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Frequent Contributor
jzsnow
Posts: 421
Registered: ‎08-03-2012
0

Different DOFD

So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?

Valued Contributor
rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
0

Re: Different DOFD


jzsnow wrote:

So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?


Well, where are you getting these DOFDs from, just curious?

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Frequent Contributor
jzsnow
Posts: 421
Registered: ‎08-03-2012
0

Re: Different DOFD

From my equitax credit report.

Valued Contributor
rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
0

Re: Different DOFD


jzsnow wrote:

From my equitax credit report.


Well, RobertEG is the master with these sorts of scenerios... I hope he comes in and corrects me if I am wrong..

 

I believe that reporting of DOFD is governed by FCRA 623(a)(5)... 

 

Essentially it indicates there are a series of steps the CA must use to verify the correct DOFD.. lastly, there is a catch all that if reasonable efforts were made, they can make a best guess as the DOFD as long as its not more recent than the date the obtained rights to collect on the acocunt.

 

You can dispute this information, but the CA can just simply update their reporting.. 

 

Any perceived leverage only occurs if they do not correct the information, and you decide to sue. And only then is it a violation if the knowing reported the wrong DOFD and did not correct it...

 

-scott

 

 

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Different DOFD


rckstrscott wrote:

jzsnow wrote:

So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?


Well, where are you getting these DOFDs from, just curious?

 

-scott


The OC is supposed to furnish the CA the DoFD when selling or assigning the debt.  Sometimes they don't.  The CA is supposed to make a goodwill effort to obtain the DoFD from the OC.  If they can't get it they are allowed to make one up, for lack of better terms.  When they do this it is usually the day they acquired the account,

Valued Contributor
rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
0

Re: Different DOFD


guiness56 wrote:

rckstrscott wrote:

jzsnow wrote:

So...the OC is chase and has DOFD listed as 9/2007. The collection agency that bought this debt has the DOFD as 2/2008! What do I do? Dispute with cRa? I'd really like to pfd this, but they said no originally. Will this give me some leverage?


Well, where are you getting these DOFDs from, just curious?

 

-scott


The OC is supposed to furnish the CA the DoFD when selling or assigning the debt.  Sometimes they don't.  The CA is supposed to make a goodwill effort to obtain the DoFD from the OC.  If they can't get it they are allowed to make one up, for lack of better terms.  When they do this it is usually the day they acquired the account,


Thanks Guiness. That is more clear and concise than what I was driving at.

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Frequent Contributor
jzsnow
Posts: 421
Registered: ‎08-03-2012
0

Re: Different DOFD

In my case, the OC does list a DOFD, as does the ca! They just are different. I was hoping to use this to get the ca to pfd.

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Different DOFD

I wouldn't dispute with the CRAs.  Do a direct dispute under FCRA 623(a)(8) to the CA and specifically ask where the DoFD came from when the OC clearly shows it as 5 months earlier.

Frequent Contributor
jzsnow
Posts: 421
Registered: ‎08-03-2012
0

Re: Different DOFD

Are there sample letters for that? And, if I send that letter, can I also add a pfd?? I really just need it gone!

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Different DOFD

I would not do a dispute and request a PFD at the same time.  Here is the template.  If it is to the OC omit the section for the CA. 

 

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “This is a direct dispute of credit reporting. This is not a request for debt
              validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under  that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or  regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not  yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include,  as part of your documentation, at least a copy of the portion only of your  recent credit report showing their reporting of the disputed information was  actually reported to your credit flle.  The implementing rule suggests a  showing  that it appeared in your credit report)


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