Declaration CCP 585Cal. Super. - 6th Dist.March 24, 2021HUNT & HENRIQUES, Attorneys at Law Donald Sherrill, Esq. ¹266038 2 7017 Realm Drive San Jose, CA 95119 3 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 4 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 10 PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff, CASE No.: 21CV381112 12 13 14 16 vs. DANIEL J DATTA Defendant(s). DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CIVIL CODE tJ 1788.60(a) AND CALIFORNIA CODE OF CIVIL PROCEDURE ll 585 17 18 19 The declaration is attached hereto and hereby incorporated herein. 20 21 22 23 24 25 26 27 28 V7 1 Declaration in Support of Application for Entry of Default Judgment 1446720 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/27/2021 8:28 AM Reviewed By: D Harris Case #21CV381112 Envelope: 7544963 21CV381112 Santa Clara - Civil D Harris I PORTFOLIO RECOVERY 2 ASSOCIATES LLC 3 Plaintiff, vs. 5 DANIEL J DATTA Defendant(s) 6 DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CIVIL CODE tl 1788.60(a) AND CALIFORNIA CODE OF CIVIL PROCEDURE lI 585 8 I, the undersigned, declare as follows: 9 1. I am an employee at and Custodian of Records for Plaintiff Portfolio Recovery 10 Associates, LLC, ("Plaintiff'. I am a competent person over eighteen years of age, and make the statements herein based upon my personal knowledge of those account records maintained on Plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant's BARCLAYS BANK 14 DELAWARE account number ending in 5130 (hereinafter "the Account"). I have access to and have reviewed the records pertaining to the Account and am authorized to make this declaration on Plaintiff's behalf. ] 7 2. Plaintiffpurchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account. As part of its operations, Plaintiff operates and maintains computer systems, into which Plaintiff integrates electronic records and information received from the seller in response to the sale and assignment communications regarding the individual accounts. 21 3. I am familiar with the manner and method by which Plaintiff creates and maintains its 22 normal business books and records. The records are kept in the normal course of business. 23 Plaintiff maintains computerized account records, including the account information that was 24 provided to Plaintiff by BARCLAYS BANK DELAWARE. The computerized account records 25 include the transfer balance and transfer date of the subject account. The records are kept in the 26 ordinary course of business by representative of Plaintiff who are charged with the duty to 27 28 v7 2 Declaration in Support of Application for Entry of Default Judgment 1446720 accurately record any business act, condition or event on the computer with entries made at or 2 near the time of any such occurrence. 3 4. On or about 03/31/2020, PORTFOLIO RECOVERY ASSOCIATES, LLC became the 4 successor in interest to this Account. Plaintiff acquired and incorporated the attached account 5 records into its permanent business records as a result of Plaintiff's purchase of the Account. 6 These records are kept in the regular course ofbusiness on behalf ofPlaintiff, and along with the 7 electronic records provided at purchase, are Plaintiff's primary source ofbusiness records for this 8 Account. 9 5. Upon information and belief, federal law required the original creditor to send monthly 10 statements to the Defendant at the address at which the Defendant advised that he/she was residing at the time that he/she established the account, or to any subsequent address provided by the Defendant. 6. The accuracy of such records is relied upon by Plaintiff in purchasing and collecting this 14 Account. These records are trustworthy and relied upon because the original creditor was required to keep careful records of the Account at issue in this case as required by law and/or suffer business loss. ] 7 7. This Account was purchased on or after January I, 20 I 4 and, therefore, is subject to California Civil Code section 1788.60. 8. In accordance with California Civil Code section 1788.58(a)(3-8), Plaintiff's records show the following relevant information concerning the Account. a. Plaintiff is the sole owner of the Account 21 b. The Account was opened on 05/19/2017 and charged off on 03/29/2019 with a balance 22 of $27,946.78 at the time of charge off. 23 c. Plaintiff's records show that the balance of $27,946.78 remains due and owin as of 24 8/10/2021. Plaintiff is not seeking to recover any post-charge off interest to which it may be 25 entitled and/or fees that may have been imposed by the charge off creditor or subsequent 26 purchasers of the debt and is seeking to recover only that pordon of the charge off balance that 27 remains due and owing as of 8/10/2021. 28 3 Declaration in Support of Application for Entry of Default Judgment v7 1446720 d. The last payment was posted to the Account on 07/17/2018. e. The charge off creditor name and address at the time of charge off: BARCLAYS BANK DELAWARE, 100 S. WEST STREET, WILMINGTON, DE 4 19801. 5 f. The last four digits of the charge offAccount associated with the debt at time of charge 6 off was 5130. 