Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.April 2, 2021E-FILED 4/2/2021 3:08 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV380831 Reviewed By: R. Cachux 21CV380831 JACK H. POGOSIAN, State Bar N0.: 305741 MANASI TAHILIANI, State Bar No.: 272821 1 CHRISTINA ARNOLD, State Bar No.: 297590 2 HYO JIN JULIA JUNG, State Bar No.: 3 16090 MELINE GRIGORYAN, State Bar No.: 321 133 3 MICHAEL D. KAHN, State Bar No.: 236898 NICHOL ALAN DE GUZMAN, State Bar No.: 314989 4 CAMRYN P. BERK, State Bar No.: 3 17565 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 OF CALIFORNIA COUNTY OF SANTA CLARA 9 DOWNTOWN SUPERIOR COURT 10 MIDLAND CREDIT MANAGEMENT, INC. Case No. 1 1 Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated 13 REGINALDO M ARJON; PRAYER AMT: $1,41 1.23 14 and DOES 1 through 10, inclusive LIMITED Defendant. 15 MIDLAND CREDIT MANAGEMENT, INC, ("Plaintif "), by counsel, sues REGINALDO M ARJON, 16 (“Defendant”) under Account Stated and in support thereof states: 17 l. Plaintiff is authorized t0 do business in CALIFORNIA, with its principal place of 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 stn'ves to treat its consumers, such as 19 Defendant, with respect, compassion and integrity, hoping to provide mutually-beneficial 20 opportunities for consumers to repay their debts and attain financial recovery. 21 2 Defendant is a resident of SANTA CLARA County, State of California and is subject to this 22 Court’ s jurisdiction. 3. Plaintiff is unaware of the true names and capacities 0f Defendants sued by the fictitious names 23 DOES l through 10. Plaintiff will ask leave of court to amend this complaint as and when the 24 true names and capacities of Defendants named herein as DOES l through 10 have been 25 ascertained. 26 Pursuant t0 California Civil Code (“CA CIVIL”) §1788.58(a)(1)-(9), Plaintiff alleges: 4. Plaintiff is a debt buyer as defined by CA CIVIL §l788.50(a). 27 28 _ 1 _ COMPLAINT CA__OI3ZG File No.: 2l-38903 OOQOLII-PUJN \O 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 CA_0132G File N0.: 21-38903 10. 11. 12 13. Defendant established a credit account (the “Account”) with CITIBANK, N.A.. The amount due is the result of transactions that occurred on the Account. Defendant was provided statements evidencing Defendant’s use of the Account and the balance due. Defendant failed t0 make the required payments and subsequently defaulted on the Account on October 21, 2019. 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 of the Bill of Sale from CITIBANK, N.A., t0 Plaintiff. The Account was purchased by Plaintiff on June 19, 2020. The Account balance at the time of charge-off was $1,41 1.23. Plaintiff alleges that the date of default is October 21, 2019 and the date of the last payment was August 28, 2019. The name of the charge-off creditor at the time of charge-off is CITIBANK, N.A.. The address utilized by CITIBANK, N.A. at the time 0f 'charge-off was 5800 SOUTH CORPORATE PLACE SIOUX FALLS,SD 57108. At the time 0f charge off, the account number associated with the debt was XXXXXXXX-XX-6872. The name of the debtor as it appeared in the records 0f CITIBANK, N.A. is REGINALDO M ARJON and the last known address as it appeared in the records of CITIBANK, N.A. is 2249 BLUEBELL AVE SAN JOSE CA 951222502. The name and address 0f all post charge-off purchasers of the debt are as follows: Name Address MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN INC. DIEGO CA 92108 Plaintiff has complied with the provisions 0f CA CIVIL §1788.52. Plaintiff informed Defendant 0f the assignment 0f the Account. Pursuant to CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy of a monthly statement recording a purchase transaction, payment, or 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 t0 Defendant stating the balance due on the Account at 0r around the time of charge-off. -2- COMPLAINT 1 14. 2 3 15. 4 5 6 7 8 9 10 11 16. 12 13 l4 15 16 17 17. 18. 18 19 20 21 19. 22 23 20. 24 21. 25 26 22. 27 28 Plaintiff acquired all right, title, and interest t0 the Account. To the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, references herein to Plaintiff may include Plaintiff s predecessor-in-interest. Plaintiff has attempted to contact Defendant through several means in an effort to resolve the Account, but has been unsuccessful. Defendant has not repaid this debt. Plaintiff works with consumers like Defendant to find mutually acceptable solutions, often offering discounts, hardship plans, and a variety 0f payment options. The majority of Plaintiffs consumers ignore calls or letters, and some simply refuse t0 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 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 CITIBANK, N.A.. Defendant