DeclarationCal. Super. - 6th Dist.April 30, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/25/2022 10:20 AM Reviewed By: S. Uy Case #21CV381151 Envelope: 8130420 21CV381151 Santa Clara - Civil S. Uy \oooqoxmAwNH NNNNNNNNNr-IHr-IHI-Ip-ID-‘p-Ir-Ap-I OOQQUI#U)NHO\OOONO\M-wa'-‘O Christopher D. Mandarich SB 220693 Hayk Stambultsyan SB320973 Martin Weingarten SB 201906 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Telephone: 877285.491 8 Facsimile: 8 1 8.888.1260 Attorneysfor Plaintifl: Midland Credit Management, Inc SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION Midland Credit Management, Inc, Case No. 2 1CV3 8 1 151 Plaintiff, DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY 0F DEFAULT JUDGMENT PURSUANT T0 NGOC DUONG, an individual, et a1., CIVIL CODE § 1788.60 VS. Defendant. The declaration is attached hereto and hereby incorporated herein. DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT p-n STATE OF CALIFORNIA COUNTY OF \OOOflQUI-ALAN .._.. O Midland Credit Management, Inc, H H Plaintiff H N -Vs- DECLARATION OF LOIS RIEFFER IN SUPPORT OF JUDGMENT H U.) NGOC DUONG, ..... 4:. Defendant(s). .... U! Lois Rieffer, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN r-Iv-A \IQ 56303, certifies and says: ._. 00 1. I am an officer for and employed as a Legal Specialist by Midland Credit Management )-A \D Inc. ("Plaintiff"). I am a competent person over eighteen years of age, and make the statements NO herein based upon personal knowledge ofthose account records maintained by Plaintifl‘. N H Plaintifi is the current owner of, and/or successor to, the obligation sued upon, and was [\JN assigned all the rights, title and interest to Defendant's CAPITAL ONE, N.A. account XXXXXXX2568 (MCM Number-) (hereinafter "the Account"). MN .hb.) 2. I have access to and have reviewed the electronic records pertaining to the Account 25 maintained by MCM and am authorized to make this affidavit on MCM‘s behalf. The 26 electronic records reviewed consist of (i) data and records acquired from the seller or assignor 27 when MCM purchased or was assigned the Account, which were incorporated into MCM'S DECLARATION OF LOIS RIEFFER - 1- AFFRECMEDIA - H business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the Account since the date the Account was purchased by 0r was assigned t0 MCM. In addition, I reviewed the documents that are attached to this afl‘idavit. 3. Iam familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this Account, which consist of (i) data and documents acquired from the seller, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course ofMCM’s business. It was in the regular course ofMCM’s business for a person with knowledge of \OOOQONUIAWN the subsequent collection and/or servicing activities recorded to make the record or data ,_. O compilation, or to transmit infomation thereof to be included in such record, or for such 5-; )-A information to be posted in MCM’s records by a computer 0r similar digital means. In the H N regular course ofMCM’S business, the record or compilation of the subsequent collection H DJ activities is made at or near the time of the act or event by MCM as a regular practice. H 4; 4. On or about 2019-12-18, Midland Credit Management, Inc became the successor in .._. U1 interest to this Account.Plaintiff acquired and incorporated the attached Account records into ._. O\ its permanent business records as a result of Plaintifl‘s purchase or assignment of the Account. ._. fl These records are kept in Plaintiffs regular course of business and, along With the electronic ._. 00 records provided at the time of purchase or assignment, are Plaintiff‘s primary source of ,_. O business records for this Account. NO 5. The accuracy of such records is relied upon by Plaintiff in collecting this Account. These [\J ._. records are trustworthy and relied upon because the original creditor was required to keep NN carefiJl records of the Account at issue in this case as required by law and/or suffer business N DJ loss. NA 6. This Account was purchased after 2014-01-01 and, therefore, is subject to California Civil Code Section 1788.60. 