7 g. Defendants name and last known address as it appeared in the charge off creditor's 8 records: 9 DANIEL J DATTA, 6590 FELTER RD, SAN JOSE CA 95132-3410 10 h. The complete chain of title including BARCLAYS BANK DELAWARE and all post charge off purchasers of the debt are as follows: 12 1. BARCLAYS BANK DELAWARE, 100 S. WEST STREET WILMINGTON, DE 19801 2. PORTFOLIO RECOVERY ASSOCIATES, LLC, 120 Corporate Blvd., Norfolk, VA 15 23502 9. Plaintiff's records state that Plaintiff or its agents made demand for payment of the ] 7 balance herein prior to making this declaration and Defendant(s) failed to make full payment of the amount owed on the Account. 10. Attached hereto as Exhibits A, B, and C are the account records I reviewed in executing this declaration, which relate to the Account and/or payment(s) received. Exhibit A. Seller Data document and Chain of Title - establishin the facts re uired under 21 g q 22 Civil Code section 1788.58(a)(3), (4), (5), (7) and (8) Exhibit B. Billin Statements includin ~ but not limited to the Last Monthl Statement 23 g 8 Recording a Purchase Transaction, Last Payment, or Balance Transfer - establishing the fact 24 required under Civil Code Section 1788.58(a)(5) 25 Exhibit C. Final Billing Statement - establishing the facts required under Civil Code section 26 1788.58(a)(4) and (6) 27 28 V7 4 Declaration in Support of Application for Entry of Default Judgment 1446720 11. The documents attached hereto are true and correct copies of the originals, being a 2 reproduction of the records on file on behalf of Plaintiff based upon my review, except to the 3 extent that confidential and privileged information and/or personal identifying information is 4 omitted or redacted as required by local rules, and applicable state and federal laws. 5 12. If called upon to testify as a witness thereon, I could and would competently testify as to 6 all the facts stated herein. 7 8 I declare under penalty of perjury under the laws of the State of California that the foregoing is 9 true and correct. 10/20/2021 Dated 12 13 Custodian of Records Portfolio Recovery Associates, LLC Myrell Johns 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v7 5 Declaration in Support of Application for Entry of Default Judgment 1446720 =xiii ai: AE h bit DocuSign Envelope ID: 36BB09C5-E76E-4038-9ED6-1 OE4i FC55684 EXHIBIT B BILL OF SALE Barclays Bank Delaware (" Seller" ), for value received and pursuant to the terms and conditions of the Forward Flow Purchase Agreement (the "Agreement" ) dated May 22, 2019 between Seller and Portfolio Recovery Associates, LLC ("Purchaser" ), hereby assigns, conveys, grants and delivers to Purchaser, effective as of the Closing Date of March 31, 2020, all rights title and interest of Seller in and to those certain evidences of debt ("Accounts" ) described on computer files furnished by Seller to Purchaser with a current balance totaling With respect to these Accounts, the terms below will have the following meanings: Accounts; All Barclays Accounts included on the data file, named ffs 202003 finl, provided to Purchaser by Seller on the Cut-off Date and incorporated herein by reference. Amounts due to Seller by Purchaser in U.S. Dollars by a wire transfer to be received by Seller on Closing Date by 5:00 p.m. to the Federal Reserve Account after confirming the Bill of Sale. This Bill of Sale is executed without recourse except as stated in the Agreement No other representation or warranty of title or enforceability is expressed or implied. SELLER: By: Title: Date: Barclays Bank Delaware C """ Edverl I'vonII4 Director, Collections Strategy 4/15/2020 I 11:37 AM EDT PURCHASER; Portfolio Recovery Associates, LLC By: Title: Date; Authorized Sinner 4/15/2020 I s: 54 AM PDT Sale File: FFS 202003 FINLCSV ACCOUNT NUMBER ADD ACCT NUM1 ADD ACCT NUM2 ADD A T N M3 ADD ACCT NUM4 ADD ACCT NUM5 ADD ACCT NUM6 ADD A N M7 ADD ACCT NUMB ADD ACCT NUM9 ADD ACCT NUM10 ADD ACCT NUM11 A T ID SOCIAL SECURITY NUMBE R CONS NAME DATE OF BIRTH NAME ADDRESS ORIG IN D CONS ADDRESS CONS CITY N TATE CONS ZIP HOME PH BUSI PH ALT PH APP LIABLE FLA COAPP SSN COAPP DATE OF BIRTH COAPP NAME FULL APP ADDRE COAPP HM PH COAPP BS PH COAPP CITY COAPP STATE APP ZIP OPEN DATE LAST PMNT DT NOTNSF LAST PMNT POST DT NO TNSF LAST PMNT AMT NOTNSF LAST PMNT DT NOTNSF BFR DL LAST PMNT POST DT NO TNSF BFR DL LAST PMNT AMT NOTNSF BFR DL CHARGE OFF DATE 130 1463 72 162 EL J DATTA 968 6590 FELTER RD SAN JOSE '95132 6744 0 0 5/19/2017 7/1 7/2018 7/17/2018 3000 7/17/2018 7/17/2018 3000 3/29/2019 Sale File: FFS 202003 FINLCSV CHARGE OFF BALANCE POST CO INTEREST BALA NCE POST CO FEE BALANCE BUYER PURCH BALANCE SUM POST CO CRED SUM POST CO DEBIT SUM POST CO PMNTS SUM POST CO INT ACCR SUM POST CO FEE ACCR LAST PUR AMT NOCA LAST PUR DATE NOCA CASH APR PURCHASE APR FIRST PAY DEFAULT CO PRINBAL CO FEE CO FC PRODUCT TYPE AFFINITY ORIGINAL LENDER NAME ORIGINAL LENDER ADDRE SS CREDITOR AT CO NAME CREDITOR AT CO ADDRE SS TRANSFER DATE NUM 3RD AGENCIES CPC CREDIT LIMIT REG FYD STMNT 27946.78 0 0 27946.78 0 0 0 0 0 31.5 9/1 1/2018 0 0 N 25193.62 175 2578.16 MC Mastercard Gold Card Barclavs Bank Delaware 100 South West Street Wilmington, DE 19801 Barclavs Bank Delaware 100 South West Street Wilmington, DE 19801 3 LXG 15000 PR N/A =xaioi: 3Exhibit B L U X U R Y C A R De Mastercard Gold Card Statement DANIEL / DATTA I Account Ending 5130 I Statement Period 07/06/18-08/05/18 Page 1 of 6 Account Activi Previous Balance as of 07/06/18 $ 7,382.98 Credit Line Total Revolving Credit Line includes $ 6,000.00 cash advance line Available Revolving Credit Line as of 08/05/18 Available for cash advances $ 6,000.00 $ 15,000.00 $ 8,555.71 Payments - Thank You f 3,000. 