Complaint Limited Filed by Assignee 5K

Cal. Super. - 6th Dist.March 5, 2020

E-FILED 3/5/2020 9:33 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV364749 Reviewed By: Y. Chavez 20CV364749 Shana J. Metzger 292368 1 JACK H. POGOSIAN, State Bar No.: 305741 MANASI TAHILIANI, State Bar No.: 272821 2 CHRISTINA ARNOLD, State Bar No.: 297590 HYO JIN JULIA JUNG, State Bar No.: 3 16090 3 MELINE GRIGORYAN, State Bar No.: 321 133 4 CAROLINA PINHEIRO, State Bar No.: 259875 350 CAMINO DE LA REINA, SUITE 100 5 SAN DIEGO, CA 92108 Telephone: (866) 300-8750 6 Facsimile: (858) 309-1588 7 Attorneys for Plaintiff 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SANTA CLARA 1 0 DOWNTOWN SUPERIOR COURT MIDLAND FUNDING LLC Case No. l 1 1 2 Plaintiff, COMPLAINT FOR: 13 vs. (1) Account Stated 14 DEREK SAUCEDO; PRAYER AMT: $2,063.28 and DOES 1 through 10, inclusive LIMITED 15 Defendant. 16 17 MIDLAND FUNDING LLC, ("Plaintif "), by counsel, sues DEREK SAUCEDO, (“Defendant”) under 18 Account Stated and in support thereof states: 1. Plaintiff is authorized t0 d0 business in CALIFORNIA, with its principal place 0f 19 business at 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff 20 owns ponfolios 0f consumer receivables, which it attempts t0 collect. Plaintiff strives t0 21 treat its consumers, such as Defendant, with respect, compassion and integrity, hoping to 22 provide mutually-beneficial opportunities for consumers t0 repay their debts and attain 23 financial recovery. 24 2. Defendant is a resident of SANTA CLARA County, State of California and is subject t0 25 this Court’s jurisdiction. I 3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious 26 names DOES 1 through 10. Plaintiff will ask leave of court t0 amend this complaint as 27 and when the true names and capacities 0f Defendants named herein as DOES 1 through 28 10 have been ascertained. Pursuant to California Civil Code (“CA CIVIL”) §1788.58(a)(1)-(9), Plaintiff alleges: 4. Plaintiff is a debt buyer as defined by CA CIVIL §1788.50(a). l CA70132G File No.: 19-186462 COMPLAINT #L'J OOONO‘m 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12 13. Defendant established a credit account (the “Account”) with SYNCHRONY BANK. The amount due is the result 0f transactions that occurred on the Account. Defendant was pr0vided statements evidencing Defendant’s use 0f the Account and the balance due. Defendant failed t0 make the required payments and subsequently defaulted 0n the Account 0n May 02, 2017. Thereafter, Plaintiff was assigned all rights, title, and interest in the Account. Plaintiff is the sole owner of the debt. Attached as Exhibit A is a true and correct copy 0f the Bill 0f Sale from SYNCHRONY BANK, t0 Plaintiff. The Account was purchased by Plaintiff 0n November 28, 2017. The Account balance at the time 0f Charge-off was $2,101.28. Plaintiff alleges that the date 0f default is May 02, 2017 and the date of the last payment was March 10, 2017 which was made t0 SYNCHRONY BANK. The name 0f the charge-off creditor at the time 0f charge-off is SYNCHRONY BANK. The address utilized by SYNCHRONY BANK at the time 0f charge-off was P.O. BOX 965033 ORLANDO,FL 32896. At the time 0f charge off, the account number associated with the debt was XXXXXXXX-XX-7103. The name 0f the debtor as it appeared in the records of SYNCHRONY BANK is DEREK SAUCEDO and the last known address as it appeared in the records 0f SYNCHRONY BANK is 3724 PASADENA AVE APT 4 LOS ANGELES CA 90031. The name and address of all post charge-off purchasers 0f the debt are as follows: Name Address MIDLAND FUNDING LLC 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108 Plaintiff has complied with the provisions 0f CA CIVIL §1788.52. Plaintiff informed Defendant 0f the assignment 0f the Account. Attached as Exhibit B is a true and correct copy 0f the first written communication sent t0 Defendant by Plaintiff. Pursuant t0 CA CIVIL §1788.58(b), attached as Exhibit C is a true and correct copy 0f a monthly statement recording a purchase transaction, payment, 0r balance transfer while the Account was active as required by CA CIVIL §1788.52(b). Attached as Exhibit D is a true and correct copy of a billing statement that was mailed t0 Defendant stating the balance due 0n the Account at 0r around the time 0f charge-off. 2 CA_0]32G File N0.: 19-186462 COMPLAINT #WN OOOQGU‘I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. 20. 21. 