Kifid BKR registration procedure

Kifid is the Financial Services Complaints Institute. Since October 1, 2021, Kifid replaces the Geschillencommissie BKR as the national point where you can file a complaint against a BKR registration. After assessment by a committee, the registration will or will not be removed.

As already mentioned, starting a Kifid BKR registration procedure always precedes that you yourself have already had contact with the financial service provider

Therefore, if you feel that a BKR registration is unjustified, or disproportionately disadvantages you in your life, the first thing you should do is submit a request for deletion to the relevant financial service provider.

In this request, argue why, in your view, the registration should be removed. Also, substantiate as best you can - for example, with correspondence and mortgage application - how the registration interferes with your life.

If the financial institution has not responded after several weeks or if you have not reached a mutual agreement, you can file a complaint with Kifid. You must also substantiate this complaint as much as possible with documentary evidence.

If your complaint is considered, it will be reviewed by an independent committee. This will include a hearing of the other party (in this case, the financial services provider).

Part of the Kifid procedure is a hearing, where both you and the other party are heard. The other party often uses an in-house lawyer for this, or at least an employee who has a lot of experience with the subject matter and similar hearings.

In theory, the Kifid committee will pierce through this and take the consumer's legal "disadvantage" into account. In practice, however, you are already 1-0 behind, since the other party is better informed about its rights, the law and with which arguments the committee can best be convinced.

Dynamite Netherlands can mediate the entire procedure for you. From initial contact with the lender to representing your interests at the hearing.

Also benefit from our lawyers' years of experience and request your free, no-obligation intake right away.

An important difference from the former BKR Disputes Committee, is that the procedure is now free. Previously, it cost €50.

The process is otherwise the same. Allow for a processing time of about six months. However, it is now possible to appeal a decision of Kifid, where a decision of the BKR Disputes Committee was binding. Going to court is also still possible, if you do not agree with a decision of Kifid.

So there are several paths you can take when challenging a BKR registration. Do you opt for a Kifid procedure, or do you go to court?

The commission looks more at any formal or formal errors made than, say, a judge. Still, the commission is usually more strict and less likely to remove the BKR registration.

This is because the court allows interests to weigh more heavily in its ruling. That is, a judgment of removal can also be issued based on the consumer's interest when there is no procedural reason to do so.

Going to court is therefore a valuable alternative to Kifid proceedings.

However, besides being valuable, this alternative can also prove quite costly. In the event you go to court and are ruled against, you will owe the other party €1500.

In return, you will receive €1500 from the other party if you are ruled in your favor.

Still: so the risk of financial loss is significantly higher when choosing to go to court. And that's probably the last thing you want when you're struggling to get rid of a BKR registration.

Moreover, after a Kifid decision you can still decide to go to court. Dynamiet Nederland's advice is therefore always to first opt for a Kifid procedure, ideally with guidance from one of our specialists to significantly increase your chances of success.

An exception to this is when there is urgency in removing the registration. For example, when the approval of your mortgage application depends on the outcome of the process. In that case, you do not have months and an emergency procedure is necessary. This is not possible at Kifid and can only be done through the courts.

Whatever path you choose: with Dynamite Netherlands' professional guidance, you significantly increase your chances of reaching your goal. Your BKR registration removed, so you can get on with your life again. For us, that is the only destination that matters.

Want to know what Dynamite Netherlands can do for you? Schedule your free, no-obligation consultation here.