Honda Finance...can they do this?

[Jenmerie]

Hello,

Acura (which I believe is doing business as Honda) contacted me in September regarding some unpaid toll fees I racked up in my old lease a couple years ago between 2013-2014.  (To my defense, it was a new toll road without actual tolls and I mistakenly took the road thinking I was getting off before I actually got to a physical toll.  This road does not propely indicate that they use cameras only but I digress.)

They said that I owe 700...and they set me up with a payment plan.  I honestly forgot about this and did not pay the next two months as it's not a credit account of mine that I regularly check. I checked myfico today and I have what I believe is a 30 days late on my account.  It has dropped my score by 45 points.  It is the only late payment I have on my account and I'm a little upset by it. They are currently closed right now, but I'm assuming this is due to the toll fees.

3/2013

$0

Not more than two payments past due

This lease was closed out in 2015 so I'm wondering if it's even possible they can report it as a 30 day late on the same lease account? Did accepting the payment plan mean they can use the old account? Do you guys think I have any recourse?  

[Anonymous]

You agreed to them you owed the money related to the old account and started paying on it.  They can still update the old closed account.

Best recourse you have is to contact them with payment ready and just see if they'll not report it... if they won't play ball, keep paying anyway and start a good will campaign.

[RobertEG]

The debt obligation would be to the government agency that issued the tickets.

How did the debt obligation then pass to the leasor of your vehicle?

Did your lease agreement include some such agreement on your part that transferred debt obligation from the government to them?

The recent consent agreement reached between the CRAs and the office of the AGs of several states explicitly included the agreement to remove any reporting of drogs on debts resulting from tickets or other fees for which the consumer never entered into a specific agreement with a creditor.

Thus, if the fees were not properly collectible by the leasor, but rather were due to the enforcement agency, they can be removed from your credit report.

[surferchris]

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@RobertEG wrote:

The debt obligation would be to the government agency that issued the tickets.

How did the debt obligation then pass to the leasor of your vehicle?

Did your lease agreement include some such agreement on your part that transferred debt obligation from the government to them?

The recent consent agreement reached between the CRAs and the office of the AGs of several states explicitly included the agreement to remove any reporting of drogs on debts resulting from tickets or other fees for which the consumer never entered into a specific agreement with a creditor.

Thus, if the fees were not properly collectible by the leasor, but rather were due to the enforcement agency, they can be removed from your credit report.

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Thanks for the information in general...good to know that.

[Jenmerie]

I just wanted to update this thread and thank people that chipped in.  I actually winded up disputing this and I also reached out to the Consumer's Protection Bureau.  While, I understand that I did not pay the tolls after agreeing to pay...I think it was deceptive to put the toll fees on an installment loan that has been closed for almost two years and update my credit report as paying late. It implies that I did not pay my lease on time..which is untrue.  As I said before, I didn't even know about these tickets up until some months ago.  In any case, It appears the credit burearus agree and removed the late payments and my score has gone back up.

I have another question...

Acura/Honda has since called me and said that they will remove the late payments if I agree to pay the remaining balance (even though they are already removed...I'm not sure if they know that or not).  I agreed in exhange for something in writing (as a precaution).  I finally got the letter and I do not like the verbage.  The verbage says after the final payment owed is made they will update the installment loan to:

-"Paid in full"

-0/30, 0/60, 0/90

I agreed for the installment loan to go back to "Pays as agreed" and all late payment indicators be wiped out.  I dont think the letter implies that.  So my question is...should I send another letter explaining what I agreed to? I want to pay them and end this..but i'm afraid that once I pay they will take this letter as law and change my credit report back to something messed up.    Or am I reading this wrong entirely?

[Anonymous]

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@Jenmerie wrote:

I just wanted to update this thread and thank people that chipped in.  I actually winded up disputing this and I also reached out to the Consumer's Protection Bureau.  While, I understand that I did not pay the tolls after agreeing to pay...I think it was deceptive to put the toll fees on an installment loan that has been closed for almost two years and update my credit report as paying late. It implies that I did not pay my lease on time..which is untrue.  As I said before, I didn't even know about these tickets up until some months ago.  In any case, It appears the credit burearus agree and removed the late payments and my score has gone back up.

I have another question...

Acura/Honda has since called me and said that they will remove the late payments if I agree to pay the remaining balance (even though they are already removed...I'm not sure if they know that or not).  I agreed in exhange for something in writing (as a precaution).  I finally got the letter and I do not like the verbage.  The verbage says after the final payment owed is made they will update the installment loan to:

-"Paid in full"

-0/30, 0/60, 0/90

I agreed for the installment loan to go back to "Pays as agreed" and all late payment indicators be wiped out.  I dont think the letter implies that.  So my question is...should I send another letter explaining what I agreed to? I want to pay them and end this..but i'm afraid that once I pay they will take this letter as law and change my credit report back to something messed up.    Or am I reading this wrong entirely?

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@Jenmerie wrote:

I just wanted to update this thread and thank people that chipped in.  I actually winded up disputing this and I also reached out to the Consumer's Protection Bureau.  While, I understand that I did not pay the tolls after agreeing to pay...I think it was deceptive to put the toll fees on an installment loan that has been closed for almost two years and update my credit report as paying late. It implies that I did not pay my lease on time..which is untrue.  As I said before, I didn't even know about these tickets up until some months ago.  In any case, It appears the credit burearus agree and removed the late payments and my score has gone back up.

I have another question...

Acura/Honda has since called me and said that they will remove the late payments if I agree to pay the remaining balance (even though they are already removed...I'm not sure if they know that or not).  I agreed in exhange for something in writing (as a precaution).  I finally got the letter and I do not like the verbage.  The verbage says after the final payment owed is made they will update the installment loan to:

-"Paid in full"

-0/30, 0/60, 0/90

I agreed for the installment loan to go back to "Pays as agreed" and all late payment indicators be wiped out.  I dont think the letter implies that.  So my question is...should I send another letter explaining what I agreed to? I want to pay them and end this..but i'm afraid that once I pay they will take this letter as law and change my credit report back to something messed up.    Or am I reading this wrong entirely?

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Sure it does according to their verbiage 0/30, 0/60' 0/90. Which means you were never late.

[Jenmerie]

Okay,  thanks donny...I guess maybe the "Paid in full" threw me off. I appreciate it.

[Anonymous]

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@Jenmerie wrote:

Okay,  thanks donny...I guess maybe the "Paid in full" threw me off. I appreciate it.

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It will report as "paid", with no late payments reported.

A satisfactory account. That will remain on your reports as satisfactory for 10 years.