00 Other Credits $ 179.85 Purchases + $ 2,150.83 Fees Cha~rd + $0.00 Interest Charged + $90.33 Statement Balance as of 08/05/18 = $6,4sbk29 APR Details begin on page 3 in Ihe Interest Charge Celcule lion section. Transaction details begin an page 2. Payment Information Statement Balance: Minimum Payment Due: $ 6,444.29 $ 153.86 this card and ea«h month statement in about OU ~... Only the minimum 20 yearspayment + f 229.00 3 years of $ 14,430. 00 f8,244.00 (Savings= $6,186.00) J e If you would like information about credit counseling services, please call 800 570 1403. Payment Due Date: 09/02/1 8 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $37 00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no You will pay off the And you will end up additional charges using balance shown on this paying an estimated total Points Summ Points Earned This Period Total Points Balance For detei/ssee page 3 1,972 68,650 Repayment information based on activity a rd APR's on your account as of the closing date. SFF IN'SIDF: You may have additional important messages inside. NOTKE: SEE REVERSE SIDE OR ENO OF STATEMEIIT FOR IMPORTAIIT INFORMATION Payment Coupon Ways ta pay: Q mylosuncesf.cam ~ Reeleys Mobib App Q Rsaris-26co pk smmnaxw~ o Isseel ~ slant LUXURY CARD Statement Balance as of 08/05/18: (account ending 5130) Mininum Payment Due: Payment Due Date: 56,444.29 $ 153.86 09/02/18 Amount Enclosed: 5 Make ches l pere be So Serdeys Allow 7 fa days for USPSdeii very. ------ manifest line DANIEL I DATTA 6590 FELTER RD SAN IOSE CA 95132-3410 Barclays P.O. Box 60517 City of Industry, CA 9171 6-0517 I " I » " I'I'I'll' I I I II ' I'l " II 'III'll »I'III'"'I'iis I i I li ii'i'ill'ilh»I'I'li 'iliiisilisili»isill Mastercarde Gold Card Statement DANIEL J DATTA l Account Ending 5130 l Statement Period 07/06/18-08/05/18 Page 2 of 6 Jul 17 Jul 17 Total payments for this period Transactions Transa«tion Date Posting Date Payments Description Payment Re«eived WELLS FARGO 8 Points N/A N/A Amount -$3,000. 00 -$3,000.00 Other Credits Jul 28 Jul 30 SIXT RENT A CAR SEATAC WA Car Drop Off Date 07/30/I 8 -180 -$ 179.85 Total other «redits for this period -180 -$ 179.85 Purchase Activity for DANIEL J DATTA card ending 5130 Jul 09 Jul 12 Jul 14 Jul I 8 Jul 20 Jul 23 Jul 24 Jul 24 Jul 24 Jul 28 Jul 29 Aug 01 Aug 02 Jul 11 Jul 15 Jul 16 Jul 19 Jul 23 Jul 24 Jul 25 Jul 26 Jul 26 Jul 29 Jul 30 Aug 03 Aug 05 APPLEBEES 904030090401 MILPITAS CA SAFEWAY 41931 FREMONT CA WAL-MART 02989 FREMONT CA BEVERAGES & MORE ¹55 FREMONT CA SAFEWAY ¹1931 FREMONT CA PG&E/EZ-PAY 800.743-5000 CA CA'5 GREAT AMERICA FOO SANTA CLARA CA SAFEWAY 41931 FREMONT CA CAINE AND WEINER CO IN 18182266000 CA SIXT RENT A CAR 888-757-7498 FL Car Drop Off Date 07/27/I 8 MOXY SEATTLE DOWNTOWN SEATTLE WA 07/29/1 8 TO 07/29/18 CAR SOUND FREMONT CA GIORGIOS ITALIAN FOOD MILPITAS CA 86 53 305 89 123 296 42 147 77 180 232 459 $ 85.67 $ 52. 92 $305.07 $ 88. 65 $ 122.92 $295. 57 $41. 86 $ 146. 59 $77.14 $ 179.85 $232.04 $459. 25 $ 63.30 Pur&hase Activity for DANIEL J DATTA card ending 5130 Total per&hase activity for this period 2,152 2,152 $2,1 50.83 $2,150.83 To see activity after this statement period, visit my/uxurycard corn Fees and Interest Transa«tion Date Fees Charged Posting Date Description No fees &harged for this period Amount f0.00 Total fees for this period $0.00 tcontinued on page 3 Visit myluxurycard.corn or use the Barclays Mobile App Mastercardce Gold Card Statement DANIEL ) DATTA l Account Ending 5130 l Statement Period 07/06/18-08/05/18 Page 3 of 6 Transaction Date Posting Date Des«ription Amount Interest Charged Aug 05 Aug 05 Interest Charge On Pur«bases $ 90.33 Total interest for this period $90.33 2018 Year-to-Date Totals I Total fees «harged in 2018lTotal interest charged in 2018This Year ms/are summary reflects ihe Fees and Interest charged on billing I and does no tref/eel any subseq uen I fee andior interest ad/usimenu. $522.00 $193.35 siammenis nish closing datesin 2018, Interest Charge Calculation Type of Balance Purchases Standard Purchases Balance Transfers Standard Balan«e Transfem/Checks Cash Advances Standard Cash Advance Tote I Promotional Rate End Date Ba la n&e Subject to Interest Rate $6,348.43 $0.00 $0.00 Annual Percentage Rate (APR) I 6. 74'Ys (v) I 6. 74'Ys (v) 26. 99% (v) Days in Billing Cy«le: 31 Interest Charge $ 90.33 $0. 00 $0. 