10-16-2013 09:32 AM
A debt colllector is required under FCRA 623(a)(5) to report the DOFD on the OC account to the CRA within 90 days after reporting of their collection.
Since the DOFD occurs under the account with the OC, and a debt collector usually has no way of independently knowing when the actual DOFD occured, section 623(a)(5) listis procedures that they must follow in order to obtain that DOFD. In brief summary:
1. If the OC has previously reported the DOFD, which would have been required had they reported a prior CO, that stands as the creditor's statement of DOFD, and the debt collector must report that same date.
2. If the OC has not reported their DOFD to the CRA, the debt collector is required to take reasonable procedures to contact the OC, and attempt to obtain the DOFD from them. If the OC provides them a stated DOFD, they are in compliance if they report that date.
3. The catch-all provision applies when the debt collector has taken reasonable procedures to attempt to obtain the DOFD from the OC, but was unable to do so.
Since the are required to report the DOFD within 90 days after reporting of their collection, they are permitted to then make their best estimate of the DOFD.
However, since a DOFD must, by definition, have been a date of delinquency that preceded their collection referral, they cannot report a DOFD that is later than the date they obtained theiir collection authority.
It is possible that scenario 3 applies to your situation. If they were unable to obtain the DOFD from the OC, then it is permissible to estimate the DOFD as being the date they obtained collection authority, but no later. Thus, it is a bit difficult for the consumer to know whether their reporting was in compliance with the requirements of section 623(a)(5). You can, of course, dispute it, but it is quite possible that they could veriify its accuracy.
Did the OC ever report the DOFD to the CRA? If so, that would provide clear basis for dispute of the accuracy of reporting of any other date.
10-16-2013 09:38 AM
As far as I know the answer is no, and this was just reported starting August to Experian, and Transunion, I did call the OC though and they said it was 2011. Do I need to get proof from them and from there dispute it with the CA or the CRA?
10-16-2013 09:38 AM
removal date of 2017, I don't want to wait that long to get out of the Hood!
Sounds to me the DOFD is 2011 based on reversing the math on the 7 years + 180 days...
10-16-2013 09:44 AM
This is what it has on our report,
Placed for collection 6/27/2013
balance $ 5631
esimated month and year item will be removed 02/2018
Date opened Jun 2013
First reported Aug 2013
Date of Status Aug 2013
Original amount $5631
Account is scheduled to continue on record till 2017
10-16-2013 09:48 AM
Yeah 2011 would be right. Dang this is so complicated! What should my next step be to qualify for the USDA Loan, ( says no collections for the past two years, so I think I'm screwd unless I do a PFD and hope they take it right