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DOFD means nothing if it can't be proven


JuniorNY
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I just got off the phone with my original creditor (Discover) who confirmed that DOFD was more than 7 years ago, but the CA on my account has posted their own DOFD. I then called Transunion and was told by the rep that even though they'll dispute the item (again), but that CA will verify again with their own DOFD and it will stay on my CR. So I said to him him, "so there's nothing I can do?" He says "nope".:lol: ...I asked Discover if they could send me something showing the DOFD, they say the only thing they could do is send me a letter showing "0" balance, but nothing showing the date as they no longer own the account.

The more you go through this process, the more you realize that there are laws to supposedly "protect" you, but the machine is not designed as such. What's my next course of action?

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Determining DOFD can be difficult at best; it's good to keep old copies of your reports and/or statements so that if worse comes to worse you have it. Even then it can be difficult. Have you tried DVing the CA? I've been sent the complete history of my account from the OC at times and this is a great help when determining when the account first went delinquent. I'm sure the OC has your account history; you might try requesting this. Whether they'll send it to you or not is another matter.

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Determining DOFD can be difficult at best; it's good to keep old copies of your reports and/or statements so that if worse comes to worse you have it. Even then it can be difficult. Have you tried DVing the CA? I've been sent the complete history of my account from the OC at times and this is a great help when determining when the account first went delinquent. I'm sure the OC has your account history; you might try requesting this. Whether they'll send it to you or not is another matter.

I have DV'd the CA but no word as of yet. My guess is they won't send me proof of DOFD as they know it is beyond the 7 years. I don't have those records anymore. I could take them to court or I could just wait 6 months until it falls off this year. I think I'll just wait the 6 months if I can't do anything further.

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6 months can feel like 6 years when you want it gone, but I think you are safe in waiting. Do a second round of disputes when this one ends (assuming you used "not my account" the first time) disputing the date giving your guess. That forces them to investigate the date the next time around, you may get lucky. (I'm currently using that tactic on a couple of mine, too.)

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First of all BY LAW the OC is REQUIRED to report the DOFD:

FCRA Section 623(a)(5)

(5) Duty to Provide Notice of Delinquency of Accounts

(A) In general. A person who furnishes information to a consumer reporting

agency regarding a delinquent account being placed for collection, charged

to profit or loss, or subjected to any similar action shall, not later than 90

days after furnishing the information, notify the agency of the date of

delinquency on the account, which shall be the month and year of the

commencement of the delinquency on the account that immediately

preceded the action.

THAT establishes the 'date certain' used to compute the 7-1/2 year reporting period.

The CA's and JDB's CAN NOT alter that DOFD and that stuff about the CA having 'their own DOFD' is hogwash. If they are reporting a collection they MUST use the ORIGINAL DOFD from the OC - period. Anything else is illegal re-aging. By their very nature a collection is ALREADY PAST that DOFD, how can there be ANOTHER DOFD ?? There can't be !

Section 605

© Running of Reporting Period

(1) In general. The 7-year period referred to in paragraphs (4) and (6)

3 of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

The above actions that start the reporting period can ONLY start with the OC.

Soo.. is Discover ignoring the LAW by NOT reporting the REQUIRED DOFD ?? That date should be in your file !!

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First of all BY LAW the OC is REQUIRED to report the DOFD:

FCRA Section 623(a)(5)

THAT establishes the 'date certain' used to compute the 7-1/2 year reporting period.

The CA's and JDB's CAN NOT alter that DOFD and that stuff about the CA having 'their own DOFD' is hogwash. If they are reporting a collection they MUST use the ORIGINAL DOFD from the OC - period. Anything else is illegal re-aging. By their very nature a collection is ALREADY PAST that DOFD, how can there be ANOTHER DOFD ?? There can't be !

Section 605

The above actions that start the reporting period can ONLY start with the OC.

Soo.. is Discover ignoring the LAW by NOT reporting the REQUIRED DOFD ?? That date should be in your file !!

Lady, that's what I mean about these loopholes that they travel through. I'm telling the rep that the OC told me personally that the DOFD is 2/25/00 and he is telling me he'll dispute it again, they'll send an electronic verification to the CA's. All they'll do is verify the same incorrect info, I say, which he then agrees will happen, and throws salt in my wounds by saying I have no recourse. This is the CRA telling me this!!! Now I know that I can sue and push this situation to its ceiling, but I find it crazy how this system works. I firmly believe they are all in league with each other behind the scenes, but that's just me..

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The rep told me that he'll dispute the item again with the notation that I confirmed with OC that DOFD was 2/25/00. I got the strange feeling that he wasn't noting anything as he didn't seem to care much about my situation. But nonetheless, I'll see what happens with this dispute and I'll decide my next course of action after that. I actually sent a DV letter to the CA on 4/6, but nothing yet. I honestly don't even expect them to respond, but what the hell right?

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