DOFD is determined based on the history of the OC account, and is thus a factual determination.
Your account records are thus the basis for "finding" the date you first went delinquent and never brought the account back into good-standing before it was referred for collection. If you dont have adequate records, you can always request the OC to provide them. However, they are normally not compelled to provide prior account records if they sent prior billing notices establishing a billing due date, upon which DOFD can be determined.
Neither the OC nor the debt collector are required to provide the DOFD until they have reported to a CRA.
It is not a credit reporting issue until they have done so. The credit reporting relevancy of DOFD is to estabish the date for calculation of the ultimate date of exclusion of a reported collection or charge-off.
You want DOFD for a different purpose.... under the assumption that DOFD will most likely also define the date of commencement of the statute of limitations on the debt.
Developing an SOL defense is not something a creditor will most likely go out of their way to assist the consumer in establishing. Thus, in contacting them, I would not mention SOL.
Do you have ANY account records to support the date you first went delinquent, and thus established the date upon which they could have first brought legal action?
