07-10-2012 12:51 PM
07-10-2012 12:55 PM
As far as I understand things, only the OC can report a DoFD. The CA cannot report a DoFD or update a DoFD. In-fact, the CA has no monthly payment stipulation to report a delinquency against.
07-10-2012 01:14 PM - edited 07-10-2012 01:18 PM
Debt collectors are required to report the DOFD.
FCRA 623(a)(5) requires that any party who reports information on an account that has been placed for collection or charged-off must report the DOFD on the OC account to the CRA within 90 days of their reporting. The FTC has successfully brought numerous actions against debt collectors for either failing to report a DOFD, or for inaccurately reporting a DOFD.
There are, for example, many situations where an OC never reported to a CRA, and thus have no requirement under the FCRA to ever report the DOFD. In that situation, the debt collector must contact the OC and take "reasonable procedures" to obtain the DOFD from them. FCRA 623(a)(5)(B)(ii),
A DOFD can definately change. Any time a delinquent account is brought back into a non-delinquent status, the old DOFD becomes irrelevant.
Upon occurence of a new first delinquency, a new DOFD occurs. It becomes fixed in stone when a collection is reported, and that date cannot therafter change.
07-10-2012 02:01 PM
07-10-2012 02:11 PM
SOL may or may not be determined by the same date as the DOFD.
In most states, the statute of limitations is defined based on the date of first "cause of action," which is usually the same as the DOFD.
However, each state has different provisions, with some providing reset based on other actions. You need to check out the provisions of your state SOL statute.
If you have evidence that the account was never brought back into good standing after the original DOFD and they continue to verify a later DOFD, then you will most likely need to bring civil action for violation of FCRA 623(a)(5) to get the matter before a judge.
07-10-2012 02:43 PM
Ok so my last question is that I live in a State that has the "first cause of action" law, would I be better off waiting until 01/13 and letting the SOL expire and then attempting to work something out? I am trying to get a mortgage and know that my chances of approval are pretty slim with a large collection on my report. Unfortunately I don't have enough to PIF and or settle so that's why I was thinking the SOL would be a good tool to get the account resolved favorably. Thoughts?
07-10-2012 02:53 PM
It certainly would remove their additional collection tool of getting a judgment on the debt. You could then send them a cease collection letter, eliminating their ability to contact you. Their remaining major tool would then be reduced to your aggravation with continued CR inclusion.