Declaration In Support

Cal. Super. - 6th Dist.December 6, 2019

HUNT & HENRIQUES Michael S. Hunt ¹99804 Janalie Henriques ¹111589 ATTORNEYS AT LAW 151 Bernal Road, Ste ¹8 San Jose, CA 95119 Telephone (408) 362-2270 Facsimile (408) 362-2299 Attorneys for Plaintiff 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT, LIMITED 12 13 14 PORTFOLIO RECOVERY ASSOCIATES, LLC CASE NO: 19CV359761 Plaintiff, 15 16 17 18 19 20 21 22 vs. CARMINA RADCLIFFE Defendant / DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CIV. CODE SEC. 1788.60(b) 24 25 26 27 28 29 30 The declaration is attached hereto and hereby incorporated herein. DECLARA. ION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT 1350435.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/17/2020 11:55 AM Reviewed By: D Harris Case #19CV359761 Envelope: 4774476 19CV359761 Santa Clara - Civil D Harris PORTFOLIORECOVERY ASSOCIATES, LLC, Plaintiff, 5 vs. 6 CARMINA RADCLIFFE 7 Defendant(s). 8 I, the undersigned, declare as follows: DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CIVIL CODE l'I 1788.60(a) 1. I am an employee of Plaintiff Portfolio Recovery Associates, LLC, ("Plaintiff'. I am a competent person over eighteen years of age, and make the statements herein based upon my personal knowledge of those account records maintained on Plaintiffs behalf. Plaintiff is the I 3 current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, 14 title and interest to Defendant's SYNCHRONY BANK/JC PENNEY account number ending in 15 5204 (hereinafter "the Account"). I have access to and have reviewed the records pertaining to the Account and am authorized to make this affidavit on Plaintiff s behalf. 17 2. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account. As part of its operations, Plaintiff operates and maintains18 computer systems, into which Plaintiff integrates electronic records and information received 19 from the seller in response to the sale and assignment communications regarding the individual20 accounts. 21 3. I am familiar with the manner and method by which Plaintiff creates and maintains its 22 normal business books and records. The records are kept in the normal course of business. 23 Plaintiff maintains computerized account records, including the account information that was 24 provided to Plaintiff by SYNCHRONY BANK. The computerized account records include the 25 transfer balance and transfer date of the subject account. The records are kept in the ordinary 26 course of business by representative of Plaintiff who are charged with the duty to accurately 27 28 Declaration in Support of Application for Entry of Default Judgment (Civil Code II 1788.60(a)) v4 *1.001* record any business act, condition or event on the computer with ennies made at or near the time 2 of any such occurrence. 3 4. On or about 09/19/2017, PORTFOLIO RECOVERY ASSOCIATES, LLC became the 4 successor in interest to this Account. Plaintiff acquired and incorporated the attached account 5 records into its permanent business records as a result of Plaintiff's purchase of the Account. 6 These records are kept in the regular course ofbusiness on behalf of Plaintiff, and along with the 7 electronic records provided at purchase, are Plaintiff's primary source ofbusiness records for this 8 Account. 9 5. Federal law required the original creditor to send monthly statements to the Defendant at 10 the address at which the Defendant advised that he/she was residing at the time that he/she established the account, or to any subsequent address provided by the Defendant. 