Removing an Unjust BKR Registration via KiFiD: Here's How It Works

·4 min read
Removing an Unjust BKR Registration via KiFiD: Here's How It Works

Is your BKR registration unjust? Learn how to file an objection via KiFiD, what steps to follow, and how Arslan Advocaten helps with removal.

A BKR registration can have major consequences. You will not receive a mortgage, no loan and sometimes not even a telephone subscription. What many people do not know is that you can object via the Financial Services Complaints Institute (KiFiD) if a registration is unjustified. In many cases, the registration is then shortened or even deleted completely.

At Arslan Advocaten we help clients every day to delete a negative BKR registration. Thanks to our experience with financial law and privacy law, we know exactly how to increase your chances with the KiFiD.

What is the KiFiD?

The KiFiD is an independent dispute resolution body where consumers can file complaints against financial institutions such as banks, lenders and insurers. So you do not have to go to court immediately. The KiFiD checks whether your registration is lawful and whether the bank or lender has complied with the rules.

When can you go to the KiFiD?

You can go to the KiFiD if:

  • your BKR registration has been placed incorrectly;
  • the bank has not properly assessed your personal circumstances;
  • the registration takes too long (for example the maximum five years without weighing of interests);
  • the registration has disproportionate consequences, such as not being able to get a mortgage.

KiFiD not only looks at the letter of the law, but also at the reasonableness of the decision. This means that there is room for personal consideration of interests.

Step-by-step plan: this is how you have your BKR registration tested at KiFiD

1. Request your BKR overview

Go to bkr.nl and request a current overview. It states who registered you and for what reason.

2. First submit a complaint to the institution

Before you can go to KiFiD, you must first submit a complaint to the bank or lender itself. Do this in writing and explain why the registration is no longer proportional. Please indicate that you cannot exercise your right to a mortgage, job or financial peace due to this registration.

3. Then submit your complaint to KiFiD

If the institution does not respond within six weeks or rejects your complaint, you can submit the dispute to KiFiD. This can be done digitally via kifid.nl. You explain why the registration is unjustified and attach all documents that substantiate your position.

4. Handling by the Disputes Committee

KiFiD then asks for a response from the bank and examines both positions. This is followed by a ruling. In many cases, KiFiD judges that the registration must be deleted or shortened, especially if the interests of the consumer have not been sufficiently taken into account.

Common mistakes made by banks and credit providers

  • The registration is too long (five years) without individual consideration of interests.
  • The institution only bases its decision on an old incident.
  • The personal circumstances (such as recovery of income or family situation) have been ignored.
  • The communication with the consumer has been been incomplete or unclear.

If these errors occur, there is a good chance that KiFiD will decide to delete or shorten the registration.

What can Arslan Advocaten do for you?

  • We analyze your registration and the underlying documents.
  • We draft up the notice of objection to the bank or lender.
  • We submit your complaint at KiFiD and carry out the procedure on your behalf.
  • We recover the costs from the financial institution where possible, so that our help is often free of charge for you.

Frequently asked questions about KiFiD and BKR registrations

How long does a procedure at KiFiD take?

On average three to six months, depending on the complexity of the case. The case is often settled in writing.

Do I need a lawyer?

It is not mandatory, but legal advice significantly increases your chances. A lawyer knows exactly how to substantiate your interests.

Can the bank appeal?

Yes, the KiFiD ruling can still be appealed to the Appeals Committee or the civil court.

Do you want to have your BKR registration deleted via KiFiD?
Contact Arslan without obligation Lawyers. We assess your registration, draw up the objection and guide you through the entire procedure.

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