When do I dispute the DOFD for this auto loan that ended in repo

[DjBadCredit]

I had an auto loan in Dec 05' that was 30 days late about 4 months into the loan. I would say the DOFD on this loan with Drive Financial was at the latest May 06'. I never recovered thus the car was recovered in 10/07. Santander bought Drive Financial soon after that and then sold the debt to AFS whom is showing the date this debt will fall off my reports as 12/14. They are counting from the day the car was recovered, not the day of my first delinquency. This loan was consistently late almost the entire time. How should I go about disputing this debt? I wanted to PFD a few months back, but AFS was not willing to negotiate on the 6500 balance. I will figure out my exact DOFD while you all give me some suggestions. Thanks

[Shogun]

The DOFD should be the date the loan went default and was never brought back up to current.  So you say that would be in May 06.  That would put the CRTP exclusion to be around 11/2003.  That's 7 years +180 days from default.

[guiness56]

I know you meant 11/2013.

[Shogun]

Yes I did, thank you guiness!

[RobertEG]

Once you determine what you think the correct DOFD should be, the next step in challenging the accuracy is to determine what date the debt collector actually reported.

Furnishers of information dont calculate CR exclusion dates and report them to the CRA.  Any calculation of expected exclusion date is done by the CRA, based on the DOFD reported to them, and then clouded by whatever period they choose to use for their expected exclusion.  They, or course, must exclude no later than the max period of 7 years plus 180 days from DOFD, but can choose to exclude earlier.  An expected or estimated date is not in and of itself subject to dispute.  The date reported by the debt collector is the issue.

DOFD is unrelated to any issue of obligation to pay the debt.  It relates only to the date after which others wont be able to view the collection in your CR.

If you wish to dispute a reported DOFD, you need to first determine what was actually reported.  Some commercial CRs dont include the DOFD.

If you cant find it from the info you have, you can send a request to the CRA for that information under the provisions of FCRA 609(a)(1), which entitles a consumer, upon payment of the processing fee (which is currently $11.00) to any information of record in their credit file.

Once you have some evidence of their actual reporting, you can dispute the accuracy using your own documentation.  I would recommend sending a direct dispute to the debt collector, ensuring your documentation is received by them.

[DjBadCredit]

Thanks for the info everyone. I found a report that shows that throughout the entire loan period, I did however become current for a month after a 90 day late posted in 07'. So I guess the falloff date is correct. 12/14 is the fall off date, I'll try PFD again with my tax return. If they don't except it ill have to wait it out. Thanks again.