What is a BKR registration?
The BKR keeps data on all Dutch people with loans or payment arrears. Consider personal loans, overdrafts, credit cards, car lease or private lease contracts. A registration is intended to prevent over-crediting, but in practice it often acts as a blockage for those who have now got their affairs in order again.
When will you receive a negative registration?
- In case of arrears of more than 120 days;
- After termination of a credit due to non-payment;
- In the case of a payment arrangement that is not met;
- After debt counseling or WSNP process;
- During fraud investigation by the bank (sometimes incorrectly combined with an EVR report).
Registrations are recorded with codes (A, H, or special codes such as A1, A2 or A3). These usually remain in place for five years, even after the debt has been repaid.
When is a BKR registration unjustified?
According to established case law and the GDPR (Articles 5 and 6), a registration may only be placed if it is necessary and proportionate. The bank must make a balance between its interest in protecting the credit sector and your interest in financial rehabilitation. That consideration is often missing. The following situations regularly lead to deletion:
- The backlog has long since been cleared, but the registration remains;
- There were special circumstances (illness, divorce, temporary drop in income);
- The registration is incorrect or not up to date;
- The bank did not apply a hearing or insufficiently substantiated it;
- There is a violation of privacy rules (GDPR).
What does the case law say about this? BKR removal?
Case law confirms that banks are not automatically allowed to register for five years. Customization must be provided on a case-by-case basis. In many recent rulings, the registration was deleted or the duration was shortened because the financial situation of the person concerned was now stable.
How can you have your BKR registration deleted?
- Request your BKR details via bkr.nl. There you can see which codes have been registered.
- Submit a request for correction or deletion to the lender. They are responsible for the report.
- Increase legal pressure if the request is rejected. A lawyer can submit a reasoned objection on your behalf with reference to the GDPR and case law.
- If necessary, start a procedure with the court or KiFiD.
How long does a BKR registration remain?
A negative registration usually remains visible for five years after termination of the credit. This period is not an absolute given – the bank can shorten the duration upon request if your circumstances justify this. In some cases, the judge has determined that even two years was sufficient.
BKR registration and personal injury
A BKR registration can also play a role in personal injury cases. Victims who temporarily lose their income sometimes experience payment problems and are registered. When the personal injury amount is paid out later, restoration of creditworthiness is important. We help clients to remove unnecessary registrations, especially if the payment arrears are directly related to the accident or delayed compensation.
What can Arslan Advocaten do for you?
- We check whether the registration is lawful and meets the GDPR criteria;
- We conduct correspondence with the bank or lender;
- We draw up a legally substantiated request for deletion;
- We will – if necessary – initiate a procedure with KiFiD or the civil court;
- We try to recover the costs from the financial institution when the registration turns out to be unjustified.
Why Arslan Advocaten?
- Experienced in financial and insurance law and in proceedings against banks and insurers;
- Free legal assistance possible in the event of damage, because we can recover the costs from the institution;
- Expert in privacy and registration disputes (GDPR, PIFI, EVR, IVR, CIS);
- Can be used throughout the Netherlands, also online.
Frequently asked questions about BKR registrations
How long does a BKR registration remain?
Usually five years after paying off the debt. But the bank must weigh up interests; in some cases this can be shorter.
Can I have my BKR registration deleted?
Yes, if the registration is no longer necessary or has not been recorded correctly, you can request deletion. This is often possible through a legally motivated request.
What if the bank refuses?
Then you can file a complaint with KiFiD or start proceedings in court. We supervise that entire process.
What does it cost?
In many cases we can recover the costs from the lender. You will then pay nothing for our assistance.
Questions or need immediate advice? Please feel free to contact Arslan Advocaten. We are happy to help you delete or correct a BKR registration.