00 $90.33 Oi Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate Seethe "Important Information section of this statement for more information about how we calculate interest. l AVOIDING INTEREST ON PURCHASES (GRACE PERIOD) If you have a 0% promotional APR on all of your Purchase bahn&es, you &an avoid paying interest on those balan«es during the appli«able promotional period. However, pay at least your Minimum Payment Due to avoid a late fee. If you have both Pur& hase baba«et with an APR greater than 0% and you also have other promotional balan&as on your A&count, you can avoid paying interest on your Purchases by paying $ 6 4&429 (this amount includes any Minimum Payment Due required to amid a late fee). Please refer to the Accrual of Interest and How to Avoid Paying Interest on Pur«bases paragraph on the back of this Statement for further detail. Points Details Beginning Points Balance Points earned on qualifying pur«hases Ending Points balance L 66,678 1,972 68,650 Visit myluxurycard.com or use the Barclays Mobile App Mastercard~ Gold Card Statement DANIEL 3 DATTA l Account Ending 5130 l Statement Period 07/06/18-08/05/18 Page 4 of 6 August 2018 Customer News Labor Day Getaway Let Luxury Card Concierge help you make the most of summer's end. Call 844.724.2500 or email concierge /uxurycard.corn for assistance booking last-minute flights or finding the perfect alfresco dining experience. Price Protection Achieve the best possible pnce on products you buy with your Luxury Card. Should you find a lower pnce for an eligible item within 120 days from the original date of purchase using your Wxury Card, you may be reimbursed for the price difference. Auto Rental Collision Waiver Hit the road with some reassurance. Car rental services purchased with your eligible Luxury Card allow reimbursement for any damages due to collision or theft that may occur. Terms and Conditions Apply. Visit myluxurycard.corn or use the Ba relays Mobile App Important Information Information About Credit Bureau 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. Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is lost or stolen, please contact us immediately at 844-724-2600 at any time. Payment Information: Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. Both the Minimum Payment Due and Payment Due Date are noted on your statement and on your home page when you login to myluxurycard.corn. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us, however you cannot pay ahead". This means that if you pay more than the required Minimum Payment Due in any billing cycle or if you make more than one payment in a billing cycle, you will still need to pay the next month's required Minimum Payment Due by your next Payment Due Date. Remember to make all checks payable to Barclays. Please allow 7 to 10 days for the U.S. Postal Service to deliver your payment to us. Upon our receipt, your available credit may not be increased by the payment amount for up to 7 days to ensure the funds from the bank on which your payment is drawn are collected and not returned. When you provide a «heck as payment on this Account, you authorize us to either use the information from your check to make a one-time electronic fund transfer from your ac«ount 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. For inquiries, please call 844-724-2600. Page 5 of 6 CA, 91 754. A payment received at this address by 5 p.m. PT that otherwise meets the requirements of a conforming payment will be credited to your account that same day. How We Will Calculate Interest. We use a method called "daily balance" (including new purchases). We calculate interest separately for each "Balance Subject to Interest Rate." These include for example, Purchases at the current rate, Balance Transfers at the current rate, Cash Advances at the current rate, and different promotional balances. Your monthly billing statement shows each "Balance Subject to Interest Rate." To calculate interest, we first «alculate a daily balance for each Balance Subject to Interest Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of the previous day. We add any interest calculated on the previous day's balance. (This means interest is compounded dady). We add any new Purchases, Balance Transfers or Cash Advances to the appropriate balance, subtract any new payments or credits from the appropriate balance, and make other adjustments. A credit balance is treated as a balance of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this for each day in the biging period. That gives us the daily interest. We add up ag the daily interest for all of the daily balances to get the total interest for the billing period. Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is at least 23 days after the close of each billmg cycle. On Purchases, mterest begms to ac«rue as of the transaction date. However, you can avoid paymg interest on Purchases in any given billmg cycle if you pay your Statement Balance in full by the Payment Due Date. You may also avoid paying mterest on Purchases if either Paragraph A or Paragraph 8 of this section applies to your account. Mailed Payments: A conforming payment received by us by 5 p.m. PT will be credited to your account the day of receipt. A "conformmg payment" is a payment that: I) is mailed usmg the enclosed envelope and payment coupon included with this statement or mailed with a payment coupon pnnted from myluxury«ard.corn to Barclays, P.O. Box 60517, City of Industry, CA 91716-05171 and 2) is in the form of a single, non-folded check or money order made payable in U.S. dollars from a U.S. based institution. Any payment that does not meet these requirements, or any payment with multiple che«ks or money orders, additional correspondence, staples, paperchps, etc. will be considered a "non-conforming payment" which may delay the creditmg of the payment for up to 5 days. Other Payment Options: Web: Visit myluxurycard.corn to set up your payments. Mobile: To download the Barclays Mobile App, text MOBILE to 53818. Phone: Call us at 844-724-2600 and we will process your payment. All payments made via web, mobile app or pay by phone by 7:00 p.m. ET will be credited to your account that same day. Overnioht Pavments: Send overnight courier service or U.S.P.S. Priority Mail payments to REMI TCO, Card Services, Lock Box 60517, 2525 Corporate Park, Suite 250, Monterey Park, A. If you have Purchase balances with a 0% promotional APR, you can avoid paymg interest on those Purchase balances during the promotional period, and the following Paragraph 8 will not apply to your account. (However, to avoid a late fee, pay at least your Mimmum Payment Due.) B. If you have Purchase balances with an APR that is greater than 0%, and you also have other types of promotional balances on your account, you still may be able to avoid paying interest on those balances without paying your Statement Balance in full. If this applies to your Account, you will see a Paragraph titled "Avoiding Interest on Purchases (Crace Penod)" appearmg directly below the Interest Charge Calculation section on the front of this Statement. This will show the amount you can pay by the Payment Due Date and still avoid interest charges on your Purchase balances. This amount may differ from your Statement Balance. It may differ because you «urrently have certain promotional APR balances, and the nonpayment of these balances wig not affect your grace penod on Purchases, provided you pay all other balances on your account. (However, to avoid a late fee, pay at least your Mmimum Payment Due.) For Balance Transfers, interest will accrue from the transaction date which generally will be the day the payee accepts the Check. For Cash Advances, mterest will accrue from the transaction date which generally will be the day you take the Cash Advance. Please note that purchases of Cash Equivalents, which include money orders, travelers checks, foreign currency, lottery tickets, gamblmg chips and wire transfers, are treated as Cash Advan«es Continued on page 6 Make Changes to your contact information below Name Address City State Zip Home Phone Email Address Work Phone and do not have a grace period. See your Cardmember Agreement for more information. 3. You must not yet have fully paid for the purchase. Page 6 of 6 Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a "Mmimum Interest Charge" or "Minimum Charge." If ag of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: No Pre-Set Spending Limit: "No Pre-Set Spending Limit" does not mean unlimited spending, it means we may permit you from time to time at our discretion to make certain charges that will cause your outstanding balance to exceed your revolving credit line. Any such charge will be considered on an individual basis and such evaluation will be based on your account spending and payment history as well as your expedience with other creditors. If you exceed your revolving credit line, then you must pay, with your Minimum Payment Due, the amount by which your balance exceeds your revolving credit line, including amounts due to Purchases, Cash Advances, Interest charges, Fees, or other charges. Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau report is maccurate or incomplete, please contact the reporting agency directly or contact us at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name; your account number; the credit reporting agency where you received the bureau report, a description of the error,'nd why you believe it is an error. We wig promptly mvestigate, notify you of our findings, and send an update to the credit bureaus if warranted within 30 days. Card Services P.O. Box 8802 Wilmington, DE 19899-8802. 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. Please refer to your Cardmember Agreement for additional information about the terms of your Account. '201 8 Barclays Bank Delaware, member FDIC What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Card Services P.O. Box 8802 Wilmington, DE 19899-8802. 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 of problem: If you think there is an error on your bill, describe what you believe is wrong and why you beheve 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 errorsin 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 «ard, 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, ag of the following must be true: 2. 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 $ 30. lNote: Neither of these are 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.) 