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BKR Registration due to benefits affair? Here's what you can do

Written on December 1, 2021 by Deepak Thakoerdien
  • Director
Tax Department Surcharge envelopes

As a victim of the benefits affair, you may be dealing with a negative BKR registration. Annoying, as this can affect you for years. Fortunately, there is a solution to get rid of it, especially if it is a BKR registration that was created through no fault of your own.

Do you have a BKR registration on your name due to the benefits affair that is interfering with your life? If so, read on and find out what you can do about it.

Please also download the (free) sample letter via the button below. You can use this letter to object and have the BKR registration removed.

The letter was co-authored by BOink (Interest Association of Parents in Child Care). In addition, the referral to this letter is on the Tax Administration's Recovery Operation Benefits page under the question "What can I do myself if a creditor doesn't pass anything on to BKR or if I can't wait?".

Use sample letter
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What does Belastingdienst Toeslagen do?

Belastingdienst Toeslagen itself has taken steps to help duped parents with BKR registrations move forward. Agreements have been made with all creditors. The negative BKR registration is actively removed by the creditor(s) as soon as Belastingdienst Toeslagen cancels or pays off this debt.

You can get answers to questions you may be struggling with on the Supplement Recovery website.

You can contact the Serviceteam gedupeerden Kinderopvangtoeslag if you are inconvenienced by a BKR registration or if a creditor does not want to remove the negative registration. This team can be reached at the toll-free number 0800 - 2 358 358.

Would you like to know what a specialist partner like Dynamite Netherlands can do for you to represent your interests completely free of charge? Then schedule a consultation.

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Consequences bkr registration for loan

But, you can also take immediate action yourself.

Download our sample removal request letter

The first step that must be taken to get rid of a BKR registration is to file a removal request with the lender that placed the registration.

In that request, you explain why you believe the registration is unjustified, how it is interfering with your life, and therefore why it should be removed.

Drafting this request is usually quite a legal story. Fortunately, as a victim of the benefits affair, you have a strong position: after all, the registration came about through no fault of your own.

With our sample letter you will have the perfect basis for drafting such a removal request.

Use sample letter
court bkr removal

This letter was drafted especially for duped people by the BKR lawyers at Dynamiet Nederland. They work daily on the removal of BKR registrations to help people like you get on with their lives, so they know better than anyone else what such a letter must meet.

Know your rights

Of course, you are a lot stronger when you know what your rights are. For example, it is established by law that a duped parent's BKR registration must be removed when the arrears are paid. This is not standard practice with other BKR registrations.

It is important to note that the starting point is that as many of the negative consequences of the benefits affair as possible are put right for those affected. This means that in the case of a BKR registration created by the affair, removal is usually quite possible.

At Dynamite Netherlands, we see that lenders are happy to be sympathetic and understanding in this situation. Of course, what also helps is that the government believes that victims' BKR registrations should be removed.

Dynamite BKR registration

These aggrieved people already saw their registration removed

The story of this family will sound all too familiar to many people. Two earners who were doing just fine financially, entitled to childcare subsidies. Until, after a few years, they were suddenly identified as fraudsters by the Inland Revenue and large sums were reclaimed.

Even though both parents were working: these receivables were too large to meet. Because the family also had concurrent loans with the Volksbank and Defam, the situation quickly created negative codes.

The accumulation of these debts resulted in debt restructuring. Large amounts were written off by both lenders - as is customary in debt restructuring.

In the end, both Volksbank and Defam decided to remove the negative BKR registrations.

See Volksbank's response.

What has helped in this is that the Tax Administration has acknowledged that these people were victims of the benefits affair. In other words, the payment arrears occurred through no fault of their own. This was supported by the compensation that has already taken place from the Inland Revenue, which was provided as evidence when requesting the removal of the BKR coding.

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