6. The accuracy of such records is relied upon by Plaintiff in purchasing and collecting this I 3 Account. These records are trustworthy and relied upon because the original creditor was 14 required to keep careful records of the Account at issue in this required by law and/or suffer business loss. 7. This Account was purchased on or after January 1, 2014 and, therefore, is subject to I 7 California Civil Code section 1 788.60. 8. In accordance with California Civil Code section 1788.58(a)(3-8), Plaintiffs records show 9 the foIlowing relevant information concerning the Account . a. Plaintiff is the sole owner of the Account 21 b. The Account was opened 07/08/2014 and charged off on 11/23/2016 with a balance of $6036.44. 22 c. Plaintiff's records show that the balance of $5999.44 remains due and owin as of23 7/3/2019. Plaintiff is not seeking to recover any post-charge off interest and/or fees that may have24 been imposed by the charge off creditor or subsequent purchasers of the debt and is seeking to25 recover only that portion of the charge off balance that remains due and owing as of 7/3/2019. 26 27 d. The last payment posted to the Account on 08/03/2016. 3 28 Declaration in Support of Application for Entry of Default Judgment (Civil Code II 1788.60(a)) v4 *1.001* e. The charge off creditor name and address at the time of charge off: 2 SYNCHRONY BANK, P.O. BOX 965033 ORLANDO, FL 328965033 3 f. The last four digits of the charge offAccount associated with the debt at time of charge 4 off was 5204. 5 g. Defendants name and last known address as it appeared in the charge off creditor's 6 records: 7 CARMINA RADCLIFFE, 3495 GOLF DR, SAN JOSE CA 95127-1162 8 h. The complete chain of title including SYNCHRONY BANK and all post charge off 9 purchasers of the debt are as follows: 10 1. SYNCHRONY BANK, P.O. BOX 965033 ORLANDO FL 328965033 11 2. PORTFOLIO RECOVERY ASSOCIATES, LLC, 120 Corporate Blvd., Norfolk, VA 12 23502 13 9. Plaintiff's records state that Plaintiff or its agents made demand for payment of the balance herein prior to making this affidavit and Defendant(s) failed to make full payment of the amount owed on the Account. 1 0 Attached hereto as Exhibits A, B, and C are the account records I reviewed in executing I 7 the affidavit that relate to the Account and/or payment(s) received. Exhibit A. Seller Data document and Chain of Title - establishing the facts required under Civil Code section 1788.58(a)(3), (4), (5), (7) and (8) xhi i Billin tatem includi b t li ited to th st M n I t t entE btB. g S ents, ng utno m e La o thy S a em Recordin a Purchase Transaction Last Pa ent or Balance Transfer - establishin the fact21 g ym g 22 required under Civil Code Section 1788.58(a)(5) Exhibit C. Final Billing Statement - establishing the facts required under Civil Code23 section 1788.58(a)(4) and (6) 24 25 11. The documents attached hereto are true and correct copies of the originals, being a 26 reproduction of the records on file on behalf of Plaintiff based upon my review, except to the 27 28 Declaration in Support of Application for Entry of Default Judgment (Civil Code tt 1788.60(a)) v4 *1.001* extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal laws. 3 12. If called upon to testify as a witness thereon, I could and would competently testify as to 4 all the facts stated herein. 6 I declare under penalty of perjury under the laws of the State of California that the foregoing is 7 true and correct. 