opened and derived benefit from the Account. By using the Account, Defendant expressly or impliedly promised to repay CITIBANK, N.A.. Within the last four years, Defendant became indebted 0n the Account. On the Account, a balance of $1 ,41 1.23 was stated to be due to CITIBANK, N.A. from Defendant. Plaintiff has n0 record 0f 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 of the Account. Plaintiff has made a demand on Defendant for repayment of the Account, but Defendant has failed to pay the balance due. The current balance presently due and owing is $1,41 1.23 which includes payments, set- offs, credits 0r allowances, if any, at or after charge-off. 3 CA_013ZG File No.1 21-38903 COMPLAINT [\J \OOO\IO\UI#UJ 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff requests judgment against Defendant for $1,41 1.23, costs of this action and post judgment interest at the statutory rate. Plaintiff waives any claim for pre- judgment interest and attorney's fees. Dated: MIDLAND CREDIT MANAGEMENT, INC. MAR 2 5 2021 By: L 2/ D JACK H. POGOSIAN D MANASI TAHILIANI YO JIN JULIA JUNG D MELINE GRIGORYAN D CHRISTINA ARNOLD D MICHAEL D. KAHN D NICHOL ALAN DE GUZMAN D CAMRYN P. BERK -4- COMPLAINT CA_013ZG File No.: 21-38903 2AA403125 FJile-Nb: 21-23890; Contract ID: ENSMUMAAOS 1619 Document 1D: EN8MUMAA05 1 7 19C3 Document [D2 060320MC1TH1EMB1 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated June l9, 2020, is by Citibank, N.A., a national bankjng association organized under the laws ofthe United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 ("Bank"), to Midland Credit Management, Inc., a corporation organized under the laws of Kansas, with its headquarters/principal place of business at 350 Camino De La Reina, Suite 100, San Diego, CA 92108 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated May 16, 20 1 9, between Bank, Department Stores National Bank, and Buyer (the "Master Purchase Agreement"), and that certain Addendum No. 3 dated May 17, 2019, between Bank and Buyer (the “Addendum”, and together with the Master Purchase Agreement, the “Agreement”), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts summarized on the Asset Schedule attached hereto as Exhibit A and included in the Final Electronic File. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to infomation for the Accounts summarized on the Asset Schedule and included in the Final Electronic File, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank’s own business records and accurately reflects in all material respects the information in the Bank’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 fiom 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 Bank’s business to maintain and compile such data. CITIBANK, N.A. By: U flSignature) Name; Steven Dasch Title: Authorized Party Encore 05 l 6| 9 Contract ID: ENSMUMAA051619 Document ID: ENSMUMAAOS l 719C3 Document TD: 060320MC1TH1 EMAl Exhibit A to Bill of Sale The individual Accounts transferred are described in the final electronic file named “Encore-THD- Early-Out-Flow-0620” delivered by the Bank to Buyer, the same deemed attached hereto by this reference. # of Lot Sale ID Accounts Sale Amount Cut-Off Date ~ THD 060320MC1TH1EM 6/3/2020 Early Out Flow Encore 05 I 619 Contracr ID: EN8MUMAA05 l6 l 9 Document ID: ENSMUMAAOS l 7 l 9C3 Document ID: 060320MC l TH lEMG 1 AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County 0f Platte Terri Bergman, being duly sworn, deposes and says: Iam an authorized employee 0f Citibank, NA. ("CBNA") located at 5800 South Corporate Place, Sioux Falls, SD 57108, am authorized to make the statements and representations herein, and I am over 18 years of age. In this position, Ihave access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storage of business records. On 0r about June 19, 2020, CBNA sold a pool of charged-off accounts (the "Accounts") by a Master Purchase and Sale Agreement May 16, 2019, Bill of Sale, and Addendum No. 3 dated May 17, 2019, to MIDLAND CREDIT MANAGEMENT, INC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to MIDLAND CREDIT MANAGEMENT, INC. These records were kept in the ordinary course of business of creditor. I am not aware 0f any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. Signed this a (i day of 904.1% . QQQO . Terri Bergman 1 Sworn before me this a c/ day of Dunc: &09‘0 .9 CAROLYN E HUGHES fl\No Pubfic - Notary Seal . Jackson Ocun .Sta‘ecgmmg; #149273“ w Notary Publlc My Commission Expires Jan 26. 