Pre-Contract Written Statement (Ohio Revised Code Section )

Transcription

1 Pre-Contract Written Statement (Ohio Revised Code Section ) CREDIT SMART SOLUTIONS, LLC 6310 East Kemper Rd. - Suite Cincinnati, OH (513) Credit Smart Solutions, LLC is a credit services organization registered with the State of Ohio. Credit Smart Solutions, LLC will comply with all laws governing credit counseling and credit repair to help Buyer remove any negative information on Buyer's credit report that is erroneous, inaccurate and/or obsolete. Credit Smart Solutions, LLC will assist Buyer to improve Buyer's credit score. Credit Smart Solutions, LLC will provide Buyer with information on how to maintain a good credit report and score. A complete and detailed description of the services to be performed by Credit Smart Solutions, LLC and the total cost of the services is as follows: Credit Smart Solutions, LLC shall provide the following Credit Services to Buyer at the cost outlined in the Contract for Credit Services. The service that is provided includes a counseling session for personal credit, ordering credit reports, and drafting and mailing of the dispute letters. The fee for the Buyer is $ for a single person or $ for a married couple. Buyer shall also pay the costs for overnight mailings ($15.00 each mailing). Surety Bond and Your Rights as a Buyer: Credit Smart Solutions, LLC maintains a surety bond as required pursuant to Sections of the Ohio Revised Code with: GREAT AMERICAN INSURANCE COMPANY, 580 WALNUT STREET, CINCINNATI, OH The bond is in favor of any person, and of the state for the benefit of any person, that is injured by any violation of Sections to of the Ohio Revised Code. Non-Profit Credit Counseling Services. Many of the services and fees we outlined may be obtained by you working directly with the credit reporting agencies or through non-profit credit counseling services. Credit Reporting Practices Rights of Consumers Under Ohio and Federal Law Under the federal Fair Credit Reporting Act, you have all of the following legal rights: You have a right to obtain a copy of your credit report from a consumer reporting agency. You may be charged a reasonable fee. However, there is no fee if you have been turned down within the preceding sixty days for credit, employment, insurance, or a rental dwelling because of information in your credit report. The consumer reporting agency must provide someone to help you interpret the information in your credit file. You have the right to dispute inaccurate information by contacting the consumer reporting agency directly. However, neither you nor any credit services organization has the right to have accurate, current, and verifiable information removed from your consumer reporting agency report. The consumer reporting agency must remove accurate, negative information from your report only if it is more than seven years old. Bankruptcy information can be reported for ten years. Accurate information cannot be permanently removed from the files of a consumer reporting agency. Credit reporting agencies are required to follow reasonable procedures to ensure that creditors report information accurately. However, mistakes may occur. 1 of 10

2 You may, on your own, notify a consumer reporting agency in writing that you dispute the accuracy of information in your credit file. The consumer reporting agency then must reinvestigate and modify or remove inaccurate information. The consumer reporting agency must not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer reporting agency to keep in your file, explaining why you think the record is inaccurate. The consumer reporting agency must include your statement about disputed information in any reports it issues about you. Under Ohio law, you have a right to sue a credit services organization that violates the Ohio Credit Services Organization Act. This law prohibits deceptive practices by credit services organizations and gives you a right to cancel your contract for any reason within three business days from the date you signed it. I/We have received, read, and understand this Statement. Signature DATE Signature DATE Printed Name Printed Name Street Address: City, State, Zip: 2 of 10

