Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.December 4, 2020\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 12/4/2020 8:41 AM Christopher D. Mandarich SB 220693 C'erk 9f court Hayk Stambultsyan 53320973 Superlor Court of CA, Amber Swearingen-Ojuri SB324653 County Of Santa Clara David C. McGaffey SB3 15632 200v374323 MANDARICH LAW GROUP, LLP Reviewed By: M VU P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED Midland Credit Management, Inc, Case N0. 20CV374323 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED THOMAS J BARNARD, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $4,152.91 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest to original creditor, COMENITY BANK. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4.The charge-offcreditor at the time 0fcharge-off is COMENITY BANK, ONE RIGHTER PARKWAY SUITE 100 WILMINGTON, DE 19803, and the account number associated With this debt is XXXXXXXXXXXXXX5229. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is THOMAS J BARNARD, 6137 GERONIMO DR APT 01000 , SAN JOSE, CA 95123. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise 0fthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9.Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, COMENITY BANK or made such application over the telephone or Internet. Pursuant to the aforementioned application, COMENITY BANK provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXXXX5229 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed t0 repay COMENITY BANK and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0f goods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay COMENITY BANK and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n July 3, 2019. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 16.The debt balance at charge-off was $4,152.91, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $4,152.91. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, COMENITY BANK and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $4,152.91 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by COMENITY BANK. Although demand has been made upon Defendant, said amount 0f $4,152.91 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $4,152.91, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 11/30/2020 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 (%wik [X] Hayk Stambultsyan, Esq. Attorneysfor Plaintifl EXHIBIT A Summary of account activity PAGE1 OF 4 Payment information Account no. ****-***-5229 New balance $3,814.94 Minimum payment due $301.00 Previous balance $4,730.09 Payment due dale 08/1 9/201 9 Payments -922.00 . Other credns 0.00 La“ Payme'“ "Yam“: . _ Purchases O_oo If we do not receive your mlnlmum payment by 08/19/2019 you may Other debits O_oo have to pay up to a $38.00 late fee. Fees Charged 0'00 Minimum payment warning: If you make only the minimum Intereg Charged 6'85 payment for each period, you will pay more in interesi and i1 will take New balance $3,814.94 you longer to pay off your balances. For example: PaSt due amour“ 0'00 If you make no additional You will pay off And you will Cred“ |imit $890090 charges using this card the balance shown end up paying an Avai|ab|e cred“ $0.00 and each month you pay: on the subment estimated total Statement closing date 07/24/2019 i" abm‘t °f5 Days in billing cycle 31 Only the minimum payment 18 years $10758 For information regarding credit counseling services, call 1-800-284-1706. You must pay the balance $2,414.66 of your Plan 436-00002 in full by Dec 18, 2021 to avoid paying accrued interest charges. If you do not pay your Plan 784-00001 balance of $1,400.28 by Jan 25, 2022 any remaining balance will be assessed interest at the standard purchase APR. Account Questions? Need to make a payment? Want to know how to go paperless? Visit comnilymet/diamondelite or call 1-800-927-3783 (TDD/TTY 1-800-695-1788). Want to stay in the know with credit tips and news? Visit us at facebook.com/askcomenity or at twitter.com/askcomenity. Shop online anytime al www.samuelsjewelers_com Important Account Update: In-store payments are no longer being accepted. Please see account center at www.comenity.neI/samuels for the most up to date information. Details 0f your transactions TRANS DATE TRANSACTION DESCRIPTION/LOCATION AMOUNT 07/03/201 9 PAYMENT-THANK YOU -922.00 Fees Total fees charged for this