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New Member
jessica-spears
Posts: 9
Registered: ‎10-28-2012
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How do you dispute an innacurate (DOFD) Date of First Delinquency Date?

[ Edited ]

I have a few creditors on my report who have been lieing, saying I've made payments when I have not.  I'm learning that this is a trick a number of them have been using to keep your credit line open on your records as long as possible.  How do you dispute their DOFD or force them to prove your DOFD date?  Is there a certain dispute wording you need to use?

 

I was thinking about disputing with the Credit Reporting Agency (Equifax) and saying DOFD is falsly reported, no payments made in over _ years. Date should be around _. Please provide proof of the DOFD.

 

Anyone tried this, can it work and force them to actually provide proof like copies of record, receipts of payment from the client, etc.?

 

My guess is the original creditor will just respond back to the CRA that it's valid and isn't required to provide them with proof, since they technically don't provide them with proof for anything else they report and keep financial records confidential.  They are just taking their blind word for it based on whatever number they choose to submit and putting me on the line to try to prove that it's older.  Which means I should have kept better records of my last payment but I never knew about all this back then and didn't think I'd be in such a horrible financial situation years later.  So what are you supposed to do?  If anything they should be forced to prove the date with past payment receipts.

 

How can I defend myself to get the DOFD date changed so it can fall off?

New Member
jessica-spears
Posts: 9
Registered: ‎10-28-2012
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Re: How do you dispute an innacurate (DOFD) Date of First Delinquency Date?

Anyone?  :smileysad:

Mega Contributor
RobertEG
Posts: 18,117
Registered: ‎03-19-2007
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Re: How do you dispute an innacurate (DOFD) Date of First Delinquency Date?

[ Edited ]

DOFD has absolutely nothing to do with the date of any payment.

DOFD is the date when you first went delinquent on an account, and did not bring the account back into good standing.

Reporting updates of other informatio,  as long as it is not specfically reported as a DOFD, is not illegal reaging of the reported DOFD.

 

What derogs are reported on the account?  Reporting of a DOFD is only required by the creditor if they have reported a charge-off or placed the account for collection.  If they take either of those actions, they are required under FCRA 623(a)(5) to report the DOFD on their account to the CRA within 90 days thereafter.  If the account does not include the reporting of either a CO or collection, the DOFD is irrelevant, and is not required to have even been reported.

 

If DOFD is relevant to your account, then its reporting was mandated, and it must be in your credit file.  The consumer has the right to obtain from the CRA any information reported to their credit file under the provisions of FCRA 609(a)(1) by simply sending them a request under that section, accompanied by proof of identity and the current processing fee, which is $11.00.  That provides definitive evidence of what was reported as a DOFD.

 

 

New Member
jessica-spears
Posts: 9
Registered: ‎10-28-2012
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Re: How do you dispute an innacurate (DOFD) Date of First Delinquency Date?

What if you feel the charge off should have happened a long time ago and that the paid amounts aren't accurate, that you weren't the one who paid and don't know how they are reporting it so delayed/active for that long?

 

I'm talking, forcing them to show how it was paid.

Valued Contributor
rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
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Re: How do you dispute an innacurate (DOFD) Date of First Delinquency Date?


jessica-spears wrote:

What if you feel the charge off should have happened a long time ago and that the paid amounts aren't accurate, that you weren't the one who paid and don't know how they are reporting it so delayed/active for that long?

 

I'm talking, forcing them to show how it was paid.


The only real way to 'force' them show you anything like that is to sue them.

 

-scott

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diabla
Posts: 230
Registered: ‎10-01-2012
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Re: How do you dispute an innacurate (DOFD) Date of First Delinquency Date?

Which date does the CRA go by when determining the length of time it can be reported?  EQ has both a "Date of First Delinquency" column and also a "Date Major Delinquency First Reported" column.  These seem redundant but they can have different dates.  In my case, the acct was closed in 12/2006, so they have that reporting as DOFD but then under the other column it has a date of 10/2010 when there was no activity on the account at all.  And then a "Date Opened" in 9/2010.  This makes it look like I had an account with this company and defaulted in 2010, when in reality, the debt buyer probably bought the account in 2010.

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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: How do you dispute an innacurate (DOFD) Date of First Delinquency Date?

It goes by the DOFD.  The major delinquency has nothing to do with setting the CRTP or SOL clocks.


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Mega Contributor
RobertEG
Posts: 18,117
Registered: ‎03-19-2007
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Re: How do you dispute an innacurate (DOFD) Date of First Delinquency Date?

Very simply, when a party reports to a CRA, they provide a specific reporting code that is associated with and identifies the information being reported.

 

They have a specific statutory requirement (FCRA 623(a)(5)) to report the date of first delinquency on the OC account to the CRAs if they report any information related to an account that has either been charged-off or referred for collection.  That reporting must be provided within 90 days after reporting of such information.

Reporting of that specific item is provided under the reporting code "FCRA Compliance Date/Date of First Delinquency."

 

To dispute reporting of an improper DOFD, you must have evidence of what they reported under that code.  Other reporting codes are irrelevant to an assertion of improper reporting of a DOFD.

 

To determine the reported DOFD, you can always file a section 609(a)(1) request with the CRA for the specific DOFD reported as the "FCRA Compliance Date/Date of First Delinquency."  Until you have evidence of specific mis-reporting of that information, you do not have proof of improper reaging of a DOFD.

Valued Contributor
Repo-ed
Posts: 2,954
Registered: ‎02-09-2012
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Re: How do you dispute an inaccurate (DOFD) Date of First Delinquency Date?

Robert, great post, and as always; thank you for the info.

 

I'll be doing just this as soon as my SOL expires at the end of this year.  My DoFD is so inaccurate, it's laughable.  I stopped making payments on my car 09/07 - 2 of 3 (yes, not all CR have same reporting date) show DoFD as 05/08.  The issue with this is, that was when the car was repo-ed which is something that no bank would do if you were less than 30 days late.  They repo-ed the car because they hadn't receive a payment in nearly 8 months...


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