Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.March 23, 2021E-FILED 3/23/2021 12:45 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379180 Reviewed By: Ashley Mackenzie 21CV379180 6091759 JACK H. POGOSIAN, State Bar N0.: 305741 MANASI TAHILIANI, State Bar No.2 27282] 1 CHRISTINA ARNOLD, State Bar No.: 297590 7 HYO JIN JULIA JUNG, State Bar N0.: 3 16090- MELINE GRIGORYAN, State Bar No.2 32] 133 3 MICHAEL D. KAHN, State Bar No.2 236898 NICHOL ALAN DE GUZMAN, State Bar No.2 314989 4 CAMRYN P. BERK, State Bar No.2 317565 5 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 6 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 7 Attorneys for Plaintiff 8 SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 9 DOWNTOWN SUPERIOR COURT 10 MIDLAND CREDIT MANAGEMENT, INC. Case N0. 1 1 Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated l3 EZEQUIEL DUREO; PRAYER AMT: $5,380. l8 14 and DOES 1 through 10, inclusive LIMITED Defendant. 15 MIDLAND CREDIT MANAGEMENT, INC., ("Plaintiff"), by counsel, sues EZEQUIEL DUREO, (“Defendant”) 16 under Account Stated and in support thereof states: 17 l. Plaintiff is authorized Io do business in CALIFORNIA, with its principal place 0f business at 350 18 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff owns portfolios of consumer receivables, which it attempts t0 collect. Plaintiff strives to treat its consumers, such as 19 Defendant, with respect, compassion and integrity, hoping t0 provide mutually-beneficial 20 opportunities for consumers 10 repay their debts and attain financial recovery. 21 2. Defendant is a resident of SANTA CLARA County, State of California and is subject t0 this 22 Court’s jurisdiction. 3. Plaintiff is unaware 0f the true names and capacities of Defendants sued by the fictitious names 23 DOES I through 10. Plaintiff will ask leave of court to amend this complaint as and when the 24 true names and capacities 0f Defendants named herein as DOES 1 through 10 have been 25 ascertained. 26 Pursuant to California Civil Code (“CA CIVIL”) §l788.58(a)(1)-(9), Plaintiff alleges: 4. Plaintiff is a debt buyer as defined by CA CIVIL §1788.50(a). 27 28 -1. COMPLAINT CA70132C1 File No.: 20-37262 10. 24 12 13. Defendant established a credit account (the “Account”) with CAPITAL ONE BANK (USA), N.A.. The amount due is the result 0f transactions that occurred on the Account. Defendant was provided statements evidencing Defendant’s use 0f the Account and the balance due. Defendant failed t0 make the required payments and subsequently defaulted on the Account on November 08, 2018. Thereafter, Plaintiff was assigned all rights, title, and interest in the Account. Plaintiff is the sole owner 0f the debt. Attached as Exhibit A is a true and correct copy 0f the Bil] 0f Sale from CAPITAL ONE BANK (USA), N.A., t0 Plaintiff. The Account was purchased by Plaintiff on May 24, 2019. The Account balance at the time 0f charge-off was $5,380.18. Plaintiff alleges that the date 0f default is November 08, 201 8 and the date of the last payment was September 08, 2018. The name 0f the charge-off creditor at the time of charge-off is CAPITAL ONE BANK (USA), N.A.. The address utilized by CAPITAL ONE BANK (USA), N.A. at the time 0f Charge-off was 1680 CAPITAL ONE DRIVE MCLEAN,VA 22101. At the time 0f charge off, the account number associated with the debt was XXXXXXXX-XX-0660. The name 0f the debtor as it appeared in the records of CAPITAL ONE BANK (USA), N.A. is EZEQUIEL DUREO and the last known address as it appeared in the records of CAPITAL ONE BANK (USA), N.A. is 1222 GENEVA AVE SAN FRANCISCO CA 941 123824. The name and address 0f all post charge-off purchasers 0f the debt are as follows: Name Address MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN INC. DIEGO CA 92 108 Plaintiff has complied with the provisions 0f CA CIVIL §1788.52. Plaintiff informed Defendant of the assignment 0f the Account. Pursuant t0 CA CIVIL §1788.58(b), attached as Exhibit B 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 C is a true and correct copy 0f a billing statement that was mailed to Defendant stating the balance due 0n the Account at or around the time 0f charge-Off. 7 CA_0132G File No.1 20-37262 COMPLAINT 10 11 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 14. 15. 16. 17. 18. 20. 21. 