If you believe that a negative registration in the Central Credit Information System (CKI) managed by the Bureau Krediet Registratie (BKR) is unjustified or erroneous, and your out-of-court request for correction or removal has been denied by the credit reporting agency or the lender, you have the option to pursue the matter through the courts. The judicial procedure for removing a BKR registration requires careful preparation and adherence to deadlines. Following the rejection of your out-of-court request, you have six weeks to file a claim with the court. Bas A.S. van Leeuwen, attorney at law and forensic auditor, plays a central role in this process by providing legal advice, preparing the application, and representing you in court. His expertise is crucial to ensuring that your claims for correction or removal of the BKR registration are effectively pursued.
1. Initiating Judicial Proceedings
When a lender rejects your request for correction or removal of the BKR registration, you have the option to bring the dispute before a civil court. This process involves filing a claim with the civil court to seek the removal or correction of the data.
1.1. Types of Proceedings
Typically, the submission of a claim to a civil court is done through a request procedure (verzoekschriftprocedure). This type of procedure is used to resolve legal issues that do not require extensive evidence gathering but are decided based on the submitted documents and written arguments.
1.2. Claim under the GDPR
Article 79 of the General Data Protection Regulation (GDPR) governs the deadlines for filing a claim for judicial review. These deadlines are very strict to ensure that complaints are handled promptly.
2. Deadlines for Filing the Claim
According to Article 79 of the GDPR, the deadlines for filing a claim with the court are as follows:
2.1. Deadline after Receiving the Response
- Six Weeks after receiving the response from the data controller: If the lender or BKR has responded to your request for correction or removal, you must bring the matter before the court within six weeks after receiving that response if you disagree with it.
2.2. Deadline after the Response Period Has Expired
- Six Weeks after the expiration of the response period: If the data controller (lender or BKR) has not responded to your request within the statutory response period, you also have six weeks to file a claim with the court after the response period has expired.
2.3. Special Notes
- It is crucial to adhere strictly to these deadlines to prevent your claim from being rejected due to late filing. The claim should be thoroughly documented and well-prepared to maximize your chances of success.
3. Preparing the Claim
To prepare and file the claim effectively, the following steps are necessary:
3.1. Documentation
- Gather Evidence: Ensure that you have collected and organized all relevant documents, such as correspondence with the lender or BKR, copies of notices, and other pertinent evidence.
- Formulate the Justification: Your arguments must be clear and compelling. Explain in detail why the registration is considered erroneous or disproportionate. Use legal and factual arguments to support your position.
3.2. Legal Assistance
- Legal Counsel: It is advisable to seek the support of an experienced attorney who is knowledgeable about data protection law and credit reporting systems. An attorney can assist in correctly formulating the claim and preparing the relevant legal arguments.
4. Role of Bas A.S. van Leeuwen, Attorney at Law and Forensic Auditor
4.1. Professional Advice and Support
Bas A.S. van Leeuwen brings extensive expertise in both legal and forensic matters. His responsibilities include:
- Review of the Registration: Van Leeuwen assesses the legality and accuracy of the BKR registration and analyzes whether the legal requirements have been met.
- Advice on the Claim: He assists in drafting and submitting the claim, ensuring comprehensive documentation and legal arguments to maximize your chances of success.
4.2. Representation in Court
- Filing the Claim: Van Leeuwen handles the filing of the claim with the court, ensuring that all legal requirements are met. He ensures that the claim is submitted in a timely and correct manner.
- Negotiation and Strategy: In the event of judicial proceedings, he develops strategies to represent your interests. This includes preparing for court hearings and representing you before the court.
