Issue with DOFD

[Anonymous]

I was talking about the NCO account.  Is it on your CR?

That is the TL I want to see.

File complaints with the BBB, your state AG and the FTC.  Be very detailed in the complaint form.  Each one gives you 4000 - 8000 words to type.

Attach copies of the old report and the new one showing what NCO did.  If you cannot attach them, make copies and mail them to each place.  I would send the CMRRR to play it safe.

[TimeOnMySide]

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@Breakthecycle2 wrote:

I can't because it already fell off.

But it says:

DOFD: 10/2003

This is scheduled to stay on record until 11/2010

Date of last payment: 10/2006

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This is the NCO acct right?  Because the OC fell off you're saying?  Where did you see the fall off date was 2013?  The info you posted above says 2010 as it should according to the DOFD.

[Breakthecycle2]

Here is from Experian:

NCO FIN/09
Account Number:	2174XXXX
Acct Type:	Collection Department / Agency / Attorney
Acct Status:	Closed
Monthly Payment:
Date Open:	2/1/2010
Balance:	$6,122.00
Terms:	1 Month
High Balance:
Limit:
Past Due:	$6,122.00
Payment Status:	Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department
Comments:

[Breakthecycle2]

Here is TransUnion:

POB 7216 
PHILADELPHIA , PA 19101
(800) 709-8625 

Balance: 

$6,122  

Date Updated: 

03/2010  

Original Balance: 

$6,122 

Original Creditor: 

AMERICAN HONDA FINANCE CORP 

Past Due: 

>$6,122< 

Pay Status: 

>Collection Account<  

Account Type: 

Open Account  

Responsibility: 

Individual Account  

Loan Type: Collection Agency Attorney

Remark: 

>Placed for collection<

Date placed for collection: [ 02/2010] 

Estimated date that this item will be removed:   09/2013

[RobertEG]

Your DOFD has nothing to do with what any CA reports, any date of payment activity with either the OC or a CA, or the date it was placed for collection.  It all goes back to only the OC account, and your DOFD on that account.

Congress amended the FCRA back in 1998 to clarify this very issue.  A CA cannot reset your DOFD, period,

The only date that matters for credit reporting of a CA is the one, date certain that you first became 30-days delinquent on the OC account before any collection activuity commenced.  FCRA 605(c).

Push all CA reporting to the side.  CA reporting is irrelevant as it relates to your DOFD and credit report deletion date..  Lay out your OC account records.  Find the last chain of any delinquencies that preceded the reporting of the CA.  Then find the singular date of your first (usually 30-day) reported delinquency in that chain that preceeded the CA.  That is your legal DOFD.  Any CA must fall from credit reporting after 7 1/2 years from that date-certain.

What a CRA may tell you about projected DOFD dates is often inaccurate. Use your own OC account records as legal proof.

Once you have passed 7 1/2 years from the DOFD on the OC account, it is therafter illegal for any CRA to include reporting of the CA in any CR they issue.  FCRA 605(a)(4), as clarified by FCRA 605(c).

[Breakthecycle2]

So Just to clarify, does this mean from the very first date I was 30+ days late? Meaning, say I was late on 2/2002 and then wasn't late again until 12/2003. Which date would start the clock?

[Anonymous]

The first date you were late and never caught up.  I.E., if you were 30 days late on the payment due 12/2003 and never caught up, 12/2003 would be your DoFD.

[Breakthecycle2]

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@Anonymous wrote:

The first date you were late and never caught up.  I.E., if you were 30 days late on the payment due 12/2003 and never caught up, 12/2003 would be your DoFD.

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Ok, that's what I thought. Thanks!

[Anonymous]

You have always said the DoFD was 2003 and your old reports show it.

Now, file complaints with the BBB, your states AG and the FTC.

I would also send NCO and ITS letter telling them they have 15 days to correct their violation or you will take them to court.  Only send it if you intend to follow through with it.

[Breakthecycle2]

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@Anonymous wrote:

You have always said the DoFD was 2003 and your old reports show it.

Now, file complaints with the BBB, your states AG and the FTC.

I would also send NCO and ITS letter telling them they have 15 days to correct their violation or you will take them to court.  Only send it if you intend to follow through with it.

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Again...great advice. I am one step ahead of you as I did all this already! Just waiting it out now!