A negative entry in the Central Credit Information System (CKI) of the Stichting Bureau Krediet Registratie (BKR) can have significant implications for your financial situation. The process for reviewing and, if necessary, removing such an entry is complex and requires a thorough understanding of the relevant legal regulations and procedures. The procedure for removing a negative BKR registration involves both out-of-court and judicial steps. Accurate verification of the entry’s correctness, filing a well-founded request for correction or removal, and timely responses to rejections are crucial for success. Bas A.S. van Leeuwen, attorney at law and forensic auditor, offers comprehensive legal support and expertise to ensure that your rights are upheld and that you have the best possible chance of successfully removing the registration.
1. Verification of the Accuracy of the BKR Registration
Before taking steps to remove a negative BKR registration, you should ensure that the registration complies with the legal requirements set out in the General Regulations. This verification involves several aspects:
1.1. Prior Warning by the Creditor
According to the General Regulations, the creditor is required to give you written warning before a negative entry is made at the BKR. This warning must be provided before the actual reporting and must inform you that a report to the BKR is imminent. This regulation ensures that you have sufficient opportunity to settle outstanding claims and address any misunderstandings.
1.2. Notification of the Entry
Once the negative entry has been made, you must also be notified about the registration. This notification must be timely and carried out in an appropriate manner, so you are aware of the current status of your creditworthiness and can respond in a timely manner if necessary.
1.3. Verification of Entry Accuracy
Ensure that the entry was made correctly. The specific conditions and requirements for the registration of claims should be reviewed in the General Regulations and relevant legal provisions. It is important to ensure that all legal requirements and contractual agreements have been adhered to.
2. Request for Correction or Removal
If you find that the negative BKR registration is unlawful or unjustified, you must formally submit a request for correction or removal to the creditor and, if necessary, directly to the BKR. The following steps are important:
2.1. Drafting the Request
The request must be detailed and compellingly justified. It should explain why the registration is considered erroneous or disproportionate. Possible reasons may include:
- Personal Circumstances: Exceptional personal circumstances that affected the payment.
- Justified Reasons for Non-Payment: Legitimate reasons why payment could not be made.
- Cause by Third Parties: The payment arrears were caused by third parties, not by you.
- Inadequate Information: You were not properly informed about the registration.
- Duration and Amount of Arrears: The arrears were either not prolonged enough or not high enough to justify the registration.
2.2. Observing Deadlines
The request for correction or removal must be submitted within twelve months after becoming aware of the negative impact of the registration at the BKR or with the creditor. This deadline is crucial for successfully asserting your claims.
2.3. Creditor’s Assessment
The creditor is required to weigh your interests against the objectives of the registration, including avoiding financial risks and combating abuse and fraud. The creditor’s decision will depend on how severe the arrears were and how promptly you responded.
3. Special Circumstances for Removal of BKR Registration
The removal of a BKR registration is only possible in special cases, including:
3.1. Exceptional Personal Circumstances
If exceptional and unforeseeable personal circumstances caused the arrears, this might be a valid reason for removing the registration.
3.2. Justified Reasons for Non-Payment
If you have understandable and legitimate reasons for non-payment that were beyond your control, this might form the basis for removing the registration.
3.3. Caused by Third Parties
If the arrears were caused by other individuals or external factors that you could not influence, this can be an argument for removal of the entry.
3.4. Lack of Information about the BKR Registration
If you were not properly informed about the registration, it might be justified to challenge the registration.
3.5. Insufficient Duration or Amount of Arrears
If the arrears were not prolonged or high enough to justify the registration, this can also be a reason for removal.
4. Role of Bas A.S. van Leeuwen, Attorney at Law and Forensic Auditor
4.1. Professional Expertise and Advice
Bas A.S. van Leeuwen, as an experienced attorney and forensic auditor, provides comprehensive support in contesting negative BKR registrations. His expertise includes:
- Reviewing the Registration: He assesses whether the registration complies with legal requirements and whether all procedures have been properly followed.
- Advising on Application: Van Leeuwen advises you on the formulation and submission of the request for correction or removal of the registration. He ensures that your application is comprehensive and legally sound.
- Negotiating with Creditors and BKR: He handles communication and negotiations with the involved parties to achieve an out-of-court resolution.
4.2. Support in Judicial Proceedings
If the creditor or BKR rejects your request, Van Leeuwen supports you in filing a lawsuit and represents your interests in court:
- Filing and Pursuing the Lawsuit: He assists in preparing and filing a legal claim, ensuring that all deadlines and formal requirements are met.
- Representation in Emergency Proceedings: In urgent cases, such as an impending property purchase, he supports you in emergency proceedings and ensures that your matters are resolved as swiftly as possible.