period $0.00 Interest charged Interest charge on purchases $6.85 Total interest for this period $6.85 NOTICE See reverse side for imporlanl informalion. Please tear at perloration above Account . .o number '”'-"*-5229 ° ' ' - New balance Minimum paymentm n I’rQ'o'co e y $3,31 4.94 $301 .00 99 3 5 CIT Payment must reach us byYes. | have moved or updated my 6 pm ET on 08/1 9,2019e-mail address - see Ieverse. ANION"! enclosed: $ \ Please make check payable to: COMENITY - SAMUELS Il"IIIIIIIIIIIIIIIIIIllIIIllllII'llIIIIIIIIIIIIIIIIIIIIIIIIIIIII THOMASJBARNARD 6137 GERONIMO DR APT 01000 SAN JOSE CA 95123-4723 Please return this portion along with you: payment 10: PO BOX 659704 SAN ANTONIO TX 78265-9704 Keep this portion for your records. What To Do If You Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write to us at: Comenity Bank PO Box 182782, Columbus, Ohio 43218-2782. In your letter, give us the following information: ' Account information: Your name and account number. ' Dollar amount: The dollar amount of the suspected error. ' Description 0f Pmblem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 6O days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: ' We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. ' We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Comenity Bank PO Box 182782, Columbus, Ohio 43218-2782. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. PAYING INTEREST. We will begin to charge interest charges on new purchases made under a Regular Revolving Credit Plan from the date of purchase. You may avoid interest charges on deferred purchases made under Promotional Credit Plans if you pay the total amount of the purchase before the end of the Promotional Period. BALANCE COMPUTATION METHOD. We calculate interest separately for each type of balance on your account using a “Daily Balance” to determine interest charges for each billing period. We figure the interest charge on your account by applying the periodic rate to the “daily balance” of your account for each day in the billing cycle. To get the “daily balance” we take the beginning balance of your account each day, add any new purchases and fees, and subtract any payments or credits (treating any net credit balance as a zero balance). This gives us the daily balance. CREDIT REPORTING. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. NOTICE OF CREDIT REPORT DISPUTES If you believe the account information we reported to a consumer reporting agency is inaccurate, you may submit a direct dispute to Comenity Bank PO Box 182789, Columbus, Ohio 43218-2789. Your written dispute must provide sufficient information to identify the account and specify why the information is inaccurate: ' Account Information: Your name and account number Contact Information: Your address and telephone number Disputed Information: Identify the account information disputed and explain why you believe it is inaccurate Supporting Documentation: If available, provide a copy of the section of the credit report showing the account information you are disputing We will investigate the disputed information and report the results to you within 3O days of receipt of the information needed for our investigation. If we find that the account information we reported is inaccurate, we will promptly provide the necessary correction to each consumer reporting agency to which we reported the information. PAYMENTS MARKED 'PAID IN FULL'. All written communications regarding disputed amounts that include any check or other payment instrument marked with “payment in full” or similar language, must be sent to: 6550 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004. DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE. - We may accept payment sent to any other address without losing any of our rights. - No payment shall operate as an accord and satisfaction without prior written approval. CUSTOM ER SERVICE. Visit comenity.netlsamue|s or call 1-800-927-3783 (TDD/TFY 1-800-695-1788). TELEPHONE MONITORING. To provide you with high-quality service, phone communication with us is monitored and/or recorded. ADDITIONAL INFORMATION. The following designations, when appearing on the front of your statement, mean the following: V means variable rate (this rate may vaw); WV INT PAY RQ means WAIVE INTEREST, PAYMENT REQUIRED; WV INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WV INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; DF INT PY RQ means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ PY means DEFER INTEREST, EQUAL PAYMENT; DF INT LOW PMT means DEFER INTEREST, LOW PAYM ENT and LOW APR EQ PAY means LOW APR, EQUAL PAYMENT. If you have a variable rate account, your periodic rates may vary. You may pay all of your Account balance at any time without penalty. Send all inquiries to: CUSTOMER SERVICE, PO Box 182273, Columbus, Ohio 432 18-2273. Send all bankruptcy notices and related correspondence to Comenity Bank, Bankruptcy Department, PO Box 182 125, Columbus, Ohio 432 18-2125. NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. PAYMENTS. Pay your Account by the payment due date by the time |_isted below. If we do not receive your payment in a correct format (outlined below) it may not be credited to your Account for up to five days, or may be rejected. Also, your payment must reach us by the payment cutoff time that applies to the payment method you select. Correct Format. Correct format for different payment methods include: Mailing or Overnight: Send a personal check, money order, traveler’s check or cashier’s check payable in U.S. dollars, to the name and address shown on this Statement in the payment stub area containing your balance and minimum payment amount. Be sure to include your payment stub, do not staple or clip your payment to the stub, include your account number on your check, use the envelope provided with your Statement, send one payment with one payment stub and do not send any correspondence with your payment. You should overnight a payment to 6550 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004 and the additional format requirements are the same as other mailed payments unless there is a dispute, in which case you follow the Payments Marked 'Paid In Full' section above. Do not send cash orgift certificates. Pay By Phone: You can call us toll free at 1-800-927-3783 (TDD/TTY 1-800-695-1788) to make a payment by telephone, which may include a fee. Online: You can make a payment online at comenity.netlsamue|s. Payment Cutoff Times. Payment cutoff times/deadlines for us to receive payments are by the due date on this Statement in the payment stub area at the following times: Mailing and Overnight: By 6:00 pm Eastern Time (ET); Pay By Phone: By 8:00 pm (ET); Online: By 8:00 pm (ET). New Information Title (optional) First Name Ml Last Name Soc. Sec. No. Street Address Apt. No. RR City State Home Phone Email Address Zip Code Work Phone PO Box Foreign Map Code PAGE 3 OF 4 2019 totals year to date Total fees charged in 2019 $120.00 Total interest charged in 2019 $68.29 Interest charge calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit card agreement. TYPE 0F BALANCE SUBJ ECT INTEREST BALANCE APH To INTEREST HATE CHARGE Purchases 29.9900% (V) 0.00 0.00 Plan 436-00002 DF INT F’Y RQ 29.9900°/o (V) 2,470.46 0.00 Plan 784-00001 LOW APR EQ PAY 4.9900% 1,616.27 6.85 Details of your plans 436-00002 You must pay your promotional balance of $2,414.66 in full by 12/18/2021 to avoid paying accrued interest charges. ORIGINAL ORIGINAL PREVIOUS ACCHUED TOTAL PURCHASE PURCHASE PLAN PLAN PURCHASES PAYMENTS NEW PLAN INTEREST Accnueo AMOUNT DATE EXPIRES BALANCE & CHARGES & CREDITS BALANCE THIs PERIOD INTEREST 2,781 .66 12/1 5/201 8 12/18/2021 2,501 .66 0.00 87.00 2,41 4.66 62.92 477.37 784-00001 You must pay your plan balance of $1 ,400.28 in full by 01/25/2022 to avoid paying interest charges at the higher purchase APR noted above. ORIGINAL ORIGINAL PREVIOUS ACCHUED TOTAL PURCHASE PURCHASE PLAN PLAN PURCHASES PAYMENTS NEW PLAN INTEREST ACCHUED AMOUNT DATE EXPIRES BALANCE & CHARGES & CREDITS BALANCE THIs PERIOD INTEREST 9,31 6.52 01/22/201 8 01/25/2022 2, 1 48.43 6.85 755.00 1,400.28 0.00 0.00 Additional important messages Important Reminder: If you make a purchase with this credit card using a promotional plan, the promotional plan expiration date and payment due date may be different. This means that if you have any remaining promotional plan balance after the promotional plan expiration date, the balance and any accrued interest (if applicable), will move to your regular revolving plan on the next billing statement. How to avoid or minimize interest charges: Be sure to pay any promotional plan balance in full on or before