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Just need to clarify DOFD

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Anonymous
Not applicable

Just need to clarify DOFD

Will something "fall off" of your credit report around the time of the DOFD?

Message 1 of 8
7 REPLIES 7
MarineVietVet
Moderator Emeritus

Re: Just need to clarify DOFD

 


@Anonymous wrote:

Will something "fall off" of your credit report around the time of the DOFD?


Here is how and when derogs drop from you CR, and are thus no longer included in FICO scoring.

Monthly delinquencies under an OC account drop at 7 years from their individual date of delinquency. The date of first delinquency (DOFD) has nothing to do with these drop-off dates. They drop from their own individual dates. So look at each prior OC reported monthly derog date, and simply add 7 years.

If the OC subsequently reports their account as a charge off, that is a totally different and additional post to your CR. Their post as a charge-off will remain in your CR for up to 7.5 years from the DOFD on the OC account, which is the first 30-day delinquency you had on the account, and disregards any later 60/90+ delinquencies that followed. That cannot be reset.

If the OC then refers the account for collection, and a CA posts to your CR, the drop-off date of their collection reporting is the same as that of a CO. It is up to 7.5 years from the same DOFD on the OC account, and the CA cannot reset this date.

 

 

 

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Message 2 of 8
Anonymous
Not applicable

Re: Just need to clarify DOFD

Okay, so this is where my confusion starts: I had a loan and defaulted on the loan in May of 2004. When it was 2 months late, they filed a lawsuit against me and won. My wages were garnished and the loan was PIF through wage garnishment. Now they are reporting that there is a balance of $773 on the account and it is listed as a charge off. They have the DOFD now listed as December of 2005 and not May of 2004. This is not possible because it was PIF by this time and the judgment was satisfied (according to court records). Technically, it is listed on my credit report 3 times. The first is the actual loan company that was used (they are now out of business), the loan was "transferred/sold" to the bank that owned the loan company and they are also reporting, and there is also the judgment that is reporting on 2 of my reports. It was on the other report too, but I disputed, because it was still showing a balance, and it was removed. The loan company and the bank are showing all of the same information, but the loan company transferred the loan to the bank when the loan was only 30 days late (Credit report is showing that the loan company is reporting 120 days late - Not sure how they can report 120 days if they transferred it when it was 30 days late?) .Now I am confused as to how they could update the DOFD to show 2005 if it was PIF at this time, and how can they show that there is a charged off balance if the judgment has been satisfied through the courts?

Message 3 of 8
Anonymous
Not applicable

Re: Just need to clarify DOFD

Do you have proof that the original sub company transferred the account to the parent company when it was 30 days late if so then you can send this info to the CRA's who are reporting  a 120 day late on that account.  Don't know about a 120 day late in 5 years so to speak but the impact of a 30 day late would have definately ran its course by now it might be worth looking into but if is does get corrected i can't promise big changes in your score.

 

Basically by the FCRA, the credit bureaus are responsible for reporting accurate information and if you have proof of the transfer during 30 days late, ie. your last payment a copy of a cashed check through your financial institution or reciepts from the loan company, copy of the previous payments being made up to the final payment and proof that the transfer was made 30 days after the final on time payment.  Remind the CRA's of their responsibilty to be accurate some posters would state specific FCRA bylaws.  In your case that may include FCRA 602 (a) (3) & (4) and 602 (b). You can read those at this link http://www.ftc.gov/os/statutes/031224fcra.pdf it should be page 3 so you can understand how they might apply to your situation.  That's only the original loaners you can change fro 120 to 30 given you have the records on your payments because the CRA's can be stubborn.

 

To calm your nerves are you sure the original loaners are still reporting or were they simply reported?  Even closed negative accounts will remain for another seven years after the delinquencies.