22. Plaintiff acquired all right, title, and interest to the Account. T0 the extent that Plaintiff acts in its capacity as successor-in-interest t0 the original creditor 0r its assigns, references herein t0 Plaintiff may include Plaintiff’s predecessor-in-interest. Plaintiff has attempted to 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, often offering discounts, hardship plans, and a variety 0f payment options. The majority 0f Plaintiffs consumers ignore calls 0r letters, and some simply refuse to repay their obligations. When this happens, Plaintiff must decide whether to 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, that it intended to file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code 0f 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 CAPITAL ONE BANK (USA), N.A.. Defendant opened and derived benefit from the Account. By using the Account, Defendant expressly 0r impliedly promised t0 repay CAPITAL ONE BANK (USA), N.A.. Within the last four years, Defendant became indebted on the Account. On the Account, a balance 0f $5,380.18 was stated t0 be due t0 CAPITAL ONE BANK (USA), N.A. from Defendant. Plaintiff has n0 record of Defendant objecting to 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 0f the Account, but Defendant has failed t0 pay the balance due. The current balance presently due and owing is $5,380. 18 which includes payments, set- offs, credits 0r allowances, if any, at 0r after charge-off. g CA_0132G File No.2 20-37262 COMPLAINT \OOO\IO\ 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff requests judgment against Defendant for $5,380. l 8, 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: fiflw/fit MIDLAND CREDIT MANAGEMENT, INC. By: . GGOSIAN D MANASI TAHILIANI D HYO JIN JULIA JUNG D MELINE GRIGORYAN D CHRISTINA ARNOLD D MICHAEL D. KAHN ICHOL ALAN DE GUZMAN CAMRYN P. BERK 4 COMPLAINT CA_0132G File No.2 20-37262 EXHIBIT A AA_0125 File N0.: 20-37262 Forward Flow Receivable Sale Agreement dated November 15, 2018 BILL 0F SALE Closing Date: May 24, 2019 Capital One Bank (USA), National Association (“Seller”), in consideration of a Purchase Price 0fm and other valuable consideration, the receipt of which is herebyacknowle. ge , ere y sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled OMEGA.BNOO76.SALES.PROD-EASTBFRLLEZOI 905 1 7_BNOO76__main.dat.gz OMEGA.BNOO76.SALES.PROD-EASTBFRLLEZO l 905 1 7_BNOO76‘ph0ne.dat.gz OMEGA.BN0076.SALES.PROD-EASTBFRLLEZO 1 905 l7_BN0076_customer.dat.gz (which may be in electronic form) tQ Midland Credit Management, Inc., as successor in interest to, Midland Funding LLC (“Buyer”), without recourse or representation except as expressly provided herein or 0n the tcrms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant t0 that certain Forward Flow Receivable Sale Agreement, dated as ofNovember 15, 201 8, by and between Seller and Buyer (the “Agreement”). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was May 20, 2019. The aggregate Unpaid Balance 0f the Accounts as of the Cutoff Date was- CAPITAL ONE BANK (USA), MIDL CREDIT MANAGEMENT, INC. B. b Name: 5mm 0mgWM: Title: VP 0F Bvs‘mwflevelvpmcm- ' ‘c: Vice President Forward Flow Receivable Sale Agreement dated November 15, 2018 AFFIDAVIT OF SALE OF ACCOUNT BY CREDITOR State of Virginia, County of Goochland. James R Lane being duly sworn, deposes and says: I am over 18 and not a party to this action. I am a Vice President of Capital One Bank (USA), National Association. In that position, lam aware ofthe process of the sale and assignment of electronically stored business records. On 0r about May 20, 2019: Capital One Bank (USA), National Association sold a pool of charged-off accounts (the Accounts) by a Forward Flow Receivable Sale Agreement and a Bill of Sale to Midland Credit Management, Inc., as successor in interest t0, Midland Funding LLC. As part of the sale of the Accounts, electronic records and other records were transferred 0n individual Accounts to the debt buyer. These records were kept in the ordinary course of business 0f Capital One Bank (USA), National Association. I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge. fl.» 5 [wwe/ ,2019. SUBSCRIBED and sworn t0 before me, the undersigned Notary Public in the jurisdiction aforesaid, by James R. Lane, who is personally known t0 me and who acknowledged before me his signature t0 the foregoing Affidavit. GIVEN under my hand and seal this 7 day of jd’m , 2019. William Weéton Paige WILLIAM WESTON PAIGE Notary Pubhc NOTARY PUBLIC REG. #7796956 COMMONWEALTH 0F VIRGINIA MY COMMISSION EXPIRES OCT 31. 