2022 (Notary Seal) My Commission Expires:M22 Encore 05l619 Contract ID: EN8MUMAA05 l6 l9 Document ID: ENSMUMAAOS 17 19C3 Document ID: 060320MC 1THlEMG l CERTIFICATE OF CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of Missoum and is a resident of Q/fi County, in the State of MISSOURI ; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of ”330%! ; that the foregoing acknowledgment by Terri Bergman named in the foregoing instrument taken before Carolyn; Efiughea a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. [932ka ‘ mfié‘ucfi Date omey aw 2 Encore 05 l6 l 9 Contract ID: ENSMUMAAOS I6 1 9 Document 1D: ENSMUMAAOS 1 7 19C3 Document ID: 060320MC l TH lEMG 1 AFFIDAVIT 0F SALE OF ACCOUNT State of Missouri County of Platte Terri Bergman, being duly swom, deposes and says: I am an authorized employee of Citibank, NA. ("CBNA") located at 5800 South Corporate Place, Sioux Falls, SD 57108, am authorized to make the statements and representations herein, and I am over 18 years of age. In this position, Ihave access to the creditor’s books and records and am aware of the process 0f the sale of accounts and electronic storage of business records. On or about June 19, 2020, CBNA sold a pool of charged-off accounts (the "Accounts") by a Master Purchase and Sale Agreement May 16, 2019, Bill of Sale, and Addendum No. 3 dated May 17, 2019, to MIDLAND CREDIT MANAGEMENT, INC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to MIDLAND CREDIT MANAGEMENT, INC. These records were kept in the ordinary course of business of creditor. I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best 0f my knowledge. Signed this a g day of gQi/ULL . 3030. Terri BergmanU v Sworn before me this a c/ day 0f 36"“: , &Oa'0 . CAROLYN E HUGHES fl\No Pumic - Notary Seal . Jankson Coun ISta‘ece’fmmfl #149273“ W Notary Publlc My Commission Expires Jan 26. 2022 (Notary Seal) My Commission Expires: 'Janua'Y 25- 2°22 Encore 051619 Contract ID: ENSMUMAAOS 16 l9 Document ID: EN8MUMAA05 l7 19C3 Document ID: 060320MC 1TH IEMG l CERTIFICATE OF CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an attomey at law duly admitted to practice in the State of MISSOURI and is a resident offl/ g County, in the State of MISSOURI ; that he/she is a person duly qualified t0 make this certificate of conformity pursuant to the laws of the State of mgqgnugg ; that the foregoing acknowledgment by Terri Bergman named in the foregoing instrument taken before Welwiuugheg a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. [gm ”*5/90? Date omey aw Encore 05 I619 Field Field Data Account Number _872 First Name REGINALDO Middle Name M Last Name ARJON SSN XXX-XX-9052 Date of Birth - Address 1 2249 BLUEBELL AVE City SAN JOSE State CA Zip 951 222502 Home Phone 2098274304 Open Date 01/26/2013 Last Purchase Date 06/23/2016 Last Purchase Amount $97.25 Last Payment Date 08/28/2019 Last Payment Amount $1 00.00 Sale Amount $1 .41 1 .23 Charge Off Date 04/27/2020 Charge off Balance $1 ,41 1 .23 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments $0.00 Post Charge off Payments and Credits $0.00 Post Charge off Credits $0.00 Affinity THE HOME DEPOT CONSUMER CREDIT CARD Account information provided by Citibank, N.A. pursuant to the Bill of SaIe/Assignment of Accounts transferred on or about 06/19/2020 in connection with the sale of accounts from Citibank, N.A. to Midland Credit Management, Inc. Encore-THD-EarIy-Out-Flow-0620 EXHIBIT TB”, AA_.0:1’T'2“6 Fi'léN'cxe/‘azl9.3890;- Account Statement Send Notice of Billing Errors and Cmtomer Service Inquiries to: Customer Service: HOME DEPOTCREDITSERVICES _ ' ‘3 homede 0t comm card P3 30A 790328.3t. Lous,MO%|79 'fi m Home D6901 Accounpt lr-Iquirieys' ' ' W V ’ ” ¥ ' c p. A CO W" 1-300-677-0232 VA°°°Zum Number _ _ , ._ 5872 r , _ N r ’ . - 1Summary of Acc0unt Actmty Payment Information Previous Balance $1 .0682? New Balance $990.1 6 Payments -$1 00.00 Minimum Payment Due $32.00 Other Credits -$0.00 Payment Due Date October 20. 2019 Pumhases +$0'00 Late Payment Warning: If we do no! receive your minimum payment by the Fees Charged +$0-00 date listed above, you may have lo pay a late fee up to $35. Interest ChaIQEd +$21 .89 Minimum Payment Warning: If you make only me minimum payment each New Balance $990. 1 6 period. you will pay more in interest and it will take you longer to pay off your $0 00 balance. For example: \PaSt Due Amount '# ”yd" ffiakéfnéadldilional ' ”You 7wmjp'ay:ofl the': V And you wm' FCredu Limit $1400.00 W 'mfifiargerfU91ngm'S¢af¢ ‘ *balanceshown on rms' enduppayingan . '. ' eac mon ou - ' -‘. -‘ ' -- Avallable Credit $409.00 ‘ . . I Y Pay stahementm about... 