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.
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:
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.
''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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''Dynamite is fighting the listings, for a fee, in court, much to the chagrin of the BKR.''
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Removing a BKR registration always begins with a removal request to the lender involved. In this request, you object to the registration and show why the registration 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.
View a sample case against Interbank here. Our client was unable to buy a house because of an A2 code. Through summary judgment, the court ordered Interbank to remove the registration.
View caseThe processing of a regular procedure through the court quickly takes five months.
Sometimes you can 't wait that long to get rid of it. For example, a common case is when a preliminary sales contract has been signed for a new home, but the mortgage cannot be finalized because of a surfaced BKR registration.
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.
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:
* 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.
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
