DOFD Dispute

[Anonymous]

First of All I would like to say this is a great site. I wish I would have found it 10yrs. I am new to the forum and have learned A LOT over the last few months from viewing info, on the site.. My question is, I have a HSBC Auto charge of account that is showing on EX that is at least 7.5 yrs since the last payment. i have disputed multiple times and come back with "new Information" but its never deleted. Do I ask the OC to send me payment history on the account? What should my next steps be? Any help would is greatly appreciated.

[Anonymous]

Disputing is kind of a last resort.  What basis have you been using to dispute?  I think the option to go with is obsolete, but really you should deal with the OC directly, first.

Have you tried to deal with HSBC directly?  They'll give you the payment history (probably, eventually), but they should be able to take a look at it and see how they're reporting it, and see if it's too old.  I would recommend dealing with this by mail, but if you're just requesting a payment history, then it probably doesn't matter.

Just a reminder to make sure you're fully aware of the SOL (statute of limitations) issues before you try to deal with this account if it is unpaid.  You don't want to create a situation where you remind them that they can still sue you.

DOFD is the first time you were 30 days late after which you never recovered, so once you get the payment history, that's the date you're looking for.

[Anonymous]

Thank You for the information. the SOL in my state (KS) has passed. I didnt know if it was the state I reside in or the OC? I have not contacted the OC in fear of waking the sleeping giant. I have old statments and credit reports that show I was indeed delinquent and never recovered. In fact they are reporting a chargeoff date approximately 1yr after they sold the vehicle.

[RobertEG]

Dealing with disputes over DOFD, and thus drop off dates under FCRA 605(c) of charge offs and collections at 7 ½ years is a touchy issue.  Here is my kinda technical walkthrough of what I think your options are.

On paper, when you just read the FCRA, the dispute process under FCRA 611(a) should simply clear it up.  But the dispute process does not work that way, in reality.

When you dispute, the CRAs use what is called their automated E-Oscar dispute resolution process, which is a joke.  They don’t forward all info to the creditor or CA, but simply reduce your dispute to one of less than a half dispute codes, which almost always results in verification back to them through an automated response by the creditor.

Dispute of DOFD does not have an E-Oscar code, so is almost a waste of time.

 

Here us what I recommend.

First, using either your own account records, or has been suggested, the payment history profile on the OC account that led up to the CA, what you believe the DOFD to be.

But that may not match what is in your credit file with the CRA.

 

So, second, and bear with me, here is what you can get.

When a creditor places an account into collection, they are required, if not previsously reported, to provide the DOFD to the CRA within 90-days.  FCRA 623(a)(5)(A).

That is how the FCRA intended to ensure CRA abililty to comply with the FCRA 605(c), which is the 7 ½  year drop off date.  So that MUST be in your credit file, as a requirement of statute.  I know it is a lot a legalese, but stay with me.

 

Then, third, how do you know if they have done this, and done it properly?

This is not reported as a routine item in most commercial credit reports you get.

So here is how you can get it under the FCRA.

You file a request with the CRA for its disclosure.  Under FCRA 609(a)(1), you can file a request with the CRA for disclosure to you of ALL information in you credit file as of the date of the request.  This request is not free.  It requires payment of the fee set forth in FCRA 612(f), which is currently $10.50, payble to the CRA. 

 

Here is a letter you might want to use:

This is a request under FCRA 609(a) for all information in my credit file relating to the date posted in my credit file by creditor (name of OC, and account info) and collection agency (name, accont number) of the date of first delinquency on their respective original creditor and collection account reportings to you of the date of first delinquency on the original creditor account, as was required of them under FCRA 623(a)(5)(A).

I understand that this request requires a fee of $10.50, pursuant to FCRA 612(f).  Enclosed is my check in that amount.

[Anonymous]

Forgive me if I ask to many questions. OK, So now that I have requested this information, My next step would be what? If My DOFD and the OC/CRA dates are totally different, How would I go about getting it reflected correctly and ultimately deleted? I have old credit reports and federal court documents that would substantiate my claim and the obvious discrepancy. Would I send copies of the information to the CRA or the OC and have them correct it? Again, I apologize if It was clear and I cannot comprehend this or follow instructions. I just done want to do something incorrect. Thanks for your time and patience.