That means the registration must be removed when:
- the registration unnecessarily restricts you when applying for a mortgage, for example;
- the debt is fully repaid and you are demonstrably financially stable;
- the creditor has not made an individual interest balance.
An interest balance means that the creditor must take into account your personal situation: your income, family, job and the consequences of the registration. If that doesn’t happen, the registration is often unlawful.
How do you apply for removal?
1. Request your BKR overview
You can request your current overview for free via bkr.nl. Check who placed the registration and on which date.
2. Submit a written request
Send a letter to the creditor explaining that you have fully paid off the debt and why the registration is no longer proportional. Provide evidence, such as a payment receipt or income data.
3. Wait for the creditor’s response
The institution usually has a few weeks to respond. If your request is rejected, ask for the reasoning and substantiation of their interest balance.
4. File a complaint with KiFiD
If you disagree with the creditor’s decision, you can contact the Financial Services Ombudsman (KiFiD). KiFiD can have the registration removed or shorten the duration.
Common mistakes by creditors
- No individual interest balance has been made.
- The institution adheres to the standard five years, without motivation.
- Your improved financial situation is being ignored.
- The registration has not been adjusted in time after repayment.
If one of these mistakes occurs, there’s a high chance that the registration is unlawful and can be removed.
What can Arslan Lawyers do for you?
- We analyze your BKR file and assess its legality.
- We submit a request on your behalf for removal or shortening.
- We represent you at KiFiD or, if necessary, in court.
- We often claim our costs from the creditor, so you have no personal costs.
Frequently asked questions about BKR after repayment
Does my BKR registration stay in place after full repayment?
Yes, usually for another five years. But if the registration unnecessarily restrains you, you can request removal.
Can I have a registration removed earlier?
Yes, if you can prove that the registration is disproportionate or that the creditor did not make an interest balance.
Do I need a lawyer?
A lawyer increases your chances of success. We know exactly how to legally substantiate your interests and which arguments are convincing.
Do you want to have your BKR registration removed after repayment?
Feel free to contact Arslan Lawyers. We assess your registration and immediately take the right steps to restore your financial freedom.
