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Regular Contributor
hotpoint
Posts: 121
Registered: ‎07-23-2007
0

Electic Bill Collection DOFD

Hello,

 

I have a collection that has been a thorn in my side for the last six years, and although the Collection Agency and the OC has been verbally cooperative I have not been able to do a GW to have deleted.  Recently, I contacted the OC and the CA by a different means to validation/verification the payment history, I've contacted them by email and coping them both.  I am requesting  a history of the account, i.e.. statement,payment history, deposit, distribution of funds, etc.  I need to prove the DOFD, which is being reported incorrectly, and by the OC owns admission the account has been purged from their system. I am told they will help me as much as possible, and I eager to see the results. FYI, this is a debt, which I quickly paid for $180.00 and its an electric bill.  Any suggestions . . .

 

HotPoint

Valued Contributor
annielorie
Posts: 1,206
Registered: ‎02-19-2012
0

Re: Electic Bill Collection DOFD

Call the CA and ask them to delete since its not in their files Send them copies of you paying them.  If they wont do it (speak to supervisor) send a dipute to CRA on DOFD.


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Mega Contributor
RobertEG
Posts: 18,503
Registered: ‎03-19-2007
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Re: Electic Bill Collection DOFD

Account records are, of course, important in establishing actual DOFD, but just as important is establishing reported DOFD.  Two different things.

 

If the OC was reporting to the CRA at the time of their collection referral, they were required to have provided the DOFD to the CRA.  Any debt collector is required to report the DOFD to the CRA within 90 days of reporting their collection.  So reported dates are in your credit file, and are available apart from any issues of account records.

 

Two dates trump any issue of reported DOFD.

One, if the OC ever reported a DOFD, that is end game.  The debt collector must report the same date as any reported by an OC.

Two, the debt collector can never report a DOFD that is later than the date they received collection authority, which is usually the date-opened of their collection.

 

Are either of these two dates established in your credit file?

Regular Contributor
hotpoint
Posts: 121
Registered: ‎07-23-2007
0

Re: Electric Bill Collection DOFD

Thanks for your reply.  The OC has never reported anything to the CB only the debt collector.  I am communicating with both.  My assessment is the DOFD is incorrect.  Currently the OC is searching for previous statements, which should include my last payment (not last activity), my deposit, etc.   I am communication via email and cc both, i.e.. OC and debt collector.  This happened in 06' and is scheduled to drop in Feb.. 13' according to the previous DOFD.  I think the DOFD was a couple of months earlier.

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RobertEG
Posts: 18,503
Registered: ‎03-19-2007
0

Re: Electic Bill Collection DOFD

The DOFD always occurs under the OC, and if you cant substantiate an earlier date based on their statements or actions, and have no evidence that they have provided an earlier DOFD to the debt collector, then you might be confined to only the statutory requirement that the debt collector cannot report a DOFD that is later than the date they received collection authority. 

 

With no reporting by the OC of a DOFD to the CRA, and no evidence that they provided a DOFD to the debt collector, the debt collector is then permitted under FCRA 623(a)(5) to use the date they received collection referral as the reported DOFD.  You need evidence from the OC to win that battle.

Frequent Contributor
Student_Loans_Kill
Posts: 297
Registered: ‎02-12-2012
0

Re: Electic Bill Collection DOFD


RobertEG wrote:

The DOFD always occurs under the OC, and if you cant substantiate an earlier date based on their statements or actions, and have no evidence that they have provided an earlier DOFD to the debt collector, then you might be confined to only the statutory requirement that the debt collector cannot report a DOFD that is later than the date they received collection authority. 

 

With no reporting by the OC of a DOFD to the CRA, and no evidence that they provided a DOFD to the debt collector, the debt collector is then permitted under FCRA 623(a)(5) to use the date they received collection referral as the reported DOFD.  You need evidence from the OC to win that battle.


Get a lawyer. If this was remotely true every CA out there would re-age debt like there's no tomorrow

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Mega Contributor
RobertEG
Posts: 18,503
Registered: ‎03-19-2007
0

Re: Electic Bill Collection DOFD

Take a peek at FCRA 623(a)(5)(B)(iii).  If the creditor has not reported a DOFD, then in order for a debt collector to report a DOFD that is prior to the date the account was placed for collection, they must "ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection....."

Maybe they received such an assurance from the OC, but it defies logic.  First delinquencies dont occur on a date after an account reaches the stage of collection referral on the delinquent account.

The statute just makes the obvious statement of fact.  Date of first delinquency that resulted in an account being placed for collection must precede the date of commmencement of collection on the delinquent debt. 

Regular Contributor
hotpoint
Posts: 121
Registered: ‎07-23-2007
0

Re: Electic Bill Collection DOFD

Thanks again for the support, and the power of suggestions. We all on the same page, but let me clear something up. The DOFD, which is reported by the debt collector to the CB is 2.2006. I paid this account as soon as I found out, which was 2007. I asked the debt collector to verify the DOFD and they mentioned the info was obtained from the OC. This is why I am asking the OC for the statement, I was told by a rep. That the info has purged from the system so I'll see how it progresses. Just wanted to clear this up. Thanks for the input. HotPoint

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