7. In accordance With California Civil Code sections 1788.58(a)(3-8), MCM’s records showNNN \IO\UI the following relevant information concerning the Account: N 00 DECLARATION OF LOIS RIEFFER - 2- AFFRECMEDIA - \OWNQUIbUJNr-a NNNNNNNNNr-‘r-I-n-AHHHu-AHH WQQMAMNHomethUJNh-‘O a. Plaintifi is the sole owner of the Account. b. The Account was opened on 2019-04- 1 6 and charged ofl‘ on 2019-1 1-30 with a balance of $7,] 14.76. c. MCM‘s records show that the balance of $7,1 14.76 remains due and owing as of 2021-1 1-19. Plaintiff is not seeking to recover any post-charge-off interest and/or fees that may have been imposed by the charge-off creditor or subsequent purchasers of the debt and is seeking to recover only that portion of the charge-off balance that remains due and owing as of 202 1 -1 1- 1 9. d. The last payment posted to the Account on 2019-05-09. e. The charge-ofi creditor name and address at the time of charge-off: CAPITAL ONE, N.A., 1680 CAPITAL ONE DRIVE , MCLEAN, VA 22102 f. The charge-offAccount number associated with the debt at time of charge-off was XXXXXXX2568. g. . Defendant's name and last known address as it appeared in the charge-ofl creditor or debt owner's records: NGOC DUONG, 1417 SUNSHINE CT , SAN JOSE, CA 951222656 h. The complete chain of title including CAPITALONE, N.A. and all post-charge- off purchasers/assignees of the debt are as follows: 1. CAPITAL ONE, N.A. 1680 CAPITAL ONE DRIVE,MCLEAN,VA,22102 2. Midland Credit Management, Inc. 350 CAMINO DE LA REINA,SUITE 100,SAN DIEGO,CA,92108 8. MCM's records show that MCM or its agents made demand for payment 0f the balance herein prior to making this affidavit and Defendant(s) failed to make full payment of the amount owed on the Account. I 9. Attached hereto as Exhibits A, B, and C are the Account records I reviewed in executing the affidavit that relate to the Account and/or payment(s) received. DECLARATION OF LOIS RIEFFER - 3- AFFRECMEDIA - DOOQONUI-DUJN-n b-dD-HHHwHflv-t OOQQkII-bWNF‘O Exhibit A. Chain of Title and Seller Data Sheet - establishing the facts required under Civil Code sections 1788.58(a)(3), (4), (5), (7) and (8) Exhibit B. Monthly Statement Recording a Purchase Transaction, Payment, or Balance Transfer - establishifig the fact required under Civil Code section 1788.58(a)(5) Exhibit C. Final Billing Statement or other Records - establishing the facts required under Civil Code sections 1788.58(a)(4) and (6) 10. The documents attached hereto are true and correct copies of the originals, being a reproduction of Plaintiffs records, based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. 11. If called to testify as a witness thereon, I could and would competently testify as t0 all the facts stated herein. I declare under penalty ofpeljury under the laws of the State of California that the foregoing statements are true and correct. DEC 1 7 1021_-D- 'Qfma Lois Rieffer r 2S IL85 Mandarich Law Group, LLP DECLARATION OF LOIS RIEFFER - 4_ AFFRECMEDIA - EXHIBIT A Forward Flow Receivable Sale Agreement dated December 3, 2019 BILL 0F SALE Closing Date: December 18, 2019 Capital One, National Association (“Seller”), in consideration of a Purchase Price of-and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale' File entitled OMEGA.BN0076.SALES .PROD-EAST.PFRLE201 9 121 1_BN0076_main.dat.gz OMEGA.BNOO76.SALES.PROD-EAST.PFRLE2019121 I__BN0076_customer.dat.gz OMEGA.BNOO76.SALES.PROD-EAST.PFRLE201 9121 1_BN0076_phone.dat.gz (which may be in electronic form) to Midland Credit Management, Inc., a Kansas corporation (“Buyer”), without recourse or representation except as expressly provided herein or on the telms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of December 3, 2019, by and between Seller and Buyer (the “Agreement”). A11 capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Sale File Delivery Date for the Sale File was December 12, 2019. The aggregate Sale Balance of the Accounts as of the Sale File Delivery Date was- CAPITAL ONE, NATIONAL MIDLAND CREDIT MANAGEMENT, INC. ASSOCIATION " . Forward Flow Receivable Sale Agreement dated December 3, 2019 AFFIDAVIT OF SALE 0F ACCOUNT BY CREDITOR State of Virginia, County of Goochland. James R. Lane being duly sworn, deposes and says: I am over 18 and not a party to this action. I am a Vice President of Capital One, National Association. In that position I am aware of the process of the sale and assignment of electronically stored business records. On or about December 12, 2019, Capital One, National Association sold a pool of charged-off accounts (the Accounts) by a Fonzvard Flow Receivable Sale Agreement and a Bill of Sale to Midland Credit Management, Inc., a Kansas corporation. