DOFD - Equifax / TransUnion

[hotpoint]

Hello –

Need help in determining DOFD.  I have repeatedly disputed a CA with the Collection Agency, the OC and Equifax (I have yet to send the required letter to Trans) to no avail.  I have asked the Collection Agency and the OC for my payment history to prove the reported DOFD is incorrect (no results).  Equifax is saying the DOFD is the same as the DOLA, although it is clearly reported differently on my report (another issue).  Here is the dispute, I recently found my payment history from the OC and faxed the necessary document to the OC, the Collection Agency and Equifax only to receive the same message / “verified and it will remain”.  Here are the facts – I had the account for about three years, and according to the payment history I am embarrassed to admit the account only had a zero balance four times.  The last zero balance was 6.15.2005 for $122.55, which I paid on time.  My next bill 7.11.2005 was paid late on 8.2.2005.   From that point on, the statement clearly reflects several late payments and the balance was never up to date from 8.2.2005 to 1.16.2006.  Which means the DOFD was 8.2.2005.  I moved, and closed the account on 1.16.2006.  The remaining balance ($180.00) was sent to a CC – I was never notified.  I noticed the CA in 2007 while reviewing my credit report, and without hesitation and seeking the advice of the FICO scholars, I paid the balance in full.   The DOFD that is reported is 2.2006. 

I am eager to hear your comments; I have been silently dealing with this issue for about 5 months, please share your knowledge. BTW, this is a utility bill.  I have registered a complaint with the FTC against Equifax and with the BBB for the Collection Agency. 

HotPoint

[llecs]

EQ's CSRs are squirrelly. They keep saying over and over that the CRTP strarts at DOLA. That's why they are telling you that DOFD=DOLA, which isn't true.

DOFD is the date you first went late and never ever recovered again. DOLA can reset with a payment, an account update, or even via a dispute. DOFD should always preceed DOLA.

If the facts are true, I agree that DOFD would be 8/2005. Though, if the account was still open and you paid it several months later, bring it current again just before you closed it, then I can see how they say the DOFD is later. If that's the case, then it's just a closed, non-CO'd account, with lates reporting. Those lates will start falling off this year and by this time next year, it should be reporting as a positive account with a removal coming in early 2016.

If this was a utility, did you have services during the months showing the lates?

[hotpoint]

If the facts are true, I agree that DOFD would be 8/2005. Though, if the account was still open and you paid it several months later, bring it current again just before you closed it, then I can see how they say the DOFD is later. If that's the case, then it's just a closed, non-CO'd account, with lates reporting. Those lates will start falling off this year and by this time next year, it should be reporting as a positive account with a removal coming in early 2016.   If this was a utility, did you have services during the months showing the late.

Thanks LLecs for your reply -- the DOFD is 8.2005. The account was never brought up to date and the statement clearly reflects that case. When I finally paid the account it was closed. The collection agency is reporting the DOFD as 2/2006 and the DOLA as 4/2007. I am sure you know why I want the correct info reported. BTW, I am sure I came close to a disconnection several times, but frankly I have conveniently erased this from my memory. I am now forced to pursue other measures.

HotPoint

[llecs]

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@hotpoint wrote:

Thanks LLecs for your reply -- the DOFD is 8.2005. The account was never brought up to date and the statement clearly reflects that case. When I finally paid the account it was closed. The collection agency is reporting the DOFD as 2/2006 and the DOLA as 4/2007. I am sure you know why I want the correct info reported. BTW, I am sure I came close to a disconnection several times, but frankly I have conveniently erased this from my memory. I am now forced to pursue other measures.

HotPoint

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If I had that, I'd probably start GWing both the OC and CA. I'd try that a few months before changing tactics. If GWs failed, then I'd consider the direct dispute method. But I'd definitely try GWs first (asking for deletion) because the direct dispute method won't make them open to a GW.

[RobertEG]

What is necessary to contest inaccurate reporting of a DOFD is that you first have evidence of the specific DOFD that was reported, and who reported it.

Any party reporting information on an account placed into collection is required, under FCRA 623(a)(5), to report the DOFD on the OC account to the CRA within 90 days of that reporting.  So that raises the issue of who has reported the account.

At the time the account was placed for collection, was the OC reporting to your credit file?  If so, they were required to have reported the DOFD on their account.

If the OC reported, the date they reported trumps all, as any debt collector is then required to report that same date.  You post did not state that the OC was reporting on the account, so I assume they were not.

