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Help with DoFD Reaging Dispute

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Established Member

Help with DoFD Reaging Dispute

I should have not poked the sleeping bear...

 

I have an OC on my credit reports that was charged off and not updating. I successfully had Transuion EE this account and was looking to see if I could have Experian do the same. I know Experian typically allows this at 3 months out. I jumped the gun and tried for an EE
about 4 months out on this account due to success a few forum members had. I submitted the request online to Experian. Not only did they not delete the account "no big surprise here", but they updated the account causing my score to drop 30 points! I also noticed that the DoFD was updated and pushed out from June 2019 to September 2019! Now Experian shows the account to be deleted June 2019.

 

Here is where I am at currently and would like a sanity check and advice. I have a 3 bureau credit report from last year. The Experian report shows that this account should have fallen off March 2019. The Equifax report shows a date of May 2019 when the account is to be deleted. I wrote and mailed certified letters to Experian with a copy of this report disputing that the DoFD was incorrectly updated and that this account was to have been deleted March 2019. I also sent a simliar letter to Equifax asking them to also validate that the DoFD and balances have been reported correctly or to either update or delete the account. I did not send them a copy of the Equifax report.

 

Lastly, I sent a certified letter to the OC asking them to send me proof that the DoFD, payment history, and balance reporting is correct or either correct or delete the account from my credit reports. I have an idea on when this account first went deliquent, but unfortunatley I don't have any proof. I'm hoping the OC can show me proof of when this account first went deliquent.

 

So, to summarize - I have a feeling the DoFD is not being reported correctly by the OC and possibly this account has been reaged. I do not have proof of what the DoFD should actually be and can only go by my original 3 bureau reports from last year.I really would like to validate that the DoFD is correct as I have a strong feeling it's not. Did I take the right approach by disputing with Experian and Equifax and the OC? Is there a better way to do this? Help!? Thank you!


Starting Score: TU: 574
Current Score: TU: 740 EX: 680 EQ: 680
Goal Score: TU: 740 EX: 740 EQ: 740


Message 1 of 6
5 REPLIES 5
Highlighted
Established Contributor

Re: Help with DoFD Reaging Dispute


@rdtech wrote:

I should have not poked the sleeping bear...

 

I have an OC on my credit reports that was charged off and not updating. I successfully had Transuion EE this account and was looking to see if I could have Experian do the same. I know Experian typically allows this at 3 months out. I jumped the gun and tried for an EE
about 4 months out on this account due to success a few forum members had. I submitted the request online to Experian. Not only did they not delete the account "no big surprise here", but they updated the account causing my score to drop 30 points! I also noticed that the DoFD was updated and pushed out from June 2019 to September 2019! Now Experian shows the account to be deleted June 2019.

 

Here is where I am at currently and would like a sanity check and advice. I have a 3 bureau credit report from last year. The Experian report shows that this account should have fallen off March 2019. The Equifax report shows a date of May 2019 when the account is to be deleted. I wrote and mailed certified letters to Experian with a copy of this report disputing that the DoFD was incorrectly updated and that this account was to have been deleted March 2019. I also sent a simliar letter to Equifax asking them to also validate that the DoFD and balances have been reported correctly or to either update or delete the account. I did not send them a copy of the Equifax report.

 

Lastly, I sent a certified letter to the OC asking them to send me proof that the DoFD, payment history, and balance reporting is correct or either correct or delete the account from my credit reports. I have an idea on when this account first went deliquent, but unfortunatley I don't have any proof. I'm hoping the OC can show me proof of when this account first went deliquent.

 

So, to summarize - I have a feeling the DoFD is not being reported correctly by the OC and possibly this account has been reaged. I do not have proof of what the DoFD should actually be and can only go by my original 3 bureau reports from last year.I really would like to validate that the DoFD is correct as I have a strong feeling it's not. Did I take the right approach by disputing with Experian and Equifax and the OC? Is there a better way to do this? Help!? Thank you!


 

Ok well it makes sense that EX would have it listed for March since the account should be deleted in June. EX deletes up to 3 months early, right? Also, EQ automatically deletes them 1 month before so it would make sense that they would have it listed as May.

 

I had this same issue last year. When I called EX trying to get an early exclusion, they said the date I was referring to on my reports WAS the early exclusion date. It says something like "Date Account will be Removed". So if EX is saying it's set to be deleted in March, then it should've been deleted already. Have you tried calling and asking for supervisor? A lot of times, the front line CR's don't know much and won't/can't help you with these kinds of things. I had to get a supervisor to delete my collection with TU. It's still too early for EX, but when I did it last year for a different account, I remember calling and speaking to a supervisor. They did say it would show up as a dispute, but that's just how they have to do it. It's not technically a dispute and it was deleted shortly after. Make sure you reference your report that you pulled and send them a copy if need be.

