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3darcher2
Posts: 69
Registered: ‎08-16-2011
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DOFD Dilemma courtesy of OC

Another poster today discussed situations with DOFD and CAs which Robert answered very well, but I have a twist.

 

I have an old CO with a local CU CC.  The CU obtained a judgment in 2010 but apparently did not register it, if that's the right terminology, because it does not show on any of the 3 CRAs.  So I have been paying the balance down finally over the past 6 months. 

 

The backstory to this account is opened in 2001, started having trouble in 2004 and despite what the reports say I called and closed card to prevent future purchases.  Started missing payments in late 2005.  I don't think I ever got caught up.  Back then, this CU only reported to EX.  The only report I have is from Oct 2008 is here:

 

Status:  Closed/Past due. $6X past due as of Oct 2008.   
   
Date Opened:
08/2001
Reported Since:
08/2001
Date of Status:
06/2006
Last Reported:
10/2008
Type:
Revolving
Terms:
NA
Monthly Payment:
$250
Responsibility:
Individual
 
Credit Limit/Original Amount:
$6,000
High Balance:
$6,XXX
Recent Balance:
$3,4XX as of 10/2008
Recent Payment:
$60
   
Creditor's Statement:  Account closed at credit grantor's request.
  
   
Account History:
150 days as of Mar 2008
120 days as of Feb 2008, May 2006
90 days as of Jan 2008, Apr 2006
60 days as of Dec 2007, Oct 2007, Mar 2006
30 days as of Oct 2008, Sep 2008, Aug 2008, May 2008, Nov 2007, Sep 2007, Aug 2007, Jun 2007, May 2007, Apr 2007, Aug 2006, Dec 2005 to Feb 2006, Oct 2005, Feb 2005

 

 

Since it shows payments were $250 a month and the balance at the judgment in 2010 was $3XXX, there is no way I was making minimum payments.

 

Fast forward to today, I pulled my CR for the first time in 3 years last August.  It said CO as of Jun 2010, Jul 2010.  I made one $1500 payment early in 2010 and then started making more payments in Oct 2011.  The CU immediately started reporting to all 3 CRAs and the DOFD keeps changing and is different on the three.  The balance is now $7XX and I am ready to pay off.  Here is how the current reporting is on EX.

 

Status:  Account charged off. $3,XXX written off. $7XX past due as of Mar 2012.  Status Details:  This account is scheduled to continue on record until Sep 2018.

   
Date Opened:
08/2001
Reported Since:
08/2001
Date of Status:
02/2012
Last Reported:
03/2012
Type:
Credit card
Terms:
NA
Monthly Payment:
$0
Responsibility:
Individual
 
Credit Limit/Original Amount:
$6,000
High Balance:
$6,XXX
Recent Balance:
$7XX as of 03/2012
Recent Payment:
$100
   
Creditor's Statement:  Transferred to recovery.

Account History:
Charge Off as of Mar 2012, Feb 2012
150 days past due as of May 2010, Jan 2010, Sep 2008, Mar 2008
120 days past due as of Apr 2010, Dec 2009, Aug 2008, Feb 2008, May 2006
90 days past due as of Apr 2006
60 days past due as of Jan 2012, Sep 2011, Mar 2010, Nov 2009, Oct 2009, Jul 2008, Jun 2008, Jan 2008, Dec 2007, Oct 2007, Mar 2006
30 days past due as of Dec 2011, Aug 2011, Oct 2010 to Dec 2010, Jul 2010, Feb 2009 to Apr 2009, Nov 2008, May 2008, Nov 2007, Sep 2007, Aug 2007, Jun 2007, May 2007, Apr 2007, Aug 2006, Dec 2005 to Feb 2006, Oct 2005
  
   
Balance History - The following data will appear in the following format:
account balance / date payment received / scheduled payment amount / actual amount paid
Oct 2011: $1,XXX / October 3, 2011 / no data / $500
Jul 2010: $1,5XX / June 15, 2010 / no data / $50
Jun 2010: $1,5XX / no data / no data / no data
  
   
Between Jun 2010 and Oct 2011, your credit limit/high balance was $6,000

 

Over on EQ it shows DOFD 10/2009.  TU is showing estimate removal sometime 9/2016.  However the CO was in Jan 2010 and the ledger shows 60 days late in Aug 2009, 90 in Sep 2009, etc.