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Capital One, National Association. I am not aware of any elTors in these accounts. The above statements are true to the best ofmy knowledge. Signed this VIZ day- of fame? 52020. ~sident SUBSCRIBED and swom to before me, the undersigned Notary Public in the jurisdiction aforesaid, by James R. Lane, who is personally known to me and who acknowledged before me his signature to the foregoing Affidavit. GIVEN under my hand and seal this 7 day of janufl L2 , 2.020. wm («Milk Q60)“ WILLIAM WESTON PAIGE William Weston Paige NOTARY PUBLIC Notary Public REG. #7796956 COMMONWEALTH 0F VIRGINIA MY COMMISSION EXPIRES OCT. 31. 2022 Capital One ConfidentialCapital One Confidential Forward Flow Receivable Sale Agreement dated December 3, 2019 CERTIFICATE 0F CONFORMITY CERTIFICATE 0F CONFORMITY MADE PURSUANT TO CPLR 2309(c) and RPL 299-3 I, an attomey-at-law admitted to practice in the Commonwealth of Virginia, do hereby certify that William Weston. Paige, is a notary public in and.for the Commonwealth of Virginia, in the _ jurisdiction aforementioned and the acknowledgment upon afiidavits for Capital One, National Association are taken in the manner prescribed by the law; of the Commonwealth of Virginia and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this ; ' Hay 'of E Qamg”C? ,2020. ' Printed Name V/ Signed Name Attorney at Law, Commonwealth of Virginia Capital One ConfidentialCapital One Confidential -_-_\.... r. ----.-_~.. Field Field Data Account Number _2568 Seller Account ID 1002443961 First Name NGOC Last Name DUONG SSN - Date of Birth _ Address1 1417 SUNSHINE CT City ’ SAN JOSE State CA Zip 951222656 Home Phone - Open Date 04/16/201 9 Last Purchase Date 04/16/2019 Last Purchase Amount $5,81 8.50 Last Payment Date 05/09/201 9 Last Payment Amount $5.81 8.50 Sale Amount $7.1 14.76 Charge Off Date 11/30/201 9 Charge off Balance $7,1 14.76 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‘ NEIMAN MARCUS CREDIT CARD Account information provided by Capital One, National Association pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 12/1 8/2019 in connection with the sale of accounts from Capital One, National Association to Midland Credit Management, Inc. OMEGA.BNOO76.SALES.PROD-EAST.PFRLE201 9121 1_BNOO76_main.dat.gz OMEGA.BN0076.SALES.PROD-EAST.PFRLE20‘I 91 21 1_BN0076_customer.dat.gz OMEGA.BNOO76.SALES.PROD-EAST.PFRLE201 91 21 1_BN0076_phone.dat.gz EXHIBIT B WWW Capitala'e- Neiman Marcus Account StatementPage 1 of 2 Account Number 2568From April 30, 201 9 to May 29. 201 9 HOINCIRCLE‘ 1 iSummary of Account Activity Payment In‘rB-fifi'aii'afi ' ""‘ _" ’- - a . mam Previous Balance $5,818.50 New Balance 55.97959 - Minimum Payment Due $285.00 CIR FOUR L VE Payments ' 58'318'50 Pa men: Due Date June 27 2019CLE E L Other Credits - $0.00 y ' PUFChaSGS/DEWS + $3.31 3-50 Late Payment Warning: If we do not receive your Past Due Amount $60.00 minimum payment by the date listed above. you may2019 PROGRAM POINTS PREVIOUS POINT BALANCE 15 Boo Fees Charged $27.00 have to pay a late fee of up to $38.00. ' ‘n‘e'es‘ Chargm 5134-19 Minimum Payment Warning: If you make only the POINTS EARNED New Balance $5,979.69 minimum payment each period, you will pay more in interest and it will take you longer to pay off your POINTS REDEEMED balance. For example: POINTS AVAILABLE 15.800 Grad“ L'm't $9,000.00 Credit Available 50,00 lf you make no You will pay off And you will 2019 POINTS EXPIRE 1/31/20 s‘atement C'esing Date May 29_ 2019 additional I the balance _ end up_ paying . . _ charges usmg shown on thus an estlmated Days 'n B'H'ng Cyc'e 30 this card and statement in total of... oau Ton Free 1-8384Nc1RCLE or visit 93°“ ”mm“ V°U abw‘m lnCircle.com for assistance. pay“ O I th 20 Years $18,041 lnCircle Points are not earned on tax or delivery miliymufn and processing: other exclusions may apply. payment If you womd like information about credit counseling services. call-. Questions? Customer Service Payment Address: Neiman Marcus, P0 Box 5235, Carol Stream. IL 601 97-5235 Billing Inquiries: Neiman Marcus. PO Box 729080, Dallas, TX 75372-9080 Manage Your account online at www.NeimanMarcus.com/nmcard Important Information STREAM IL 601 97-5235 You can pay your bill online or over the phone. It's free! REMINDER: When using your bank to make online/electronic payments to Neiman Marcus. please confirm that the payment address is PO BOX 5235 CAROL Detach and return bottom portion with your payment. 