I have a collection with FCO for >$2K for a lease on an old apartment that my roommate bailed on (who was supposed to take over the lease, have it put in his name, etc...I was lied to, none of it ever happened). The apartment was left empty in the early parts of 2006 and the eviction was completed just 2 days before I was notified. Anyway, it is being reported as a DOFD in mid 2007, which is over a year from when the date actually is. I have proof as to when the apartment was vacated and when the eviction was filed. It is my understanding that the DOFD is when the account falls past due and is never brought current again. Am I right? How should I proceed with this because both the CA and the CRA keep "verifying" it. It should fall off next year if the dates are correct, but they are not. Any help would be much appreciated. This is the worst baddie on my report and I would like to deal with it and have this resolved once and for all. Thank you!
it is my understanding that the DOFD used by the CA is the one the OC reported to the CRA. if the OC never reported the DOFD to the CRA, then the CA must first attempt to get the DOFD from the OC. if unsuccessful, then they are to use a best guesstimate that is no later than the date of collection referral. that is what i assume is happening in your case (true DOFD is 2006, but account was sold to CA in 2007) if you are able to get a solid DOFD (2006) from the OC, then that is the same DOFD that the CA should be using and their best guesstimate is no longer in compliance with the requirements for reporting DOFD --- see FCRA 623(a)(5). you should be able to get them to change the DOFD if you indeed have proof from the OC.
The DOFD is generally 30 days from the first missed payment that triggered the default (i.e. the account was never brought current again). So in your case, it would be 30 days from when the rent was due but not paid. In any case, the most important thing is that you have not been sued, and depending on your state, the SOL should be past. Assuming that the SOL in your state is 3 to 5 years, I would deal very aggressively with the CA, sending a letter to inform them of the correct DOFD, and reminding them that falsifying or supplying incorrect information to the credit bureau(s) is a FDCPA violation, as well as a FCRA violation, and you are prepared to take appropriate legal action if this is not fixed. Assuming that the SOL in your state has NOT passed, I would do nothing, and simply wait for the debt to fall off my credit report, and hope to not be sued.
Adding to B: You don't want to send them the evidence, just the letter. Also, typically, if you are going to file a suit, its best to include a copy of the suit in with the letter. It's a really simple suit, just lay out the statement of facts regarding the dispute. $2,000 in your hands is better than $2,000 in theirs... On xx/xx/xxxx, I discovered the error. Ox xx/xx/xxxx, I disputed the error. On xx/xx/xxxx, they verified the inaccurate information in violation of the FCRA. Said verification of inaccurate information is also a violation of the FDCPA. Your local office of your federal court should have a blank template that you can use to incorporate your facts into. And of course, the standard disclaimer, I am not a lawyer, and I don't play one on TV. If you want to see how a lawsuit is laid out, you can easily go to the FTC web site, or your state attorney general's web site, and look at any of the number of actions that they've filed against CAs to make a lawsuit out of.