 

The crazy thing on EX is they keep changing the DOFD apparently and they keep changing the monthly reporting.   Months that showed as 90 days late now show OK.  Ones that were OK are now CO, etc.

 

The problem is the judgment is not reporting.  I don't want the judgment to be entered on my report but this reaging is driving me nuts.  I think it should truly be due to fall off shortly, but my records are spotty because of a basement flood.  I don't want to press, and PFD is not working.  I think the people at the CU (it is really small) are just not knowledgable.  IDK if they even understand what I am asking them.  I did get them to send me a statement from late 2009 on (handwritten ledger!) but they haven't sent the full account I requested.  I dont want to get them POed but I don't want to just pay it off and have it sit there for 7 years either.

 

Suggestions?

Mega Contributor
RobertEG
Posts: 17,728
Registered: ‎03-19-2007
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Re: DOFD Dilemma courtesy of OC

The critical statement you made was "Started missing payments in late 2005.  I don't think I ever got caught up. "

 

You need more than just a "think" to establish the true DOFD.

Your payment history shows mulitple reportings of 30-day lates.... such as 2/2005, then 10/2005, 12/2005, 8/2006, etc.

Each of those may or may not have reset your DOFD, depending upon whether you brought the account back into a non-delinquent status between those reportings.

 

DOFD lives until a new "commencement of delinquency" begins, then the old DOFD is overwritten and is totally immaterial.    It ultimately becomes the date of your first delinquency in the most recent chain of account delinquencies that immediately preceded a charge-off or collection referral.

 

Date of a charge-off is immaterial to credit report inclusion.  When they took the CO, or when they reported it to the CRA, was made irrelevant for credit reporting purposes by FCRA 605(c).  The statute defined a date-certain, the DOFD, to avoid any issues over any other such dates.

 

I see nothing in the reporting that clearly establishes the DOFD.  You need to know when your DOFD actually occured, and compare that with the date that was reported by the OC.  If the OC reported a first delinquency in the last chain of delinquencies prior to the CO, nothing provided makes that clearly an inaccurate statement of the DOFD.

 

New Contributor
3darcher2
Posts: 69
Registered: ‎08-16-2011
0

Re: DOFD Dilemma courtesy of OC

Fall off Sept 2018.

 

Judgment Jan 2010.

 

Latest possible DOFD by their own internal acct records is July 2009.  Sep 2018 implies Oct 2011 as DOFD, right?  Yet in August 2011 it was fall off date Jan 2017

 

Status Details:  This account is scheduled to continue on record until Jan 2017.

 

 

In Nov 2011

 

Status Details:  This account is scheduled to continue on record until May 2018.

 

In March 11, 2012

 

Status Details:  This account is scheduled to continue on record until May 2018.

 

March 12, 2012

 

Status Details:  This account is scheduled to continue on record until Sep 2018

 


Are you saying with a CO and judgment in early 2010 my DOFD could be Oct 2011, because that makes no sense to me,  I never made an payments after  Dec 2008 until after the judgment,

Mega Contributor
RobertEG
Posts: 17,728
Registered: ‎03-19-2007
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Re: DOFD Dilemma courtesy of OC

[ Edited ]

No, I am not saying that.

If, at the time of your last payment, the account was delinquent, then the DOFD would necessarily have to have been prior to that date.

Payment dates, charge-off dates, reporting dates, etc., are all irrelevant to DOFD.

Only the delinquency dates on the OC account are relevant to determination of the DOFD. 

What I am saying is that the simple listing of delinqencies on the OC account is not sufficeint to determine DOFD.  What also must be known is the status of the account between those delinquencies.  Did a new DOFD occur based on return of the account to a non-delinquent status between any new chain of delinquencies started by a new 30-day late?

