NSF Check DOFD and CA

[Anonymous]

In October of 2003 I had a check that was returned NSF and was processed through certegy. The check remained unpaid and in July 2005 Certegy either sold or transferred the account to Hilco.  A few months back I DV Hilco now EAF to see if they were legally entitled to report and they sent back a letter stating the items have been transferred to Aaragon Collection and they, Aaragon, are handling it.  Ok so here is the question, if the check was NSF back in Oct 2003, doesn't that constitute DOFD and given the 7.5 year reporting period shouldn't that item be removed April 2011 as opposed to 2012 according to EAF reporting.  The SOL has expired I believe (MS has a 3 year SOL rule) and isn't EAF reporting incorrect information. Any ideas on this would be greatly appreciated.

[Anonymous]

Yes, you are correct.

[RobertEG]

I dont think the October, 2003 date of payment dispute is relevant at all to credit reporting.

Congress enacted FCRA 605(c) back in 1998 to set only one date certain for removal of a collection or charge off from your credit report.

It is based only on your date of first default with the original creditor, not on anything a debt collector asserts, or any dealings you have had with them.

It has nothing at all to do with payment questions.

Your DOFD is simply the first date that you became delinquent on payment on the original creditor account.

Add 7 1/2 years to that date, and CRA reporting is therafter barred.  FCRA 605(c).

Your DOFD was probabluy back in early 2003, or maybe back in 2002. 

[Anonymous]

The NSF check was written october 15, 2003, so that would not be the DOFD?

[RobertEG]

No.

Your DOFD is simply the date that you were first late on a posted billing statement issued by the original creditor.

Take your billing statements from the OC

They  set a date of minimum payment on xx/xx/xxxx. 

If you missed payment as of that posted due date, you had a firm date of first delinquency.

DOFDs are always based on the OC account, never on any activity that might subsequently transpire in any dealing with a CA.

[Anonymous]

RobertEG, it is a bad check.  It has nothing to do with any postings of account. 

[MarineVietVet]

And being a bad check would that not mean the OC is the bank the check was written on and that the DOFD is the date the check failed to clear? Is that not a separate issue from any derogatory (late payment, CO, etc.) that might have resulted from the bad check?

I'm not sure. I'm just asking.

[Anonymous]

So if the DOFD is when the check first came back NSF then I should dispute the information with the CRA or should I dispute with CA, of which I have previously DV'd? EAF is saying they have "outsourced" the collection to Aargon. 

[MarineVietVet]

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@Anonymous wrote:

So if the DOFD is when the check first came back NSF then I should dispute the information with the CRA or should I dispute with CA, of which I have previously DV'd? EAF is saying they have "outsourced" the collection to Aargon. 

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I don't know if that is the case concerning a returned check. I wish I could give you a better answer.

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[Anonymous]

I guess what I am going to do is dispute several ways. I am going to dispute with the CRA for incorrect date assigned and show them the copies I received from EAF of the NSF dated October 2003. I would also dispute the DOFD and DOLA but apparently these are not being reported on my CRs. Also I am going to dispute with EAF about their bogus dates.  They have date assigned July 2005 which is 21 months after the check became NSF.