Help with DOFD It's wrong, I dispute, it gets verified

[Anonymous]

2 of the accounts IIB had DOFD in 2011 and should have dropped off my report by now.

I know it's not hurting me too much with the CH7 showing ofr 3.6 more years but I want my report to be correct and isn't that the law?

I dispute, I call, I file complaints with CFPB I call the creditor and nothing changes.

Opened 8/2011 NEVER PAID - was a dark time, no payments ever made.

Reporting 1/2016 as DOFD this should be gone from my credit report.

Obviously it's fishy if they show no payments whatsoever opened 8/2011 then DOFD the month I filed bankruptcy?

I am out of ideas, how do I get this fixed.

Looking at mortgages soon and with scores just about 700 every little point might just help but again even if it's 0 points it's illegal and being reporting wrong isn't it?

[RobertEG]

What is the reported payment history of the account?

FCRA 623(a)(5) mandates reporting of DOFD to the CRAs, but only if a charge-off or collection has been reported.

The DOFD is then used to determine the exclusion date under FCRA 605(c) of a reported collection or charge-off.

If there are no monthly delinquencies or a charge-off reported by the creditor, then DOFD is irrelevant to any exclusion provisions under the FCRA.

A chapter 7 BK does not become excluded based on DOFD, it becomes excluded ten years after the date of entry for the order for relief or the date of adjudication.  See FCRA 605(a)(1).

[Anonymous]

Great question.  

There is no reported payment history for this account.  There may have been at some time but not currently.  

it says IIB DOFD 1/2016.

I know the Chapter 7 will dissapear 10 years after the filing date that's not in question.

So here is an account opened 8/2011 with charges that month that was never ever paid

Why should the date of first delinquency be 1/2016?

Are you saying this should stay on my report for 7 years after 1/2016 when it became delinquent 9/2011?

[RobertEG]

No, I am saying that the reporting of a DOFD is not required, and if they have chosen to report and your credit report shows a DOFD, it is irrelevant to any credit report exclusion of any adverse information or of the entire account.

It would only be relevant to the exclusion of payment history delinquencies or a collection or charge-off.

The only adverse reporting under the account is apparently that it was Chpt 7 BK, and thus the only relevant exclusion provision is the removal of reference to any BK after ten years under FCRA 605(a)(1).

Since you have filed a dispute and received verification of the accuracy of the reported DOFD, you can now file a civil action and get the matter reviewed by the courts.

However, if you wish to pursue civil action contesting the accuracy of any reported DOFD, resolution of that issue will not affect exclusion of anything under the account.  The credtior could simply delete that reporting, as it is not required unless there is a reported collection or charge-off.  

[Anonymous]

The only adverse reporting under the account is apparently that it was Chpt 7 BK, and thus the only relevant exclusion provision is the removal of reference to any BK after ten years under FCRA 605(a)(1).

The creditor who had previously reported negatives and charge off status from 9/2011 forward removed all payment status and changed the DOFD to 1/2016 and now instead of falling off 7 years from the DOFD which was 9/2011 it will fall off 7 years from the filing of my Chapter 7 1/2016.  That just doesn't sound kosher to me.  I don't think it's costing me many points but why should this still be on my report.  They chose to remove payment history and now it's going to stay on my report 4 years longer?