7 eslunatedtqtalofi... Amount Over Credit Limit $0.00 Only me minimum payment 6 years $1,945 Statement Closing Date 09/23/201 9 $40 3 years {Sawfg‘wfsssow Next Statement Closing Date 10/244201 9 g @ays in Billing Cycle 3p Qtyou would [Ike Infunnatlun about medllcounsellng selvlues, call 1-877-337-8187. J Your Minimum Payment Due is $3200. If you paid your non-promotional (revolving) balances and any expiring promotional balances in full on your last statement, you can avoid interest charges on any new non-promotional (revolving) balances and any expiring promotional balances it you pay $990.16 by 10/20/19. Otherwise. inlerestwill accrue from your statement closing date until we receive your payment. The “How to Avoid Paying Interest on Purchases" section on page 2 has more inlormation. Please update your phone number, including cell phone number on lhe back of the payment coupon. Marketing offers included in this statement are intended lor residents of the United States and its Territories. TRANSACTIONS 77 , Trans Dale Description Reference at Amount oafze DEBIT CARD PAYMENT-THANKYOU TN P9194007GEKSGMPQB S 100.00- FEES 7 7 N TOTAL FEES FOR THIS PERIOD S 0.00 PLtASt Stt IMPUH I ANI INI-UHMAI ION 0N PAGt 2. Page 1 ot 6 This Account is Issued by Citibank, N.A. O Please detacn_an:!_retu_rg lgmfir_p_ortio_n_with your pay‘nerlt to_insg’_9_gr9_p§:_§'_egi_t._ flap}: uiogigonign fgr yo_J-r rggorgg." 0 Inn mu Inmu """"""""" YourAccount Number is- 6872 fllllfll SHEA] Pom ANDPW " Payment Due Date October 20. 2019 ‘ FEW mflmal braids ~ Etching 79mg}; 7 om mgm‘aznanfewo “lam New Balance $990.16 . Mb. MO 0.51.9 r r, . "ng ' Past Due Amount $0.00 Mlnlmum Payment Due $32.00 Sbhernent Enclosed ‘ - ‘ ' Amount Enclosed; s Please print address changes 0n the reverse side. Make Checks Payable tov HOME DEPOT CREDIT SERVICES HEGINALDO M ARJON PO BOX 78011 2249 BLUEBELL AVE PHOENIX, AZ 85062-8011 SAN JOSE: CA 95122-2502 UBUUU UUUBEUD UU‘HULE UULUDDU UbB?E 1.51.? Information About Your Account. How to Avoid Paylnq Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date ead1 month. This is called a grace period on purchases. To get a grace period on purchases you must pay the New Balance by the payment due date every billing cycle. If you have a balance subject to a deferred interest or 0% APR promotion and that promotion does not expire before the payment due date. that bafance (the "excluded balance") Es excluded from the amount you must pay in full to get a grace period. However, you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first. the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded balances in full by the payment due date each billing cycle. We may refer to deferred interest promotions as No Interest promotions. In adcfition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may 3B0 allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. For each balance. the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front o? the statement incficates the method we use to calculate interest charges. For Methods C. H and M, we use a dairy balance method (induding current transactions) to caICulate interest charges. For Methods l and L, we use an average daily balance method (inclumng current transactions) to calculate interest charges. For Method K. we use an average daily balance method (excluding current transactions) to calculate interest charges. To find out more information about the balance computation method that applies to your account and how the resulting interest charges were determined. contact us at Customer Service number on the front. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However. you must pay. by the payment due date. at least the minimum payment due. When Your Payment Will Be Credlted. If we receive your mailed payment in proper form at our processing facifitv by S p.m. local time there. it will be credited as of that day. A payment received there in proper form after that time will be crecflted as ot the next day. Allow 5 to 7 days for payments bv regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or '5 not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address (or express mail is shown in the Express Mail section. Proper Form. For a payment sent by mail or courier to be in proper form, you must: - Encfiose a valid check or money order made payable to Horne Depot Credit Services. No cash. gift cards. or foreign currency please. - Include your name and the last four digits o! your account number. Payment Other Than By Mail. - In-Store Payments. For your added convenience. payments can be made at The Home Depot stores, with no service fee. Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subiect to verification of funds. Online/AutoPay. Go to the URL on Page 1 of your statement to make a payment online. You can also enroll in AutoPav and have vour payment amount automatically deducted each month from the payment accOunt you choose. Phone. Call the number on Page1 of your statement to make a payment by phone. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of Paqe1 within the time period disclosed to you on the phone. There i5 no fee for making a payment using our automated voice response system. KEY CREDIT TERMS ‘Promoflon Terms - Express Mall. Send payment by express mail to: Consumer Payment Dept. 6716 Grade Lane, Building 9. Suite 910. Louisville. KY 40213. ‘ Credifinq Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments. and Express Mail payments is midnight Eastern time. This means mat we will credit your account as of the calendar day. based on Eastern time. that we receive your payment request If you send an eligible check with this payment coupon, you authorize us to complete your payment by etectronlc debit. I! we do, the checklnq account will be debited in the amount on the mock. We may do this as soon as the daym receive the check. Also, the check will be destroyed. Credit Reporting kautes. We may report information about your account to credit bureaus. if you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification. R0. Box 6497, Sioux Falls, SD 57117. Report a Lost o: Staten Card Immediately. Call the Account Inquiries number shown on Page 1. What To Do If You Think You Find A Mistake On Your Statement. If you think there i5 an error on your statement. write to us at the address for billing errors and customer service inquiries shown on PageI of vour statement. In your letter, give us the following information 1. Account information: Your name and accuunt number. 2. Dollar amOunt: The dollar amount of the suspected error. 3. 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 mav 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 trv 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, it we determine that we made a mistake. vou will not have to pay the amount in question or any interest or other fees related to that amount. 1 While you do not have to pay the amount 'tn questlon. you are responsible for the remainder of your balance. ' We can apply any unpaid amount against your credit Iim'rt. Your quhts If You Are Dlssatlsfled 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 are necessary if your purchase was based on an adwrtisement we mailed to you, or il we own the company that sold vou 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 1qu paid tor the purchase. Il‘ all o! the criteria above are met and you are still dissatisfied with the purchase, contact us gr; yyfltqu at the address for billing errors and customer service inquiries shown on Page1 of your statement. While we investigate. the same rules 3.9va to the disputed amount as discussed above. Afier we finish Our Investigation, we will tail you our decision. At that point, it we think you owe an amount and you do not pay. we may report you as delinquent. With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card. APR: 17.99% - 26.99%. Minimum interest charge: $2. See card agreement for details including APR applicable to you. Offer vaiid for consumer accounts jELQQQE!,.5!?fldlfliéflflnmS.EDEUS‘EXELEQJIQEEE E!DfigjgdlérfleflEDQUEDQQCQJ..§§€§IQEQIQL99E15- Hu-aws-uwuouuz-H-ouo-2:>A w- -u- -9b +'.I-H- - -u - Y -:'.'-U- N- - - 45-3- -HJ:5 4:: - -u-o- - r - - -5A21b- - HD APR19 - - 2) - U -:'!~ U1.’Zbfll - 01301313 - BU - August 23. 2019 Page 2 of 5 Please provide change of address and updateladd your phone numbers'here: (Use blue or black ink.) 'Cell: 'Phona: By giving us a cell number or a number laser convened to a cell number, you agree that we or our service providers can conkact you at that number by autodialer. recorded or artificial voice, or a text. Your phone plan charges may appry. BEAUTIFUL WINDOW TREATMENTS AND SAVINGS YOUR WAY M ln-Stnck Options: Free mt-to-width ln-store. guaranteed to fit w Custom Opu'ons: Free expert design help in-store. online or by phone E In-Home Custom Design: Complete professional design asslstance Visit homedepot.comlblinds today Account: *itflf ***,* t*** 6872 IRANSACTIONS (cont) 7 Trans Dale’ Description Reference # Amount INTEREST CHARGE_D 09:23 INTEREST CHARGE ON PURCHASES S 21189 TOTAL INTEREST FOR THIS PERIOD “5 21 .89 W f 201srotalsve Total Fees Charged in 2019 $208.00 Total interest Charged in 2-019 $220.00 ACTIVITY AND PROMOTIONS DETAIL Origlnal I Promotion Promotion Paymenw Purchasefi. Promotion Deferred Promotion Trans Trans Previous & Other Fees & lnleresl _ New Minimum Interest Expiration Am‘ount Dale Balance Credits Other Debim Charged Balance Payment Due Charges Date PURCHASES Revdlving Balance - - $1 ,06827 $100.00- $21 .89 $990.4 6 - - TOTAL $1 ,068.27 $100.00- $0.00 $21 .89 $990. 1 6 $0.00 $0.00 INTEREST CHARGE CALCULATION . r. PURCHASES Annual Rafe B the .89 est on your accounl. fiéfigTQE‘éfl @%E&§§ ?@Rim FEE DESIEN SEMI!