2022 Forward Flow Receivable Saie Agreement dated November 15, 2018 CERTIFICATE OF CONFORMITY CERTIFICATE OF CONFORMITY MADE PURSUANT TO CPLR 2309(c) and RPL 299-a I, an attomey-at-law admitted to practice in the Commonwealth of Virginia, do hereby certify that William Weston Paige, is a notary public in and for the Commonwealth of Virginia, in the jurisdiction aforementioned and the acknowledgment upon affidavits for Capital One Bank (USA), National Association are taken in the manner prescribed by the laws 0f the Commonwealth of Virginia and conforms t0 the laws thereof in all respects. [N WITNESS WHEREOF, I have hereunto set my signature, this Z flday 0f TEL“ ,2019. 5W EMA Printed Name fl 5M:f Signed Name Attorney at Law, Commonwealth of Virginia Forward Flow Receivable Sale Agreement dated November 15, 2018 AFFIDAVIT OF SALE 0F ACCOUNT BY CREDITOR State of Virginia, County 0f Goochland. James R Lane being duly sworn, deposes and says: I am over l8 and not a party to this action. 1am a Vice President of Capital One Bank (USA), National Association. 1n that position, I am aware of the process of the sale and assignment 0f electronically stored business records. On or about May 20, 2019, Capital One Bank (USA), National Association sold a pool of charged-off accounts (the Accounts) by a Forward Flow Receivable Sale Agreement and a Bill of Sale to Midland Credit Management, Inc., as successor in interest t0, Midland Funding LLC. As part of the sale 0f the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Capital One Bank (USA), National Association. I am not aware 0f any errors in these accounts. The above statements are true to the best ofmy knowledge. ,_... Signedthis___2 day of 5 [wne/ ,2019. SUBSCRIBED and sworn to before me, the undersigned Notary Public in the jurisdiction aforesaid, by James R. Lane, who is personally known to me and who acknowledged before me his signature to the foregoing Affidavit. GIVEN under my hand and seal this 7 day of 3“M ,2019. WW Wm m, William Weéton Paige WILLIAM WESTON PAIGE Notary Pubhc NOTARY PUBLIC REG. #7796956 COMMONWEALTH OF VIRGINIA MY CDMWSSION EXPIRES OCT 31. 2022 Forward Flow Receivable Sale Agreement dated November 15, 2018 CERTIFICATE OF CONFORMITY CERTIFICATE OF CONFORMITY MADE PURSUANT TO CPLR 2309(6) and RPL 299-21 I, an attomey-at-law admitted to practice- in the Commonwealth of Virginia, do hereby certify that William Weston Paige, is a notary public in and for the Commonwealth of Virginia, in the jurisdiction aforementioned and the acknowledgment upon affidavits for Capital One Bank (USA), National Association are taken in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this 2 ?LL'day 0f fume ,2019. SW, 8AM Printed Name fl 8L» / Signed Name Attorney at Law, Commonwealth of Virginia Field Field Data Account_number -066O CUST_NM EZEQUIEL CUST_LN DUREO CUST_SSN *****3994 CUST_DOB _ CUST._ADR1 1222 GENEVA AVE CUST_CITY SAN FRANCISCO CUST_ST CA CUST_ZIP 94112-3824 CUST_PH_NUM 4159332439 open_dt 12/11/2015 chrgof_dt 4/13/2019 Lst_Purchase_dt 10/7/2018 CHRGOF_BAL 5380.18 ACCOUNT_$ALE_BAL 5380.18 POST_CHRGOF_INT 0 POST_CHRGOF_FEE O Account information provided by CAPITAL ONE BANK (USA), N.A. pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 05/24/2019 in connection with the sale of accounts from CAPITAL ONE BANK (USA), N.A. to Midland Credit Management, Inc. EXHIBIT B AA_0126 File No.: 20-37262 gm63W "Pfla/FOne ’ 2 ' ; P‘a‘yiffieht‘flinfbrzm‘ati'or‘; ' I 001 Page 1 of 3 Visa Platinum Account Ending in 0660 Sep. 13, 2018» Oct. 12, 2018 fi 30 days in Billing Cycle l Payment Due Date For online and phone payments, previous Balance $4,408.49 the deadline is 8pm ET. N OV' 09’ 20 1 8 Payments $0.00 New Balance Minimum Payment Due Other Credits - $125.03 $4,62947 $316-OO Transactions +$212.15 LATE PAYMENT WARNING; If we do not receive your minimum payment (335“ AdVances + $000 d h I t f f 38.00.by your due ate, you may ave to pay a a e ee o up to $ Fees Charged + $3800 MlNlMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you lntereg ChaVEEd + $9586 longer to pay off your balance. For example: New Balance = $4,629.47 Credit Limit $4,500.00 Available Credit (as of Oct. 12, 2018) $0.00 Minimum Payment 19 Years $13,638 Cash Advance Credit Limit $3,000.00 lfyou would like information about creditcounseling services, call 1-888-326-8055. Available Credit for Cash Advances $0 00 300080 Visit capitafonemm i0 make a payment today. Account Notifications & For questions about this account. piease give us a call at 1800-9335-6600 We'll be giad to help you Monday through Friday [A Your account has gone over its Credit timit and is currently past due. from 8 am. to 11 pm. ET. and Saturday and Sunday from 8 a.m. to 5 pm. ET. Additional notifications 0n page 2 Pay or manage your account on our mobile app or at wwwcapitaionecom. LVa a cambiar de direccién? Puede cambiar su direccién