I think I've found the sacred map that may lead me to this garden everyone keeps talking about.



Officially collection free as of 3/19/19!!
STARTING SCORES: 377 (11/2013) & 580 (3/2018)
Message 2 of 6
Highlighted
Legendary Contributor

Re: Help with DoFD Reaging Dispute

Once a creditor has reported a charge-off, they are then required under FCRA 623(a)(5) to separately and explicitly report the date of first delinquency (DOFD) to the CRA no later than 90 days after the date of reporting of the charge-off.

That reported DOFD is stored in the General Segment of your credit file as the "FCRA Compliance Date/ Date of First Delinquency" under field code 25.

The reported DOFD is then used by the CRA to calculate the exclusion date of the reported charge-off, which pursuant to FCRA 605(c) can be no later than after 7 years plus 180 days from the reported DOFD.

 

For several reasons, credit reports usually do not provide the actual, reported DOFD, primarily because most consumers dont know exactly what a DOFD is, or its relevance.  They choose instead to provide a date that is derived from the DOFD that consumers will understand, which is the expected or estimated date that the charge-off will become excluded.   

The CRAs choose, in almost all situations, not to wait the additional 180 days permitted under sectin 605(c), and calculate and post the estimated date of exclusion based on only 7 years from the reported DOFD.  They thus include an standard 180 day early exclusion, but are not in violation until the full 7 years plus 180 day period has expired.

 

One cannot determine the precise date of first delinquency that was actually reported by the creditor simply by backdating 7 years from the estimated exclusion date due to the CRA flexibiiity in determination of that date.

Thus, you cannot document and dispute a reported DOFD by showing only of the estimated date of first delinquency.

 

You can usually get the actual, reported DOFD from your more comprehensive report at annualcreditreport.com.

If still not shown, you can file an information request under the provision of FCRA 609(a), which permits a consumer to request disclosure of "any item of information in their credit file" upon payment of the processing fee, which is currrently $11.00.

 

A creditor may voluntarily provide to you their reported DOFD, but is not required to do so.

 

I would get proof of the actual, reported DOFD before filing a formal dispute asserting inaccurate reporting by the creditor, as the estimated exclusion date you are relying upon is not conclusive as to the specific reported DOFD.

Message 3 of 6
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Established Member

Re: Help with DoFD Reaging Dispute


@Queen_Etherea wrote:

@rdtech wrote:

I should have not poked the sleeping bear...

 

I have an OC on my credit reports that was charged off and not updating. I successfully had Transuion EE this account and was looking to see if I could have Experian do the same. I know Experian typically allows this at 3 months out. I jumped the gun and tried for an EE
about 4 months out on this account due to success a few forum members had. I submitted the request online to Experian. Not only did they not delete the account "no big surprise here", but they updated the account causing my score to drop 30 points! I also noticed that the DoFD was updated and pushed out from June 2019 to September 2019! Now Experian shows the account to be deleted June 2019.

 

Here is where I am at currently and would like a sanity check and advice. I have a 3 bureau credit report from last year. The Experian report shows that this account should have fallen off March 2019. The Equifax report shows a date of May 2019 when the account is to be deleted. I wrote and mailed certified letters to Experian with a copy of this report disputing that the DoFD was incorrectly updated and that this account was to have been deleted March 2019. I also sent a simliar letter to Equifax asking them to also validate that the DoFD and balances have been reported correctly or to either update or delete the account. I did not send them a copy of the Equifax report.

 

Lastly, I sent a certified letter to the OC asking them to send me proof that the DoFD, payment history, and balance reporting is correct or either correct or delete the account from my credit reports. I have an idea on when this account first went deliquent, but unfortunatley I don't have any proof. I'm hoping the OC can show me proof of when this account first went deliquent.

 

So, to summarize - I have a feeling the DoFD is not being reported correctly by the OC and possibly this account has been reaged. I do not have proof of what the DoFD should actually be and can only go by my original 3 bureau reports from last year.I really would like to validate that the DoFD is correct as I have a strong feeling it's not. Did I take the right approach by disputing with Experian and Equifax and the OC? Is there a better way to do this? Help!? Thank you!


 

Ok well it makes sense that EX would have it listed for March since the account should be deleted in June. EX deletes up to 3 months early, right? Also, EQ automatically deletes them 1 month before so it would make sense that they would have it listed as May.

 

I had this same issue last year. When I called EX trying to get an early exclusion, they said the date I was referring to on my reports WAS the early exclusion date. It says something like "Date Account will be Removed". So if EX is saying it's set to be deleted in March, then it should've been deleted already. Have you tried calling and asking for supervisor? A lot of times, the front line CR's don't know much and won't/can't help you with these kinds of things. I had to get a supervisor to delete my collection with TU. It's still too early for EX, but when I did it last year for a different account, I remember calling and speaking to a supervisor. They did say it would show up as a dispute, but that's just how they have to do it. It's not technically a dispute and it was deleted shortly after. Make sure you reference your report that you pulled and send them a copy if need be.


