DOFD Question

[Anonymous]

I've got an open collection from a rental situation - there was a balance due on move-out (cleaning, etc). The original invoice shows the move-in date of Oct 2005, and move-out of March 2007 (the date of the original invoice). During the time I lived in the rental unit, I was occasionally late, but caught back up within a month or two.

So by my math, the DOFD is actually March 2007, but the collection has already stopped reporting on two of my reports, and the remaining report shows it will stop reporting this month. It follows to assume that the original move-in date is reporting as the DOFD, and I'm concerned about this re-reporting if I apply for a mortgage, with the "correct" DOFD.

Should I brace for the worst and assume it will come back? Or am I misunderstanding the DOFD?

I can offer to PFD, but only if necessary (on principal of the details).

[rckstrscott]

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@Anonymous wrote:

I've got an open collection from a rental situation - there was a balance due on move-out (cleaning, etc). The original invoice shows the move-in date of Oct 2005, and move-out of March 2007 (the date of the original invoice). During the time I lived in the rental unit, I was occasionally late, but caught back up within a month or two.

So by my math, the DOFD is actually March 2007, but the collection has already stopped reporting on two of my reports, and the remaining report shows it will stop reporting this month. It follows to assume that the original move-in date is reporting as the DOFD, and I'm concerned about this re-reporting if I apply for a mortgage, with the "correct" DOFD.

Should I brace for the worst and assume it will come back? Or am I misunderstanding the DOFD?

I can offer to PFD, but only if necessary (on principal of the details).

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Well -- I appreciate your situation since you are going for a mortgage; however, the collection company has no real reason to know the DOFD is inaccurate, they are just reporting what the OC gave them...

If I was in your situation, I would let it ride to be honest...  I don't think they will correct that information -- maybe if they give the account back to the OC, and then the OC reports the CORRECT DOFD to the next collection company, it might come back for a couple years... but I would just let it do its thing, and not contact them or try anything to make them aware it is past the CRTP for the 'reported' DOFD, not the actual DOFD

Plus in my estimation, with the debt probably past the SOL, the WORST case scenerio is you have the account back on your report, and you do what we all attempt to do.. PFD, deletion, GW.. whatever... but with a chance it won't be there, I would cross that bridge IF it happens, post mortgage..

-scott

[pizzadude]

Hard to know if it is just dropping early ( happens sometimes ) or if is dropping due to the DOFD.   If you pulled your Equifax report directly from the CRA it should have shown the DOFD that was being reported.

[Anonymous]

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@pizzadude wrote:

Hard to know if it is just dropping early ( happens sometimes ) or if is dropping due to the DOFD.   If you pulled your Equifax report directly from the CRA it should have shown the DOFD that was being reported.

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It shows the 2005 date as DOFD, and all three reports indicated that it was scheduled to report until this month or last month. I guess I'm worried that the CA will re-report it with the "correct" 2007 DOFD once they see a shiny mortgage inquiry on there...

[rckstrscott]

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@Anonymous wrote:

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@pizzadude wrote:

Hard to know if it is just dropping early ( happens sometimes ) or if is dropping due to the DOFD.   If you pulled your Equifax report directly from the CRA it should have shown the DOFD that was being reported.

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It shows the 2005 date as DOFD, and all three reports indicated that it was scheduled to report until this month or last month. I guess I'm worried that the CA will re-report it with the "correct" 2007 DOFD once they see a shiny mortgage inquiry on there...

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I don't think you worry is misguided; I just don't think the CA would KNOW the correct DOFD -- it isn't in their best interest to report an incorrect, and even worse for them, old DOFD --- I don't think the mortgage inq will impact this one...

-scott

[RobertEG]

I agree.  Let it be.

The statutory requirements for reporting of DOFD, as set forth in FCRA 623(a)(5), are a bit complicated for debt collectors.

They are required to go through a three-step process, which in a nutshell is:

1. First determine if the OC ever reported a DOFD to the CRA.  If so, that is the date that they must also report.

2.  If the OC did not report a DOFD, which is apparently your case, they must contact the OC and attempt to get the DOFD from them.  If provided a DOFD by the OC, they must report that date.  Any OC confusion will thus carry over to the debt collector.

3.  If, after contacting the OC, they cannot obtain the DOFD from them, then they can make a reasonable determination of the DOFD, which most likely would be the DOFD previously reported.  It would be unreasonable to just presume prior reporters were incorrect.

Highly unlikely that a debt collector would jump those hoops just to get a collection reported.  More likely, they will presumptively accept the prior reporting and not undertake the time and expense, knowing that it is also past SOL, and thus also legally uncollectible.

[pizzadude]

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@Anonymous wrote:

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@pizzadude wrote:

Hard to know if it is just dropping early ( happens sometimes ) or if is dropping due to the DOFD.   If you pulled your Equifax report directly from the CRA it should have shown the DOFD that was being reported.

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It shows the 2005 date as DOFD, and all three reports indicated that it was scheduled to report until this month or last month. I guess I'm worried that the CA will re-report it with the "correct" 2007 DOFD once they see a shiny mortgage inquiry on there...

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Just make sure that you save a copy of your reports with showing the DOFD from 2005, just in case......