A negative BKR registration can have major implications: you cannot get a mortgage, a loan, and sometimes even a phone subscription. However, a registration is not always justified. Banks and credit providers often report consumers too quickly or without proper motivation to the Credit Registration Office (BKR) in Tiel. At Arslan Advocaten we help clients to remove or correct unjust registrations – even when previous requests to the bank or the BKR itself have been rejected.
What is a BKR registration?
The BKR keeps data about all Dutch people with loans or payment arrears. These include personal loans, overdrafts, credit cards, car leases or private lease contracts. A registration is meant to prevent over-credit, but often acts as a blockade for anyone who has since sorted out his affairs.
When do you receive a negative registration?
- When there is a backlog of more than 120 days;
- After termination of a loan due to non-payment;
- If a payment arrangement is not being complied with;
- After debt counselling or WSNP process;
- During fraud investigation by the bank (sometimes erroneously combined with an EVR report).
Registrations are recorded with codes (A-, H-, or special codes like A1, A2 or A3). These usually stay for five years, even after the debt has been repaid.
When is a BKR registration unjustified?
According to established case law and the GDPR (articles 5 and 6) a registration may only be made if it is necessary and proportionate. The bank must weigh its interest in protecting the credit sector against your interest in financial rehabilitation. This consideration is often lacking. The following situations often lead to removal:
- The delay has long been made up for, but the registration remains;
- There were exceptional circumstances (illness, divorce, temporary loss of income);
- The registration is not correct or not up-to-date;
- The bank did not apply audit and response or reasoned insufficiently;
- There is a violation of privacy rules (GDPR).
What does case law say about BKR removal?
Case law confirms that banks may not automatically register for five years. Customization must be provided in each case. In many recent rulings, the registration was removed or the duration shortened because the financial situation of the person concerned had become stable again.
How can you have your BKR registration removed?
- Request your BKR data via bkr.nl. There you will see which codes are registered.
- Submit a request for correction or removal to the credit provider. They are responsible for the notification.
- Apply legal pressure if the request is rejected. A lawyer can submit a reasoned objection on your behalf by referring to the GDPR and case law.
- Start a procedure if necessary at the court or the KiFiD.
How long does a BKR registration last?
A negative registration usually remains visible five years after the termination of the credit. This term is not an absolute given – the bank can shorten the duration at your request if your circumstances justify it. In some cases, the courts have ruled that even two years was sufficient.
BKR registration and personal injury
A BKR registration can also play a role in personal injury cases. Victims who temporarily lose their income sometimes get into payment problems and are registered. When the personal injury amount is paid out later, restoration of creditworthiness is important. We help clients to remove unnecessary registrations, especially if the payment arrear is directly related to the accident or a delayed compensation.
What can Arslan Advocaten do for you?
- We verify whether the registration is lawful and meet the GDPR criteria;
- We correspond with the bank or credit provider;
- We prepare a legally substantiated request for removal;
- We initiate – if necessary – a procedure at KiFiD or the civil court;
- We try to recover the costs from the financial institution if the registration proves to be unjustified.
Why Arslan Advocaten?
- Experienced in financial and insurance law and in proceedings against banks and insurers;
- Free legal assistance possible in case of damage, as we can recover the costs from the institution;
- Expert in privacy and registration disputes (GDPR, PIFI, EVR, IVR, CIS);
- Operable throughout the Netherlands, also online.
Frequently Asked Questions about BKR registrations
How long does a BKR registration last?
Usually five years after paying off the debt. But the bank must weigh up interests; in some cases, it could be shorter.
Can I have my BKR registration removed?
Yes, if the registration is no longer necessary or not correctly recorded, you can request removal. A legally motivated request often succeeds.
What if the bank refuses?
You can file a complaint with the KiFiD or start a procedure in the court. We guide the entire process.
What does it cost?
In many cases, we can recover costs from the credit provider. You will not have to pay for our assistance.
Questions or immediate advice needed? Feel free to contact Arslan Advocaten. We are happy to help you with the removal or correction of a BKR registration.
