Help with DoFD and Midland MCM

[DVH1980]

Ive made some great strides recently in the repair of mine and my wifes credit.

Recently I see Midland has shown up on my wifes report(Tmobile debt that is valid) they are showing the DoFD as 10/11, however her account was actually delinquent in 2008.   How is this possible?

[gdale6]

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@DVH1980 wrote:

Ive made some great strides recently in the repair of mine and my wifes credit.

Recently I see Midland has shown up on my wifes report(Tmobile debt that is valid) they are showing the DoFD as 10/11, however her account was actually delinquent in 2008.   How is this possible?

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Its called re aging and it is highly illegal.. If you can prove the DOFD in 08 file FTC & CFPB complaints on Midland.m If the 10/11 date is just an open date they are reporting it means that is when they got the collection and that is ok to report that way. They must however operate from the DOFD of the OC so it should be off CRs sometime in 2015 if went delinquent in 08.

[DVH1980]

Indeed, it does say date opened, I jsut assumed that was the same

[Shokk]

Wanted to add, its only illegal if its intentional or they refuse to correct.  I would first dispute the DoFD with the CRAs.  If it comes back as verified, then you have a legitimate complaint with the CFPB.

Don't believe the FTC is accepting these comeplaints anymore.  They will direct you to the CFPB.

[Shokk]

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@DVH1980 wrote:

Indeed, it does say date opened, I jsut assumed that was the same

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I was tyoing when this posted.  Open date is indeed different than DoFD.  At least on EX, the DoFD should be listed seperately.

[DVH1980]

however, on another report it shows them reporting(EQ): Date Major Delinquincy First Reported 10/2011, Date Opened: 07/2011 , Date Reported 12/2013

[DVH1980]

And FWIW, TU is reporting the account is set to be removed 3/2015. 

Imwonderig if I can make some headway since its reporting incorrectly on at least one report.

[gdale6]

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@DVH1980 wrote:

however, on another report it shows them reporting(EQ): Date Major Delinquincy First Reported 10/2011, Date Opened: 07/2011 , Date Reported 12/2013

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I see, I do believe that this may be a case of re aged if you can prove the OC's DOFD is in 08 . The major delinq date is typically the 3rd month of no payments being sent. If you have not previously disputed the facts with the CRA I would do so now demanding that correct info be reported, if this doesnt get done then proceed with complaint to the CFPB. A CA has no right to report a payment history on the account either, some try to skirt this by reporting as a factoring account (this doesnt make it legal though).

[gdale6]

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@DVH1980 wrote:

And FWIW, TU is reporting the account is set to be removed 3/2015. 

Imwonderig if I can make some headway since its reporting incorrectly on at least one report.

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Ok, then the DOFD was 03/08 or previous to. What is the removal date of the other one?

[RobertEG]

Reporting what is later shown to be an inaccurate DOFD is not necessarily a violation of the FCRA.

A showing of violation would depend upon whether the debt collector followed the clear procedures set forth in FCRA 623(a)(5) for obtaining the reported DOFD.

If the OC has ever reported a DOFD (which would have been requred if the OC reporting included a charge-off), then the debt collecto must report that same date.

That prior reporting by the OC trumps all, and can be presumed to be accurate.

If the consumer's credit report does not contain a reported DOFD by the OC, then the debt collector must contact the OC and attempt to obtain their statement of the DOFD on their account.  If the OC provides them a statement of their DOFD, the debt collector is in compliance if they report that date.  They are not liable for inaccurate information obtained from the creditor unless it is clearly apparent that it not a possible DOFD.

If the debt collector has followed steps 1 and 2 above, and was unable to get the DOFD from the OC or prior OC reporting, they can then make their best estimate of the DOFD, but in no case may report a DOFD that is later than the date they obtained collection authority on the debt.

Consumers are usually not privy to the details of how a debt collector obtained their reported DOFD, and thus it would be premature to asset violation on their part simply because their reporting is shown to be inaccurate.

You thus need to know the DOFD actually reported by the debt collector, and make a determination as to whether theire is any evidence that they failed to comply with the provisions of section 623(a)(5). 

If they did follow the required process for obtaining and reporting the DFD, and yet you can prove a different and accurate DOFD, they can simply update, with no violation of the FCRA.

I would have basis for showihg a violation on their part prior to filing a complaint with the CFPB.

I would first follow the dispute process, which is the avenue to get inaccurate reporting corrected.