 

The good news is if you have  a copy of the original loan agreement and the payment history right up to the last ontime payment you can also dispute the dofd under the same premise as you would the original loaners 120 day dilinquency... same article of the FCRA applies regarding the accuracy of the information furnished. It would also help if you still have the information of them filing a lawsuit against you 60 days later cuz who the heck does that when you're current.  That paperwork can really come in handy becuase it would be hard for them to justify suing you if you were up to date.

 

The bad news is the second 120 day late with the parent company will remain and is not an inaccuracy you pif in dec '05 which is well after the original date of may of '04 but atleast this way you can get a year and a half back towards the date these negatives fall off.

 

Let us know how it goes and let us know what information you still have in your possession.

 

Key things:

 

1. Original loan agreement

2. Payment history

3.Proof of transfer for 120 day late but more importantly

4. Proof of lawsuit filed/payment history to prove you were not current since May '04 which should get your drop off date some time next year instead of early 2013 big difference.

 

P.S the original loan agreement shows your monthly obligation, so if the payments u made match that original monthly obligation which they should this would prove that the agreement was met up until May '04.

 

If you have this documentation you should have all the paperwork necessary to get your dofd back to the original age.

Message 4 of 8
Anonymous
Not applicable

Re: Just need to clarify DOFD

The only other thing i can think of is that you have a paid/satisfied judgement on your CR. Now it's possible that the date you see is only in regards to the satisfied judgement because that's when you PIF.  The original loan negative may still have the date of May '04.  Check to see if it has a different date.

 

I would check that out before i go threw the entire process i posted in my last post just to be sure.  The judgement is started via dec 05 and won't fall of til dec 2011.  That's normal.  Now that the judgement has been satisfied you can go through the process of contacting the municipality responsible for handling the case and asking them to delete the record.  This would be in the form of a goodwill letter.

Message 5 of 8
Anonymous
Not applicable

Re: Just need to clarify DOFD


@Anonymous wrote:

Okay, so this is where my confusion starts: I had a loan and defaulted on the loan in May of 2004. When it was 2 months late, they filed a lawsuit against me and won. My wages were garnished and the loan was PIF through wage garnishment. Now they are reporting that there is a balance of $773 on the account and it is listed as a charge off. They have the DOFD now listed as December of 2005 and not May of 2004. This is not possible because it was PIF by this time and the judgment was satisfied (according to court records). Technically, it is listed on my credit report 3 times. The first is the actual loan company that was used (they are now out of business), the loan was "transferred/sold" to the bank that owned the loan company and they are also reporting, and there is also the judgment that is reporting on 2 of my reports. It was on the other report too, but I disputed, because it was still showing a balance, and it was removed. The loan company and the bank are showing all of the same information, but the loan company transferred the loan to the bank when the loan was only 30 days late (Credit report is showing that the loan company is reporting 120 days late - Not sure how they can report 120 days if they transferred it when it was 30 days late?) .Now I am confused as to how they could update the DOFD to show 2005 if it was PIF at this time, and how can they show that there is a charged off balance if the judgment has been satisfied through the courts?


Same thing happened to me.  After offsetting my income tax return for years and garnishing my paycheck, I finally paid off a judgment.

 

A month or so later I got a letter from the CA and they said I still owed them $601.  They said it was for administrative fees and things like that. 

I told them those fees should have been included in the judgment and I was not going to give them any more money.  As it was, I had over $16,000 taken for a $4,000

loan.  I never heard from them again.

 

As for the DoFD changing, that can only happen if during the payments the account was brought current.

Message 6 of 8
Anonymous
Not applicable

Re: Just need to clarify DOFD

So if it was brought current, that would have meant that it was paid off. UGH! How frustrating. I know that it was PIF, but they had to have tacked on other fees. Did they remove yours from your credit report after you asked them about the $601?

Message 7 of 8
Anonymous
Not applicable

Re: Just need to clarify DOFD

Once I told them I refused to pay anymore money it was removed from my CR.

 

I honestly think they were just trying to get more money from me and I didn't bite.

 

They changed your DoFD based on the fact they are saying you still owe fees and things.  I am not sure they can do this.

 

 

Message 8 of 8
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