004691 5Y 29 STMTAA D 9607 See reverse slde for Important Information “Ill”lIlll[IllI”IlllllIIIIII”lIIIllllIIIIHIIIIHIIIIIIIHIII NGOC DUONG 1417 SUNSHINE CT SAN JOSE CA 95122-2656 Account Number: _-2568 New Balance $5,979.69 Minimum Payment Due $285.00 Payment Due Date 06/27/2019 Include account number on check (o Neiman Marcus. Do not send cash. Please send your payment 7 to 1O days prior to the payment due date to ensure Qimely delivery. 004 AMOUNTENCLOSED $DDDDDDD NEIMAN MARCUS PO BOX 5235 CAROL STREAM IL 60197-5235 What To Do if You Think You Find a Mistake on Your Statement: If you lhink {here is an error on your slatement, write to us on a separaie sheet at P.O. BOX 729080, DaHas, Texas 75372-9080. In you: letter, give us the following information: - Account information: Your name and account number, - Dollar amount: The dollar amount of lhe suspected error, - Description of Problem: [f 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 lhe ermr appeared on your statement You must notify us of any potential errors in writing. You may call us or notify us electronically, bul if you do we are not required to investigate any potential errors and you may have lo pay lhe amounl in question. We will notify you in writing within 30 days of our receipl of your letter‘ While we investigate whether or nol there has been an ermr, lhe following are true: - We cannot try (o coHect the amount in question, or report you as delinquent on lhal amount. 4 The charge in question may remain on your statement, and we may continue lo charge you interest on that amount. But, if we determine that we made a mistake: you will not have io 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 unlil we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. - We can apply any unpaid amount against your credit limit. Within 90 days of out teceipt of your letter. we will send you a written notice explaining either that we corrected the error (10 appear on your next statement) or the reasons we believe the bill is correct, Your Rights if You Are Dissatisfied With Your Credit Card Purchases: If you are dissafisfied with the goods or services that you have purchased wnh your credit card, and you have tried in good faith to correci the problem with the merchant, you may have the right not lo pay the remaining amount due on lhe purchase, To use this right, the following must be true: 1. You must have used your credit card for the purchase Purchases made with cash advances fiom an ATM or with a check that accesses you! credit card account do not qualify; and 2. You must n01 yet have fully paid for the purchase; If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at F'.O. BOX 729080, Dallas, Texas 753729080. While we investigate, the same rules apply to the disputed amount as discussed above. Afler we finish our investigation, we will tell you our decision At that point, ifwe think you owe an amounl and you do not pay we may report you as delinquent. For all billing [elated ianiries (including questions on account balances, name and/or address changes, lost or stolen cards, or any problems with a store purchase). please contact: NEIMAN MARCUS CUSTOMER SERVICE P.O. BOX 729080. DALLAS TEXAS 75372-9080 You may also telephone your inquiry a1 or- Monday through Friday (B:00 A.M to 7.00 P.M. CST) and Saturday (09.00 A.M. to 5.00 P. M. CST). How to Avoid Paying |n(erest (Grace Period): To avoid additional interesl charges, pay by the Payment Due Daie indicated on the front of your billing statement: 1) the New Balances of.your Regular Credit Plans, plus 2) the New Balance of any Waived Inieresl Charge Credit Plan thal is expiring in the current billing cycle, plus 3) any Minimum Payments Due on other Waived Interest Charge Credit Plan‘ BALANCE SUBJECT TO