Speeding Camera Ticket Help-- DV or not?

[scorpio_queen02]

Hi All,

I recently discovered via Credit Karma I had an account in collections from a company that handles speeding camera tickets. I found their information and gave them a call. This is what the woman told me: I had a balance of $104. She asked me immediately if I was able to make a payment today. I told her I wanted to find out more information on what exactly that was, because to  my knowledge, I had paid any camera ticket I got. She told me the date the violation occured and the address the citation was sent to. I told her I have never received a citation for $104 at that address. She said that may have not been the original amount, but that was the CURRENT amount. So I asked her what the original amount was. She said she did not have that information. Ok that's WEIRD. So I asked her where I can find that information. And this woman asks me WHY DO I NEED THAT INFORMATION? I am baffled and say because I want to know exactly what I am submitting a payment for! So she tells me to call the town I got the ticket, which she did not have the number for. So I scoured the internet looking for the information and come to find out they use on online citation system. So I called them and the woman gave me the sequence of events: The original ticket was for $40!!! 

The violation occured 12/31/2012

1st notice sent: 1/15/2013

2nd (delinquent) notice sent: 2/14/2013

Payment made (by me): 4/8/2013, but account went into collections 3/24/2013

The woman said she is showing a payment due of $37.35.

So I told the woman, just to be clear, that the payment I sent was NOT sent to a collection agency, and confirmed that they had in fact, cashed the check AFTER the account was sent to the collection agency.

So I call the collection agency back, and the woman tells me that she is not showing a payment made on that acount and that I SHOULD call the town/citation system people back and have them send over documentation that a payment was made. I'm thinking wait a minute. So you want me to do your job? Why don't I just send  DV letter? Then I thought, does that benefit me? And if not, what should I do instead? I want this account OFF my credit report! Please help!

[RobertEG]

Definately send a DV, and include a request for the name of the OC and an itemization of the debt.

They must then cease collection until they have obtained verification and provided at itemi\ation of whatever charges they deem due.

Not likely in view of what the OC has told you.

As for CR deletion, since the debt was apparently referred to them prior to payment, they did have legitiimate collection authority at a point in time, and thus basis to report.

The FCRA has no provisions mandating a debt collector to delete after payment of a debt.

However, since the OC did not notify the debt collector of satisfaction of the debt, they have a bit of egg on their face, as the collection has continued to show unpaid, thus having a negative view by others who may have pulled your CR.  Ask the OC to notify the debt collector and request them to deletef their collection.  Perhaps that will work without having to contest the issue.

Once the debt collector has been notified, and if they fail to voluntarily delete, then you might contact them regarding their failure to have sent required dunning notice within 5 days of their reporting of the collection, and notify them that you are cnsidering pursuing a formal complaint to the FCPB, but will forgo that matter if they agree to delete the paid collection.

[scorpio_queen02]

This is very helpful. Thank you very much. 

[scorpio_queen02]

Update-- I DVd the CA via fax and postal mail, but they still called me at least three times after that. After some logical thought, I figured a DV was not the best way to go about this so I disputed with TU, the only report it was showing up on, and IT WAS DELETED THE VERY NEXT DAY. So happy!

[usofascott]

Just to let everyone know, a collection agency collecting on a fine is not subject to the FDCPA.  The fine is not a debt as defined in FDCPA so they are free to do what they want and a DV has no effect on them.

[RobertEG]

In reading the FDCPA definition of debt, I wouls have to agree.....

[usofascott]

Graham v. ACS, 2006 WL 2911780, *2 (D. Minn. 2006) (unpaid parking tickets not “debts” under FDCPA); 

Betts v. Equifax Credit Info. Servs., Inc., 245 F.Supp. 2d 1130, 1133-34 (W.D. Wash. 2003) (towing and impoundment fees not a “debt” under FDCPA).

It is important to remember that if there is no "DEBT" as defined by the FDCPA there is no FDCPA protections like DV. 

[RobertEG]

For information, the FDCPA defines debt as follows:

"FDCPA 803(5)

The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment."

[scorpio_queen02]

Wait, what? If it is not technically considered a debt, how is it that it showed up on my credit report?

The collection account has been removed (after disputing with TU) and I have not heard from these people since, but do they still have any right to contact me again for this?

Or does this just mean they do not have to follow the rules. I dont get it. They are a collection agency. Are you saying that there are only certain types of debt that have to follow FDCPA and others do not?? 

[RobertEG]

Because information that can be included in a consumer's credit report is much broader than just debt.

It includes personal information that may be used in consideration of extension of credit or insurance, or for employment.

Records of arrest and convictions of crimes, as specifed in section 605(a), are notable examples.

Accruing a fine and not paying it can be considered as bearing on one's character, general reputation, personal characteristic, or mode of living

"FCRA 603(d) Consumer Report

(1) General.  The term "comsumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for

(A) credit or insureance to be used for personal, family, or household purposes;

(B) employment purposes; or

(C) any other purpose authorized under section 604."