Removal of BKR registration due to formal error?

Questioner

We are working on a mortgage application for a home. Now it appears after requesting a BKR overview that I have an A2 coding at the bank from 2019. In response to this, I contacted the bank's arrears department twice on 30 November. During the conversation, I was also told twice that their systems stated that there was an arrears from 2019 and that this file had been transferred to a collection agency. An employee gave me the contact details of the collection agency and I contacted them. The collection agency emphasized to me that they had never received a file and that, based on the information provided and my name and address details, they were not aware of any file for me and referred me back to the bank. When I called them again, they said again that they had a record of the file having been transferred to the collection agency. I have also not received any mail in recent years about a possible ongoing file with another collection agency regarding this arrears. If there was one, I have therefore wrongly not had the opportunity to resolve this properly to the satisfaction of both parties since 2019. Can I claim removal of the registration on the basis of this incorrect registration and/or achieve removal of the registration through legal means on the basis of a formal error and therefore no opportunity to resolve this earlier?

Lawyer

It can be very stressful to have a negative BKR registration, especially if you want to get a mortgage. In your situation, it seems that an error was made in the registration of your debt and the transfer to the collection agency. The Bureau Krediet Registratie (BKR) has certain rules and procedures that must be followed before a debt is registered. One of the most important of these is that you as a debtor must first receive a arrears and warning notice before the debt is registered. It seems that this did not happen in your case. If the bank in question cannot prove that they sent these messages, you can challenge the unlawful registration under the Personal Data Protection Act. Although this process can be complicated, it may be worth hiring a specialist lawyer to help you with this process. It is also important to remember that a BKR registration is usually only removed after five years. This means that the registration can remain for a few years, even if the debt has been paid off. However, in some cases it may be possible to have the registration removed sooner, for example if there is an error such as in your case. In any case, it would be wise to send a letter to the bank in question (possibly via a lawyer) explaining that you dispute the debt and that you want to see evidence of the communication that led to the registration. If the bank does not respond or cannot substantiate the registration with evidence, you may consider filing a formal complaint with the Dutch Data Protection Authority, which monitors compliance with the GDPR and other privacy laws. Important: This advice is based on general principles of Dutch law and is not a substitute for legal advice. Each case is unique and may have different legal implications. It is always advisable to seek legal advice.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.