INTEREST RATE: (a) Interest Charges are calculated separaiely for each Promotional Credit Plan and each Regular Credit Plan (each a "Credit Plan“). Promotional Credit Plans wilh different promotional due dates or terms are heated as different Credit Plans for this purpose. The Balance Subiect to Interest Rate on a Credit Pian is (he Average Daily Balance. (b) The "Daily Balance" of a Credit Plan is determined by taking lhe opening balance of (he Credit Plan for that day, and adding 1) any new purchases made on the Credit Plan that day, 2) the previous day's lnteres1 Charges, 3) any late fees, recurned check fees, and other fees incurred on that day and subtracting any payments or credits applied lo the Credit Plan that 55019 (03/01/18) Changing your mailing address? day. lf the account is subiect to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Dally Balances in the curreni cycle. If a transaction for a returned payment or a dispute resoIved in our favor posts after the beginning of the billing cycle, the applicable daily balance and any related Interest Charge calculations will be adjusted retroactively to include lhe transaction amount as of the date of the original transaction. (c) An Average Daily Balance is determined by adding the Daily Balances for a Credit Plan and dividing by the number of days in lhe applicable billing cycle. Periodic Inlerest Charges for a Credit Plan may be determined by applying lhe Daily Periodic Rale to an amounl equal to the Average Daily Balance of lhe Credit Plan limes the number of days in the billing cycle You can determine your Daily Periodic Rate by dividing lhe APR by 365. Annual Percentage Rate: lfyour Account has a variable rate, your Annual Percentage Rate may vary. About Your Payment: You agree lo pay at least the Minimum Payment Due in time io be credited 10 your Account as of lhe Payment Due Date‘ You may pay more than lhe Minimum Payment Due. and you may pay the entire New Balance at any time, Payments should be mailed with a single coupon lo the payment address shown on 1he from of this billing statement. Payments must be made by a single check or money order payable in US. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using lhe phone number 0! Web address listed on the front of this billing statement. Payments received on any day a1 the payment address shown on the front by 5:00 p.m. in the time zone ofsuch payment address wilt be credited lo your Account as of the date of receipt. Payments submitted by phone or online by 5:00 pm. Pacific Time will be credited l0 your Accoum as of lhe date of receipt. All payments received after 5:00 pm. of the time zone indicated will be credited the next day. Crediting payments :o your Account may be delayed up 10 five days if the payment is no! made as described above, or: is not mailed to and received al the address p(ovided for remittance; is n01 accompanied by the payment coupon; is stapled, fo|ded, or paper dipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use Information from your check to make an EFT, 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. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amounl and timing of each payment Please retain this authorization for your records. How Payments are Applied to Your Account: We apply lhe amounl ofyour payment lo satisfy the Minimum Payment Due calculaied on each credit plan first and any excess amount is then applied lo higher APR balances before lower APR balances. Hearing Impaired: Ifyou are hearing impaired. cafl Telecommunications Devices for the Deaf (TDDITTY) at lhe phone number listed on lhe front of this billing statemenl. Negative Credit Bureau Reporting: We may report information about your account to credit bureaus. Late payments, missed payments, 0r other defaults on your account may be reflec‘ed in your credit repott. If any specific information related (o your account, lransactions or credit experience with us is inaccurate‘ you may notify us and request us to correct the inaccuraie information (afler confirmation of the alleged error) reported to any credit reporting agency by writing to us at the billing inquiries address listed on the front of this billing statement. Debt CoIIection: We are required by law, if applicable, lo notify you that we are collecting a debt, and any information obtained will be used for ihal purpose. © 2015 Capital One. Capital One is a federally registered service ma(k. All rights reserved. $8019 (03/01/18) You can change your address by signing into your account online or by calling Customer Service. See the front of this statement for our website and phone number. Capta- Neiman Marcus Account Statement Page 2 of 2 Account Number-2568 From April 30, 2019 to May 29. 