In that event, the debt collector was required to have contacted the OC and attempted to get the actual DOFD from them.  If the OC provided them a date, then that is the date they were required to have reported.  If they were unable to obtain a DOFD from the OC, they were entitled to make their best estimate of the DOFD, but in no case could they report a DOFD later than the date of collection referral to them (usually the date opened of the collection).  If the OC is also verifying the accuracy of the DOFD, then the debt collector is properly reporting if they report that date, and the issue would be with the OC.

The date the CRA is required to use is the FCRA Compliance Date/Date of First Delinquency that was reported to them.  That is a very specific reporting code.

I would send the CRA an information request under FCRA 609(a)(1), and get the specific DOFD that was reported to them.

It is also a bit unclear as to whether your earlier communications were actually a dispute.  It is stated that you send documents to the OC, debt collector, and CRA.

Did those constitute an actual dispute?  If so, the statute and direct dispute rules set forth that a renewed dispute on substantially the same basis can be dismissed without investigation as "frivolous of irrelevant," so your dispute avenues may now be shut off.

You can always file civil action for inaccurate reporting, once you have clear evidence of the reported DOFD.

With a DOFD of 8/2005, credit report exclusion would not arrive until after 2/2013.   If one back-calculated only 7 years from that date, then that looks suspiciously like their stated "DOFD" of 2/2006.  ARe you basing their assumed DOFD on an actual statement of DOFD, or upon a back-calculation based on an "expected" exclusion date?

If it remains after the statutory exclusion date, you must then determine who is at fault... the debt collector or the CRA.  The debt collector would be at fault if they reported an improper DOFD.  The CRA would be at fault if more than 7 years plus 180 days had expired since the reported DOFD. 

You have time before the exclusion date arrives, so I would get the REPORTED DOFD that is of record in your file.

[hotpoint]

I have tried the GW attempt numerous times -- to both OC and the CA, and I have called both to no avail. I have exhausted all means ... They both seem to have a misunderstanding of the DOFD (maybe because it's a utility bill). I will call one again to the OC and the CA for final results. Next step is to contact the RA for Equifax and the Atty. Gen for the CA/OC. I know I'm in for a fight, but at least they will update their methods for the other potential clients ...Actually I have nothing to loose. HotPoint

[RobertEG]

Again, before doing anything, I would send a 609(a) request and get the actual, reported FCRA Compliance Date/Date of First Delinquency that is currently of record in your credit file.  All other arguments about what it might be are kinda secondary until you know what has actually been reported, and who reported it.  Documentation from the CRA of the specific date of record in your file would be the first step to taking any legal action.

A reported DOFD is not evidence of actual DOFD, but it is evidence of what has been reported and what the CRA must use.

[hotpoint]

I mentioned what was reported in my original post i.e. 2/2006 as the reported DOFD (please review). I emailed my statement / payment history to the OC, CA and Equifax. The argument of the CA is they obtained the info from the OC. The OC clearly thinks the DOFD is when it was sent to the CA -- it's a nightmare. The Acct. was only reported by the CA. I faxed upon request to equifax and they continue to say "it remains". When I spoke with the super for equifax she mention, "we only use the info as support". It was the agent at FTC that gave me the knot and correct info to pursue legal action. I will contact the OC and the CA on Monday, because it's been a week. Please keep in mind I began communicating with the OC and the CA in March (documented correspondence). HotPoint

[hotpoint]

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@RobertEG wrote:

Again, before doing anything, I would send a 609(a) request and get the actual, reported FCRA Compliance Date/Date of First Delinquency that is currently of record in your credit file.  All other arguments about what it might be are kinda secondary until you know what has actually been reported, and who reported it.  Documentation from the CRA of the specific date of record in your file would be the first step to taking any legal action.

A reported DOFD is not evidence of actual DOFD, but it is evidence of what has been reported and what the CRA must use.

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Hello RobertEG -- need suggestions,

Updated info, after contacting the FTC and filing a dispute -- I disputed with the CA, and filed a dispute with the Collection Service Board that governs the CA.  I spoke with their Atty, and the case is going to be presented to the board sometime in Aug.  The CA responded to the complaint by saying "We did not establish the delinquency date and merely reported the date given to us by our client.  We are told by our client that they have turned this over to their legal department for review."

I was under the impression the the CA had to verify/validate the DOFD before reporting . . . any suggestions.

HotPoint