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Adverse Account

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dman23
Frequent Contributor

Re: Adverse Account


@dman23 wrote:

@09Lexie wrote:

@dman23 wrote:

@RobertEG wrote:

What is commonly referred to as DOFD is defined under the statute as the date you first became delinquent on the account and remained delinquent up to the point of the referral or sale to the debt collector.  A DOFD can be reset if a previously delinquent account is brought back into good standing, and a new chain of delinquency then precedes the collection.

 

The debt collector was required to obtain and report the DOFD on the OC account to the CRA within 90 days after reporting their collection, so what they reported as the DOFD will be in your credit file.  Many consumer credit reports dont show the DOFD, but rather provide only as estimated date of exclusion, which is usually 6 months or so prior to the max exclusion date of 7 years plus 180 days from the reported DOFD.

If you obtain the reported DOFD, you will know the max date after which the CRA cannot include the collection in any credit report they issue.

 

How you handle contnued showing of a collection beyond 7 years plus 180 days from DOFD depends upon who is at fault, the debt collector or the CRA.

The CRA can only go on the reported DOFD.  If the reported DOFD is more than 7 years plus 180 days ago and it is still appearing in your credit report, you would file a complaint with the CRA for their clear violation of FCRA 605(c).

However, if the debt collector reported the incorrect DOFD, which results in the collection still being within the 7/180 period, the violation is on the part of the debt collector, not the CRA.  You would need to know what they reported to pursue inaccurate reporting of DOFD.

 

 


Thanks for your reply and info. Robert. The date this account was placed for collection was 10/28/2009 so that seems to be the best estimate of when the 7years plus 180 days starts. If I'm correct about that then it didn't have to be removed from my TU credit report, but it was. I'm not complaining.

Again, on my TU July 2013 report it says "Estimated month and year that this item will be removed: 2/2014. Who entered that? The CA or TU?
That's my main question. If it's the CA then I could write them a letter saying it was removed from my TU report but not Experian and Equifax. If that was entered by TU then I guess, at their disgression, they decided to drop this sooner than 7 years plus 180 days.


TU not the CA would have indicated the estimated date of removal on your CR. 


Thank you Lexie.


Update: Just purchased myFico Equifax report and score and this account was removed here too. Smiley Happy

Still on the Experian report I purchased on 4/21/14. Who knows, maybe it was removed since then.

myFico Score Experian: Start (4/21/14) 626 Current (5/7/16) 841
myFico Score Equifax: Start (4/30/14) 694 Current (5/6/16) 838
myFico Score Transunion Start (5/01/2014) 727 Current (5/7/16) 842
Discover (4/24/14) 659 (5/5/16) 842
Message 11 of 11
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