To remove a negative BKR registration, submit a request to your creditor or credit provider. This removal request explains why the registration is hindering you. Your creditor reviews the request and decides whether the registration can be removed.
You can use the AVG (the Privacy Act) to have your BKR registration removed early. However, this can be a complex legal process with many rules. Although you can choose to do this independently at no cost, specialized knowledge is required. If you do not have this knowledge, it is wise to leave this process to an experienced specialist.
How it works in about 1 minute
At Dynamite Netherlands, we specialize in the removal of BKR registrations. We take care of the entire process for you and ensure a quick and worry-free settlement.
Take the first step toward a clean financial future today! Request a free intake consultation and find out what we can do for you.
Removing your own BKR registration can be challenging, but it is not impossible. The ability to do so depends entirely on your expertise and personal situation. Want to get started on your own? Then follow these 5 steps.
Step 1. Get your BKR statement.
Always start by requesting your registration information from the Bureau of Credit Registration (BKR). This will give you insight into your own credit information. You can request your BKR statement for free through the BKR website. Typically, the BKR provides you with online access to your credit information within minutes.
If you can't make it out, you can contact BKR by phone at 088 - 150 2500. You can also send an e-mail to info@bkr.nl.
Step 2. Check your credit information for accuracy
End date:
Once you have paid off your credit in full, an actual end date is added to the registration. Verify that this date is present and that the date is correct.
Positive registration:
A BKR registration is not necessarily detrimental. If you adhere to the loan terms, you get what is known as a positive registration. This means that you fulfill your payment obligations punctually and correctly. With a positive registration, no "peculiarities" are noted.
Negative registration:
A coding under the heading "particulars" indicates a negative BKR registration. This can have implications when applying for a mortgage or other loan.
Each code has its own meaning. It is important to check if the code is relevant to your situation, or has been in the past.
These are the different types of (negative) BKR codes
Code A - Backlog coding:
If you have an A code, it means no payments have been made for at least two months.
Code H - Recovery coding:
The arrears have been caught up and thus rectified. However, keep in mind that you will receive an H code only if there has been a short-term arrearage. Usually, you will not receive an H code if there is a code 2 , 3 or 4. Furthermore, an H code has no higher value than an end date. Thus, an H code does not automatically mean you are creditworthy.
Code 1 - Payment arrangement:
You get a code 1 if you made a payment arrangement with the creditor to catch up on existing arrears.
Code 2 - Opeising the entire claim:
The debt is fully claimed, and in most cases is turned over to a collection agency. Code 2 is usually recorded prior to an A code.
Code 3 - Partial debt restructuring or forgiveness:
An amount of at least 250 euros on the principal has been remediated. The code 3 can also be registered if there has been non-payment for an extended period of time in one piece.
Code 4 - Inaccessibility:
No contact can be made; you are unreachable.
Code 5 - Preventive mortgage payment plan:
A payment plan has been made to avoid (future) mortgage arrears.
Code 9 - Legal dispute:
There is a dispute between you and the creditor; you have a disagreement on some issue.
Step 3. Request your file
Watch the explanation video about requesting the so-called 'advance notice letter'
Under the AVG, you can make a request for inspection to the lender or the BKR. The lender and the BKR are obliged to allow you access to your own file and to prove the legitimacy of the registration.
In principle, we advise you to always request your file. This is because practice shows that mistakes are regularly made when recording particularity codes. Mistakes in recording the correct date, mistakes in writing to the debtor, mistakes in ensuring deadlines, mistakes in updating codings and many more. These errors need to be rectified. Correction of these errors can regularly lead to removal of your BKR registration or at least certain particularity codings.
Step 4. Submit removal request to lender or BKR.
BKR codes can generally be removed in two ways: through a "balancing of interests" or because of procedural errors. Both situations are explored below.
Balance of interests
A BKR registration is intended to protect both the financial industry and the consumer from potential financial risks. If this protection misses its purpose, reconsideration of the registration may be necessary.
For a successful appeal of balancing interests, your interest must outweigh that of the lender or the BKR. To illustrate, a loan for a luxury car or dream vacation is often not considered a compelling interest, while a loan to purchase a home is.
The choice between your interests and those of the lender or BKR depends on your specific situation and how you highlight it. Making the right balance of interests requires expertise and customization.
Address a letter to your lender or the BKR explaining why it is desirable that your registration be amended or removed. In doing so, explain why your interest should carry more weight in this context.
Procedural errors
If mistakes were made during the registration process, the BKR registration should be corrected.
A lender must comply with the law and BKR rules when registering. In practice, mistakes are regularly made when registering negative BKR codes. Think of inaccuracies in the registration date, wrongly approaching you as a consumer, not correctly handling deadlines, or errors in updating a code. These errors should be corrected.