the plan expiration date shown in the “Details of your plans” section of your statement. Please also keep an eye out for notifications of when your promotional plan(s) are nearing their expiration date-you’ll see them in the red box on page 1 of your statement. If you have questions, please call us toII-free at 1-800-927-3783 (TDD/TTY21 -800-695-1 788). To learn more about how promotional plans work, visit comenity.com/financiaI-education. We’re always happy to help. Your credit card account is closed. A monthly billing statement will be sent until the balance is paid in full. You do not have any available credit due to your account being closed. Another perk of going paperless? View, download, and print 12 months of statements, anytime 24 hours a day. It’s free! httpszllcomenity.net/samuels/paperless Find out how to shop safely online at onguardonlinegov DEHDDLL? DDDDBEEE DDDDDDEHLBEEEEEH DDDDBDLDD DDDBELLHLI PAGE 4 OF 4 QUE Paying on your account is as easy as 1-2-3! Mail payment to: Comenity Bank PO BOX 659704, SAN ANTONIO, TX 78265-9704 Call t0 schedule a same-day payment* 1-800-927-3783 (TDD/TTY: 1-800-695-1788). To register or sign-in to your Account Center visit: comenity.net/diamondelite *An expedited payment fee up to $9 may apply for same-day payments made with a representative EXHIBIT B Summary of account activity PAGE1 OF 4 Payment information Account no. ****-***-5229 New balance $4,152.91 Minimum payment due $2,453.00 Previous balance $4,1 02.01 Payment due dale 0W1 9/2020 Payments 0.00 . Other credns 0.00 La“ Payme'“ "Yam“: . _ Purchases O_oo If we do not receive your mlnlmum payment by 03/19/2020 you may Other debits O_oo have to pay up to a $40.00 late fee. Fees Charged 39-00 Minimum payment warning: If you make only the minimum Intereg Charged 11'90 payment for each period, you will pay more in interesi and i1 will take New balance $4,1 52.91 you longer to pay off your balances. For example: PaSt due amour“ 2'142'00 If you make no additional You will pay off And you will Credfl limit $8,000_oo charges using this card the balance shown end up paying an Avai|ab|e cred“ $0.00 and each month you pay: on the subment estimated total Statement closing date 02122/2020 i" abm‘t °f5 Days in billing cycle 29 Only the minimum payment 16 years $12836 For information regarding credit counseling services, call 1-800-284-1706. You must pay the balance $2,414.66 of your Plan 436-00002 in full by Dec 18, 2021 to avoid paying accrued interest charges. If you do not pay your Plan 784-00001 balance of $1,441.67 by Jan 25, 2022 any remaining balance will be assessed interest at the standard purchase APR. I Shop online anytime at www.samuelsjewelers_com Important Account Update: In-store payments are no longer being accepted. Please see account center at www.comenity.neI/samuels for the most up to date information. Details 0f your transactions TRANS DATE TRANSACTION DESCRIPTIONILOCATION AMOUNT Fees 02/1 9/2020 LATE FEE 39.00 Total fees charged for this period $39.00 Interest charged Interest charge on purchases $1 1 .90 Total interest for this period $1 1 .90 2020 totals year to date Total fees charged in 2020 $78.00 Total interest charged in 2020 $23.50 NOTICE See reverse side for imporlanl informalion. Please tear at perloration above Account g o number **'*-*’*-5229 . ' . New balance Minimum paymemstoomenfly $4,152.91 $2,453.00 99 4 Payment must reach us byYes. | have moved or updated my 6 pm ET on 03/1 9,2020e-mail address - see Ieverse. ANION"! enclosed: $ \ Please make check payableto: COMENITY-SAMUELS IIIIIII'llIIIIII“IIIIIIllIllllllllllllll“IIIIIIIIIIIIIIIIIIIIII THOMASJBARNARD 6137 GERONIMO DR APT 01000 SAN JOSE CA 95123-4723 Please return this portion along with you: payment 10: PO BOX 659704 SAN ANTONIO TX 78265-9704 Keep this portion for your records. What To Do If You Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write to us at: Comenity Bank PO Box 182782, Columbus, Ohio 43218-2782. In your letter, give us the following information: ' Account information: Your name and account number. ' Dollar amount: The dollar amount of the suspected error. ' Description 0f Pmblem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 6O days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: ' We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. ' We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Comenity Bank PO Box 182782, Columbus, Ohio 43218-2782. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. PAYING INTEREST. We will begin to charge interest charges on new purchases made under a Regular Revolving Credit Plan from the date of purchase. You may avoid interest charges on deferred purchases made under Promotional Credit Plans if you pay the total amount of the purchase before the end of the Promotional Period. BALANCE COMPUTATION METHOD. We calculate interest separately for each type of balance on your account using a “Daily Balance” to determine interest charges for each billing period. We figure the interest charge on your account by applying the periodic rate to the “daily balance” of your account for each day in the billing cycle. To get the “daily balance” we take the beginning balance of your account each day, add any new purchases and fees, and subtract any payments or credits (treating any net credit balance as a zero balance). This gives us the daily balance. CREDIT REPORTING. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. NOTICE OF CREDIT REPORT DISPUTES If you believe the account information we reported to a consumer reporting agency is inaccurate, you may submit a direct dispute to Comenity Bank PO Box 182789, Columbus, Ohio 43218-2789. Your written dispute must provide sufficient information to identify the account and specify why the information is inaccurate: ' Account Information: Your name and account number Contact Information: Your address and telephone number Disputed Information: Identify the account information disputed and explain why you believe it is inaccurate Supporting Documentation: If available, provide a copy of the section of the credit report showing the account information you are disputing We will investigate the disputed information and report the results to you within 3O days of receipt of the information needed for our investigation. If we find that the account information we reported is inaccurate, we will promptly provide the necessary correction to each consumer reporting agency to which we reported the information. PAYMENTS MARKED 'PAID IN FULL'. All written communications regarding disputed amounts that include any check or other payment instrument marked with “payment in full” or similar language, must be sent to: 6550 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004. DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE. - We may accept payment sent to any other address without losing any of our rights. - No payment shall operate as an accord and satisfaction without prior written approval. CUSTOM ER SERVICE. Visit comenity.netlsamue|s or call 1-800-927-3783 (TDD/TFY 1-800-695-1788). TELEPHONE MONITORING. To provide you with high-quality service, phone communication with us is monitored and/or recorded. ADDITIONAL INFORMATION. The following designations, when appearing on the front of your statement, mean the following: V means variable rate (this rate may vaw); WV INT PAY RQ means WAIVE INTEREST, PAYMENT REQUIRED; WV INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WV INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; DF INT PY RQ means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ PY means DEFER INTEREST, EQUAL PAYMENT; DF INT LOW PMT means DEFER INTEREST, LOW PAYM ENT and LOW APR EQ PAY means LOW APR, EQUAL PAYMENT. If you have a variable rate account, your periodic rates may vary. You may pay all of your Account balance at any time without penalty. Send all inquiries to: CUSTOMER SERVICE, PO Box 182273, Columbus, Ohio 432 18-2273. Send all bankruptcy notices and related correspondence to Comenity Bank, Bankruptcy Department, PO Box 182 125, Columbus, Ohio 432 18-2125. NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. PAYMENTS. Pay your Account by the payment due date by the time |_isted below. If we do not receive your payment in a correct format (outlined below) it may not be credited to your Account for up to five days, or may be rejected. Also, your payment must reach us by the payment cutoff time that applies to the payment method you select. Correct Format. Correct format for different payment methods include: Mailing or Overnight: Send a personal check, money order, traveler’s check or cashier’s check payable in U.S. dollars, to the name and address shown on this Statement in the payment