inmediatamente en capitalonecom (servicio disponible en inglés Unicamente) o completar (a informacio’n abajo, y devuelva este cupbn con su pago. Por favor escriba en Ietra de imprenta con tinta azul o negra. Cane ............................................................................................................. Ciudad .......................................................................................................... Estado .................................................. Cédigo postal ................................. Teléfono ........................................................................................................ Correo electrénico ......................................................................................... Customer Service: 1-800-462-01 14 See reverse for Important Information gCémo puedo Hacer Pagos? Puede hacer el pago de diferentes maneras: 1‘ Mediante Ios Servicios Bancan'os por Internet, ingresando a su cuenta (servicio disponible en inglés Unicamente); 2, Por medio de la app de los Servicios Bancan’os por Mévil de Capital One para dispositivos electrénicos aprobados (servicio disponible en inglés Unicameme); 3. Mediante el Sistema Opencrom de Respuesta. llamando al nomero de tele’fono aparece al frente de este estado de cuenta y siguiendo las instrucciones; 4. Mediante el envio de pagos por correo postal con el cupén de pago o Ia informacién de su cuenta a la direccién de pago indicada al frente de este estado de cuenta. ¢Cuéndo Acreditarén Mi Pago? c Los pagos por mévil, por Internet o por teléfono se acreditara'n el dia laboral en que Ios recibamos, siempre como se hace por 8 p.m., Hora del Este. o Los pagos por correo se acreditarén el dia laboral en que Ios recibamos, siempre y cuando se reciban a ma's tardar a las 5 p.m., hora local, en nuestro centro de procesamiento. Debe enviar la parte inferior de este estado de cuenta y su cheque a la direccién de pago que aparece al frente de este estado de cuenta. Haga sus envios por correo postal con al menos siete (7) dias laborales de anticipacién. Es posible que pagos enviados por correo postal a cualquier otra direccién, o pagos hechos de cualquier otra manera, no se acrediten a su cuenta el dia que los recibamos. EZEGUIEL DUREO #0660: Payments, Credits and Adjustments Date Description Amount Sep 11 BED BATH & BEYOND #3ISDALY CITYCA - $125.03 EZEQUIEL DUREO #0660: Transactions Date Description Amount Oct 7 MACYS SERRAMONTEDALY CITYCA $82.74 Oct 7 MACYS SERRAMONTEDALY CITYCA $129.41 EZEQUIEL DUREO #0660: Total $21 2.1 5 Total Transactions for This Period $212.15 Date Description Amount Oct 9 PAST DUE FEE $38.00 Total Fees for This Period $38.00 $64.15Interest Charge on Purchases Interest Charge on Cash Advances $31.71 Interest Charge on Other Balances $0.00 Total Interest for This Period $95.86 $140.00 $853.21 Total Fees charged Total Interest charged Your Annual Percentage Rate(APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Rate Purchases 26.65% P $2,928.78 $64.15 Cash Advances 26.65% P $1,447.92 $31.71 P,L,D,F = Variable Rate. See reverse of page 1 for details. You were assessed a past due fee because your minimum payment was not received by the due date; To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. Page 2 of 3 Visa Platinum Account Ending in 0660 Sep. 13, 2018 - Oct. 12, 2018 | 30days in Billing Cycle 300084 Stay on top of you r credit score. Monitor your credit score with CreditWise' built right into the Capital One' mobile app. @wgifliflyiggflge‘gggggl If you pay your statement's New Balance in full by (he due date, we will not charge you interest on any new transactions that post to (he purchase segment. If you have been paying your account in full with no Interest Charges. but then you do not pay your nexi New Balance in full, we will charge imerest on the pomon of the balance that you did not payv For Cash Advances and Special Transfers, we will start charging Interest on the transaction date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information» mmMengLargLamfldl Interest Charges accrue from the date of the transaction or the first day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it i5 paid in full, This means you may owe Inte(est Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so (he previous Billing Cycle. Unpaid Inkerest Charges are added lo the corresponding segment of your account Do vou assess a Minimum Interes‘ Charqe? We may assess a minimum Interest Charge of 50,00 for each Billing Cycle If your accoum is subject t0 an Interest Charge. How do you Calculate