22. Plaintiff acquired all right, title, and interest t0 the Account. T0 the extent that Plaintiff acts in its capacity as successor-in-interest t0 the original creditor 0r its assigns, references herein to Plaintiff may include Plaintiff’s predecessor-in-interest. Plaintiff has attempted t0 contact Defendant through several means in an effort t0 resolve the Account, but has been unsuccessful. Defendant has not repaid this debt. Plaintiff works with consumers like Defendant t0 find mutually acceptable solutions, 0ft6n offering discounts, hardship plans, and a variety 0f payment options. The majority of Plaintiff‘s consumers ignore calls or letters, and some simply refuse t0 repay their obligations. When this happens, Plaintiff must decide whether t0 pursue collection through legal channels, including litigation such as the present action against Defendant. Nonetheless, Plaintiff remains interested in discovering a mutually beneficial solution through voluntary payments, if possible, in this case. Before commencement 0f this action, Plaintiff informed Defendant in writing, attached as Exhibit E, that it intended t0 file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code of Civil Procedure § 1033(b)(2). FIRST CAUSE OF ACTION ACCOUNT STATED Plaintiff realleges and incorporates by reference the foregoing paragraphs. An account was stated in writing between Defendant and SYNCHRONY BANK. Defendant opened and derived benefit from the Account. By using the Account, Defendant expressly 0r impliedly promised t0 repay SYNCHRONY BANK. The consumer has made a payment 0n the Account within the last f0ur(4) years. On the Account, a balance 0f $2,101.28 was stated to be due t0 SYNCHRONY BANK from Defendant. Plaintiff has no record 0f Defendant objecting t0 the balance due. Before the commencement 0f this action, Plaintiff was assigned the Account and indebtedness. Plaintiff is now the sole owner 0f the Account. Plaintiff has made a demand 0n Defendant for repayment of the Account, but Defendant has failed t0 pay the balance due. The current balance presently due and owing is $2,063.28 which includes payments, set- offs, credits 0r allowances, if any, at 0r after Charge-off. 3 CA_0132G File N0.: 19-186462 COMPLAINT 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff requests judgment against Defendant for $2,063.28, costs 0f this action and post judgment interest at the statutory rate. Plaintiff waives any claim for pre- judgment interest and attorney's fees. Dated: MIDLAND FUNDING LLC FEB Z 8 2020 By IE] JACK H. POGOSIAN D MANASI TAHILIANI [j HYO JIN JULIA JUNG D MELINE GRIGORYAN D CHRISTINA ARNOLD D CAROLINA PINHEIRO Shana J. Metzger 292368 4 COMPLAINT CA7()13ZG File N0: 19-186462 EXHIBIT A AA_0125 File No: 19486462 synchrony BANK BILL ofSALE 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 the 4‘“ day of August. 2017 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively “Seller”) and Midland Funding 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, the Accounts as set forth in the Notification Files, delivered by Seller to Buyer on November 21, 2017, and as further described in the Agreement. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized in the Notification Files, the Seller represents and warrants to Buyer that (i) the Account information constitutes the Seller’s own business records and accurately reflects in all material respects the information in the Seller’s database; (ii) the Account information was kept in the regular course of business; (iii) the Account information was made at or near the time by, or fi'om information transmitted by, a_person with knowledge of the data entered into and maintained in the Account’s database; and (iv) it is the regular practice of the Seller’s business to maintain and compile such data. Synchrony Bank Retail Finance Credit Services. LLC . a , - -k ‘ By; é!» “Wily By:Mwmsh Ken Wojcik l1 Ken Wojc‘k Title: SVP Collections & RecOVery Title Attorney In Fact RFS Holding, LLC Midlani' g LLC Ken WOJ'CE ”Nanaim- Tltle. Attorney In Fact Title. X/Ld. ImfidlvM-[MW Purchase Price Reconciliation/F‘unding Instructions November 21, 2017 To: Midland This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 4th day 0f August, 2017 ( “Effective Date”), by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holdi: L.L.C._; and Retail Finance Credit, Sewices, LLC (collectively, “Seller”) and Midland Funding LLC (“Buyer