Why does a BKR registration remain after WSNP or debt assistance?
When you are admitted to an amicable or legal restructuring process, lenders report this to the Credit Registration Office (BKR). The SR coding is usually placed during the process (remediation scheme). After you have successfully completed the process, it will be replaced by an RH coding (recovery after remediation). The RH code remains visible by default for five years, calculated from the date of termination.
The idea behind this is that lenders want to have an idea of recent financial problems. But that reasoning should not be applied automatically: according to case law and the GDPR, it must be assessed on a case-by-case basis whether such a long-term registration is still necessary and proportionate.
When can a registration remain?
A registration may only be maintained if the lender demonstrates that there is still a real risk that you will have payment problems again. In all other cases the registration must be deleted or shortened. The bank or lender is obliged to:
- make an individual weighing of interests;
- assess your current financial situation;
- take your views into account in the decision to maintain the registration.
What do judges and KiFiD say about this?
The line in the case law and in the KiFiD is clear: banks and lenders are not allowed to automatically register for five years after completing a WSNP or debt assistance process. They must demonstrate that the registration still serves a purpose. If not, the registration must be deleted.
The Autoriteit Persoonsgegevens has also confirmed that long-term registrations may conflict with the principles of data minimization and proportionality from the GDPR.
When can you request deletion or shortening?
You can request deletion or shortening of your BKR registration after WSNP or debt assistance when:
- you have completed your restructuring process with a clean slate;
- you have managed your finances in a stable manner since completion (permanent job, no new debts);
- the registration hinders your recovery (e.g. mortgage application);
- the lender has not made a weighing of interests or has poorly justified it.
In those situations, you can submit a reasoned request to remove the registration or shorten the duration. If this is rejected, you can object through a lawyer or go to KiFiD or the court.
How does the procedure work?
- Request your BKR overview via bkr.nl and check which codes have been placed (usually SR and RH).
- Submit a written statement submit a request to the lender for removal or reduction, with reference to your stable financial situation and relevant case law.
- Is this rejected? Engage Arslan Advocaten to object or take the case to court.
- Possible appeal to KiFiD if it concerns a bank or financing company that is subject to their supervision falls.
BKR after debt assistance: difference between municipal and WSNP processes
With municipal debt assistance (amicable process), the registration is usually placed by the lenders involved themselves. At WSNP this usually happens automatically after admission to the statutory scheme. However, the effect is the same: SR during the regulation, RH afterwards. In both cases, a registration may not remain indefinitely if there is no longer any risk.
Common mistakes made by lenders
- no weighing of interests made after completion of WSNP;
- maintaining registration despite a long-term stable situation;
- unclear or incorrect indication of end date RH code;
- refusal without justification (contradiction with GDPR).
What can Arslan Advocaten do for mean to you?
- We check whether your registration is still lawful;
- We submit a reasoned deletion request to the bank or credit provider;
- We refer to recent rulings and legal grounds (GDPR, proportionality, right to be forgotten);
- We - if necessary - conduct proceedings before the court or KiFiD;
- We try to recover the costs from the institution, so that legal assistance is free of charge for you is.
Frequently asked questions about BKR and WSNP
How long does a RH coding remain in place?
Standard five years after completion of the WSNP, but that period can be shortened if your financial situation is stable.
Can I have my BKR registration deleted after WSNP?
Yes. If the registration is no longer necessary or is being wrongly maintained, you can request deletion through a lawyer.
Do I have to wait until the five years are up?
No. You can submit a request immediately after completing the process, especially if you have recovered financially and registration is hindering you.
What does legal assistance cost?
In many cases we can recover the costs from the lender. You will then pay nothing for our assistance.
Questions or need advice? Please feel free to contact Arslan Advocaten. We help you delete or shorten your BKR registration after debt assistance or WSNP.