Well, I sent off for validation for a CA that was from college 1996. They sent me back a generic printout of dates for these tickets. I really don't think that this is owed. I sent them the standard validation letter. Should I just ignore them and then send the estoppel letter in 30 days since I have them on 1 violation? Are they required to give me different proof since it is for campus parking tickets? I know from what I have read that even for parking tickets, some little printout from their computer isn't enough. I really need some imput because I am finally taking my steps forward to correcting my husband's credit!!! Thanks
Milkmom, A parking ticket is a fine and doesn't meet the definition of consumer debt as defined by the FDCPA. They don't have to provide validation. It stinks but you can still get them deleted with some effort. I had the same problem with a CA, they wouldn't budge, the only way I was able to have them removed is through constant and unrelenting harassment of the parking enforcement agency, our mayor's office and government officials. If the tickets are beyond the SOL you can have alot of fun getting them removed. Find someone at the agency and then call, write, and fax until they get tired of dealing with you. Think of the dumbest questions that will require that person to do alot of research and send only one question at a time. If they begin to ignore you find out who their supervisor is and start over with them. After about a month of nonstop calls and faxes I recieved a letter saying they would delete.
So you recommend that I deal directly with the city on this issue? Also, should I ask them directly about the SOL on these tickets or is there a specific office I should research to find this information? I don't want them to see all of my cards just yet. Since I work at home, I can spend alot of time calling and faxing each day. The city sold these tickets to a CA so hopefully when I pay these tickets, I can just send a letter stating that the debt has been paid with the original creditor and that's that. What was the SOL in your situation if you don't mind me asking? These tickets are for IL. Thanks again.
Yes, deal with the agency that issued the parking tickets. In my state the parking tickets were issued by a private contractor the city had contracted with. But even if the city does the enforcement themselves you can use their bureacracy against them. I would look up the SOL for fines in our state ours is 3 years. Don't even bother dealing with the CA on this most of these collectors love to argue and will welcome a chance to argue with you. If the SOL is up you just need to harass the enforcement agency and any agency that oversees them. Remember, you want to make them realize that you are not going away and create enough work for them to make them see that it isn't worth the effort for them to do all this work when you are no longer required to pay the fines. The first thing they will do is ignore you, find one person to deal with, when they do ignore you go to their supervisor and raise holy H@!!, and keep going up the ladder until they think your a nut and delete. It took me a full month of constant calls, faxes, letters and emails they ignored me at first but by the end of the month they thought I was a lunatic and sent me a letter saying they would delete and apologized for the inconvience. I had a ball.
Ok, I called the city and they said that the SOL is 5 years. They won't talk to me and hurried to get me off the phone. I have called lawyers, the state capitol and no one seems to know what the SOL is for 10 or fewer tickets or where to look for that info. I have called all over the state and no one knows anything about this so I am guessing that it is a general SOL that applies. With that said, I need to draft and "attack" letter to get this stuff off of my husband's report. I don't want to deal with the CA at all. Do you have any suggestions on what to put in my letter to send and fax to parking to city of champaign? Off of the top of my head, I will say that "since it is past the statue of limitations for these tickets, I want this taken off of my credit report." i expect one heck of a fight because since I can't find anything that refers to the SOL, I may be up a creak. Thank you again.
Check the statutes for vehicles or moving violations for your county. They should list the SOL there. If you can't find any info, request a copy of the rules and regulations from the agency that enforces the parking tickets. Tell them you are a student doing research or something. As far as your letter, did the enforcement agency ever send you notices in the mail? if not you could tell them that you only found out about this after a review of your husbands credit report. Tell them that since you never recieved notification you were never able to contest the tickets and too much time has passed for you to gather info to prove your case. If you did recieve notice in the mail was it sent certified? Demand copies of the original tickets, the officer's name who issued the tickets and an accounting of how and when they attempted to contact you. Call them every day and check the status of your request. If they tell you that you must deal with the CA explain that the CA refuses to provide the info and ignore any attempt for them to pass the buck back to the CA.
Ha Ha, Susitna. I am dealing with the same schmucks. So you did have luck? Whats the SOl here? Which are we talking about. Dimond or A.P.A.?
Hermit, APA, email me and I will give you some names of people to complain too. The SOL in Alaska is three years. At first it was a pain in the rear but within a month I got full deletions. I had a really good time making them chase their tails by the end I almost had a full box of documents from them, they finally got tired and gave in.
This is really good info. I know for a fact that they didn't send the information to me certified. So, since I had sent a validation to the CA and they sent me some generic printout of these tickets, should I just send an amended validation to them requesting this new information while pestering the city about this stuff? The CA has it listed on the credit and the city is being really stubborn about this. I did call them and no one at the county or anywhere knew the information I was looking for or where to find it. I don't want to let the CA off the hook because they didn't even fill out the validation they way they were supposed to. I have them in 2 violations; one for not listing the account as in dispute and the other for sending me inadequate validation information. Of course their time isn't up but I know that they think that little prinout is all is required. Do you think I will be just as successful attacking the CA with this method since they are the ones listing it on my credit report? Thanks again, susitna, for sharing your knowledge.
The CA doesn't have to provide validation of the account, the ticket is a fine and doesn't meet the definition of the FDCPA for consumer debt. They still must list it as disputed to comply with the FCRA but I don't know if that would be considered a serious violation or not. There are alot of people on this board with alot more knowledge and experiance that may be able to answer the dispute question. As far as the city not being helpful remember, they are bureacrats; they will get paid whether or not they help you. If they tell you there is nothing you can do and you go away it makes their job that much easier. You can't take no for an answer, if you talk to someone and they won't help go over their head. Eventually they will take you serious and start responding. When they do, keep up the pressure, create as much work for them as possible and just keep at it. When they answer one question ask another and start all over again. They will get tired of you and realize they aren't getting anything in return and they will delete. If you want to see a great example of persistance paying off go to www. creditaccuracy.com. The Equifax email thread is the best example I have ever seen for being persistant.
I forgot about the CA, in my case I left the CA out of the loop. collectors are not only extemely ignorant, they love to argue and you will get nowhere with them. You might be able to sucker them about the validation issue and if they are like 99% of the CA's they won't know the FDCPA enough to realize they don't have to provide you anything. As far as my knowledge (or lack of ) everthing I have learned has been from this board and doing research on findlaw.com. and other legal sites There is so much info on this board and in the heads of the people who post here it's incredible. I really am not an expert in any way, this one particular issue is just something I know from personal experiance.
One again, thanks for your expertise. I am going to pester the heck out of the city until they give me what I want.