the Interest Charge? We use a method calied Average Daily Balance (mcluding new transactions). .First. for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the prevuous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segmem. However: if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment ate not added ‘0 the daily balance. Next, for each segment. we add the daily balances together and divide the sum by (he number of days in the Billing Cycle. The result is \he Average Daily Balance for each segment, 3. At the end of each Biliing Cycle. we multiply your Average Daily BaIance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billmg Cycle. We add the Interest Charges for ail segments together. The result is your total Interest Charge for the Billing Cyclev The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation secnon of this Statement. NOTE: Due t0 rounding or a minimum Interest Charge, this calculation may vary slightly from the Interes‘ Charge actually assessed. How can my Variable APR change? Your APRs may increase 0! decrease based on one of the following indices (reported in The Wail Street Journal ). The letter code below corresponds with the letter next lo your APRs in the Interest Charge Calculation section of this statement. yo Code next t0 I How do we calculate your APR(s)? When your APR(s] will change your APR(s) Index + margin P Prime Rate + margin The first day of the Billing Cycles L 3 month LIBOR + margin ending in Jan, April. July, and Oct. D Pn'me Rate + margin The first day of each Billing Cycle. F 1 month LIBOR + margin How can l Avoid Membership Fees? If a Renewal Notice is pn'nted on this statement. you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Billing Cyde covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. flow can l Close My Account? You can contact Customer Service anyflme to request that we close your account, How do l Make Payments? You may make your payment in several ways: 1‘ Online Banking by logging into your account; 2. Capita‘ One Mobile Banking app for approved electronic devices; 3. Calling the telephone number listed on the front of this statement and providing me required payment information; 4. Sending mail payments to the address on the front of this statement wim the payment coupon or your account information. 00] How do you Process Payments? When you make a payment, you authorize us t0 initia‘e an ACH or e|ectronic payment that will be debited from your bank accoum or other related account‘ When you provide a check or check information lo make a payment, you authorize us to use information from the check lo make a one-lime ACH or other electronic transfer from your bank accounl‘ We may also process i1 as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. When will you Credit My Payment? v For mobsle, online or over the phone, as of the busmess day we receive it. as long as n is made by 8 pm. ET. - For mail, as of the busmess day we receive it, as long as it is received by 5 pm. local time at our processing center You must send the bottom portion of this statement and your check to the payment address on the front of this statement Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance wifih the lowes‘ APR (including 0% APR), and then to balances with higher APRs. We apply any pan of your payment exceeding your Mmimum Payment to the batance with the highest APR. and then ‘0 balances Wlth lower APRs. Billinq Riqhts Summary (Does not Apply to Small Business Accounts) What To Do If You Think You Find A Mistake 0n Your Statement : If you think there is an error 0n your s‘atement, write t0 us at: Capital One PO. Box 30285 Salt Lake City‘ UT 84130-0285. In your letter, give us the following information: v Account information Your name and account number. o Dollar amount: The dotlar amount of the suspected error. o Description of Problem: If you think there is an erior on your bill, describe what you betieve is wrong and why you believe it is a mistake You must contact us within 60 days after the error appeared on your statement. You must notify us 0f any poteniial enors in writing You may call us or notify us electronically. but if you do we are not required to investigate any potenn'al errors and you may have lo pay the amount in question. We will notify you in writing Within 30 days of our receipt 0f your letter. While we investigate whether or not there has been an error. the following are true: o 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 wiH not have (o pay the amount in question or any interest or other fees re‘ated lo that