with reference to the following facts and Circumstances: Portfolio RMS NG Agcy_Atty Code MDFS Total Number of Accounts Outstanding Balances on Transfer Date C: Cut-Off Date November 21, 2017 Transfer Date November 2 1, 20 l 7 Purchase Price Factor Purchase Price E' 0% Holdout Amount 0f Wire transfer Date of Funding: November 28, 2017 Bank: ABA N0. J Account No: AccountHolder: L " i ‘ QT 4 I Lemon: E AFFIDAVIT OF SALE 0F ACCOUNT BY ORIGINAL CREDITOR State of Florida County 0f Seminole Paola N. Medina being duly sworn, deposes and says: I am over 18 and not a party 0f this action. I am a Media Representative 0f Synchrony Bank formerly known as GE Capital Retail Bank. In that position, I have access to creditor’s books and records, and am aware 0f thc process of the sale and assignment 0f electronically stored business records. On 0r about 11/21/2017 Synchrony Bank formerly known as GE Capital Retail Bank sold a p001 of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill 0f Sale t0 Midland Funding LLC. As part 0f the sale 0f the Accounts, electronic records and 0thcr records were transferred 0n individual Accounts 10 the debt buyer. These records were kept in the ordinary course ofbusiness 0f Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process t0 detect and correct errors 0n these accounts. The above statements are true to the best 0f my knowledge. Signed this 7th day of December, 2017 Paola N. Medina Signed and sworn t0 before me this 7th day of December, 2017 (Notary Stamp) NY AOS 1.3 211/2017 - St. Paul CERTIFICATE 0F CONFORMITY UNDER NYS CLS CPLR S. 2309“,) AND NYS CLS RPL 8 299-3 The undersigned (10$ hereby certify that he/she is an attomey-at-law duly admitted to practice in the State 0f Florida and residing in the State of Florida; that she is a person duly qualified to make this certificate 0f conformity pursuant to Section 299-a ofthe Real Property Law of the State of New York; that she is fully acquainted with the laws 0f the State of Florida pertaining t0 the acknowledgnent or proof of affidavits; that the acknowledgement or proofupon the foregoing Affidavit of Ashlie Garcia was taken by Paola N. Medina, a notary public in the State of Florida, in the manner prescribed by the laws 0f the State of Florida, being the state in Which the Affidavit was taken; and, based on her review thereof, that the notan'zed Affidavit conforms t0 the laws of the State 0f Florida in all respects. Witness my signature this 7th day of December, 2017 QM JemufbflNelson Attorney-at-law, State of Florida. AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State 0f Florida County of Seminole Paola N. Medina being duly sworn, deposcs and says: I am over 18 and not a party 0f this action. I am a Media Representative 0f Synchrony Bank formerly known as GE Capital Retail Bank. In that position, I have access t0 creditor’s books and records, and am aware 0f thc process 0f thc sale and assignment 0f electronically stored business records. On 0r about 11/21/2017 Synchrony Bank formerly known as GE Capital Retail Bank sold a p001 0f charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill 0f Sale t0 Midland Funding LLC. As part 0f the sale 0f the Accounts, electronic records and other records were transferred on individual ACCOums to the debt buyer. These records were kept in the ordinary course ofbusiness of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors 0n these accounts. The above statements are true t0 the best 0f my knowledge. Signed this 7th day 0f December, 2017 ( gwa/UMM Paola N. Medina Signed and sworn t0 before me this 7th day 0f December, 2017 h‘ (Notary Stamp) r. I u\“\l ”I, -' r, 7 5‘39“” r" StareAjlf-jlulg GARCIA . cram r r ,2: a ‘95:: CNO’mrmssioD 9 60635;; Public llnul“\\‘ V Commission E 14412 ' Auausrm, 20;?”95 8H~Zz NY AOS 1.3 2/1/2017 - St. Paul CERTIFICATE 0F CONFORMITY UNDER NYS CLS CPLRH§ 2309(c) AND NYS CLS RPL 8 299-3 The undersigned does hereby certify that he/she is an attorney-at-law duly admitted t0 practice in the State of Florida and residing in the State of Florida; that she is a person duly qualified to make this certificate ofconformity pursuant to Section 299‘a of the Real Property Law of the State of‘New York; that she is fully acquainted with the laws of the State of Florida pertaining to the acknowledgment or proof of affidavits; that the acknowledgement or proofupon the foregoing Affidavit of Ashlie Garcia was