Originally EX had this account listed for removal in March. After attempting the EE, they now list it for removal in June. I believe this already includes the 3 months they give you for an early deletion.

 

I attempted to call and speak with a supervisor. This sounds strange and is not consistent with my experience with TU, but the CR mentioned that they have to schedule a callback. They apparently do not transfer you directly to a supervisor. Has anyone heard of this?


Starting Score: TU: 574
Current Score: TU: 740 EX: 680 EQ: 680
Goal Score: TU: 740 EX: 740 EQ: 740


Message 4 of 6
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Established Member

Re: Help with DoFD Reaging Dispute


@RobertEG wrote:

Once a creditor has reported a charge-off, they are then required under FCRA 623(a)(5) to separately and explicitly report the date of first delinquency (DOFD) to the CRA no later than 90 days after the date of reporting of the charge-off.

That reported DOFD is stored in the General Segment of your credit file as the "FCRA Compliance Date/ Date of First Delinquency" under field code 25.

The reported DOFD is then used by the CRA to calculate the exclusion date of the reported charge-off, which pursuant to FCRA 605(c) can be no later than after 7 years plus 180 days from the reported DOFD.

 

For several reasons, credit reports usually do not provide the actual, reported DOFD, primarily because most consumers dont know exactly what a DOFD is, or its relevance.  They choose instead to provide a date that is derived from the DOFD that consumers will understand, which is the expected or estimated date that the charge-off will become excluded.   

The CRAs choose, in almost all situations, not to wait the additional 180 days permitted under sectin 605(c), and calculate and post the estimated date of exclusion based on only 7 years from the reported DOFD.  They thus include an standard 180 day early exclusion, but are not in violation until the full 7 years plus 180 day period has expired.

 

One cannot determine the precise date of first delinquency that was actually reported by the creditor simply by backdating 7 years from the estimated exclusion date due to the CRA flexibiiity in determination of that date.

Thus, you cannot document and dispute a reported DOFD by showing only of the estimated date of first delinquency.

 

You can usually get the actual, reported DOFD from your more comprehensive report at annualcreditreport.com.

If still not shown, you can file an information request under the provision of FCRA 609(a), which permits a consumer to request disclosure of "any item of information in their credit file" upon payment of the processing fee, which is currrently $11.00.

 

A creditor may voluntarily provide to you their reported DOFD, but is not required to do so.

 

I would get proof of the actual, reported DOFD before filing a formal dispute asserting inaccurate reporting by the creditor, as the estimated exclusion date you are relying upon is not conclusive as to the specific reported DOFD.


RobertEG,

 

Thank you for this detailed information. This is very imformative!

 

The reports that I mentioned in the opening of my post are from annualcreditreport.com which is how I was able to see the DoFD. I guess the biggest question for me is what is the best way to prove what the actual DoFD is? Are the reports from annualcreditreport.com enough or do I need to reach out to the OC and somehow convince them to send me proof of the DoFD? Do you have any thoughts on the best way to do this?

 

If the reports from annualcreditreport.com are enough, would mailing them to EX and EQ "I already mailed one to EX" be enough to dispute the DoFD?

 

Thank you.


Starting Score: TU: 574
Current Score: TU: 740 EX: 680 EQ: 680
Goal Score: TU: 740 EX: 740 EQ: 740


Message 5 of 6
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Legendary Contributor

Re: Help with DoFD Reaging Dispute

The DOFD is a factual, date-certain that can be shown by your own documentation.

It is defined under FCRA 605(c) as the date of the commencement of the period of delinquency that led to and includes a reported charge-off or collection.  

 

FCRA 623(a)(5) sets forth, in detail, a multi-step process by which a furnisher determines and reports a date of first delinquency to a CRA, but that process and the associated date it provides is always subject to dispute of its accuracy by showing of facts.

A reported DOFD is never per se accurate simply because it has been reported following the guidelines set forth in section 623(a)(5).

More specifically, if you have account records or other documentation showing when you first became delinquent, and that you thereafter remained continuously delinquent up the taking/reporting of either a charge-off or collection, you can submit that documentation to the CRA as basis for a dispute.

 

The CRA must then refer your dispute and documentation to the furnisher for their investigation in view of your evidence of the actual DOFD, and response back to the CRA.

If the furnisher and CRA still verify the accuracy of the reported DOFD, you then have the right to file a civil action under FCRA 623(c) and get your position reviewed by the courts.  If you file a civil action, then the furnisher will be compelled to produce their own factual basis for their finding under the court's discovery process.

Message 6 of 6
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