amount, o While you do no! have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your baIance. o We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your lener, we wiH send you a wn'tten notice explaining either that we conected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatisfied With Your Purchase: If you are dissatisfied with the goods or services that you have purchased with your credit card. and you have tried in good faikh to correct the problem with \he merchanL you may have the right not to pay the remaining amount due on the purchase To use this right. me following must be true: 1) 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; and 2) 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 wn'tjng at: Capital One P,O. Box 30285 Salt Lake City, UT 84130-0285. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation we will tell you our decisxon‘ At that pomt. 1f we Lhmk you owe an amount and you do not pay we may repon you as delinquent © 2016 Capiia! One Capital One is a federally registered service mark ETC-08 11(01/16 EXHIBIT C AA_0127 File No.1 20-37262 001 Page 1 of 4 Visa Platinum Account Ending in 0660 Mar. 13, 2019- Apr. 12, 2019 l 31 days in Billing Cycle i 7 ?Payfnie'nf info'r'hét'isfi: ' I 7' .Jj’i’Ajc'c'qunt stunimfajriyr‘r 3‘ ” Payment Due Date For online and phone payments, previous Balance $5,257.59 PAST D U E the deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $5:38O- 18 $5y380- 18 Transactions + $0.00 IMPORTANT ACCOUNT UPDATES; C35“ AdVances + $000 Your full balance is due. Any payment you make will reduce your balance Fees Chargecj + $000 and help pay off your debt faster. The amount you owe may differ if you've entered into a separate payment agreement. InteYESt ChargEd + $12259 New Balance = $5,380.18 Available Credit (as of Apr. 12, 2019) N/A 300079 CapifiaEOnea Account Notifications G) Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobile app or at awwwwcapitalone.com. Customer Service: 1-800-258-9319 See reverse for Important Information i.Va a cambiar de direccién? chdmh “edea°°;P:,f°5?t _ Puede cambiar su direccidn ingresando a su cuenta en Internet o llamando a Servicio al u e. acer e page. .e I ere” 9,5 maneras' . . . . . Cliente‘ 1. Mediante los Semcuos Bancanos por Internet! mgresando a su cuenta (servumo disponible en ingle's L'micamente); 2. Por medio de Ia app de los Servicios Bancarios por Mévil de Capital One para dispositivos electrc’micos aprobados (servicio diSponible en inglés Unicamente); 3. Mediante el Sistema Opencrom de Respuesta, llamando al namero de teléfono aparece a! frente de este estado de cuenta y siguiendo Ias instrucciones; 4. Mediante el envio de pagos por correo postal con el cupc’m de pago o la informacién de su 1' Pague usando nuestra app mévil cuenta a Ia direccién de pago indicada al frente de este estado de cuenta. LCuéndo Acreditarén Mi Pago ? o Los pagos por mévil, por Internet o por teléfono se acreditaran el dia laboral en que los recibamos, siempre como se hace por 8 p.m., Hora del Este. o Los pagos por correo se acreditarén el dia laboral en que los recibamos, siempre y cuando se reciban a mas tardar a las 5 p.m., hora Iocal, en nuestro centro de procesamiento. Debe enviar la pane inferior de este estado de cuenta y su cheque a Ia direccién de pago que aparece al frente de este estado de cuenta. Haga sus envios por correo postal con aI menos siete (7) dias laborales de anticipacién. Es posible que pagos enviados por correo postal a cualquier otra direccién, o pagos hechos de cualquier otra manera, no se acrediten a su cuenta el dia que los recibamos. ‘ \ .\ 5 Pague por lntemet en www.capitalone.com No se atenderé ninguna solicitud por escrito en este formulario. Para administrar su cuenta, por favor consulte su estado de cuenta para ver Ias opciones de servicio al cliente. Page 2 of 4 Visa Platinum Account Ending in 0660 Marl 13, 2019 - Apr. 12, 2019 | 31days in Billing Cycle EZEQUIEL DUREO #0660: Payments, Credits and Adjustments Date Description Amount EZEQUIEL DUREO #0660: Transactions Date Description Amount 300079 Date Description Amount Total Fees for This Period $0.00 $84.42Interest Charge on Purchases Interest Charge on Cash Advances $38.17 Interest Charge on Other Balances $0.00 Total Interest for This Period $122.59 Total Fees charged Total Interest charged v 1 il-‘fiteéit: C-ha-FE? Ca'cu'at'on 9’ i: $51,235 ‘ Your Annual Percentage Rate(APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Rate Purchases 27.15% P $3,661.28 $84.42 Cash Advances 27.15% P $1,655.38 $38.17 P,L,D,F = Variable Rate. See reverse