taken by Paola N. Medina, a notary public in the State of Florida, in the manner prescribed by the laws 0f the State 0f Florida, being the state in which the Affidavit was taken; and, based 0n her review thereof, that the notarized Affidavit conforms to the laws of the State of Florida in all respects. Witness my signature this 7th day of December, 2017 QM JemmbvNelson Attorney-at--law, State 0f Florida. Field Field Data Account_Number -7103 First_and_Middle_Nam’e‘ DEREK LaSt_Nam'e SAUCEDO SSN *****2148 Birth_Date Account_Address_1 3724 PASADENA AVEAPT 4 City LOS ANGELES State CA Zip_Code 90031-3480 Home‘Phone_Number -- Work_Phone_Number -- Contract_Date 20170127 Last_Payment_Date 20170310 Last_Pay_Amount 105 Last_Purchase_Dat_e 20170131 ChargeOff_Date 20171031 Cur‘rent_Balance 2101.28 Data printed from eléCtronic records provided .by SYNCHRONY BANK pursuant to the Bill of‘Sale / Assignment of Accounts transferred on or about 11/28/2017 in connection with the sale of accounts from SYNCHRONY BANK to Midland Funding, LLC. EXHIBIT B AA_0126 File N0; 19-186462 0101322000204 12-01-2017 Derek Saucedo 3724 Pasadena Ave Apt 4 Los Angeles, CA 900313480 e/cflme Your aLcount has a new home -mc Midland CreditManagement. Inc. Ifi Midland Credit Management, Inc, P.O. Box 13105 Roanoke, VA’ 24031-3195 Account Transfer Details Synchrony BankOriginal Creditor Original Account Number -7103 P6134 005 I "g.“ Current Servicer Midland Credit Management, Inc.E MCM Account Number 3573443113 Current Owner I Midland Funding LLC Current Balance $2,101.28 V "I'I'I'IIIII'IIIIIIIII'ImIII'III'-llullllIII'I'IIII'l-HI'I-| w Accnt ata lance Current Balance $2,101.28 Flexible Payment Options Available Receive Personalized Service Reply by 01-15-2018 Call [866) 361-0420 Mon-Fri: llam-7:30pm ET,- midlandcreditonline.com Warren, Ml 48090-20 Flexible Payment Options Available (866) 361-0420 RE Synchrony Bank Care Credit Dear Derek, Welcome! On 11-28-2017, your Synchrony Bank/Care Credit account was sold to Midland Funding LLC, which is now the sole owner of this debt. Midland Credit Management, Inc. (”MCM"), a debt collection company, will be collecting on, and servicing your account, on behalf of Midland Funding LLC. To welcome you to MCM, we‘d like to offer you an opportunity to discuss flexible payment options to resolve this account. MCM is a different kind of debt collector. Here is what to expect: -~ A dedicated Account Manager will be assigned to your account - We will reach out to you by phone and mail over the months to come. - Useful tools and resources online at midlandcreditonline.com ml er stam- MCM, a partner you can trust. We value your experience and understand that managing debt can be a difficult process! That is why we set standards for how you are to be treated while working with us. Visit www.midlandcreditonline.com to learn about our Consumer Bill of Rights or call (866) 361-0420 to experience the difference for yourself. Sincerely, Nick Sondi, Assistant Vice President P.S. Any discounts or repayment options do not alter your validation rights as described on the reverse side. We are not obligated to renew any offers provided. Midland Credit Management, Inc P.O. Box 2000 Warren, Ml 48090-2000 Manage Your Account Online midlandcreditonline.com Make checks eayable to: Midland Credit Management Enter your MCM Account # on all payments ,i856)":351,0420 _. _ - .. ’ se hébla espanol (855) 983-6352 Important Disclosure Information: l Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Synchrony BankOriginal Creditor tmtm" Current Creditor Original Account Number -7103 Current Servicer Charge-Off Date Phy‘ sital Payments for Coloradb Residents: f-Send Payments to: ‘ TMidland Credit Management, Inc P.o. Box 2000 - Warreh, Ml 48090-2000 San Diego, CA 92108 >as‘ fUII Satisfaction of a debtto: - ' ' Attn: Consumer SUpport Services 2365 Northside Drive Suite 300 you may also can (366) 361-0420 80 Garden Ceriterl _ ’ ”Suite 3 ' I ' r ' quomfieid, CO 80020 Phone (303) 920-4763 The records associated with the Synchrony Bank account purchased by Midland Funding LLC, reflect that you are obligated on this account, which i5 in default. As the owner of this account, but subject to the rights described below, Midland Funding LLC is entitled to payment of this account. All communication regarding this account should be addressed to MCM and not the previous Owner. Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity of the debt, or any portion thereof, MCM will assume this debt to be valid. If you notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed, MCM will obtain verification of the debt or a copy of a judgment (if there is a judgment) and MCM will mail you a copy of such verification or judgment. If you request, in writing, within thirty (30) days after receiving this notice, MCM will provide you with the name and address of the original creditor. If an attorney represents you with regard to this debt, please refer this letter to your attorney. Likewise, if you are involved in an active bankruptcy case, or if this debt has been discharged in a bankruptcy case, please refer this letter to your bankruptcy attorney so that we may be notified. Please remember, even ifyou make a payment within thirty (30) clays after receiving this notice, you still have the remainder of the thirty (30) days to exercise the rights described above. If your payment method is a credit or debit card, it may be processed through our international card processor. Although our policy is to not charge consumers fees based upon their payment method, your card issuer may elect to do so due to the location of the card processor. If an international transaction fee has been charged by your card issuer, that fee is eligible for reimbursement. You may contact your Account Manager to modify your payment method to avoid these charges in the future and for information to initiate your reimbursement. You are hereby notified that a negative report on your credit record may be submitted to a credit reporting agency if you fail to meet the terms of your credit obligations. We are required under state law to notify consumers of the following additional rights. This list does not contain a complete list ofthe rights consumers have under applicable law: IF YOU LIVE IN CALIFORNIA, THIS APPLIES T0 YOU: PLEASE SEE INSERT FOR IMPORTANT DISCLOSURE INFORMATION. IF YOU LIVE IN COLORADO, THIS APPLIES T0 YOU: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COAG.GOV/CAR. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. IF YOU LIVE IN MASSACHUSETTS, THIS APPLIES TO YOU: NOTICE OF IMPORTANT RIGHTS: You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten (10) days unless you provide written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate this request by writing to MCM‘ IF YOU LIVE IN MINNESOTA, THIS APPLIES TO YOU: This collection agency is licensed by the Minnesota Department of Commerce. IF YOU LIVE IN NEW YORK CITY, THIS APPLIES T0 YOU: New York City Department of Consumer Affairs License Number 1140603, 1207829, 1207820, 1227728, 2022587, 2023151, 2023152, 2027429, 2027430, 2027431 IF YOU LIVE IN NORTH CAROLINA, THIS APPLIES T0 YOU: North Carotina Department of Insurance Permit #101659, #4182, #4250, and #3777, #111895, and #112039. Midland Credit Management, Inc. 2365 Northside Drive, Suite 300, San Diego, CA 92108 IF YOU LIVE IN TENNESSEE, THIS APPLIES TO YOU: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. VALA EXHIBIT C AA_0127 FilerNo; 19- 1786462 CARECREDlT/SYNCHRONY BANK CardholderName: DEREK SAUCEDO Account Number : 71 Statement Closing Date: 04/02/201 7 Paymentlnformatlon $152353 New Balance $1,520.58Previous Balance + New purchases $0.00 Total Minimum Payment Due $50.00 . Paymen‘s $210_00 Payment Due Date 04/25/2017 H: Credits, Fees a Adjustments (net) 3107-00 pAvMENT DUE BY 5 PEM. EASTERN 0N THE DUE DATE. +/- Interest Charge (net) $000 We may convert your payment into an electronic debit. See New Balance $1 520.58 reverse side. Credit Limit $200000 Avai|ab|e Credit $479.00 Late Payment Warning: If we do not receive your Total . . . . Minimum Payment Due by the Payment Due Date listed above,BDays m mmg Penad 31 you may have to pay a late fee up to $37.00. Pay online for free at: mysynchrony.com Minimum Payment Warnlng: Making only the Total Minimum For Synchrony Bank customer service or to report your Payment Due will increase the amount of interest you pay and card lost or stolen, call (1 -866-893-7864). the time it takes to repay your balance. For example: Best umes to can are Wednesday - Friday. ?"vl’fr yggv-mWiégh'o: a ‘ j 'Afiéfiéifiillenq .3 E;»a_ddition h ' ‘ pgylnggzan fa Only the mlmmum 10 years $3,874.00 payment $65.00 3 years $2343.00 (Savings = $1,531.00) If you would like information about credit counseling services. call 