BKR registration removal through court: summary proceedings (emergency procedure)

court bkr removal

Sometimes it is necessary to force removal of your BKR registration through the courts when the lender in question (wrongfully) refuses to cooperate.

In certain cases, you can then challenge your registration through emergency proceedings if the regular petition process takes too long.

On this page, we explain the difference and tell you everything you need to know about an emergency BKR removal procedure.

Would you like to know exactly what the BKR is first? Then read about what the BKR is and how it works.

Emergency BKR removal procedure at Dynamite Netherlands

Of course, the lawyers at Dynamite Netherlands can also assist you when the enforcement of removal through emergency proceedings is necessary. For this we charge a fixed amount of €3500,-.

For that amount:

  • File a watertight subpoena with the court
  • We mediate with the other party
  • During the hearing, we speak on your behalf and defend your case

Our main goal, of course, is to get your BKR registration removed. We almost always succeed at that, too: of the 32 lawsuits we filed on behalf of our clients in 2021, we lost only one.

Below you can read more about what court proceedings look like. Would you like to know quickly what we can do for you? Then contact us today for no-obligation advice.

See also our standard costs for BKR removal and our working method.

Dynamite in the media over lawsuits

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''Of the many lawsuits filed by legal service provider Dynamite Netherlands to have BKR registrations removed, 35 have been settled since January. Of those, 28 were won.''

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wnl bkr

''Dynamite is fighting the listings, for a fee, in court, much to the chagrin of the BKR.''

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Menno de Boorder
  • Does only the court cases
  • Wins by far the most cases
Tine Notenboom
  • Specializing in litigation
  • Does only the complex cases
Lisa van Gulik
  • Has successfully represented hundreds of clients
  • Start lawsuits and proceedings at the Kifid
Björn de Haan
  • Has 8 years of procedural experience
  • Start only lawsuits
Sarah van den Berg
  • Belongs to the absolute best in her field of work
  • Chose a career as a lawyer over an attorney
Jan Doeke Biesheuvel
  • Over 8 years of experience in the legal field
  • Has resolved hundreds of cases without court intervention
Nurettin Kocak
  • Has gained great respect within the legal services industry
  • A decisive and no-nonsense lawyer
Vera van der Vliet
  • Lawyer from the banking industry with extensive financial knowledge
  • Has successfully assisted hundreds of people
Mirjosa de Sanders
  • Legal assistant with 5 years of experience within Dynamite
  • Helps you complete your file
Deepak Thakoerdien
  • 14 years of experience in legal proceedings
  • known from AVROTROS Radar
Berry van Ockenburg
  • Has been working for Dynamiet for 11 years now, because it’s necessary
Eva Hukshorn
  • Creates a strategic plan to keep your case on track
Sharona Budhai
Michael de Zwart
Marcel Boot
René Speelman
  • Lawyer with an awful lot of financial knowledge
  • Is also a mediator
Walid Rabah
  • Is communication ironclad
  • Goes to the bitter end for his clients
View our team
Services Dynamite BKR

When do you go to court?

Removing a BKR registration always starts with a removal request to the lender concerned. In this request, you object to the registration and explain why it should be removed.

The lawyers at Dynamite Netherlands can help you draft this removal request. For more insight and assurance, we are happy to offer a free consultation.

The lender is required by law to respond to this removal request, but it may choose to override the request. If a lender wrongfully refuses to change or remove your BKR registration, you can still enforce it through the courts.

Curious about how long the removal process normally takes? Read how long it takes to remove a BKR registration.

View an example case against Interbank here. Our client was unable to purchase a house due to an A2 credit rating. In summary proceedings, the court ordered Interbank to remove the registration.

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Why an emergency procedure?

The processing of a regular procedure through the court quickly takes five months.

Sometimes you cannot wait that long to have the information removed. A common example is when a provisional purchase contract has been signed for a new home, but the mortgage cannot be finalized because of a BKR registration that has come to light.

It is possible that the deadline of the resolutive factors is approaching and thus dissolution of the contract is imminent.

In such a case, you can initiate an emergency procedure.

Read more about buying a house with a BKR registration.

What does an emergency procedure through the court look like?

Before you can go to court, you must always have gone through a regular BKR removal process. That is, an objection must have been filed with the lender.

If you would like advice or support in raising an objection, schedule your free, no-obligation consultation with us.

However, this objection did not lead to the desired result. Has it been unfairly overruled by the lender? Then you can enforce removal of the registration through the court.

Then the course of the procedure is as follows:

  • Going to court is initiated through a subpoena or petition. In the case of emergency proceedings, it always involves a subpoena
  • This summons will be filed in the court in your home town, or that of the lender's place of business. Important: The choice of court may affect the likelihood of success*
  • The opposing party receives a copy of the subpoena. They are required to respond to it with a statement of defense
  • Meanwhile, the judge schedules a time for the hearing, at which the case will be heard. It may happen that this hearing does not have to take place in the end, because the other party decides to settle in response to the summons
  • If the hearing does go ahead, then therein follows the oral hearing of the case, in which the lawyers address and defend both sides

* The choice of court can affect the success rate of your procedure. Dynamiet Nederland's lawyers have extensive experience with which courts offer better prospects and can of course advise and assist you in this.

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What can Dynamite Netherlands do for you?

Going to court is always exciting. Then of course it is nice to be assisted by lawyers with a lot of experience. Our lawyers have that experience. But, we always try to avoid the need to go to court.

At Dynamite Netherlands, we help people like you get rid of their BKR registration every day. Through our years of experience, short lines of communication and extensive network at lenders, we know how to remove a BKR registration in most cases.

Should the regular appeal be unfairly overruled by the lender, we will of course be happy to assist you in court. You will then benefit from our experience from the filing of the summons to the oral hearing in court.

Wondering exactly what we can do for you? Then schedule your free, no-obligation consultation today

An overview of litigation conducted

Fortress Finance
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Dynamite Netherlands prepares lawsuits: Unibet refuses transactions

Dynamite Netherlands prepares lawsuits: Unibet refuses transactions

by Deepak Thakoerdien

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