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Sladyesq
Posts: 58
Registered: ‎09-27-2008
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What to do now? EQ cannot tell me DOFD

There is an account that has no DOFD. I contacted EQ and they cannot tell me when this account is scheduled to be removed from my report. I have believed for a while that this is a duplicate account.

 

is this fact alone enough to have this account removed from my report?



Starting Score: 644 EQ 548 EX 567 TU
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annielorie
Posts: 1,207
Registered: ‎02-19-2012
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Re: What to do now? EQ cannot tell me DOFD

Put in a dispute that it is a duplicate account with credit bureaus


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RobertEG
Posts: 17,688
Registered: ‎03-19-2007
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Re: What to do now? EQ cannot tell me DOFD

While an account will, once it has any delinquency, always have a current DOFD, no reporting of DOFD to the CRAs is required until a party reports either a collection or charge-off to the CRA.  They are then required, under CRA 623(a)(5), to report the DOFD on the OC account to the CRA within 90 days.

 

DOFD has one and only one credit reporting use..... its needed by the CRA to calculate the statutory exclusion date of a collection or charge-off.

 

It is totally proper for an account not to have a reported DOFD unless a party has reported a CO or collection.

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Sladyesq
Posts: 58
Registered: ‎09-27-2008
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Re: What to do now? EQ cannot tell me DOFD

[ Edited ]

Hi Robert,

 

it is reported as a collection account..  so shouldn't there be a DOFD?



Starting Score: 644 EQ 548 EX 567 TU
Current Score: 644 EQ 665 EX (12/25/12 lender pull) 635 (Walmart 1/3/13) TU
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Sladyesq
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Re: What to do now? EQ cannot tell me DOFD

Account Number: xxxxxxStatus:CONTACT MBR FOR STATUS 
Account Owner: High Credit:$12,004  
Type of AccountN/ACredit Limit: 
Term Duration: Terms Frequency:Monthly (due every month) 
Date Opened:12/01/2008  Balance:$0  
Date Reported:10/01/2012 Amount Past Due: 
Date of Last Payment: Actual Payment Amount: 
Scheduled Payment Amount: Date of Last Activity:12/2008 
Date Major Delinquency First Reported: Months Reviewed:
Creditor Classification: Activity Designator:N/A 
Charge Off Amount: Deferred Payment Start Date: 
Balloon Payment Amount: Balloon Payment Date: 
Date Closed: Type of Loan:Education Loan 
Date of First Delinquency:N/A
Comments:Collection account  

81-Month Payment History

 

 

 

above is how it shows on my report

 



Starting Score: 644 EQ 548 EX 567 TU
Current Score: 644 EQ 665 EX (12/25/12 lender pull) 635 (Walmart 1/3/13) TU
Goal Score: 760

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RobertEG
Posts: 17,688
Registered: ‎03-19-2007
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Re: What to do now? EQ cannot tell me DOFD

[ Edited ]

Any party, once have reported either a charge-off or collection to a CRA, has a statutory requirement to provide the DOFD to the CRA within 90 days after that reporting.  FCRA 623(a)(5).  That applies to any party, be they the OC or a debt collector.  Section 623(a)(5) sets forth specific procedures for a debt collector to obtain the OC account DOFD.

 

The CRA is required, if you send them a formal request under FCRA 609(a)(1) along with proper identification and payment of the current fee of $11.00, to disclose to the consumer "all information in their credit file at the time of the request."

 

There could be two reasons why the CRA could not provide the DOFD. 

First, the debt collector did not comply with their statutory obligation to provide the DOFD on the OC account to the CRA.  The debt collector would then be in violation of statute.

Second, it is in your file, yet the CRA doesnt want to take the time to provide it informally.  In that event, send them a formal request under section 609(a)(1), to which they have their own statutory obligation to comply.

 

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Sladyesq
Posts: 58
Registered: ‎09-27-2008
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Re: What to do now? EQ cannot tell me DOFD

It says N/A.  Under what circumstance would it ever be N/A?  If it was not provided by creditor then what is the remedy to their violation? 



Starting Score: 644 EQ 548 EX 567 TU
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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: What to do now? EQ cannot tell me DOFD

It is posted as a Collection Account, therefore there must be a DOFD supplied and attached to this account.  There has to be a DOFD to set the CRTP. 


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rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
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Re: What to do now? EQ cannot tell me DOFD


Sladyesq wrote:

It says N/A.  Under what circumstance would it ever be N/A?  If it was not provided by creditor then what is the remedy to their violation? 


Your report looks like a consumer report, you need to follow RobertEGs advice before even considering next steps

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
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New Contributor
Sladyesq
Posts: 58
Registered: ‎09-27-2008
0

Re: What to do now? EQ cannot tell me DOFD


RobertEG wrote:

Any party, once have reported either a charge-off or collection to a CRA, has a statutory requirement to provide the DOFD to the CRA within 90 days after that reporting.  FCRA 623(a)(5).  That applies to any party, be they the OC or a debt collector.  Section 623(a)(5) sets forth specific procedures for a debt collector to obtain the OC account DOFD.

 

The CRA is required, if you send them a formal request under FCRA 609(a)(1) along with proper identification and payment of the current fee of $11.00, to disclose to the consumer "all information in their credit file at the time of the request."

 

There could be two reasons why the CRA could not provide the DOFD. 

First, the debt collector did not comply with their statutory obligation to provide the DOFD on the OC account to the CRA.  The debt collector would then be in violation of statute.

Second, it is in your file, yet the CRA doesnt want to take the time to provide it informally.  In that event, send them a formal request under section 609(a)(1), to which they have their own statutory obligation to comply.

 


I will be sending this to EQ.  I note on TU and EX the account is listed with a different creditor, otherwise everything is the same. I believe they are all duplicates of a prior student loan as I did not attend school nor take out any loans after 1997. This is my last derogatory and I refuse to pay because I know it's not mine.  I have requested that the loan services provide all promissory notes through them. To date they have not forwarded this information. I really think I may need to get an attorney for this one. 



Starting Score: 644 EQ 548 EX 567 TU
Current Score: 644 EQ 665 EX (12/25/12 lender pull) 635 (Walmart 1/3/13) TU
Goal Score: 760

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