Tis the season for DOFD problems...

[3darcher2]

 Robert or anyone:

Acct shows up on EX and TU a couple months ago.  I didn't recognize, no dunning, etc, so I finally got around to a DV on Mar 6.  Today I am reviewing some stuff and notice the amount and OC look familiar so I pull up my last CRs from 2008 and there it is with another CA, DOFD 1/2004 on EQ, fall off date on EX 10/2010.  I didn't get a TU report then.

This is medical and the OC never reported, so is the DOFD from the previous CA usable?  They are using the date of assignment to the first CA from what I can tell.

What's my next step?  Wait for the DV or notify the CRAs?  EQ should be OK, but I don't know if TU will accept the info from the other two CRAs.

[RobertEG]

Yes, although the OC reporting of DOFD might be absent from your CR, FCRA 623(a)(5)(iii) sets, as an absolute provision, that no DOFD can be reported that is later than the date the creditor placed the account for collection.

If you have evidence of an earlier reporting of collection referral by the OC, such as the date opened of a collection reported by a prior debt collector, then any date later than that date is a clear violation of FCRA 623(a)(5)(B)(iii).

[3darcher2]

There is no DOFD from the OC.  Again, this is medical and there never was any OC reporting.

The first CA was assigned in 1/2008.  Their reporting clearly states on EQ the DOFD is 1/2004.  The original EX showed continues until Oct 2010.

The new CA is scheduled to continue on EX until 11/2014.  They have added almost 4 years to the CRTP.

Do I have no recourse?  I could try the OC for info, but since they were never paid, how much cooperation can I expect?  Not much i would think.

[LIGHTNIN]

DoFD for medical is the date of service, the date that most providers request payment, unless you had made other payment arrangments.  

[RobertEG]

Yeah, it does get complicated...

If a first debt collector reported an earlier DOFD, the question arises as to HOW they determined that date. Your CR wont tell you that.

The statutory scheme any debt collector is required to follow is to

1. See if the OC has previously reported a DOFD to the CRA.  If so, they must report that same date.  If not, they move to step 2.

2.  If the OC has not reported a DOFD, then they must take follow "reasonable procedures" to contact the OC and get the DOFD from them.

3. If step 2 fails, they must then follow "reaonable procedures" to determine when the account was first referred for collection, and report a date no later than that date.  Step 3 must necessarily always produce a reportable DOFD, as any debt collector has knowledge at least of whey THEY received collection referral.  If debt collector 1 reported an earlier date, it would seem a reasonble procedure for debt collector 2 to infer that as at least the date of collection referral.  What is reasonable?

Who knows what procedures debt collector 1 followed.  Maybe they "obtained" their reported DOFD from the OC, maybe they couldnt.  Maybe they reported the date they received collection authority, or maybe they reported an earlier date.  Kinda hard to fix the DOFD by statutory actions in your case.

[3darcher2]

CA deleted based on my DV