201 9 Transactions Payments/Return s/Credits Travis Date Post Date Description of Transaction or Credit Reference Number Amount 04/30/1 9 04/30/1 9 PAYMENT - THANK YOU 600000091 2001ZDNVT32YBV -$2.500.00 05/09/19 05/09/19 PAYMENT - THANK YOU 6000000912901 5245VW3X6P -$5.818.50 Total Paymentiseturns/Credits For This Period -$B.31 8.50 Purchaseleebits Trans Date Post Date Description of Transaction or Credit Purchase Type Reference Number Amount 04/30/19 05/04/19 RETURNED PAYMENT Reg - Purch $2,500.00 05/09/19 05/15/19 RETURNED PAYMENT Reg - Purch 55.81850 Total Purchases For This Period $8,318.50 Fees Trans Date Post Date Description of Fees Reference Number Amount 05/27/19 I 05/27/19 LATE CHARGE ASSESSMENT Reg - Purch $27.00 Total Fees tor This Period ' $27.00 Interest Charged Description of Interest Charge Amount INTEREST CHARGE ON PURCHASES V $134.19 Total Interest For This Period I $134.19 {.- 7,7,. I . --To-t‘a‘is Year to Date Total fees charged $27.00 Total interest charged $134.19 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Regular Purchase 00007 - 01 27.74% (v) $5,885.77 $1 34.1 9 v=Van'ab/e Rate Credit Plan Information Credit Plan/Promotion Type Purchase Promotional Previous New Minimum Deferred Promotional Payoff Date ‘ Expiration Date Balance Balance Payment Interest Amount Regular Purchase 00007 - O1 N/A NIA 55,81 8.50 $5,979.69 $285.00 $0.00 $5,979.69 EXHIBIT C Caw- Neiman Marcus Account StatementNWMW Page 1 of 2 Account Number 2568From October 30. 2019 to November 29. 201 9 @NCIRCLE' ] Summary of Account Activity _ 7Payi'ne-nt Information w mmagma Previous Balance $6.91 4.90 New Balance $7.1 14.76 7- payments _ $0 00 Minimum Payment Due $1 £35.00 ‘ P t D e Date December 27. 2019CIRCLE FOUR LEVEL Other Credits _ $0.00 aymen u PUFChESES/Debits + $090 Late Payment Warning: If we do not receive your Past Due Amount $1 560.00 minimum payment by the date listed above. you may 2019 PROGRAM POINTS ' PR EVIOUS POINT B LANCE o Fees Charged $38.00 have to pay a late fee of up to $38.00. A 15,80 '"te'eSt Cha'ged 3161-35 Minimum Payment Warning: If you make only the POINTS EARNED New Balance 57,1 1 4.76 minimum payment each period, you will pay more in interest and it will take you longer lo pay off your POINTS REDEEMED balance. For example: POINTS AVAILABLE 15,800 Grad“ “m“ 59900-00 Credit Available $0.00 lf you make no You will pay off And you will 2019 POINTS EXPIRE 1/31/20 Statemem Closing Date November 29' 2019 additional , the balance _ end up paying , , , charges usmg shown on this an estimaed Days 'n emmg cyc'e 31 this card and statement in total of... Can Ton Free 1388-INCIRCLE or visit ea°h "mm" Y°” 3'39“"- InCircle.com for assistance. pay‘" . . _ Only the 20 Years $18,030 lnClrcIe Pomts are not earned on tax or delivery minimum and processing; other exclusions may apply. payment If you would like information about credit counseling services, call-. Payment Address: Neiman Marcus, PO Box 5235, Carol Stream, IL 60197-5235 Billing Inquiries: Neiman Marcus, PO Box 729080, Dallas, TX 75372-9080 Manage Your account online al www.NeimanMarcus.com/nmcard Questions? Customer Service - Important Information REMINDER: When using your bank to make onlineleleclronic payments to Neiman Marcus, piease confirm that the payment address is P0 BOX 5235 CAROL STREAM IL 601 97-5235 You can pay your bill online or ovet the phone. It's free! Per the terms of your account, your account is eligible to be charged off prior to the due date listed. Detach and return bottom portion with your payment. 004691 5 E 29 STMTAA l 10891 See reverse side for Important lnform'atlon Account Number: --2568 - a New Balance $7,114.76 Minimum Payment Due $1,835.00 Payment Due Date 12/27/201 9 Include account number on check to Neiman Marcus. