The Letter Process
In order for American Credit Solutions to challenge the credit bureaus to remove inaccurate information from your credit report, our course of action is to start by sending them three rounds of letters. Secondly, if we do not receive a response after the third letter, we will proceed forward with a fourth letter advising of our intention to pursue litigation if the items are not promptly deleted. Lastly, we will point out in this letter that we have in our possession all three certified mail receipts, and in spite of three written requests the inaccurate items that were challenged still remain on the credit report. In the event that you choose to take the matter to court, we have the certified proof we sent the letters and they were received by Experian, Equifax and Transunion.
What happens if they don’t take off the Dispute?
If you choose to go forward you can go to Small Claims or Federal Court and seek damages.
Four types of damages you can be awarded
If you win a lawsuit, you may be entitled to a sum of money, known in the legal world as “damages.” Damages, in many cases, come in two major categories: punitive and compensatory damages. Punitive damages seek to punish the person for their wrongdoing. In contrast, Compensatory damages are intended simply to pay the person who was injured.
- Actual damages or Compensatory
- Statutory (if willful) you ask to delete but they didn’t
- Punitive (if willful) punish for their actions
- Attorney fees/cost you win they pay court cost
Secret Number 1
- The Credit Bureaus don’t want you to know when they reinsert a negative item on your credit report they have five business days to notify you in writing.
- Failure to notify you the Credit Bureaus will be liable under the FCRA Part (A) (5) (B) (ii).
- You can sue the Credit Bureaus and be compensated $1,000 for the Credit Bureaus violating the FCRA
Secret Number 2
- You (the consumer) are protected under the FCRA (Fair Credit Reporting Act).
- FCRA Section 611 Part (A)(1)
- You can be compensated $1,000.00 for the credit bureaus failing to do their job.
Secret Number 3
- The Credit Bureaus don’t want you to know if they refuse to correct information after being provided proof
- This is considered defamation of character and willful injury
- The FCRA Section 623 protects you (the consumer) on June 9,1997 Cushman Vs Transunion won in the Court of appeals
- To determine how much you can be compensated is deemed by the courts. The courts will evaluate the extent of the damages