3 CONTRACT FOR CREDIT SERVICES CREDIT SMART SOLUTIONS, LLC 6310 East Kemper Rd. - Suite Cincinnati, OH (513) This Contract For Credit Services is entered into this day of, year of, by and between Credit Smart Solutions, LLC, a limited liability company organized under the laws of the State of Ohio, having its principal office at 8373 Colerain Avenue, Suite A, Cincinnati, Ohio 45239, and the undersigned ("the Buyer"). ENGAGEMENT OF SERVICES. A. Credit Smart Solutions, LLC shall provide credit counseling and credit repair to help Buyer remove any negative information on Buyer's credit report that is erroneous, inaccurate and/or obsolete. Credit Smart Solutions, LLC shall evaluate credit reports, provide credit restoration and consulting services for the credit reports of Buyer to assist Buyer to improve Buyer's credit score. Services provided shall include, but not be limited to, preparation of correspondence to credit bureaus to request removal of errors, misrepresentations and/or unverifiable information which the Buyer claims appears on the credit reports. This is not a debt consolidation or bill payment program. Federal law requires that any unverifiable, outdated, or erroneous information must be removed. Credit Smart Solutions, LLC agrees to provide the services stated herein and shall not violate any federal or state laws. B. Credit Smart Solutions, LLC shall provide the following Credit Services to Buyer at the outlined cost below: The services that are provided are the following: a counseling session for personal credit, credit reports, and the drafting and mailing of the dispute letters. The fees for the Buyer are detailed below. Buyer shall also pay the costs for overnight and certified mailings. C. The Buyer understands that the fees are due upon the completion of the services outlined above in Section B. The estimated time for the performance of the services stated herein is no more than (60) days from the date of this Contract for Credit Services. The Buyer is also responsible for any charges incurred by Credit Smart Solutions, LLC due to nonsufficient funds. D. The Buyer agrees to sign a Limited Power of Attorney for the purposes of Credit Smart Solutions, LLC to obtain the Buyer's credit reports from all three major credit bureaus and dispute any inaccurate or unverifiable information on the Buyer's behalf. E. The Buyer's personal information is kept confidential. Credit Smart Solutions, LLC does not sell personal information; it is used for credit restoration purposes and is destroyed upon completion. ADDRESS OF CREDIT SERVICES ORGANIZATION: The principal place of business of Credit Smart Solutions, LLC is 6310 East Kemper Rd, Suite 200, Cincinnati, Ohio The name and address of the statutory agent for Credit Smart Solutions, LLC in the State of Ohio authorized to receive service of process is Melissa A. Marcin, Esq., Marcin & Marcin, 931 State Route 28, Suite 309, Milford, Ohio COMPLETE PERFORMANCE. With respect to the time period during which Credit Smart Solutions, LLC has been in business, the percentage of the organization's Buyers for whom the organization has fully and completely performed the services the organization has agreed to perform for the Buyer in 100% of the company's files. BUYER AGREES TO: 1. Buyer agrees NOT TO APPLY FOR CREDIT until the completion of this agreement. 2. Buyer is aware that all derogatory items after a specific period of time must automatically be removed. Bankruptcies: ten years from date. All others: seven years from the date of last activity. 3. Buyer is aware that there are, available to him/her, nonprofit credit counseling services, and to check local listings. 4. Buyer further agrees to provide the consultant with a copy of all correspondence received by the Buyer as a result of the consultant's efforts and/or processing. 5. Buyer is responsible for all debts owed to creditors. 3 of 10

4 SERVICES TO BE PERFORMED BY CREDIT SMART SOLUTIONS, LLC ("Consultant"): 1. Consultant will analyze and investigate Buyer's personal credit report. 2. Consultant will prepare all the necessary correspondence for clarification of certain derogatory information that may be contained in Buyer's credit report. 3. Buyer understands the Consultant is being paid to send letters to the credit bureaus on Buyers' behalf and payment is expected once this is finished. 4. Consultant, at its discretion, may keep for our records all correspondence and material used and produced by us. 5. Buyer agrees that this eight page document constitutes their entire agreement and understands that the consultant agrees to send out letters and faxes. 6. Consultant will send letters to the credit bureaus by utilizing methods in the FAIR CREDIT REPORTING ACT OF 1970, SECTION 168Li. However, the consultant does not promise any particular standard of improvement can be attained. This will remain in effect only if you abide by the following: Have no checks returned from your bank for any reason. Mail all disputation letters properly. Do not apply for credit while this agreement is in effect. LIMITED POWER OF ATTORNEY I/We do hereby grant a limited power of attorney to Credit Smart Solutions, LLC and any persons of their employ or designees for the express purpose of preparing and signing all documents written with the intent of challenging and/or verifying information contained in the files maintained by the following consumer credit reporting bureaus: Equifax, Experian and TransUnion. I/We have received and signed a copy of the Credit Reporting Practices Rights of Consumers Under Ohio and Federal Law. x x Buyer's Name (Please Print) Buyer's Signature Date x x Buyer's Name (Please Print) Buyer's Signature Date 4 of 10

5 Credit Bureau Order Form Experian Equifax Transunion In order to request these credit reports, we MUST have a copy of the following: Driver's License Social Security Card or tax document verifying SSN 2 ITEMS (current) with your NAME and CURRENT ADDRESS, i.e. utility bill, insurance card, bank statement, etc. Copy of voided check (if applicable) These items must be presented to your representative, mailed or faxed ASAP to: Credit Smart Solutions, LLC 6310 East Kemper Rd., Suite 200, Cincinnati, OH Phone: Fax: Until received, the process cannot move forward. After receiving your reports, we will dispute all items immediately. All results will be mailed directly to you in approximately 45 days. If you do not receive them, you must call the office at (513) x When you do receive the results, please forward them to this office. If everything isn't removed, we will continue to re-dispute any remaining adverse items. (THIS IS AN ONGOING PROCESS UNTIL COMPLETED). If you do not forward the NEW BUREAUS or contact us, we will assume that everything has been removed and that you were happy with the results. x Again, each time after we receive your bureau results, you should receive NEW BUREAUS again in approximately 45 days. x 5 of 10