Correcting such a mistake can lead to the removal of a negative BKR registration.
The Telegraph wrote an article about deleting your registration yourself. Read the article here.
You will receive a response from your credit provider or the BKR
If your lender agrees to the proposed changes, they are transmitted to the BKR. Usually, the BKR processes these adjustments within one business day. However, the lender may reject your request. In that case, you can choose to accept your lender's decision or take additional action.
If you want to take further steps, there are three options:
Getting professional help through Dynamite Netherlands
Submitting your case to the Financial Services Complaints Institute (Kifid)
Starting legal proceedings.
Help from Dynamite Netherlands
It is not in your best interest to have to undergo proceedings at the Kifid or in court. This is time-consuming and complex. Therefore, we initially strive to reach a solution in consultation with the lender or the BKR.
We have a wide network of contacts at lenders and we know exactly how and to whom to turn. Moreover, we have the expertise to handle your case in the right way. Our experience shows that, with the right approach, even the most complex codes can be successfully removed.
Here's how we proceed:
We request information from the lenders who have registered you with the BKR.
We examine all the documents we receive.
We process the facts and circumstances in a position request (removal request).
We submit the position request and lead the negotiation process.
Disadvantages of removing your BKR registration yourself:
Time commitment:
The process is time-consuming because of the complex laws and regulations surrounding BKR registrations.
Bureaucracy:
Many feel lost in a bureaucratic maze and experience the feeling of constantly being sent from pillar to post.
Lack of expertise:
In-depth knowledge of legislation and case law is required. Without this expertise, rejection is likely.
Increased risk:
Against lenders, consumers are often in a weaker position. A rejected request may make it more difficult in the future to still have the registration removed.
Advantage of removing your BKR registration yourself:
Cost efficiency:
Taking action independently does not incur additional costs.
For an overview of the costs of our BKR procedures, please see our costs page.
If you disagree with the lender's decision, you can take the matter to the Financial Services Complaints Institute (Kifid) or you can go to court. While both procedures have similarities, they also differ in important ways. Which route you choose depends on your specific situation, the risk you are willing to take and the costs you are willing to incur. Below we highlight the procedures at both the Kifid and the court.
The Kifid
The Kifid acts as an independent dispute resolution body for financial institutions. Proceedings at the Kifid have both advantages and risks. A major advantage is that proceedings before the Kifid are free of charge. The duration of a case with the Kifid can vary from a few months to over six months. What many people do not know, however, is that the Kifid also holds a hearing. You are then expected to speak at this hearing, competing against experienced lawyers from the lender. Therefore, it is advisable to be assisted at the hearing by an expert in this field.
Please note that if you lose the case at the Kifid, in principle you can no longer go to court. In principle, there are then no further appeal possibilities for you. In addition, various judgments that are available show that the chance of success at the Kifid is less than at court.
Starting legal proceedings
Based on the judgments available on jurisprudence.nl, it appears that consumers win most cases in court. In these cases, Dynamite Netherlands has a success rate of over 80%. However, keep in mind that such proceedings can be financially significant.
Two different procedures are available for lawsuits.
Petition process
The petition process is a legal procedure that begins with filing a petition with the court. In this procedure, you ask the court to make a decision about removing your BKR registration. This procedure takes an average of 3 to 5 months.
Officially, you do not need a lawyer or attorney for this procedure. However, it is important to realize that filing a petition must meet formal requirements. Moreover, you will be competing with the lender's lawyer. Therefore, it is advisable to be assisted by an expert in this field for this procedure.
Brief
Summary judgment is an expedited procedure designed to obtain a court ruling on short notice. To initiate summary proceedings, you must have an urgent interest in the removal of your BKR registration. Thus, it is not possible to initiate summary proceedings without urgency.
Summary proceedings start with a summons, in which the opposing party is summoned to appear in court. The deadline for this summons is set by the court and usually ranges from a few weeks (in very urgent cases) to six weeks.
Practice in court or the Kifid
Taking out a mortgage with an H code: What you need to know
What are the advantages and disadvantages of removing my BKR registration myself?
The advantage of removing your BKR registration yourself is that it does not cost you any money. The disadvantage is that you need a lot of time and knowledge of the laws and regulations regarding BKR registrations. Moreover, there is an increased risk that your request will be rejected if you do not have the necessary knowledge and experience.
Why should I hire a professional company to remove my BKR registration?
A professional company has the necessary expertise, knowledge and experience to remove your BKR registration quickly and successfully. They also often have established contacts within the financial industry and know what works and what doesn't. This increases the chances of success and reduces your stress.
