A negative BKR registration can have serious consequences: you won’t get a mortgage, no loan, and sometimes not even a phone contract. Still, a registration is not always justified. Banks and lenders regularly report consumers too quickly or without proper justification to the Bureau Krediet Registratie (BKR) in Tiel. At Arslan Advocaten we help clients have unjustified registrations removed or corrected – even when previous requests to the bank or the BKR itself have been rejected.
What is a BKR registration?
The BKR keeps records of all Dutch residents with loans or payment arrears. Think of personal loans, overdrafts, credit cards, car leases or private lease contracts. A registration is intended to prevent over-indebtedness, but in practice it often acts as a barrier for those who have since got their affairs back in order.
When do you get a negative registration?
- In case of arrears of more than 120 days;
- After termination of a credit facility due to non-payment;
- When a payment arrangement is not honored;
- After debt counseling or a WSNP process;
- In the event of a fraud investigation by the bank (sometimes wrongly combined with an EVR notification).
Registrations are recorded using codes (A-, H-, or special codes such as A1, A2 or A3). These usually remain five years on record, even after the debt has been repaid.
When is a BKR registration unjustified?
According to established case law and the AVG (articles 5 and 6) a registration may only be recorded if it is necessary and proportionate. The bank must balance its interest in protecting the credit sector against your interest in financial rehabilitation. That balance is often missing. The following situations regularly lead to removal:
- The arrears have long since been cleared, but the registration remains;
- There were special circumstances (illness, divorce, temporary drop in income);
- The registration is not correct or not up to date;
- The bank did not observe the right to be heard and reply, or provided insufficient reasoning;
- There is a violation of privacy rules (AVG).
What does case law say about BKR removal?
Case law confirms that banks may not automatically register for five years. A tailored assessment must be made for each case. In many recent rulings, the registration was removed or the duration shortened because the person’s financial situation had since become stable.
How can you have your BKR registration removed?
- Request your BKR records via bkr.nl. There you can see which codes are registered.
- Submit a request for correction or removal with the lender. They are responsible for the listing.
- Apply legal pressure if the request is rejected. A lawyer can file a substantiated objection on your behalf with reference to the GDPR and case law.
- Start proceedings if necessary with the court or the KiFiD.
How long does a BKR registration remain on record?
A negative registration generally remains visible for five years after the termination of the credit. That period is not absolute – the bank can, upon request, shorten the duration if your circumstances justify it. In some cases, the court has ruled that even two years was sufficient.
BKR registration and personal injury
Also in personal injury cases, a BKR registration can play a role. Victims who temporarily lose their income sometimes run into payment problems and are registered. When the personal injury compensation is paid out later, restoring creditworthiness is important. We help clients remove unnecessary registrations, especially if the payment arrears are directly related to the accident or a delayed compensation payment.
What can Arslan Advocaten do for you?
- We assess whether the registration is lawful and complies with the GDPR criteria;
- We correspond with the bank or lender;
- We draft a legally substantiated request for removal;
- We initiate – if necessary – a procedure with KiFiD or the civil court;
- We try to recover the costs from the financial institution when the registration proves unjustified.
Why Arslan Advocaten?
- Experienced in financial and insurance law and in proceedings against banks and insurers;
- Free legal assistance possible in the event of damage, because we can recover the costs from the institution;
- Experts in privacy and registration disputes (GDPR, PIFI, EVR, IVR, CIS);
- Throughout the Netherlands available, including online.
Frequently asked questions about BKR registrations
How long does a BKR registration stay on record?
Usually five years after repaying the debt. But the bank must weigh the interests; in some cases this can be shorter.
Can I have my BKR registration removed?
Yes, if the registration is no longer necessary or was not recorded correctly, you can request removal. This often succeeds through a legally substantiated request.
What if the bank refuses?
Then you can file a complaint with the KiFiD or start proceedings at the court. We guide you through the entire process.
What does it cost?
In many cases, we can recover the costs from the lender. You then pay nothing for our assistance.
Questions or need immediate advice? Feel free to contact Arslan Advocaten. We are happy to help you remove or correct a BKR registration.
