DOFD Dispute with TU....

Anonymous · ‎11-26-2008

On Experian it said my Prof Coll was falling off in December. I got docs from Prof Coll last year, of course they don't send me the first delinquincy but they did send me a bill from 1/02 that showed a late fee already (it had been late in Nov/Dec but of course they won't send me that).

I called TU and they said 'No, it shows DOFD 5/02 and due to drop off 4/02. I said nope, they said they'll dispute it. I said 'so they have to send docs supporting that claim?' They said no we just ask them electronically if it is correct and if they say yes we keep it on (way to go complying with FCRA), *I* have to get proof from creditor. A-mazing way to get out of it huh?

Anyway, I'll be interested to see if Professional Collections bothers to verify since I/we have proof the very latest the DOFD is is 1/15/02 and it drops off in a month. If they do, it should be interesting. I have docs THEY sent me showing DOFD in Jan, and if they then confirm 5/02 isn't that willfull misreporting? In that case I think I'd bring out big guns.

Anonymous · ‎11-26-2008

@Anonymous wrote:
On Experian it said my Prof Coll was falling off in December. I got docs from Prof Coll last year, of course they don't send me the first delinquincy but they did send me a bill from 1/02 that showed a late fee already (it had been late in Nov/Dec but of course they won't send me that).

I called TU and they said 'No, it shows DOFD 5/02 and due to drop off 4/02. I said nope, they said they'll dispute it. I said 'so they have to send docs supporting that claim?' They said no we just ask them electronically if it is correct and if they say yes we keep it on (way to go complying with FCRA), *I* have to get proof from creditor. A-mazing way to get out of it huh?

Anyway, I'll be interested to see if Professional Collections bothers to verify since I/we have proof the very latest the DOFD is is 1/15/02 and it drops off in a month. If they do, it should be interesting. I have docs THEY sent me showing DOFD in Jan, and if they then confirm 5/02 isn't that willfull misreporting? In that case I think I'd bring out big guns.

Update is that I checked the final bill from 2/05/02 - 3/05/02 with an additional late fee (so I already have the 1/05/02 to 2/05/02 with lates, just not the 12/05/02 to 1/05/02 or 11/05/02 to 12/05/02 ones) and it says Final Bill - Service Cancelled. So they are trying to tell TU that DOFD is 5/02/02 when their own docs dispute it.

laz98 · ‎11-27-2008

@Anonymous wrote:
On Experian it said my Prof Coll was falling off in December. I got docs from Prof Coll last year, of course they don't send me the first delinquincy but they did send me a bill from 1/02 that showed a late fee already (it had been late in Nov/Dec but of course they won't send me that).

I called TU and they said 'No, it shows DOFD 5/02 and due to drop off 4/02. I said nope, they said they'll dispute it. I said 'so they have to send docs supporting that claim?' They said no we just ask them electronically if it is correct and if they say yes we keep it on (way to go complying with FCRA), *I* have to get proof from creditor. A-mazing way to get out of it huh?

Anyway, I'll be interested to see if Professional Collections bothers to verify since I/we have proof the very latest the DOFD is is 1/15/02 and it drops off in a month. If they do, it should be interesting. I have docs THEY sent me showing DOFD in Jan, and if they then confirm 5/02 isn't that willfull misreporting? In that case I think I'd bring out big guns.

what??? i'm confused. how can it drop off before dofd? is this a typo?

Anonymous · ‎11-27-2008

@laz98 wrote:
@Anonymous wrote:
On Experian it said my Prof Coll was falling off in December. I got docs from Prof Coll last year, of course they don't send me the first delinquincy but they did send me a bill from 1/02 that showed a late fee already (it had been late in Nov/Dec but of course they won't send me that).

I called TU and they said 'No, it shows DOFD 5/02 and due to drop off 4/02. I said nope, they said they'll dispute it. I said 'so they have to send docs supporting that claim?' They said no we just ask them electronically if it is correct and if they say yes we keep it on (way to go complying with FCRA), *I* have to get proof from creditor. A-mazing way to get out of it huh?