10 SEP16 2019 DATED a TIillo an ot Records POR88CIO RECOVERY ASSOCIATES, LLC 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration in Support of Application for Entry of Default Judgment (Civil Code ) 1788.60(a)) V4 *1.001* =xaioi: AExhibit account number record tvoe seauence number Title customer tvoe name account address I account address 2 cttv countv state zlo code home ohone number work ohone number birth date emolovers name emolovers address loan tvoe code lendino ofticer code user field dos id aoencv attv code dealer code charoe off reason code account status interest rate source cade receiot date contract date charoe off date last oavment date charoe off amount associated costs accrued interest current balance net orincioal net associated costs net interest last comment line I last comment line 2 last comment line 3 last comment date second name I second name 2 monthlv income other income monthlv oavment other oblioations own rent code A 00 204 SAN JOSE CA 95127-1162 0000000000 000000000019~ CARD JCP002 0181 X09S SKIP SF2 0000 A 20161125 20140708 20161123 20160803 0000500000 000000000 000103644 0000603644 000500000 000000000 000103644 00000000 OOOOOOOOO 000000000 000000000 000000000 RADCLIFFE CARMINA 3495 GOLF DR recoverv score next oavment date last interest date last contact date commission rate homemhone flao work ohone flao address flao customer id filler aoencv code format code LPA FDOD LANG IND Former GE Account number Last Purchase Date MOBILE PHONE co name co account address 1 co account address 2 co cltv co countv co sfate co zlo code co home ohone number co work ohone number co birth date co emolovers name co emolovers address co customer id liable ATLAS ACCTNUM 000 00000000 00000000 20161119 0000 ~357 B 00000003463 20160526 EN 20160322 204 „jtIII synehrony BILL of SALK PRA O(09SI - PLCC 120 Dav MP - Sentember 2017 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the "Agreement"), dated as of this I ga day ofAugust 2017, by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding LLC. and Retail Finance Credit Services, LLC., ("Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on September l9, 2017, and as further described in the Agreement. Synchrony Bank Ken Wojcik ~ Title: SVP Collections k Recovery RFS Holding LLC Ken Wojcik U Title. Attorney In Fact Retail Finance Credit Services, LLC Title: Attorney ln Fact =xiivi: 3Exh bit B CARWNA RADCLIFFE lr apwY Bnm yw nay~ Cast S m tecgeshtf93 PO 8 W5008 thmwo FL 32ms-5«h means Bd P 7 h + Fees Charged ~ Inta est Charged Ne Balance cmdlh 6 A 4ndn fmmo cmnmhmce I sn A Mmt Cash slat mantel ~thb Mng Cyd $ 127 91 $5,862.91 55,«D.OO N $ 1,000.00 N 00I28I201 0 51 Nm mf Amount Past Due Total he pay~ 0 Ppmmp Dr Ss.esy ei 9709 17 W09 00 OWIBI201 3 Late paymenfw «g u d n«e«' To«I hlmlm p y~c by the p y tDlwlht lhuw m .l wl I 9 Ynthmf pl 9370« lmnimumPaym tWaming gye mm lye m p ~ chfumm,p «Yp y hl~ dn utah p ms«i p y Ifp I«hum F «pie 87 ms o V ep yog mwy 9 hd uP mmm hS all6 mm 4h Ihl mhwnm bwd d mnh wh I.. 7 say. b«n .. 0 lye Mm 10pms M 4,550 00 0 P I 07 blfh hf tk m ut cfeddcoubnshbg 5erutcm, mll I«77«ossyf0 Prmnous P«nl Balance Point Earned Th» Shh t. Purchases outside of JCPennsy a jcp corn P«nts mm Nsw poim swam« Paints N~d Im a CertEcate 0 0 579 421 Esm I rem«I point ror evew 91 spent everywhe netelCerd ' coupled other Ihlut JCPslmsy SI«88 Imdi p'e aacally recewe s $ 10 Jcp ~ bhswcerd wdscouelmtefclsuelt'1,000« d polhh 'mssm JCPemuty MWIHCem I de WRSIcsuh 'or alters pa«bases at Jcp ney stores or jcp.corn PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED 8 Y 5 PM. (ET) OR YOUR INSTORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE OUE DATE. NDTfcEY p y s tm yb ~thorn h« I mmu 8 mv I «a«le,sll~Right I hnmmn~«h alp«hm PLEIISE DETACH AND RETURN THIS EIUS WITH YOUR CHECK PAYASLE TO SYNCHRO N Y BANK. AccountE d 0' """5204 $7es 17 1 asnsrfofs I $500291 lllllllllllllllllllllllUIIIN8 CARMINA RADCUFFE 3495 GOLF DR SAN JOSE CA 95127.1M2 FILL IN TOTAL PAID $ New wmsm shim«t d 6 on the mm Sy mmhmmWCP P O. Sos 990090 FL 32893omc I4tr T Pow thd D t lkf enwN Mw Dos pb MT~ Other Transactions bank ow03 058!000K000XSaH10 ONLINE PYMT THANK YOU ALPHAREITA GA FEES LATE FEE TOTAL FEES FOR THIS PERIOD