Figuring out DoFD...when you cannot remember

[AllCredit]

So I've started the saturation method on a collection (only currently 2mths in), then I started looking at the reporting dates, etc and realized they couldn't be correct.  The collection I'm currently trying to track down is from T-Mobile that went to ERC and I later settled with ERC.  Based off of the time ERC is reporting to the CAs I have another 2 to 3yrs.  But I do not believe that is correct.  Of course I have checked my computer and email for payment info, etc.  I don't have any.  I contacted T-Mobile and got the  last 6mths of statements but the oldest (8/11) also shows a balance, so I need to go back further to determine by DofD correct?  I'm under the impression I may actually beyond the reporting time if I can figure this out. 

Is my thinking right here?  Just want to be sure before I start hassling T-Mobile.  Has anyone else had a smiliar issue and been able to pinpoint a date? (even if I cannot pinpont one I would be satisfied with delinquency period that would be at least 7yrs old).  Thoughts?

[RobertEG]

Yes, the exclusion of a reported collection is based only on the DOFD on your account with the original creditor.

It is not based on any other date.

The DOFD is defined as the first delinquency in the most recent chain of delinquency that included the date the debt collector obtained collection authority.

If you have billing records on the  OC account, you can determine the DOFD from those records.

If you do not have adequate records to determine the DOFD on your own, you should first get the DOFD that was actually reported by the debt collector.

A debt collector is required under FCRA 623(a)5) to separately and explicitly report the DOFD to the CRA no later than 90 days after they report their collection, so it should be in your credit file.

As a general date, if you have the Open date reported by the debt collector, that is usually the date that they obtained collection authority.

A DOFD must, be very definition, be prior to the Open date of a reported collection.

If more than 7 years plus 180 days has expired since the reported Open date of the collection, that is prima facie evidence that the credit report exclusion period has expired.

You can attempt to obtain the DOFD that was reported to your credit file by several methods.

You can order a copy of your credit report from annualcreditreport.com, which usually shows the reported DOFD.

You can order a copy of your report directly from the CRA, or call and make an informal request that they tell you the reported DOFD.

You can use any statement in your credit report of an estimated date of removal, which is usually 7 years after the reported DOFD.

You can send a formal request to the CRA under FCRA 609(a), which permits a consumer to request any item of information in the consumer's file.

Section 609(a) requests must be accompanied by proof of identity and the required processing fee, which is currently $12.

[AllCredit]

Thank you RobertEG!

I will be going back to T-Mobile to see if I can get records back to 2009.  My credit reports show open dates of:

EX 12/12

EQ 4/12

TU 12/12

However from the last 6mths of statements the account was delinquent prior to 8/11 so I'm going to keep digging!

[Anonymous]

Your TransUnion file should show you the DOFD. Those are just your Open Dates for the collections being reported. Not the DOFD. 

[rmduhon]

Transunion showed the estimated date of removal, EQ shows the actual DoFD.

[AllCredit]

Didn't see option for DofD on TU, but EQ states 4/12 (but that would be incorrect) the account was closed 12/11 with a past due balance at that time, so far bills received show it was behind since at least 7/11...

[RobertEG]

To actually prove DOFD using billing statements, you need a statement showing the account was delinquent, along with additional statements that show that the debt remained delinquent up to the time of the collection.

Any return of the account to good-standing prior to the date the debt collector obtained collection authority will reset the DOFD, and thus you need a showing of continued delinquency from the date of the first delinquency up to the date the debt collector obtained their collection authority.

[AllCredit]

Precisely...but seems to be my only option if the info is being reported from the CA incorrectly, right?

[RobertEG]

Showing incorret reporting of a DOFD by a debt collector requires a showing that they have not used the required procedure detailed under FCRA 623(A)(5) in obtaining the DOFD.

The DOFD is determined by the original creditor account, and thus the debt collector must obtain that information from the OC, directly or indirectly.

The precise process that a debt collector must use to obtain the DOFD is set forth in detail in FCRA 623(a)(5).

That process provides that a debt collector can make a presumption of the DOFD without any need to contact the original creditor IF the creditor has previously reported the DOFD to a CRA under their own account.  That may or may not have occured, and would require prior reporting by the CO of a charge-off.

Do you have a prior credit report showing any reporting of the DOFD by the original creditor?

If so, is it the same as the DOFD reported by the debt collector?

If the OC has not previously reported a DOFD, then the debt collector must atttempt to make actual contact with the creditor and attempt to get the DOFD from them.

If that attempt fails, then they are permitted to make a reasonable guess as to the DOFD, but it cannot be later than the date the debt collector obtained their collection authority.  You can thus presume a DOFD that is at least no later than the Open date of the reported collection.

[AllCredit]

So I ended up getting all bills from account closing (12/12) to November 2009...I was delinquent the whole time.  So EX allows you to upload docs (which I did Sunday) I mailed copies to both EQ and TU.  EX came back today closing out my dispute as "remains," and opening another one, they have sent my bills to ERC for validation.  Curious to see if ERC responds and how...