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT $DDDDDDDENCLOSED 'II'I-IH'IHH-"uh‘ll|"||'|‘h--I'I'I"nIdlhhlnllhlnl Neoc DUONG 1417 SUNSHINECT SAN Jose CA 95122-2656 NEIMAN MARCUS PO BOX 5235 CAROL STREAM IL 60197-5235 What To Do if You Think You Find a Mistake on Your Statement: If you think there is an error 0n your statement. write to us on a separate sheet at P.O. BOX 729080. Dallas: Texas 75372-9080. In your letter, give us the following information: o Account information: Your name and acoount numben - Dollar amount: The dollar amount of the suspected error. - Description of Problem: If you think there is an error on your bill, descrbe what you believe is wrong and why you believe it is a mistake. You rnust contact us within 60 days after the error appeared 0n your statement. You must nolify us of any potential errors in writing. You may call us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have lo pay the amount in question We will notify you in writing within 30 days of our teceipl of your letter. While we investigate whether or nol there has been an error, the foflowing are true: - We cannot try lo collect lhe amount in question, or report you as delinquent on lhat amount, ' The charge in question may remain on your statement, and we may continue 10 charge you interest on ihat 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 lo that amount. o While you do not have ‘0 pay ‘he amount in question until we send you a notice about the outcome of oux investigation, you are responsible for lhe remainder of your balance. v We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights if You Are Dissatisfied With Your Credit Card Purchases: [f you are dissatisfied wnh the goods or services that you have purchased with your credit card, and you have tried in good faith lo correct the problem with the merchant, you may have the right nol lo pay the remaining amount due on {he purchase. To use this right. the following must be true: 1. You must have used your credit card for the purchase. Purchases made wilh cash advances from an ATM or with a check mat accesses your credit card account do not qualify; and 2. You must not yet have fully paid for the purchase. lf all of the criteria above are met and you are still dissatisfied with Ihe purchase, contact us in writing at P.O. BOX 729080, Dallas‘ Texas 75372-9080. Whiie we investigate, the same rules apply lo 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 nol pay we may report you as delinquent. For all billing related inquiries (including questions on accoun1 balances: name and/or address changes, lost or stolen cards, or any problems with a slore purchase), please contact: NEIMAN MARCUS CUSTOMER SERVICE, P.O. BOX 729080, DALLAS, TEXAS 75372-9080. You may also telephone your inquiry at- or- Monday through Friday (8:00 A.M. to 7:00 P_M‘ CST) and Saturday (09:00 A.M. to 5:00 P_M. CST). How to Avoid Paying Interest (Grace Period): To avoid additional interest charges; pay by ’ the Payment Due Date indicated on the front ofyour billing statement: 1) :he New Balances of your Regular Credil Plans, plus 2) the New Balance of any Waived Interest Charge Credii Plan lhal is expiling in the current billing cycle, plus 3) any Minimum Payments Due on other Waived Interest Charge Credit Plan, BALANCE SUBJECT TO INTEREST RATE: (a) Interest Charges are calculated separately for each Promotional Crecfit Plan and each Regular Credit Plan (each a 'Credil Plan"). Promotional Credit Plans with different promotional due dates or terms are lreated as different Credit Plans for this purpose. The Balance Subject to Interest Rate on a Credit Plan is the Average Daily Balance (b) The "Daily Balance" of a Credit Plan is delermined by taking the opening balance of the Credit Plan for that day, and adding 1) any new purchases made on the Credit Plan (hat day, 2) the previous day’s Interest Charges. 