of page 1 for details. How can I Avoid Paying Interest Charges? If you pay your statement's New Balance in full by the due date, we will not charge you interest on any new transactions that post to the purchase segment. If you have been paying your account in full with no Interest Charges, but then you do not pay your next New Balance in full, we will charge interest on the portion of the balance that you did not pay. For Cash Advances and Special Transfers. we will stan charging Interest on the transaction date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information. How is the Interest Charge applied? Interest Charges accrue from the date of the transaction or the first day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle. Unpaid Interest Charges are added to the corresponding segment 0f your account. Do vou assess a Minimum Interest Charge? We may assess a minimum Interest Charge of $0.00 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new transactions). .First, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day‘ The result is the daily balance for each segment. However, if your previous statement balance was zero 0r a credit amount, new transactions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment. we add the daily balances ‘ogether and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3. At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges for all segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can my Variable APR change? Your APRs may increase or decrease based on one of the following indices (reported in The Wall Street Journal ). The letter code below corresponds with the letter next to your APRs in the Interest Charge Calculation section of this statement. _x Code next to How do we calculate your APR(s)? When your APR(s) will change your APR(s) Index + margin P Prime Rate + margin The first day of the Billing Cycles L 3 month LIBOR + margin ending in Jan., April, July, and Oct. D Prime Rate + margin The first day of each Billing Cycle. F 1 month LIBOR + margin How can I Avoid Membership Fees? If a Renewal Notice is pn'nted on this statement, you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can l Close My Account? You can contact Customer Service anytime to request that we close your account. How do l Make Payments? You may make your payment in several ways: 1. Online Banking by logging into your account; 2. Capitai One Mobile Banking app for approved electronic devices; 3‘ Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. 00! How do you Process Payments? When you make a payment. you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your paymenL When will you Credit Mv Payment? For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. For mail, as of the business day we receive it, as long as it is received by 5 p.m‘ local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other iocation or payments in any other form may not be credited as of the day we receive them. How do vou Apply Mv Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR). and then to balances with higher APRs. We apply any part of your payment exceeding your Minimum Payment to the balance with the highest APR. and then to balances with lower APRs. Billinq Riqhts Summary (Does not Apply to Small Business Accounts) 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: ‘ CapRal One P.O. Box 30285 Salt Lake City. UT 84130-0285. In your letter, give us the following information: o Account information: Your name and account number. o Dollar amount: The dollar amount of the suspected error. o Description of Problem: 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 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. 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. o While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation. you are responsible for the remainder of your balance. o We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we betieve the bill is correct. Your Rights If You Are Dissatisfied With Your Purchase: lf 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, the following must be true: 1) 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; and 2) 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: Capital One P.O. Box 30285 Salt Lake City. UT 84130-0285. 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. © 2016 Capital One. Capital One is a federally registered service mark ETC-08 11/01/16 201146 Your account has charged off. It is now being serviced by the Recoveries department. Call 1-800-258-9319 if you have questions about this notice.
