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Wrong DOFD??? WHAT NEXT???

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koky
Frequent Contributor

Wrong DOFD??? WHAT NEXT???

Just got off the phone with an OC actually a CC company.. i asked them about my DOFD, because the day they have as my DOFD is inaccurate... I have disputed this information with all 3 CRAs but it came back as verified... Since they dont have the right information on this account showing the right DOFD what should i do??? The first DOFD and the Current one they have on my file is 3 years apart.. Which pushes my DROP OFF DATE 3 Years Further... So what are my options FICO GEEKS...

Message 1 of 11
10 REPLIES 10
DiabolicallyRandom
Established Contributor

Re: Wrong DOFD??? WHAT NEXT???

Ask the OC to send you as much account information as possible. I have been lucky a few times and they were willing to do it for me.

Message 2 of 11
guiness56
Epic Contributor

Re: Wrong DOFD??? WHAT NEXT???

You can send them a direct dispute per FCRA 623(a)(8) adressing the issue.

 

Having all the documentation supporting your claim will help.  Old CR, statements ect showing when you first defaulted and never brought the account current.

 

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

   
“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information was

              actually reported to your credit flle.  The implementing rule suggests a  showing

               that it appeared in your credit report)

Message 3 of 11
koky
Frequent Contributor

Re: Wrong DOFD??? WHAT NEXT???

So if they cant verify do I get the whole account deleted... My DOFD was 5/2008... Does that mean I get all negative informations deleted 7 years to this date or how does it work???
Message 4 of 11
guiness56
Epic Contributor

Re: Wrong DOFD??? WHAT NEXT???

All they have to do is update the TL to the correct DoFD.  They don't have to delete.

 

They have 30 days to repsond to the dispute directly to you.  If they do not or do not update/delete they are in violation of the FCRA.  Your option then would be a suit against them.

 

Do you have all the documentation showing what the correct DoFD is? 

Message 5 of 11
koky
Frequent Contributor

Re: Wrong DOFD??? WHAT NEXT???

Yes I do... I would prefer they delete than to sue them... It's a 1000$ fine.... Guiness please if you can, explain how the DOFD works...
Message 6 of 11
guiness56
Epic Contributor

Re: Wrong DOFD??? WHAT NEXT???

DoFD is your Date of First Delinquency. 

 

Say you were first late April 2011.  That establishes your date of first delinquency.  You were late in May but brought the account current in June.  Your account is current so there is no longer a DoFD..  All you have are a few late payments.

 

In Sept 2012 you are late again, again established DoFD.  You are late in Oct and Nov 2012 and make a single payment in Dec 2012 but do not bring the account current.  In Jan 2013 they charge off the account.  Your DoFD is Sept 2012 because it was when you became late and did not bring the account current before the CO or collection.

Message 7 of 11
koky
Frequent Contributor

Re: Wrong DOFD??? WHAT NEXT???

THANKS....

Message 8 of 11
RobertEG
Legendary Contributor

Re: Wrong DOFD??? WHAT NEXT???

If you have delinqencies with an OC, DOFD would only be relevant to the exclusion date of a reported charge-off (and any collection, but the post does not refer to a collection)

 

If they did not report a charge-off, they have no requirement to have even reported a DOFD, as it would be irrelevant.

The charge-off would then have a maximum CR exclusion period of 7 yrs plus 180 days from the reported DOFD.

Any monthly delinquencies each have their own, individual CR exclusion periods of 7 years from date of their individual occurences.

Everything does not become excluded based on DOFD.

 

If you have evidenct that the actual DOFD differs from what they reported, that is disputable.  I agree to send a direct dispute rather than disputing through a CRA, as your supporting documentation will be the key to their investigation.  Dispute made via a CRA rarely if ever forward any supporting documentation to the furnisher.

 

If they verify the accuracy of their reported DOFD, they are not required to send you their supporting documentation or to prove its accuracy.

You cannot appeal their finding in a dispute.

Inaccuracy alone, should they agree, does not compel deletiion of the inaccurate reporting.  They always have the option to simply correct.

Additionally, any deletion as the result of a dispute only applies to the specific information under dispute.  It is not possible to delete a reported DOFD, as it is a required item of information in a consumer credit file, without which the CRA cannot calculate the CR exclusion period of any reported charge-off or collection.  It thus can only be verified or corrected, not deleted.

 

You would then have to bring civil action for violation of FCRA 623(a)(5) in order to require them to provide their evidence.

Message 9 of 11
koky
Frequent Contributor

Re: Wrong DOFD??? WHAT NEXT???

Yeah its a charged off account.. just finished typing my 623 letter... getting ready for CMRRR tomorrow.. WISH THE KOKY SOME LUCK...

Message 10 of 11
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