New Contributor
3darcher2
Posts: 69
Registered: ‎08-16-2011
0

Re: DOFD Dilemma courtesy of OC

Robert,

 

Therein lies the problem.  As I said, my basement flood took care of my records.  I see the CU updated several months with OK status when I made no payments.  To me, this implies that the account came current again and keeps changing the DOFD, particularly with EX.  When they began reporting with EQ and TU, they only went back 24 months.  I know that I did not get current then, especially since I have their records in my hand.  My problem is that I need to somehow get those old records.  I am still waiting for them...the CU has been very cooperative so far, so we'll see.

New Contributor
3darcher2
Posts: 69
Registered: ‎08-16-2011
0

Re: DOFD Dilemma courtesy of OC

Robert,

 

This is now my only baddie that I can possibly do anything about.  EX now has this as sheculed to drop in April 2019.  This account was charged off in 2009.  There are several months that report as OK in 2012 when no payment was made. Since my last post, I have basically discovered that the OC is incompetent.  I have some correspondence from them to me and to another party proving it.

 

So I sent a letter to EX to get my ducks in a row requesting the reported DOFD and a money order for $11 requesting the OC reported DOFD per the FCRA.  I got a letter back about 10 days later with my money order telling me that they don't charge to investigate disputes and that I will get the results in 30-45 days.  I already disputed this two months ago.  I don't want to dispute.  I am ust needing the DOFD to turn it all over to a lawyer.  They are have verified completely differnent information on EX, EQ and TU since I paid this off in June, plus hit me with a hard pull across all three CRAs after they got my last payment.

 

Do I just send a clarification letter with my money order over demanding that they send the information immediately?  Point out to them that they are going to be in violation if they fail to fulfill the requirements of the FCRA?

Mega Contributor
RobertEG
Posts: 17,728
Registered: ‎03-19-2007
0

Re: DOFD Dilemma courtesy of OC

[ Edited ]

Yes, they have apparently mishandled your request for information, treating it as a dispute.

I would re-submit the request, making it clear that it is a request under FCRA 609(a)(1), and NOT a dispute under FCRA 611(a).

If they treated it as a dispute, I would additonally point out that no inaccuracy was asserted, and thus any dispute flag should immediately be removed.  That flag is affecting the completeness of your credit score.

 

Filling your request, provided you comply with the two requirements of providing proof of identity and the required fee under FCRA 612(f), which is currently $11.00, is not discretionary on their part.

 

FCRA 609(a)(1) reads as clear as a bell...

"Every consumer reporting agency shall, upon request from the consumer and subject to 610(a)(1), clearly and accurately disclose to the consumer all information in the consumer's file at the time of the request..."

 

The "subject to 610(a)(1)" stipulation relates to furnishing proper identitifcation, such as a copy of a government-issued ID. 

 

 

New Contributor
3darcher2
Posts: 69
Registered: ‎08-16-2011
0

Re: DOFD Dilemma courtesy of OC

I am really getting irritated.  EX did it again, after I clearly spelled out that my first letter was not a dispute nor was this one.  I cited once again the section of FCRA Robert quoted.

 

This past Wed I got my MO back with the same letter again.

 

Then today I got a copy of my full report and they told me they refuse to invsetigate again.  I am going one more time with the request then I am going to sue them and the OC in this case, I already have the attorney lined up.  This is totally gumming up my progress because despite the fact DOFD was 7-8 years ago, it still is scheduled to report until April 2019.  My USAA monitoring shows it as negative reporting 3 months ago.  GRRRRR

New Contributor
Sladyesq
Posts: 58
Registered: ‎09-27-2008
0

Re: DOFD Dilemma courtesy of OC


3darcher2 wrote:

I am really getting irritated.  EX did it again, after I clearly spelled out that my first letter was not a dispute nor was this one.  I cited once again the section of FCRA Robert quoted.

 

This past Wed I got my MO back with the same letter again.

 

Then today I got a copy of my full report and they told me they refuse to invsetigate again.  I am going one more time with the request then I am going to sue them and the OC in this case, I already have the attorney lined up.  This is totally gumming up my progress because despite the fact DOFD was 7-8 years ago, it still is scheduled to report until April 2019.  My USAA monitoring shows it as negative reporting 3 months ago.  GRRRRR


Could you pm me your attorney. I'm having a similar issue and need it resolved once and for all. Thanks



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