“ AT YOUR LOGAl STORE mmwmxmmmmmmgmmIbaxsadendlmregswed.mmmmmmmbyormbemflofimHmDemeSA. m‘mawfiameihamdemtwnflmmmmwmmsmmmmmflmmm.MWMIWNWWWWALmZBQ. 1924zl¥<25m41 AZ R00252635,mam; AR 2281mm; CA @2331; CT Hiamflzz DC 42021m109, 4105170m372;KW OGC1514313: GARENEW.W; H! 01122120; IDmam: lAOO91302; LA 43w. 557308. 8&1fi: MD 85434. 42144: MA 112‘Ifl. CS-107774: MI 21010699132. almfim MN Emuzm: MS flm-Mc; MT 37730: NE 26085: NV-GBfisa: NJlmnfim NM mm: NC 31621: ND 29073: OR $5843: The Harte Depot U.S.A.. Inc. Esa Reg‘aiemd General0mm tnmm {$3M and ha RegistrwmNW ls 9480:E GLGHO'QO; TN 47781; UTWW1; VA 2105-0838“; WAHOMBREWWMM; WI 1048798. 64$ PageSofS wamav ~. _ FWARCH‘iG OWENS m Same-Day lnstaflafion whan you call beIore 12 noon. Monday-Frlday and Irva within. 30 mikes ot a Home Depot ' E Local. Licensed and Insured Plumbers EFm Deumy and Haui-Away HOME Can 1-8WH0M505P0T or visit , 2% SERV'CES hemedepobcondwafierheaterinstall LB! us do it fur you. mmwin'meflamas. TanusssurzzsmeymufiemmmmoneaayMWWWWWWMCRW.im fmedmé’ohmfimed. mmmgatraflmnummrfid wmmxmlofmmnemufiit Inc.mmmaimmmtngmatmsmsmmWi-imm Dem gum. emu: speak. mmnWW.Mum M 25034. An 2231mm nmxs A2 Roczsm P3009259» CA m1 c7 MC.533772 HM.WWW. DC42m.Mi .OPkMOTG. DE Rm473:Rmm. 0801514813. GCMZGW; GAWOHECT 22120;\Dm-1m: [L(Efl- 18244;WPLHW. M557m R&IQ LMP 6987. MD&5434 42144 31589' MA 212785, 9875,- MEWIGSAM; Mlflmmfl. mmmm; MN BCldfzm PCIATZfiWWW. WHG; MT PLU-PM-UG-m‘ffid‘ Nflflffl; HD1W, {$5 1m. NH 4824. GFEDBOQSOT. NMW. PW M538: NJ 1W2? SN‘ OHM: 0K91910. 106339.0RW; MIWWUHSA lm. Sawflwmwmmwmm’anflmdfiskfimmmmm: SCGLGHHO‘E M-104779; SD WaivMbafi‘HOd-164m FLMvTX- H1108-16-18350. TN 47781 $99. 3577; TX M 18451: VA ??fibwmt VT Pmm: WA HUMMER WAfiHmmmd WVOSSHM. maigmoepwwmmnmuc Aflmm @AERNEE' MAKEQVER > 'F HOME > 7 w c SERVICESA NEWmm m mgmg mfime U Continue using your Kitchen and appliances during the quick, 3~5 day install El Add a countertop, badasplash. lSEand, cabinet lighting or Irmablnst organizaflon features u Choose from a wide variety of color. styia. and finish options CALL 1MHOMEDEP5? or visit homedepotcom/mbinet-mahaover to scheduie a FREE in-home consulbfion. ThaHumszocdSsMcermsmdedmmd. murad. 0mm and/wmgtszsred UmamglsfihonnumbemhedbymonbemflofmaHQmeDeym U.8A ht; am avamzme a! humanepoz.mfliam’rmmbera or 51 Ehe Spwlai Sam Desk in The Harte mom 31m. Stale spawn Loam imormatmn Induces: AL 51289 1924; AK 250.34; AZ 800252435. 300082581; AR 228160518: CA 802351: CT P41053377? DC GZOZMDOOWQ. 410517000872; FLW. OGC1514813; GAWVE,W0: HI 0122120: ID RCE-19883: IA 0091802: LA 43850. 557308. 833169; MD 85534. 42144: MA H2736. 03407174; M1 2‘01089942. 2‘02! 1%89: MN BCM?2832 MS 22mm: MT 37730: NE 26995; NV 38836: NJ 13\M092775001 NM $6302; NC 31521: ND 29072; 0R 95843; 'ma Harm Depm USA. Inc. ‘m aW (imam! mama: in Rhodamm anfl Emmm Number a 9480; SC GLGHOWO, TN 477’81; UT 236336-5501; VA 2705mw1; WA HOMEDWH; WVWlm3104;W 1048736.0fiwWWW“ 12(58" WiandHDOC bum, M @QIQGEE E&ESTF SAWBEQ SPEQIAI: IW a Google Nest Hello video doorbell a HD video deilvers bdgm, cfiap Images day 0r nbht‘. aSmrtenoughtodetectapetson.mm alert you even if they don" ring. GEE a Google Nest Hub Ffee (a $18 value»? :2 Get hands~free help from the Google Asslstant a Control your connected home fmm a si la dashboard. W“ Buy in store or at hnmedepotconflaoogiefises‘tcffer m n9 mmmm x ‘ teday and see a" m_e ways G009” Hem HUb mfimwm Whgg'Oflm valid W18 to11m ' makes your life casser. memmmwmw Nimresaved m“ Pwe4 of6 3313.09AWN; 33995555rihkware and Moreafiflgosgamgm I ”mmmmmmmmmmmmmmmuc wmam-'-'m-* Paw 5. 9TB Pfiéfiififfi EXHIBIT C AAHQI‘2:7"Fi'leiNor; 221533993: Account Statement Send Notice of Billing Errors and Cusmmar Service Inquiries to: HOME DEPOT CREDIT SERVICESCustomer Service: D . , homedepot com/mycard . O Box 790328. St. Louns, .VIO 33179 The Home Depot r: .-’ m -. n 3:;0mm“ 0’9“" 03’“ I Account Inqu'r'es' ‘Aecount‘Numbe’r-_68721-866-458-7683 I .7. ‘ . r. 3. ,7 3,; F , , N F , N Summary of Account Actmty Payment Information Previous Balance $1 347.06 New Balance $1 .41 1 .23 Payments -$0.00 Minimum Payment Due $543.00 Other Credits -$0.00 Payment Due Date May 20, 2020 PurChases +$0'OO Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35-00 dale listed above, you may have to pay a late fee up to $35. II'IteI'ESt Charged +$29-17 Minimum Payment Warning: If you make only the minimum payment each New Balance $1 I41 1 23 period, you will pay more in interest and it will take you longer to pay off your P D A $464 00 balance. For example:kw ”e mount ' J If YOU makeno wfional' You wm pay off the' ' And youzwiu @redit Limit $0.00 W charges usmg-thls card balance shown on this end up paying an ‘ Available Credit $0.00 and eaCh'm'OF‘m'YOU PaY'm statementin about... esyimated toga! of... ‘ Amount Over Credit Limit $21 1 .23 only the mm'mum payment 6 yea” $2" 88 ‘ $2.047Statement Closmg Dgte 04/23/2020 $57 3 years (Savingkwm Next Statement Closung Date 05/24/2020 KDays in Billing Cycle 30 J wyou would like information about credit counseling services. call 1-877-337-8188. J Your Minimum Payment Due is $543.00. If you paid your non-promotional (revolving) balances and any expiring promotional balances in full on your last statement. you can avoid interest charges on any new non-promotional (revolving) balances and any expiring promotional balances if you pay $1 .41 1 .23 by 05/20/20. Otherwise. interestwill accrue from your smtement closing date until we receive your payment, The “How to Avoid Paying Interest on Purchases" section on page 2 has more information. Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Dale Description Reterence # Amount FEES 04/20 LATE FEE S 35.00 TOTAL FEES FOR THIS PERIOD S 35.00 a HD 15 This Account is Issued by Citibank. N.A.PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 ol‘ 4 Your Account Number is- 6872 V Payment Due Date May 20, 2020 Po. 790393 New Balance $1,411.23 3t. Lou's. MO 53179 For ro er credit lease writeH 6872 Past Due AmountT $464.00 0n Your CheCk am 9nC'059 Minimum Payment Due $543 00 with this payment coupon. ? ---- ~-~~ -- ~ v r- 7- » r - -~- --- _ ‘ Statement Enclosed Amount Enclosed $ L7 TPast Due Amount Is included In the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable tov HOME DEPOT CREDIT SERVICES REGINALDO M ARJON 2249 BLUEBELL AVE SAN JOSE, CA 95122-2502 DBUDU PO BOX 78011 PHOENIX, AZ 85062-8011 DDSHBDU ULHLLEB UDLUDDU Ub673 1:51;]; Informatlm About Your Account. How to Avoid Paving Interest on Pumhases. Your payment due date is at least 25 days after the close of each billing Cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases you must pay the New Balance by the payment due date every billing cycle. If you have a balance subject to a deferred interest or 0% APR promotion and that promotion does not expire before the payment due date, that balance (the "excluded balance") is excluded from the amount vou must pay in full to get a grace period. However. you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first. me deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded balances in full by the payment due date each billing cycle. We may reler to deterred interest promotions as No Interest promotions. In addition. certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may atso allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. rf either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subiect to Interest Rate. For each balance. the lettef following the Annual Percentage Rate in the Interest marge Caiculation section on the front of the statement indicates the method we use to calculate interest charges. For Methods C. H and M. we use a daily balance method (including current transactions) to calculate interest dwarges. For Methods I and L. we use an average daily balance method (Including current transactions) to calculate interest charges. For Method K. we use an average daily balance method (excluding current transactions) to calculate interest charges. To find out more information about the balance computation method that appfies to your account and how the resulting interest charges were determined. contact us at Customer Service number on the front Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However. you must pay. by the payment due date. at least the minimum payment due. When Your Payment mu Be Credited. If we receive your mailed payment in proper form at our processing facility by S pm. local time there. it will be credited as of that day. A payment received mere in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is shown in the Express Mail section. Proper Form. For a payment sent by mail or ceurier to be in proper form. you must: - Endoso a valid check or money wder made payable to Home Depot Credit Services. No cash. gift cards, or foreign currency please. - Include your name and the last four digits of your account number. Payment Other Than By Mall. - ln-Store Paymens. For your added convenience. payments can be made at The Home Depot stores, with no service fee. Any payment in proper form accepted in'store will be credited as of that day. However. credit availability may be subject to verification of funds. - Onflne/AutoPay. Go to the URL on Page1 of your statement to make a payment online. You can aiso enroll in AutoPay and have vour payment amount automatically deducted each month from the payment account you choose. - Phone. Call the number on Page1 of your statement to make a payment by phone. For phone payments. you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you