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. Visit myluxurycard.corn or use the Ba relays Mobile App :X ll 3I. ~Exhibit C L U X U R Y C A R Dw Mastercard Gold Card Statement DANIEL / DATTA I Account Ending 5130 I Statement Period 02/06/19-03/05/19 Page 1 of 5 Account Activi Previous Balance as of 02/06/19 $27,543.37 Credit Line Total Revolving Credit Line In«ludes $ 0.00 «ash advance line Available Revolving Credit Line as of 03/05/19 Available for&ash advances $ 0 00 Overlimit Amount $ 0. 00 $ 0. 00 $ 12,946.78 Points Summ Points Earned This Period Total Points Balance For deiai/ssee page 3 Payments $ 0. 00 Fees Charged + $ 37.00 Interest Charged + $366.41 Statement Balance as of 03/05/19 = $27,946.78 Past Due $ 3,981.14 APR De/xi/s begin on page 3 in the interest Charge Calcu/aeon section. Transacaon details begin on page 2. Payment Information Statement Balance: Minimum Payment Due: $ 27,946.78 $4,659.98 Payment Due Date: 04/02/1 9 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $37 00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no You will pay off the And you will end up additional &harges using balance shown on this paying an estimated total this card and ea«h month statement in about... of... OU ~... Only the mm&mum 31 years I $ 61,253 00~payment If you would like information about credit counseling services please call 800 570 1403. Repayment information based on activity a ra APR's on your account as of the «losing date. PAST DUE: Yourac&ount is Past Due. Payment of the past due amountof $3981.14 is due immediately. This past due amount has been added to your minimum payment due. OVERLIMIT; Your ac«ount is over the credit line. Payment of the amount over your credit line is due immediately to bring your ac&ount &urrent. SEE INSIDE: You may have additional important messages inside. NOT KE: SEE REVERE E SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION Payment Coupon Ways to pay: Q mrlvyvn&skf.con ~ Eaxlsys Mobib App Q 846724-26&0 pk smmnuaw~ o nlovl s ok&el LUXURY CARD Statement Balance as of 03/05/19: (account ending 5130) Mininum Payment Due: (indudes $3,981.14 past due amount) Payment Due Date: 527,946.78 $4,659.98 04/02/19 Amount Enclosed: S Make cher/ psrsbk ro rardsys Allow 7 id days for USPSdeii very. ------ manifest line DANIEL I DATTA 6590 FELTER RD SAN IOSE CA 95132-3410 Barclays P.O. Box 60517 City of Industry, CA 9171 6-0517 I " I » " I'I'I'll' I I I II ' I'l " II 'III'll »I'III'"'I'iir I i I li ii'i'ill'ilh»I'I'li dill»rilirili»irill Mastercardo Gold Card Statement DANIEL / DATTA l Account Ending 5130 l Statement Period 02/06/19-03/05/19 Page 2 of 5 IMPORTANT NOTICE: You may allow Authorized Users m use your A«ount. Bar&lays provides account information to the «edit reporting agencies for ag account users, in& luding Authorized Users This information &ould impact an Authorized User's credit score. For help or questions about Authorized Users, plasm &on tact us by &ailing the phone number on the back of your credit card. Transactions Transaction Date Posting Date Description Payments Points Amount Total payments for this period No Payment Received NIA $0. 00 $0.00 Purchase Activity for DANIEL 3 DATTA card ending 5130 Total purchase activity for this period No Transaction Activity at This Time NIA $0.00 r. To see activity after this statement period, visit myluxurycardcom Fees and Interest Transaction Date Posting Date Fees Charged Description Amount Mar 02 Mar 03 LATE PAYMENT FEE $ 37. 00 Total fees for this period $37.00 Interest Charged Mar OS Mar OS Total interest for this period Interest Charge On Purchases $366.41 $366.41 2019 Year-to-Date Totals Total fees charged in 2019 l Total interest charged in 2019 This Year mdare summary reflects the Fees and Interest charged on billing and doesnotregectany subsequent fee andlor interestadjusenenu. $111.00 $ 1,1$9.23 sraumenra with closing datesin 2019, Visit myluxurycard.corn or use the Barclays Mobile App Mastercarda Gold Card Statement DANIEL / DATTA Interest Charge Calculation l Account Ending 5130 l Statement Period 02/06/19-03/05/19 Page 3 of 5 Days in Billing Cycle: 28 Type of Balance Purchases Standard Purchases Balance Transfers Standard Balance Transfers/Che&ks Cash Advances Promotional Rate End Date Ba la n&e Subject to Interest Rate $ 27,724. 97 $0.00 Annus I Percentage Rate (APR) I 7. 24% (v) I 7. 24% (v) Interest Charge $366.4t $0. 00 27. 49 'Yv (v)Standard Cash Advan«e $0.00 1 0.00 Tote I $366.41 Qr Your Annual Penentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate that varies with the market bawd on the Prime Rate. See the "Important Information" section of this statement for more information about how we calculate interest. L AVOIDING INTERESTON PURCHASES (GRACE PERIOD) If you have a 0% promotional APR on all of your Purchase balances, you can avoid paying interest on those balances during the applicable promotional period. However, pay at least your Minimum Payment Due to avoid a late fee. If you have both Pur& hase be un«es with an APR greater than 0% and you albo have other promotional balan&as on your Account, you can avoid paying interest on your Purchases by paying $ 27 946 78 (this amount