3) any late fees: relurned check fees. and oiher fees incurred on that day and subtracting any payments or credits applied to {he Credit Plan that $8019 (oaloma) I Changing your mailing address? day. If the account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracled from all Daily Balances in the current cycle, If a lransaction for a returned payment or a dispute resolved in our favor posts after the beginnInQ of the billing cycle, {he applicable daily balance and any related Interest Charge caIculalions will be adjusted retroactiveiy to include the transaction amount as of the date of the original transaction. (c) An Average Daily Balance is delermined by adding the Daily Balances for a Credit Plan and dividing by the number of days in the applicable billing cycle. Periodic Interest Charges for a Credit Plan may be determined by applying the Daily Periodic Rate to an amounl equal lo the Average Daily Balance of the Credit Plan times the number of days in the billing cycle. You can determine your Daily Periodic Rate by dividing the APR by 365. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rale may vary. About Your Payment: You agree lo pay at least the Minimum Payment Due in lime to be crediled to your Account as of the Payment Due Date. You may pay more 1han the Minimum Payment Due, and you may pay the entire New Balance at any lime. Payments should be mailed wiih a single coupon lo the payment address shown on the front of this biliing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.$. Institution. Payments may also be made using our optional payment by phone or online sewices using lhe phone number or Web address listed on (he front of this billing statement, Payments received on any day at lhe payment address shown on the front by 5:00 p.n1. in the time zone of such paymenl address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 pm. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 pm. of the time zone indicated will be credited (he next day. Credifing payments 10 your Account may be defayed up lo five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds shoutd be mailed to the inquiry address shown on the froni of your biHing statement. By sending us a check for payment on your Account, you authorize us to make a one tlme electronic funds transfer (EFT) from yo'ur bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, 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. Payment by Phone: When you use our optional payment by phone service: you amhorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment, Please retain lhis authmization for your records How Payments are Applied to Your Account: We apply the amount of your payment to satisfy the Minimum Payment Due calculated on each credii plan firsl and any excess amount is then applied to higher APR balances before lower APR balances. Hearing Impaired: {f you are heafing impaired, call Telecommunications Devices for 1he Deaf (TDD/TTY) at the phone number listed on the front of this billing statement. Negative 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 If any specific information related to your account. transacfions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reponed 10 any credit reporting agency by writing to us a! the billing inquiries address listed on the front of this billing stafement Debt Collection: We are requited by law, if applicable, to notify you that we are collecting a debt, and any information obtained will be used for that purpose © 2015 Capilal One. Capital One is a federally registered service ma(k. All rights resen/ed. 83019 (03/01/18) You can change your address by signing into your account online or by calling Customer Service. See the front of this statement for our website and phone number. Cafma'fi- Neiman Marcus Account Statement Page 2 of 2 Account Number 568 From October 30, 2019 to November 29. 2019 Transactions Fees Trans Date Post Date Description of Fees Reference Number Amount 11/27/19 11/27/19 LATE CHARGE ASSESSMENT Reg - Purch $38.00 Total Fees fat This Period $38.00 Interest Charged Description of Interest Charge Amount INTEREST CHARGE ON PURCHASES $161 .86 Total Interest For This Period $161 .86 Totals Year t9 Date Total fees charged $255.00 Total interes‘ charged $1 .041 .26 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Regular Purchase 00007 - 01 27.24% (v) $6,996.54 $161 .86 v= Variable Rate Credit Plan Information Credit Plan/Promotion Type Purchase Promotional Previous New Minimum Deferred Promotional Payoff Date Expiration Date Balance Balance Payment Interest Amount Regular Purchase 00007 - O1 N/A N/A $6,914.90 $7,114.76 $1 £35.00 $0.00 $7.1 14.76
