DOFD?!?!

[Anonymous]

So one of my collection items is with BYL Services for an old apartment last months rent for $832. My confusion is that it had the DOFD as 4/15/2014...when I haven't lived at that place since 2011! This has obviously increased the time that it will be listed on my report. So my question is, can the CA start the time over from when they bought the debt? 

[Anonymous]

No, the 7 years starts after the first reported late payment on your credit. I think its wise that you mark the date and keep a watchful eye on it. I would also call the debt collector and see if they will remove it from your credit if you pay it or settle the debt. If you go this route make sure you have it in writting on there letterhead that they are going to remove the debt for payment so if they do not you can send this to the bureaus along with a copy of a certified check used to pay the debt and have it removed. I recommend this because you are looking at sometime in late 17 or early 2018 before it ages off. Best of luck 

[Anonymous]

Since the OC does not show on my report how do I find out when the actual first reported late payment is? Should I contact the actual leasing office and see if they still have records of it? Would it be a good idea to send a DV?

[Anonymous]

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@Anonymous wrote:
Since the OC does not show on my report how do I find out when the actual first reported late payment is? Should I contact the actual leasing office and see if they still have records of it? Would it be a good idea to send a DV?

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If its a collection or charge off on your credit reports it will show a removal time it will drop off. I would call the 3 bureaus and ask when it falls off then.

[Anonymous]

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@Anonymous wrote:

So one of my collection items is with BYL Services for an old apartment last months rent for $832. My confusion is that it had the DOFD as 4/15/2014...when I haven't lived at that place since 2011! This has obviously increased the time that it will be listed on my report. So my question is, can the CA start the time over from when they bought the debt? 

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Here's the deal with DoFD. By law, the collector or thrid party debt buyer must use the same DOFD as the Original Creditor. But there is an exception - if the OC does not report, and the CA is unable to obtain a DoFD from the OC, then they are allowed to 'geuss', but the date they come up with cannot be more recent than their acquisition of the debt.

[Anonymous]

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@Anonymous wrote:

No, the 7 years starts after the first reported late payment on your credit. I think its wise that you mark the date and keep a watchful eye on it. I would also call the debt collector and see if they will remove it from your credit if you pay it or settle the debt. If you go this route make sure you have it in writting on there letterhead that they are going to remove the debt for payment so if they do not you can send this to the bureaus along with a copy of a certified check used to pay the debt and have it removed. I recommend this because you are looking at sometime in late 17 or early 2018 before it ages off. Best of luck 

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Actually, the DoFD is the first late that leads to the CO or collection, with the account never being made current.

So typically, it would be a 30 day, then the 60, 90, 120, 150, 180 that precedes the CO.  In my COs, they showed the 30, 60, 90, 120, then more 120s until the CO after being 180 days late.  They didnt show the 150 or 180, just more 120s, but it doesnt matter, still baddies that hurt the score.

Example;  you can have a 30 day late in Jan, bring it current till Jun with another 30, then 60, 90 etc till CO.  The DoFD would be June.

hth

[Anonymous]

That's what I thought. That's why I'm confused as to why they are reporting a DOFD in 2014, when I moved out of that apartment in 2011

[Anonymous]

So I contacted the CA and they verified they had reported the DOFD as the date they obtained the debt not the actual first late payment to my apartment complex. However, they have refused to update this on my CR. What should my next step be?

[Anonymous]

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@Anonymous wrote:
So I contacted the CA and they verified they had reported the DOFD as the date they obtained the debt not the actual first late payment to my apartment complex. However, they have refused to update this on my CR. What should my next step be?

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Are they refusing to update it, or do they not have documentation to prove the correct DoFD?

If it's the former, you should file a complaint with the CFPB. Perhaps also contact the OC to find out if you can get hardcopy records to use in your complaint as well as a dispute to the CRAs.

If it's the latter, they're operating under the law. Unless they have the DoFD reported by the OC, they have to "guess" - usually that means they use the month prior to them assuming collections responsibility. 

[Anonymous]

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@Anonymous wrote:
So I contacted the CA and they verified they had reported the DOFD as the date they obtained the debt not the actual first late payment to my apartment complex. However, they have refused to update this on my CR. What should my next step be?

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If you have any kind of documentation showing when you moved out, then use that as evidence of an earlier DoFD. Do a 623 direct dispute with the CA, asserting a DoFD earlier than what they have reported, and include any documentation you can get.