Anyway, I'll be interested to see if Professional Collections bothers to verify since I/we have proof the very latest the DOFD is is 1/15/02 and it drops off in a month. If they do, it should be interesting. I have docs THEY sent me showing DOFD in Jan, and if they then confirm 5/02 isn't that willfull misreporting? In that case I think I'd bring out big guns.
what??? i'm confused. how can it drop off before dofd? is this a typo?

Well the dates yes; DOFD 5/02, drop off due on 4/09. It's always the month before first delinquency because that makes it a full year

laz98 · ‎11-27-2008

lol..yea, the month thing i knew. i just didnt know if you were using mm/dd or mm/yy.

wait & see, i guess!

RobertEG · ‎11-27-2008

If your DOFD is 01/02, and the account was placed into collection, the dropoff date is 7 years plus six months from the DOFD, making it 07/09. See FCRA 605(c).

Once the CA has reported to your CR, the CA must also report to the CRA, within 90 days of posting in your credit file, the month and year of the DOFD that they are using. See section 623(a) of the FCRA.

If you dispute this date, you can file a dispute with the CRA under section 611(a) of the FCRA, which requires them to verify the section 623(a) posted date. Be sure, in that dispute, to also request under FCRA section 611(a)(6)((B)(iii) "a description of the procedure used to determine the accuracy and completeness of the information...."

So if all they do to verify is conduct an electronic or E-OSCAR in-house verification, you will have proof that they never required any verification by direct contact back with the CA.

Anonymous · ‎11-27-2008

Hi Robert, not sure if that 7 + 6mos for CA holds. I had other CAs drop off at the 7 year mark and hte same CA account was listed at 7 year drop for Experian (which it dropped off of on dispute).

Plus TU didn't say CA said 'DOFD 11/01 so drops off in 5/09'. They said 'CA shows DOFD at 5/02'

So if they verify THAT when I have docs from them showing their OWN records show DOFD at least 4 months earlier they and CRA are screwed.

RobertEG · ‎11-27-2008

I am sure. FCRA section 605(c), added by FACTA revision to the FCRA in 1996, was inserted by fed law to clarify this very controversy.

CA and CO reporting to a CRA extends the drop of date from 7 to 7 1/2 years from the DOFD.

What an OC or CA has previously done does not mean that it was in compliance with the FCRA.

The legislative history behind section section 605(c) makes it clear. It is the DOFD that controls.

The CRA does not determine the DOFD, the reporting creditors do. The CRAs are just a warehouse, unless disputed.

Each OC reporting to a CRA must reprot their DOFD/FCRA Compliance Date as a Base Segment, Fielld 25 date to the CRA. A Collection Agency or OC is further required, if they make a CA or OC post to any CR, to file with the CRA, within 90 days of that posting, their date of DOFD, pursuant to FCRA 623(a)(5)(A).

And, in last measure, the CRAs are not the ones who determimne when an account drops from credit scoring. It is the FCRA that dtermimes that. I would never rely on a statement by a CRA in a CR.

They are the LAST ones to know the facts.

Message Edited by RobertEG on 11-27-2008 11:37 PM

Message Edited by RobertEG on 11-27-2008 11:51 PM

Message Edited by RobertEG on 11-27-2008 11:55 PM

Anonymous · ‎11-27-2008

That might be the law RObert but it is not reflective of the drop-off behaviour I've seen.

Also again, TU did not say 'DOFD' is 11, drop off is 5. THey said credutor reports DOFD as 5/02. Which is a blatant lie given they provided me with their docs which show it as 6 months prior at least.

Anonymous · ‎11-28-2008

Also Robert, FCRA aside, I checked on my old Experian from when this was still on and they list 1/09 as off date (which jibes with the DOFD) and so far Experian has been a perfect barometer of drop offs for other CRAs.