1-877-3028797. I '5N6'ti'fiéga1tidfif ’ YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING DEFERRED INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION ON THIS STATEMENT FOR FURTHER DETAILS YOU HAVE A PROMOTIONS) EXPIRING ON 08/02/17. ' NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DFh‘ l 7 Z 170402 PAGE ‘1 0f 3 9072 3400 CEJ} OlCSSBOZ Pay online al mysynchrony.com or enclose [his coupon with your check. Please use blue or black ink. Tomemntmmr . "iiéym'entanq'e‘ $50.00 New addvess or e-mail‘? ll you only pay me Total Minimum Due It may not pay ofl the Promolional Purchase by the Expiration Date. Check the box at left and pn‘nt changes on back DEREK SAUCEDO 3724 PASADENA AVE APT 4 L03 ANGELES CA 90031_3480 Make Payment to. SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 Cardholder Name: DEREK SAUCEDO Account Number:- 7103 Statement Closing Dale: 04/02/2017 " 'i.i*‘rs,=‘riaate>s.ummary j Promotional Promotional Deferred Tran Date Description Initial Expiration Balance Interest Charge Purchase Date Amount 08/02/201 7 $395.00 $22.33 01/27/201 7 Ejie'red '"te'esmo "‘te’eSt " Pa'd I" $500.00 08/02/201 7 $1 .096.58 $51 .43 01/30/201 7 Effier'ed Ime'esm" "“e'es‘ ” Pa'd '” $1 .096.58 A summary of your promotional purchase is provided above. H you have a DEFERRED INTERESTING INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges on mese promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date. On a Fixed Payment (Extended Payment Plan) promotional purchase, the Interest Charge is billed monthly and included as part of the Minimum Payment due. To make more lhan one payment see Make Paymem To address or pay online at mysynchrony.com. TOTAL INTEREST FOR THIS PERIOD Total Fees Charged In 2017 Total Interest Charged in 201 7 $0.00 Total Interest Paid in 201 7 $0.00 ., Summary ,- ; .v . . .. Tran Date Post Date Jieference Number Description Amount 03/06/2017 03/061201? F8395002300021001 ADJUSTMENTvPAYMENTS $105.00 03/06/201 7 03/06/2017 85348122101G9MFLN PAYMENT - THANK YOU $1 05.00 CR 03/10l2017 03/10/2017 853481225F3ARVMY6 PAYMENT-CREDIT OR DEBIT CARD $105.00 CR FEES 04/02/201 7 04/02/2017 MINIMUM INTEREST CHARGE $2.00 PURCHASES TOTAL FEES FOR THIS PERIOD $2.00 INTEREST CHARGED 04/02/2017 04/02/2017 INTEREST CHARGED ON PURCHASES $0.00 $0.00 élnffer. s'téGh'atg. Gal¢ulatifon;iffzi Expiration Date Annual Balance Subject Io Interest Charge TYPE 0' Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $27.30 $0.63 Deterred Interest/No Interest u Paid In Fun 08/02/2017 253% $436.07 $o.oo-' Deferred lnterest/No interest If Paid In Full 08/02/2017 26.99% $1 .134.53 $0.00 :iNew omotéenétfiin‘énéifigf ans This notice is t0 le‘ you know about some promotional financing plans that may be available for you when you use your card for future purchases. This is only a summary of key terms. At times, we may offer you other promotional financing plans for cenaln purchases. Details of available promotions wlll be provided to you at the time of your transactions. Not all plans or all plan periods will be available at every re‘ailer. For purposes of this notification, your Purchase Annual Percentage Hate ("APR") is 26.99% See the Interest Charge Calculation section of this billing statement lo determine if this APR is variable. If a (v) is shown next to your APR. this APR will vary with the market based on the prime rate. Subject to credit approval. Regular account terms apply to non-promotional purchases and. after promotion ends. to promotional purchase. No Interest if Paid Within Promotional Period (These can be advertised as Deferred Interest promotions) Under this promotion, no Interest Charges will be assessed if the promotional purchase balance is paid in full within the promotional period. If the promotional purchase balance is not paid in full by the end 01 the promotional period, interest will be imposed from the date of purchase at the Purchase APRstated above. Minimum or fixed monthly payments are required. This promotion may be offered for periods of 6, 12, 18, or 24 months. Continued on next page 5302 DFH 1 7 2 170452 PAGE 2 of 3 9072 3400 C6J3 01C55302 \ Please keep this ior your records." you have any questions. please call us at the Customer Service number shown on your statement. In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or an authorized party. If you wish to permit us to speak to an authorized party such as a spouse about your account, please send written authorization to the General Inquiries address. Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesting reports from consumer reporting agencies and other sources) lo review, maintain or collectflur account. 5302 DFH 1 7 Z 170402 PAGE 3 of 3 9072 34.00 CEJE OIC35302 EXHIBIT D .AA._0'128 File N'o.: 19-186462 CARECREDIT/SYNCHRQNY BANK Cardholder Name: DEREK SAUCEDO Account Number : 71 03 Statement Closing Date: 10/02/201 7 ,_ , 7 _ , :spa“:m*éfiraIatarjmatianav . Previous Balance $1,980.16 NEW Balance $235328 + New Purchases $0.00 Minimum Payment This Period $104.00 - Payments $0.00 Amount Past Due $41 5.00 +l- Credits, Fees & Adjustments (net) $37.00 Total Minimum Payment Due $51 9-00 +/- Interest Charge (net) $431 2 Payment Due Date 10/25/201 7 New Balance $2,063.28 PAYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE. We may convert your payment into an electronic debit. See Credit Limit I $2,000.00 reverse Side. Availabie Credit $0.00 Overlimit Amount $63.28 Days in Bimng Period 31 Late Payment Warning: [f we do not receive your Total Minimum Payment Due by the Payment Due Date listed ab0ve. Pay online for free m: mysynchrony.com you may have to pay a late fee up to $38.00. For Synchrony Bank customer service or to report your Minimum Payment Warning: Making only the Total Minimum card lost or stolen, call (1-866-893-7864). Payment Due will increase the amount of interest you pay and Best times to ca" are Wednesday _ Friday. the time it takes to repay your balance. For example: Only the minimum 10 years $4,285.00 payment If you would like information about credit counseling services. call 1-877302-8797. Tmhéa‘éfihfi I '7'; . , . , . , , . , Tran Dale Post Date Reference Number Description Amount FEES 09/25/2017 09/25/2017 LATE FEE $37.00 TOTAL FEES FOR THIS PERIOD $37.00 INTEREST CHARGED 10/02/2017 10/02/201 7 INTEREST CHARGE ON PURCHASES $46.12 TOTAL INTEREST Fon THIS PERIOD $46.12 =26ifi§g§l§ [egg " " Total Fees Charged in 201 7 $255.00 Total Interest Charged in 2017 $31 6.70 otal Interest Paid in 2017 $0.00 Expiration Date Annual Balance Subject to Interest Charge TVpe of Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $2,011 .83 $461 2 ‘ NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DE‘H l 7 Z 171002 EX?AGE 1 5.1-5 l-E 9072 3400 C5J3 01C55302 Pay onllne at mysynchrony‘com or enclose Ihls coupon with your check, Please use blue or black Ink. . ,L .Baii‘anc'g. ' 10/25/2017 32.06323 _7103 $DUDE D. 3D New address or 9-mail? Payment due includes S 415.00 past due. Please pay the past due amount PROMPTLY. Check the box at lefl and prlm changes on back $519.00 $41 5.00 DEREK SAUCEDO 3724 PASADENA AVE APT 4 L08 ANGELES CA 90031_3480 Make Payment to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 Cardholder Name: DEREK SAUCEDO Account Number:-7103 Statement Closing Date: 10/02/2017 In order to protect your account privacy, we are unable to provide accoum Inlormation to anyone other man the cardholder(s) or an authorized pany. If you wish lo permn us lo speak lo an authorized party such as a spouse about your account mease send wrmen authorization lo lhe General Inquirées address. PLEASE READ THE IMPORTANT CHANGE-IN-TERMS NOTICE INCLUDED ON THIS BILLiNG STATEMENT. THlS NOTICE MAKES CHANGES TO THE CARDHOLDER AGREEMENT GOVERNING YOUR ACCOUNT. YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. §peci‘al Més‘s’a‘g'e: = A payment must be made each cycle to avoid Iale chalges to your account. 5302 DFH 1 7 2 171002 E>L?AG£ 2 Ll'é 9072 35.09 C653 OECSSSOZ Elfip’flforté'fitééhéfifi‘éé‘: , , ccofintTerms The following is a summary of changes that are being made to your account terms. Unless otherwise noted, these changes will take effect on 12/01/1 7. Minimum Payment: We are increasing the total minimum payment calculation on your account. The Minlmum Payment Calculation terms in your credit card agreement will be replaced with the Minimum Payment Calculation terms shown below. Please keep this imponant document for your records. "Minimum Payment Calculation. Your total minimum payment will be calculated as follows: 1. The sum of: a. For the new balance shown on your billing statement (excluding any balance attributable to a special promotional purchase with a unique payment calculation), the greater of either: (i) $27; or (ii) 3.25% of the new balance shown on your billing statement; or (iii) The sum of 1% of your new balance shown on your billing statement plus interest and late payment fees charged in the current billing cycle; PLUS b. Any past due amounts; PLUS c. Any payment due in connection with a special promotional purchase with a unique payment calculation. We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment wiil never be more than your new balance." 