t$3S 83) INIERESTCHARGED 08120 00128 INTEREST CHARGE ON PURCHASES 0$20 OW28 MTEREST CHARGE ON CASH ADVANCE8 TOTAL INTEREST FOR THIS PERIOD Sl 27 91 80 00 3127.91 Tekl F CMWW I 2018 T bdlWMMChwrWI 2010 TekIIM eslPM 201S $175.00 G62.8s Sstwoa Y Annual percentage RM LAPRI th I tnt w t 7 A al Ikt P WW SWtew T t lode I kww Rew chwow NA NA 85,579.05 80 00 $127.91 W 00 7 I wondrb wrwhom kw ksta~thd~.lhl Math nwld I nd Mwwesn 7 Mwhdkwtoo wdywlhswte d~rwwwtt 1~k~~ Thew I 0 3 I Tb Your twnbe 0 ww wwlw s 7 rs 3 t 3 D25433 HER 1 7 23 16082E EXPAGESDE3 1246 0 00 C602 01615433 :X'll 3I . ~Exhibit C CARMINA RAOCLIFFE View a Pay Your Bin at jcpenneymastwcanl.corn Customer Sewice I JKS53IN57193 PO Box 985009 Orlando FL 328ae-SOOa Pnwlous Balance + Fess Ch8fg8d Interest Charged New Balance Cmdn Umk Avaftable Credit Cash Advamm Limit Avmlable Cash Slatemmit Closliig Dst8 Days in Billmg Cycle $5,827 12 $37.00 $135.32 $5,999.44 $5,000.00 $ 1,000.00 None Ici26I201 8 31 New Belarms Amount Psst Due Tolsf Sbnimum Payment Due Payment Due Dale $5JKN.44 $1,21 1.00 $1,444.00 11/18i2018 Late Payment Warning If we do not receive your Total Minimum Payment Due by the Payment Due Date listed abave, YCU frilly hev8 to pay a late feii Up lo $37.00. Minimum PByment Werrllng. Ii you make only Ihe minimum paymenl each period, you will pay more in interest and il wgl lake you longer to pay oN your balance. Far example: If you make no sddillonsl chsiges iwilig this caid slid sech irioillll you psy-- Only the Mmimum paymsiit YCU wlN psy oN ths satanas abcwri oii this slslsrawit si about ... And yau will end Up pllymg Sli biiittad total of . $14,630.00 If you would ske inkmnalion about credit counseling SCniIC85. 080 I-STIM2-8775. Previous Point Balance Points Earned This Ststsmenl Purchases outside of JCPenney 2, jcp.corn Points Redeemed New Point Balance Points Needed tor a Cerllhcals 579 0 0 579 421 'sm I rewards pent for every $ 1 spent evetywhere MsstsrCard is accepted other then JCPenney Stores end jcp.corn 'utomatically receive 8 310 JCPenney MaslerCerd mirards certilicate kn every 1,000 rewards points 'edeem JCPenney MasterCard rewards ceriilicates or Mure purchases el JCPenney Stores sr lcp.corn PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P M. LETj OR YOUR INSTORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE. NOTICE'our payment msy be convwted mto en slsclromc demi. See reverse for detwls, iblling Rights Information and other Important informaeon. PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO SYNCHRONY BANK. Account Ending: "" "" "" 5204 CARMINA RADCLIFFE 3495 GOLF DR SAN JOSE CA 951 27-1162 $1.44400 I $1.211.00 I 11/lsi2016 I $599944 FILL IN TOTAL PAID $ New wldrexs or emally Print changes on the back. Synchrony BmmrJCP P.O. Box 980090 Orlando FL 3289M090 5633 1 3 23 16102E Exvxca 1 f 5 1266 0200 0602 01015633 Tron Post Date Dale Reference Number lbr18 10/18 IOI28 10/28 IOI25 IOI28 Ooscnpbrm of Transscgan or Grads FEES LATE FEE TOTAL FEES FOR THIS PERIOD INTEREST CHARGED INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON CASH ADVANCES TOTAL INTEREST FOR THIS PERIOD $37.00 $37 00 $135.32 3000 $1 35.32 Total Fees Charged In 201 8 Total Interest charged in 201e Total Interest Paid ln 2018 $240 00 $1,215.37 $504.38 norm Your Annual percentage Rate (ApR) is ms annual interest rata on your acceunt. Expiration Dele Annual Percenmge Rale Sslanos Subiscf Tn Interest Rate Irltelsst Charged $135.32 $0.00 5433 X0a 3 7 23 161026 carson 2 4 5 1246 0200 C602 7 5433 5433 545 1 7 23 161026 3 6 5 1246 0200 602 o1 6433H8}! EXPAGESOE 6 0 615 5433 500 I I 3 161025 050504 15 I 46 0 00 000" 01015433HSH 7 2 6 EXPAGE 4 Of 5 12 2 (2602 G 5433 8 1 7 23 16102 PAGE 5 2 5 1240 0200 0402 01015433S HBH 6 EX ESOE 6 €6 6