incficate on the phone. You may cancel a phone payment by calling us at flue Customer Service number at the top of Paqe1 within the time period disclosed to you on the phone. There is no fee for making a payment using our automated voice respome system. KEY CREDIT TERMS 'Promotion Terms - Express Mail. Send payment bv express mail to: Consumer Payment Dept 6716 Grade Lane, Building 9. Suite 910, Louisville, KY 40213. - Crodldnq Payments other than by Mail. The payment cutoff time for Online bHI payments. Phone payments. and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar day. based on Eastern time. that we receive your payment request If you send an engine meek with this payment coupon. you authorize us to oompiete your payment by etectronlc debit. If we do. the checking account will be debit“ In the amount on the meek. We may do this as soon as the daym receive the check. Also. the check will he destmyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information. please write us at: Credit Bureau Dispute Verification. P.0. Box 6497, Sioux Falls. SD 57117. Report a Lost or Stolen Card Immediatefy. Call the Account Inquiries number shown on Page l. What To Do If You Think You Find A Mistah On Your Statement. If you think there is an error on your statement. write to us at the address for bining errors and customer service inquiries shown on Pagel of your statement. In your letter, give us the following infonnatiott 1. Account infomatiom Your name and account number. 2. Dollar amount The dollar amount of the suspected error. 3. 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, 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 tollowing are true: - We cannot try to coltect 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 marge you interest on mat amount. But. if we determine that we made a m'stake. you will not have to pay the amount in question or any interest or other fees related to that amOunt. ' White you do not have to pay the amount in question. you are responsible for the remainder of your balance. - We can apply any unpaid am0unt against your credit lim'rt. Your Rights If You Am Disaflsflod 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. yea may have the right not to pay the remaining amount due on the purchase. To use this right. all of the foliowing 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 are necessary if your purchase was based on an advertisement we mailed to you. or if we own me company that sold you the goods or services.) . Z. You must nave 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 quafify. 3. You must not vet have fully paid for the purchase. If all of the criteria ab0ve are met and you are still dissatisfied with the purchase. contact us i1 writing at the address for billing errors and customer service inquiries shown on Page1 of your statement. 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. it we think you owe an amount and you do not pay. we may report v0u as delinquent. With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card. APR: 17.99% - 26.99%. Minimum interest charge: $2. See card agreement for details including APR applicable to you. Offer valid for consumer accounts in good standing; 6 months everyday cred‘rt offer is subject to change without notice; see store for details. IN-HD-9196-0400-0002lel-OOO-ZSA-I'Cl-E -O-X-95-/DI'-R- - -0-N-/'El-7- - 4GI-N- - . ./HI.0- .HDEB-m- - -o-o- - 4J/- - - -6A215- - HD APR‘IQ ~N- -O -0 -/F/-01/25/17-01l01i13- 37 - Vlarch 24. 2020 Page 2 of 4 Please provide change of address and update/add your phone numbers'here: (Use blue or black ink.) 'Cell: ‘Home: ‘Phone: By giving us a cell number or a number later converted to a cell number. you agree that we or Our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. ACCOunt. **** **** **** 6872 TRANSACTIONS (cont) Trans Dale Description Reference tr Amount INTEREST CHARGE_D 04/23 INTEREST CHARGE 0N PURCHASES s 29.17 TOTAL INTEREST FOR THIS PERIOD s 29.17 I 2020 Totals Year-to-Date . , Total Fees Charged In 2020 $140.00 Total Interest Charged'In 2020 $1 09.53 ACTIVITY AND PROMOTIONS DETAIL Original Promotion Promotion Paymenm Purchases. Promotion Deferred Promotion Trans Trans Previous 8: Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Chargw Date PURCHASES Revolving Balance - $1 ,347.06 - $35.00 $29.17 $1 .41 1 .23 - - - TOTAL $1 347.06 $0.00 $35.00 $29.17 $1 ,41 1.23 $0.00 $0.00 INTEREST__C~HARG_E CALCULATION m W WWYgur Annual Pegcgpfgge Rate (APR) is thqgg_ny§jjgge§jwrme on your account Type 0f Balance ' . - > 7 Annual Percentage Rate (APR) ' Balance Subia‘ct m Interest Ralé InterestCharge ‘ PURCHASES 77 7 Revolving Balance 25.99% (M) $1 365.72 $29.17 Page30f4 93.9.9 '4},de4