includes any Minimum Payment Due required to avoid a hte fee). Please refer to the A&«rual of Interest and How to Avoid Paying Interest on Purchases paragraph on the back of this Statement for further detail. Points Details Beginning Points Balan«e Points earned on qualifying pur«bases Ending Points balan«e 0 Global Acceptance For your convenience, Luxury Card is a««epted at 8 million d«mestic retailers in more than 210 countries and territories. Wireless Communication While traveling abroad, enjoy reliable communication and access to secure connections wigtout high roaming fees. Consult the Hotel & TravelGuide to see your Luxury Card global privileges, including high-anteed pocket Wr-Fi benefits. luxury Card 2019 Hotel & Travel Program With over 3 000 properties h the most exciting locales around the gbbe, be sure to consult your Hotel & Travel Guide when planning your next trip and experience exceptional travel privileges, designed exclusively for you. Visit myluxurycard.corn or use the Barclays Mobile App Important Information Information About Credit Bureau 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. Mobile: To download the Barclays Mobile App, text MOBILE to 53818. Phone: Call us at 844-724-2600 and we will process your payment. Page 4 of 5 Annual Fee. If your account has an annual fee, it will be billed each year. We will give you advance notice on your bigmg statement pnor to the assessment of the annual fee. You may choose to call us at 844-724-2600 withm 45 days of receiving such notice to discuss alternative products that may be available or to «lose your account so that the fee will not be billed. If your account is closed, any outstanding reward points or miles on your account may be forfeited at that time. Payment of the annual fee does not affect our abihty to close your account and/or to limit your transactions. Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is lost or stolen, please contact us immediately at 844 724-2600 at any time. Payment Information: Each bigmg cycle, you must pay at least the Mimmum Payment Due shown on your monthly statement by its Payment Due Date. Both the Minimum Payment Due and Payment Due Date are noted on your statement and on your home page when you login to myluxurycard.corn. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us, however you cannot "pay ahead". This means that if you pay more than the required Minimum Payment Due in any billing cycle or if you make more than one payment in a biging cycle, you will still need to pay the next month's required Minimum Payment Due by your next Payment Due Date. Remember to make all checks payable to Barclays. Please allow 7 to 10 days for the U.S. Postal Service to deliver your payment to us. Upon our receipt, your available credit may not be increased by the payment amount for up to 7 days to ensure the funds from the bank on which your payment is drawn are collected and not returned. When you provide a check as payment on this Account, you authorize us to either use the information from your check to make a one-time electromc 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 finanual institution. For inquines, please call 844-724-2600. AB payments made via web, mobile app or pay by phone by 7:00 p.m. ET will be credited to your account that same day. Overnioht Pavments: Send overnight courier service or U.S.P.S. Priority Mail payments to REMITCO, Card Services, Lock Box 60517, 2525 Corporate Park, Suite 250, Monterey Park, CA, 91 754. A payment received at this address by 5 p.m. PT that otherwise meets the requirements of a conforming payment will be credited to your account that same day. How We Will Calculate Interest. We use a method called "daily balance" (including new purchases). We calculate interest separately for each "Balance Subject to Interest Rate." These include for example, Purchases at the current rate, Balance Transfers at the current rate, Cash Advances at the current rate, and different promotional balances. Your monthly billing statement shows each "Balance Subject to Interest Rate." To calculate interest, we first «alculate a daily balance for each Balance Subject to Interest Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of the previous day. We add any interest calculated on the previous day's balance. (This means interest is compounded dady). We add any new Purchases, Balance Transfers or Cash Advances to the appropriate balance, subtract any new payments or credits from the appropriate balance, and make other adjustments. A credit balance is treated as a balance of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this for each day in the biging period. That gives us the daily interest. We add up ag the daily interest for all of the daily balances to get the total interest for the billing period. Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is at least 23 days after the close of each bigmg cycle. On Purchases, mterest begms to ac«rue as of the transaction date. However, you can avoid paymg interest on Purchases in any given bigmg cycle if you pay your Statement Balance in full by the Payment Due Date. You may also avoid paying mterest on Purchases if either Paragraph A or Paragraph 8 of this section applies to your account. Mailed Payments: A conforming payment received by us by 5 p.m. PT will be credited to your account the day of receipt. A "conforming payment" is a payment that: I) is mailed using the enclosed envelope and payment coupon included with this statement or mailed with a payment coupon printed from myluxurycard.corn to Barclays, P.O. Box 60517, City of Industry, CA 91716-0517; and 2) is in the form of a single, non-folded check or money order made payable in U.S. dollars from a U.S. based institution. Any payment that does not meet these requirements, or any payment with multiple checks or money orders, additional correspondence, staples, paperclips, etc. will be considered a non-conforming payment" which may delay the crediting of the payment for up to 5 days. Other Payment Options: Welx Visit myluxurycard.corn to set up your payments. A. If you have Purchase balances with a 0% promotional APR, you can avoid paymg interest on those Purchase balances during the promotional period, and the following Paragraph 8 will not apply to your account. (However, to avoid a late fee, pay at least your Mimmum Payment Due.) B. If you have Purchase balances with an APR that is greater than 0%, and you also have other types of promotional balances on your account, you still may be able to avoid paying interest on those balances without paying your Statement Balance in full. If this applies to your Account, you will see a Paragraph titled "Avoiding Interest on Purchases (Brace Penod)" appearmg directly below the Interest Charge Calculation section on the front of this Statement. This will show the amount you can pay by the Payment Due Date and still avoid interest charges on your Purchase balances. This amount may differ from your Statement Balance. It may differ because you «urrently have certain promotional APR Continued on page 5 Make Changes to your contact information below Name Address City State Zip Home Phone Email Address Work Phone balances, and the nonpayment of these balances will not affect your grace period on Purchases, provided you pay ag other balances on your ac«ount. (However, to avoid a late fee, pay at least your Minimum Payment Due.) For Balance Transfers, mterest will accrue from the transaction date which generally will be the day the payee accepts the Check. For Cash Advances, interest will accrue from the transaction date which generally will be the day you take the Cash Advance. Please note that purchases of Cash Equivalents, whi«h include money orders, travelers checks, foreign «urrency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances and do not have a grace period. See your Cardmember Agreement for more information. Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a "Mmimum Interest Charge" or "Minimum Charge." No Pre-Set Spending Limit: "No Pre-Set Spending Limit" does not mean unlimited spending, it means we may permit you from time to time at our discretion to make certain charges that will cause your outstanding balance to exceed your revolving credit line. Any such charge will be considered on an individual basis and such evaluation will be based on your account spending and payment history as well as your expedience with other creditors. If you exceed your revolving credit line, then you must pay, with your Minimum Payment Due, the amount by which your balance exceeds your revolving credit line, including amounts due to Purchases, Cash Advances, Interest charges, Fees, or other charges. Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau report is maccurate or incomplete, please contact the reporting agency directly or contact us at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name; your account number; the credit reporting agency where you received the bureau report, a description of the error,'nd why you believe it is an error. We wig promptly mvestigate, notify you of our findings, and send an update to the «redit bureaus if warranted within 30 days. Page 5 of 5 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 $90. (Note: Neither of these are 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.) 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. You must not yet have fully paid for the purchase. If ag of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Card Services P.O. Box 8802 Wilmington, DE 19899-8802. 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 Please refer to your Cardmember Agreement for additional information about the terms of your Account. '201 9 Barclays Bank Delaware, member FDIC What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Card Services P.O. Box 8802 Wilmington, DE 19899-8802. 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 of problem: If you think there is an error on your bill, describe what you believe is wrong and why you beheve 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 errorsin 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 «ard, 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, ag of the following must be true: Visit my)uxurycard.corn or use the Ba relays Mobile App