3302 DFH 1 7 Z 171002 EXPAGE 4 of f; 9072 3400 C6J3 01C55302 EXHIBIT E AA_0129 File N0; 19-186462 fl Midland fifii‘ééé G? ifiggg ?SECEI‘fiEfit M c EM grafltgmm PD. Boxzm Warren, MI 48090 07/15/2019 OriginalCredltor: SYNCHRONY BANK i i Original Account Number: XXXXXXXXXXXX7103 35¢; g Current Owner: Midland Funding LLC i Derek Saucedo ‘ i Internal Legal Account Number: 19485452 j P2 3;; 3724 Pasadena Ave Apt 4 Current Balance: $2,063.28 E Los Angeles, CA 90031-3480 ..I...I. .I Inn u III .. mum VisitUSOH'ineIll III lllllmm II IIIIII IIII IIII u MidlandCredit'com Dear Derek, Your SYNCHRONY BANK account, owned by Midland Funding LLC, has been transferred to our legal department. 0 Get rid of this debt and get on with your life. Please pay $2,063.28 or ca” us at (866) 300~8750 to discuss your options. We have payment plans available, and we are committed to finding a solution for you. You may also make a payment online at MidlandCredit.com. 0 Once your account is paid -_ It’s not too late. Please call us at (866} 300-8750. A“ couecfion cans and As of the date of this letter you owe $2,063.28. latte“ on thls account w'" If we do not receive payment or hear from you, we may forward your account to an attorney in Stop! your jurisdiction. At this time, no attorney has personally reviewed the particular circumstances of your account. Your MCM account number is XXXXXX3113. When calling to discuss your account, please refer to your Internal Legal account number of 19-186462. Sincerely, Call to Discuss Your Options: (866) 300_8750 Boris Salamakhin, Group Manager P.S. Visit us online at MidlandCredit.com. When your account has been paid, and if data related to the account is still being furnished t0 the consumer reporting agencies, a request will be made of the three major consumer reporting agencies to report the Midland Funding LLC trade line related to the above referenced account as paid. 003368 PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Hours of Operation: M - Fri: 8:00am - 7:30pm EST Ca”; Visit Us Online ' Mail: 53L C'Osed (866) 300-3750 MidlandCredit.com Payment Certificate Sun: Closed Payment Options: 1) Pay by phone: (866) 300-8750 2) Mail in this certificate with your payment and Internal Legal Account Number: 19-186462 make check pavab'e to; Midbnd Credit Original Account Number: XXXXXXXXXXXX7103 Management, Inc. Current Balance: $2,063.28 Amount Enclosed: S @li. P.o. Box 2121 Warren, MI 43090 PRE_OO1 GL_0702G 19- 1 86462 IMPORTANT DISCLOSURE INFORMATION: Please understand th‘isis a communication from a debt collector. Thi's is an attemptrto collect a debt. Any information obtained will be used for that purpose. L r PLEASE SEE REVERSE SIDE FOR'IMPORTANT DISCLOSURE INFORMATION j Calls to and/or from this company may be monitored or recorded. MAIL PAYMENTS TO; P.IO‘ BonlZl'Warren, MI 48090 MAIL, COEQESPONDENCE BU! 30 EAXMgfllg IO: P.O. Box 2121, Warren, Ml 48090 lfyo‘ur payment method is a credit card, it may b'e processed through our internatiohal card processor. Although our policy is to not charge cohsumersfees based upon their payment method, y'our card issuer may elect to do so dUe to the Iotation of'the card processor. lf an international transaction fee has been charged by your car‘d issuer, that fee is eligible for reimbursement. You may contact your Account Manager to modify your payment method to avoid these charges in the future, and for information to initiate your reimbursement. We are required under state law to notify conSumer's of the following additional rights. This list do'es not contain a camplete list of the rights consumers have under applicable law: IF'YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: California Code of Civil Procedure §1033(b)(2) requ‘ir‘es us to notify you that in the. event of iegal proceedings, such legal proceedings could result in a judgment against you that could incl‘Ud'e court costs and necessary disbursements under applicable law, if Midland Funding LLC isfound to be legally entitled to the same. PRE_001 GL_O702G 19-1‘86462