Help with DOFD and how to dispute

Anonymous · ‎05-25-2018

Hello,

I need help in determining my DOFD. I have a collection account that is reporting DOFD as January 2012. The last payment I made to my past landlord on this collection account was October 1, 2011. So wouldn't the DOFD be November 2011 and not January 2012?

I have tried to dispute with Experian and transunion but have had no luck. Any help with how to dispute this collection for deletion would greatly be appreciated. Thank you all in advance.

silver_idle · ‎05-25-2018

Did you make any payments between the one in '11 and '12?

Anonymous · ‎05-25-2018

No payments were made after October 1, 2011. Received 3 day notice on 11/17/11 for rent due November 1-November 31st, 2011. Landlord filed unlawful detainer on 11/28/11. Unlawful detainer court hearing on 1/11/12 and was in favor of the landlord. NEVER RECEIVED copy of judgment so I do not even know if the amount that is being reported is accurate. The landlord hired fidelity as the collection agency (its being reported as a collection account).

RobertEG · ‎05-25-2018

It would depend solely upon the terms of your rental agreement, which would specifify when you legally became delinquent under its terms.

They may, for example, have included a grace period before holding the rent as delinquent.

Regardless, the process is to first file a dispute with the CRA contesting the accuracy of the reported DOFD.

The debt collector was required, under the provisions of FCRA 623(a)(5), to have separately and explicitly reported the DOFD to the CRA no later than 90 days after they reported their collection.

It appears that you have already filed a formal dispute, and received verfication of the accuracy of their reporting.

If you then disagree, you can file a civil action under the authority of FCRA 623(c) and get their verification of accuracy reviewed by the courts. There is no admin appeal process for appeal of dispute resolution, so absent an informal call to the debt collector to attempt resolution, your next step would be to get it reviewed by the courts.

Anonymous · ‎05-25-2018

Thank you for your help RobertEG! How can I file a civil action. Would you please possibly direct me to a link or where I can find more info.
Also, I reviewed the lease agreement and it doesn't say anywhere that they have any sort of grace period. But I do know in the state of California the landlord has to give you a 3 day notice to pay or quit before they can file for an unlawful detainer. They posted a 3 day notice to pay or quit on November 17, 2011 and then filed for the unlawful detainer on November 28, 2011. So I'm assuming the 3 day notice to pay or quit maybe the grace period?
Also, I called the courts and they said what is owed per their records is $6,875.00 which is what is reported as the original balance but the recent balance is close to $12k.
Should I assume this is interest charged by the collection agency and is that legal? I read tons of reviews on this collection agency (they have been sued a lot) Fidelity Information Cor.

RobertEG · ‎05-25-2018

FDCPA 808(1) authorizes a debt collector to assess additional amounts above the principal debt, such as collection fees or interest, if the original contract that created the debt includes authorization for such amounts. Check your rental agreement for any such authorizations.

As for filing a civil action, contact the office of the clerk of your court for procedures if you wish to file without an attorney.

They will provide the small claims court procedures that apply in your jurisdiction.

Anonymous · ‎05-25-2018

Thank you. Another scenario if you would please advise on.

I have two student loans with US Deparment of Education but has been with their collection agency GC Services. My forbearance period ended on 12/14/10 and my first payment due after the forbearance ended was 1/14/11 which I never made the payments. It is being reported my DOFD is 1/12/12.

Wouldn't my first DOFD be the first payment due after my forbearance ended? I have disputed with the CRA and it has come back as verified accurate. I do have an old statement that shows when my forbearance ended and when my first payment was due.

If in fact my DOFD was 1/14/11 than wouldn't the SOL already have expired? what steps can I take to get these 2 accounts deleted?

RobertEG · ‎05-25-2018

What type of federal student loans are they?

Anonymous · ‎05-26-2018

@Anonymous wrote:
Hello,

I need help in determining my DOFD. I have a collection account that is reporting DOFD as January 2012. The last payment I made to my past landlord on this collection account was October 1, 2011. So wouldn't the DOFD be November 2011 and not January 2012?

I have tried to dispute with Experian and transunion but have had no luck. Any help with how to dispute this collection for deletion would greatly be appreciated. Thank you all in advance.

The last payment you made doesn't necessarily mean the DOFD if the payment was made before the account became delinquent. So say you are paying your rent on time, everything is good, then you stopped making payments. When the OC reported your delinquency, that would be your DOFD.

Anonymous · ‎05-26-2018

@Anonymous wrote:
Thank you. Another scenario if you would please advise on.

I have two student loans with US Deparment of Education but has been with their collection agency GC Services. My forbearance period ended on 12/14/10 and my first payment due after the forbearance ended was 1/14/11 which I never made the payments. It is being reported my DOFD is 1/12/12.

Wouldn't my first DOFD be the first payment due after my forbearance ended? I have disputed with the CRA and it has come back as verified accurate. I do have an old statement that shows when my forbearance ended and when my first payment was due.

If in fact my DOFD was 1/14/11 than wouldn't the SOL already have expired? what steps can I take to get these 2 accounts deleted?

If they are federal student loans they don't fall off of your report.