How to remove BKR registration
How to remove BKR registration
Is a negative BKR registration blocking you from purchasing your dream home, leasing your favorite car, obtaining credit or realizing other plans for the future? Then it is important to have the negative BKR registration removed. In most cases, this registration will hinder you financially.
CoderingVrij is happy to help you with this so that you can still realize your future plans. As a legal service provider, we specialize in, among other things, the early removal of (negative) BKR registrations. We do this together with our entire team. Below we will give you more information about our working method and show you in four steps how we can help you with the early removal of the negative BKR registration.
No time to go through the step-by-step plan and do you want to speak to a legal advisor right away? Then contact us without obligation by telephone: 088-426 3737 or fill in the contact form and we will contact you as soon as possible.
What is a BKR registration?
A BKR registration is a registration in the system of Stichting BKR. This foundation was established by Dutch banks and financial service providers with the aim of providing information to credit providers and to help consumers prevent financially difficult and/or debt situations.
When is a registration placed? When taking out a loan of more than €250 with a term longer than one month, this is registered in the system of Stichting BKR. Based on the Financial Supervision Act (Wft), credit providers are required to do this.
Examples of loans that are registered are:
An overdraft on the checking account;
A credit card ;
A personal loan or revolving credit;
A mobile phone subscription with a device value higher than €250;
A private lease .
A mortgage is not registered in principle. At the moment that a payment arrears arises on the mortgage, this does become visible on the BKR. A student debt is also an example of a credit that is never mentioned on the BKR.
1. A consultation with one of our legal advisors
Removing a (negative) BKR registration depends on a number of factors. How many BKR registrations are reported on your BKR overview, what are the special codes that are reported, what happened in the past, what is the current (financial) situation now and what is the importance of early removal of the negative BKR registration. All factors that are unique per situation and why we do this for each file customizationoffer. You can read more about what a (negative) BKR registration is exactly here .
A conversation with one of our legal advisors is therefore the first step. Based on the information, they can assess what the possibilities are for an early removal of the (negative) BKR registration, what the possible duration of the file will be and which legal procedure is most appropriate for your situation. A cost indication can then also be given.
There are three different legal procedures possible. These consist of a amicable procedure, in which you can choose between a regular trajectory and an accelerated trajectory and a legal proceedingsDuring the consultation, our advisors can inform you about the most appropriate procedure for your unique situation.
2. Start with legal research
If we see opportunities to help you remove the (negative) BKR registration early after the consultation, we will start a legal investigation.
During the consultation, we will discuss the various possible courses of action. If you have started an amicable procedure and a regular course of action, the legal procedure will consist of two parts. The first part will include a information requestwill be sent to the relevant credit provider(s) that registered you with Stichting BKR. This information request requests the credit provider to check the correctness of the registration and to verify whether it has been correctly placed on the BKR and whether all visible data is correct.
The credit provider will have to check the entire (negative) BKR registration on the basis of the information request and send the results. CoderingVrij can also then use the documents obtained from the credit provider to perform a check on the correctness of the (negative) BKR registration.
Have you opted for an accelerated procedure? Then this information request will be combined with the step below, a legal request to remove the (negative) BKR registration.
3. Legal procedure
The next step in the amicable procedure is the preparation of a legal request for early removal of the negative BKR registration. A (written) discussion is held with the relevant credit provider(s) to have the negative BKR registration(s) removed early on the basis of the General Data Protection Regulation (GDPR).
During the legal procedure, you will be assigned a permanent lawyer. Together with the lawyer, you will start building a complete file. Using information about the origin of the negative BKR registration, the current financial situation and the importance of early removal, the lawyer can prepare a written request. The legal request will then be strengthened with supporting documents to convince the credit provider of the early removal of the negative BKR registration.
Because personal data is also registered when registering in the BKR system, the GDPR applies. The GDPR requires that the processing of personal data must meet a number of requirements. One of these requirements is that the data processor must be able to demonstrate that they have compelling legitimate interests in maintaining the negative BKR registration. In this regard, a balance must be struck between the interests of maintaining the negative BKR registration against the interests of early removal of the negative BKR registration.
In the event of a legal proceedings it is not the lender itself that decides whether or not to remove the negative BKR registration early, but an independent judge decides. Legal proceedings provide the certainty that an independent party will assess whether the negative BKR registration meets the requirements set by the GDPR and must be maintained for a longer period.
Legal proceedings can be initiated on their own without an amicable procedure having taken place beforehand. If this is seen as a follow-up option after an amicable procedure, legal proceedings will generally have to be initiated within six weeks of receipt of the lender’s rejection of the amicable request.
4. Remove BKR registration
In almost 90% of cases, a case is settled through an amicable legal procedure. Through the extensive legal request, we were able to convince the lender of the importance of early removal of the negative BKR registration. Given the years of experience of our lawyers, they know better than anyone else which elements a legal request must contain in order to convince the lender. After receiving confirmation from the lender, a negative BKR registration will be removed within a few days and will therefore no longer be visible on the BKR overview. You can now pursue your financial goals without hindrance!
Is the outcome of the amicable process negative? Then the follow-up options can be examined, such as starting a legal proceedings. During legal proceedings, the judge assesses your file as an independent party. Does the judge see no compelling justified reasons to maintain the BKR registration? Then the BKR registration must be removed early by the lender. This will also take place within a few days after the judge’s ruling.
Do you want to know which route best suits your situation and how we can help you with the early removal of the negative BKR registration ? Call us directly and without obligation on telephone number 088-426 37 37 or fill in the contact form and we will contact you as soon as possible.
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Find all the answers to the frequently asked BKR questions
Because every situation is different, we offer tailor-made solutions in every file. The price for a procedure can therefore differ per case. To dispute a negative BKR registration, you can take into account a target price of € 980. Do you want to know what the costs will be for your specific situation? Please contact us and we will be happy to advise you.
To check whether you have a negative BKR registration, you can request your BKR overview . In three short steps you can request an overview and see what is registered in your name. Do you have questions about what is on the BKR overview? We are happy to help you with an explanation.
Because every situation is different, we offer tailor-made solutions in every file. The price for a procedure can therefore differ per case. To dispute a negative BKR registration, you can take into account a target price of € 980. Do you want to know what the costs will be for your specific situation? Please contact us and we will be happy to advise you.
To check whether you have a negative BKR registration, you can request your BKR overview . In three short steps you can request an overview and see what is registered in your name. Do you have questions about what is on the BKR overview? We are happy to help you with an explanation.