stub area containing your balance and minimum payment amount. Be sure to include your payment stub, do not staple or clip your payment to the stub, include your account number on your check, use the envelope provided with your Statement, send one payment with one payment stub and do not send any correspondence with your payment. You should overnight a payment to 6550 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004 and the additional format requirements are the same as other mailed payments unless there is a dispute, in which case you follow the Payments Marked 'Paid In Full' section above. Do not send cash orgift certificates. Pay By Phone: You can call us toll free at 1-800-927-3783 (TDD/TTY 1-800-695-1788) to make a payment by telephone, which may include a fee. Online: You can make a payment online at comenity.netlsamue|s. Payment Cutoff Times. Payment cutoff times/deadlines for us to receive payments are by the due date on this Statement in the payment stub area at the following times: Mailing and Overnight: By 6:00 pm Eastern Time (ET); Pay By Phone: By 8:00 pm (ET); Online: By 8:00 pm (ET). New Information Title (optional) First Name Ml Last Name Soc. Sec. No. Street Address Apt. No. RR City State Home Phone Email Address Zip Code Work Phone PO Box Foreign Map Code PAGE 3 OF 4 Interest charge calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit card agreement. TYPE OF BALANCE SUBJ ECT INTEREST BALANCE APH To INTEREST HATE CHARGE Purchases 29.9900% (V) 259.69 6.19 Plan 436-00002 DF INT PY RQ 29.9900% (V) 2,442.64 0.00 Plan 784-00001 LOW APR EQ PAY 4.9900% 1,438.71 5.71 Details of your plans 436-00002 You must pay your promotional balance of $2,414.66 in full by 12/18/2021 to avoid paying accrued interest charges. ORIGINAL ORIGINAL PREVIOUS ACCHUED TOTAL PURCHASE PURCHASE PLAN PLAN PURCHASES PAYMENTS NEW PLAN INTEREST Accnueo AMOUNT DATE EXPIRES BALANCE s. CHARGES s. CREDITS BALANCE THls PERIOD INTEREST 2,781 .66 12/1 5/201 8 12/18/2021 2,41 4.66 0.00 0.00 2,41 4.66 58.20 905.07 784-00001 You must pay your plan balance of $1 ,441 .67 in full by 01/25/2022 to avoid paying interest charges at the higher purchase APR noted above. ORIGINAL ORIGINAL PREVIOUS ACCHUED TOTAL PURCHASE PURCHASE PLAN PLAN PURCHASES PAYMENTS NEW PLAN INTEREST ACCHUED AMOUNT DATE EXPIRES BALANCE & CHARGES & CREDITS BALANCE THIs PERIOD INTEREST 9,31 6.52 01/22/201 8 01/25/2022 1,435.96 5.71 0.00 1,441 .67 0.00 0.00 Additional important messages Important Reminder: If you make a purchase with this credit card using a promotional plan, the promotional plan expiration date and payment due date may be different. This means that if you have any remaining promotional plan balance after the promotional plan expiration date, the balance and any accrued interest (if applicable), will move to your regular revolving plan on the next billing statement. How to avoid or minimize interest charges: Be sure to pay any promotional plan balance in full on or before the plan expiration date shown in the “Details of your plans” section of your statement. Please also keep an eye out for notifications of when your promotional plan(s) are nearing their expiration date-you’ll see them in the red box on page 1 of your statement. If you have questions, please call us toII-free at 1-800-927-3783 (TDD/TTY21 -800-695-1 788). To learn more about how promotional plans work, visit comenity.com/financiaI-education. We’re always happy to help. IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off as a bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this statement before the end of this month. If you are not able to pay the Minimum Payment amount, we will still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089 (TDD/TFY 1-800-695-1788) and we will find a suitable payment before the end of this month. If written off, the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the appropriate steps, as permitted and available under applicable law, to protect our interests. Your credit card account is closed. A monthly billing statement will be sent until the balance is paid in full. You do not have any available credit due to your account being closed. Consumers are entitled to one free credit report per year. To request yours call 1-877-322-8228 or visit annualcreditreport.com DEHDDLL? DDDDEELE DDDDDDEHLBEEEEEH DUDEHEBDD DDDHLEEHL PAGE 4 OF 4