6 CREDIT SMART SOLUTIONS, LLC Payment Options o I choose to make a down payment plus additional payments FEE SCHEDULE: TOTAL FEE IS $ FOR AN INDIVIDUAL PERSON OR $ FOR A COUPLE. THIS FEE IS PAYABLE WHEN THE FOLLOWING FUNCTIONS ARE TOTALLY COMPLETED: INDIVIDUAL: COUPLE: INITIAL CONSULTATION ACCOUNT SET-UP EVALUATION OF CREDIT REPORTS INITIAL PHONE CONSULTATION PREPARATION OF DISPUTE LETTERS CONTACTING THE 3 MAJOR CREDIT BUREAUS INITIAL CONSULTATION ACCOUNT SET-UP EVALUATION OF CREDIT REPORTS INITIAL PHONE CONSULTATION PREPARATION OF DISPUTE LETTERS CONTACTING THE 3 MAJOR CREDIT BUREAUS CHECK AUTHORIZATION: How I/We Will Pay **ATTACH A VOIDED CHECK AND FILL OUT ALL BANK INFORMATION BELOW** NAME ON CHECK BANK NAME ROUTING # ACCOUNT # I authorize Credit Smart Solutions, LLC to print a check on my bank account for the selected service in the amount shown. I understand that the check will show on my monthly statement as any other check. I also authorize Credit Smart Solutions, LLC to draft my account for a return check charge of $25.00 in the event any of my checks are returned. SIGNATURE DATE SIGNATURE DATE 6 of 10

7 BUYER ACCEPTANCE & ACKNOWLEDGEMENT OF CREDIT RESTORATION SERVICES For quality and legal purposes, it is necessary for Credit Smart Solutions, LLC to have each Buyer initial beside each of the below listed items to confirm that they received all of the following information. It is very important that our Buyers receive, read and understand all information provided to them by Credit Smart Solutions, LLC and its representatives. x Contract for Credit Services x Limited Power of Attorney x Privacy Disclosure Notice x Credit Reporting Practices Rights of Consumers under Ohio and Federal Law x Notice of Cancellation x I/We fully understand my/our responsibility in this program and acknowledge all my/our questions have been answered. I/We confirm the fact that I/we agree and understand what I am signing, and acknowledge that I have received a written statement. I/we understand that Credit Smart Solutions, LLC cannot guarantee the removal of any items or a particular change in Beacon/FICO/other credit score, due to the fact that some circumstances may be beyond our control. Credit Smart Solutions, LLC is not responsible for any contract between the creditors and the Buyers for uncollected debts. I/We confirm the fact that Credit Smart Solutions, LLC has advised me/us to continue to make all of my/our current monthly payments. I/We confirm the fact that this Contract has attached to it two easily detachable copies of a Notice of Cancellation. If you, the Buyer, have been denied credit within the last sixty days, you may obtain a free copy of the consumer credit report from the consumer reporting agency. You may also have the right to dispute inaccurate information in a report. You may cancel this contract at any time before midnight of the third business day after the date you signed it. See the attached notice of cancellation form for an explanation of this right. 7 of 10

8 I/We have received, read, and understand this Statement. Buyer's Signature DATE Buyer's Signature DATE Printed Name Social Security #: Date of Birth: Printed Name Street Address: City, State, Zip: Telephone Numbers: 8 of 10

9 NOTICE OF CANCELLATION You may cancel this contract, without any penalty or obligation, within three business days after the date the contract is signed. To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice, to: CREDIT SMART SOLUTIONS, LLC 6310 East Kemper Rd., Suite 200 Cincinnati, OH Fax (513) NOT LATER THAN MIDNIGHT. (Date) I HEREBY CANCEL THIS TRANSACTION. x x Buyer's Name (Please Print) Buyer's Signature Date 9 of 10

10 NOTICE OF CANCELLATION You may cancel this contract, without any penalty or obligation, within three business days after the date the contract is signed. To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice, to: CREDIT SMART SOLUTIONS, LLC 6310 East Kemper Rd., Suite 200 Cincinnati, OH Fax (513) NOT LATER THAN MIDNIGHT. (Date) I HEREBY CANCEL THIS TRANSACTION. x x Buyer's Name (Please Print) Buyer's Signature Date 10 of 10