Complaint Limited Up to 10KCal. Super. - 6th Dist.April 30, 2021\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 4/30/2021 11:33 AM Christopher D. Mandarich SB 220693 C'erk 9f court Ajay good 33325294 Superlor Court of CA, Hayk Stambultsyan SB320973 County Of Santa Clara Amber Swearingen-Ojuri SB324653 21 CV381 158 MANDARICH LAW GROUP, LLP Reviewed By: R_ Guille, P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: Midland Credit Management, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED Midland Credit Management, Inc, Case N0. 21 CV381 158 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED DUY PHAM, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $6,147.80 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc, and successor in interest to original creditor, CAPITAL ONE BANK (USA), N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc 350 Camino De La Reina Suite 100 San Diego CA 92108. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CAPITAL ONE BANK (USA), N.A., 4851 COX ROAD GLEN ALLEN, VA 23060, and the account number associated With this debt is XXXXXXXXXXXX6394. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 m0 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is DUY PHAM, 2701 ANDARE CT , SAN JOSE, CA 95135-1259. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9.Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, CAPITAL ONE BANK (USA), N.A. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CAPITAL ONE BANK (USA), N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX6394 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed t0 repay CAPITAL ONE BANK (USA), N.A. and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase ofgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay CAPITAL ONE BANK (USA), N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n December 11, 2018. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 16.The debt balance at charge-off was $6,147.80, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $6,147.80. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Upon information and belief, CAPITAL ONE BANK (USA), N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant. 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO of the Final Billing Statement and/or Transaction History. FIRST CAUSE OF ACTION (Account Stated) 23.P1aintiff refers t0 and incorporates paragraphs 1 through 22. 24.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $6,147.80 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 25.P1aintiff refers t0 and incorporates paragraphs 1 through 24. 26.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by CAPITAL ONE BANK (USA), N.A.. Although demand has been made upon Defendant, said amount 0f $6,147.80 has not been paid, and it is now due, owing and unpaid from Defendant t0 Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>-‘ NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-RUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $6,147.80, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 04/27/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 nh/M ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A pCa' itJomt Payment Information Account Summary Payment Due Date Nov. 11, 2018 For online and phone payments, the deadline is 8pm ET. New Balance Minimum Payment Due $4,993.98 $147.00 LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, you may have to pay a late fee of up to $38.00. MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you wi|| pay more in interest and it wi|| take you longer to pay off your balance. For example: If you make no additional charges using {his card and each You wi|| pay of'f the balance shown on this statement And you will end up paying- an estimated month you pay... in about... total of... Minimum Payment 21 Years $13,651 $192 3 Years $6,927 Page 1 of 2 World MasterCard Account Ending in 6394 Sep. 15, 2018- Oct. 14, 2018 | 30 days in Billing Cycle Estimated savings if balance is paid off in about 3 years: $6,724 If you would like information about credit counseling services, call 1-888-326-8055. Previous Balance $5,039.62 Payments - $150.00 Other Credits $0.00 Transactions + $9.99 Cash Advances + $0.00 Fees Charged + $0.00 Interest Charged + $94.37 New Balance = $4,993.98 Credit Limit $5,300.00 Available Credit (as of Oct. 14, 2018) $306.02 Cash Advance Credit Limit $150.00 Available Credit for Cash Advances $150.00 r Rewards Balance Track and redeem your rewards with our $ 18. 5]. mobile app or on ~ I : 'r mm Previous Balance Earned This Period Redeemed This Period $18.36 $0.15 $0.00 Account Notifications “€65 You are enrolled in AutoPay. You've selected to pay the minimum amount due, which wi|| be debited from your bank account on your due date. If your payment is more than your current balance, we will only debit the current balance. Pay or manage your account on our mobile app or at www.capitalone.com. Please send us this portion uf your statement and only one check (ur one money order) tu Capfla ' ensure your payment is processed promptly. Allow at least seven business days fur delivery. Payment Due Date: Nov. 11, 2018 Account Ending in 6394 Customer Service: 1-800-903-3637 See reverse for Important Information 400039 Pay your bill New Balance $4,993.98 Minimum Payment Due $147.00 $ DUY PHAH E?Dl ANDARE CT SAN JOSE1 CA 35135-1253 Amount Enclosed on the go. $ Pay your bill securely and review transactions with the Capital Onea mobile app. Capital One P.0. Box LDSHH City of Industry1 CA Hl?lh-DSHH 1 How can | Avoid Paying Interest Charges? If you pay your statement's New Balance in full by the due date, we will not charge you interest on any new transactions that post to the purchase segment. If you have been paying your account in full with no Interest Charges, but then you do not pay your next New Balance in full, we will charge interest on the portion of the balance that you did not pay. For Cash Advances and Special Transfers, we will start charging Interest on the transacfion date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information. How is the Interest Charge applied? Interest Charges accrue from the date of the transacfion or the first day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle. Unpaid Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Chame? We may assess a minimum Interest Charge of $0.00 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new tansactions). .First, for each segment we take the beginning balance each day and add in new transacfions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transacfions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment, we add the daily balances togeiher and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3.At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges forall segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can my Variable APR change? YourAPRs may increase or decrease based on one of the following indices (reported in The Wall Street Journal ). The letter code below corresponds wiih the letter next to your APRs in the Interest Charge Calculafion secfion of this statement. _\ Code next to How do we calculate your When your APR(s) will change vour APRjg) APR s ? Index + mar in P Prime Rate + margin The first day of the Billing Cycles that L 3 month LIBOR + margin end in Jan., April, July, and Oct. D Prime Rate + margin The first day of each Billing Cycle. F 1 month LIBOR + margin How can | Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacfing Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can | Close My Account? You can contact Customer Service anytime to request that we close your account. Changi_ng Mailing Address? You can change your address immediately at upitalonemm or complete the information below, and return this coupon with your payment. Please print using blue or black ink. Street City State Zip code Phone Email 001 How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transacfion. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR), and then to balances wiih higher APRs. We apply any part of yourpayment exceeding your Minimum Payment to the balance wiih the highest APR, and then to balances with lowerAPRs. Billin Ri hts Summa Does not | to Small Business Accounts What To Do If You Think You Find A Mistake 0n Your Statement : If you think there is an error on your statement, write to us at: Capital One P.0. Box 30285 Salt Lake City, UT 84130-0285. In your letter, give us the following information: o Account informafion: Your name and account number. o Dollar amount: The dollar amount of the suspected error. o Descripfion 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 potenfial errors in wrifing. You may call us or nofify us electronically, but if you do we are not required to investigate any potenfial errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error, the following are h'ue: o We unnot 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 quesfion or any interest or other fees related to that amount. o While you do not have to pay the amount in quesfion unfil we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. o We un apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written nofice 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 Purchase: If you are dissatisfied with the goods or services that you have purchased with your credit lard, and you have tied in good faith to correct the problem wiih the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, the following must be true: 1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or wiih a check that accesses your credit card account do not qualify; and 2) You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissafisfied with the purchase, contact us in writing at: Capital One, P.0. Box 30285, Salt Lake City, UT 84130-0285. While we invesfigate, 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. ETC-08 © 2016 Capital One. Capital One is a federally registered service mark 11/01/16 How do | Make Payments? You may make your payment'In several ways: Online Banking by logging into your account; 2. Capital One Mobile Banking app for approved electonic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account inforrnafion. When will you Credit My Payment? o For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. o For mail, as of the business day we receive it, as long as it is received by 5 p.m. local fime at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. -/a Page 2 of 2' W World MasterCard Account Ending in 6394capfla/l Sep. 15, 2018 - Oct. 14, 2018 | 30 days in Billing Cycle Transactions 300084 680- Stay on top of your credit score. Visit ‘ to see detailed transactions. i . , , . qultpr yqur credit scqre With CredItWIse” DUY PHAM #6394: Payments, Credits and Adjustments bu'lt ”9m 'nto the cap'ta' one mOb'le app‘ Dale Description Amount Oct 11 CAPITAL ONE AUTOPAY PYMTAuthDate - $150.00 21-Sep DUY PHAM #6394: Transactions Dale Description Amount Oct 2 Microsoft*Xbox Live GoRedmondWA $9.99 DUY PHAM #6394: Total $9.99 Total Transactions for This Period $9.99 Dale Description Amount Total Fees for This Period $0.00 Interest Charge on Purchases $94.37 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $94.37 Total Fees charged $39.00 Total Interest charged $802.77 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subiecl Interest Charge Balance Rale(APR) lo Interest Rate Purchases 22.65% P $5,069.56 $94.37 Cash Advances 22.65% P $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. EXHIBIT B pCa' itJomt Payment Information Account Summary Page 1 of 3 World MasterCard Account Ending in 6394 Jun. 15, 2019- Jul. 14, 2019 | 30 days in Billing Cycle Payment Due Date For online and phone payments, PAST DU E the deadline is 8pm ET. New Balance Minimum Payment Due $6,147.80 $6,147.80 IMPORTANT ACCOUNT UPDATES: Your full balance is due. Any payment you make wi|| reduce your balance and help pay off your debt faster. The amount you owe may differ if you've entered into a separate payment agreement. Previous Balance $6,031.97 Payments $0.00 Other Credits $0.00 Transactions + $0.00 Cash Advances + $0.00 Fees Charged + $0.00 Interest Charged + $1 15.83 New Balance = $6,147.80 Available Credit (as of Jul. 14, 2019) N/A 300079 C IaPlfa/lOne® Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobile app or at www.capitalone.com. Customer Service: 1-800-258-9319 See reverse for Important Information Please send us this portion uf your statement and only one check (ur one money order) tu Capfla ' ensure your payment is processed promptly. Allow at least seven business days fur delivery. 400030 Payment Due Date: Past Due Account Ending in 6394 ’ New Balance Minimum Payment Due Amount Enclosed $6,147.80 $6,147.80 $ DUY PHAn E?Dl ANDARE CT SAN JOSE1 CA 35135-1253 apfl'a/IOne® Capital One P.0. Box LDSHH City of Industry1 CA Hl?lh-DSHH ’I How can | Avoid Paying Interest Charges? If you pay your statement's New Balance in full by the due date, we will not charge you interest on any new transactions that post to the purchase segment. If you have been paying your account in full with no Interest Charges, but then you do not pay your next New Balance in full, we will charge interest on the portion of the balance that you did not pay. For Cash Advances and Special Transfers, we will start charging Interest on the transacfion date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information. How is the Interest Charge applied? Interest Charges accrue from the date of the transacfion or the first day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle. Unpaid Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Chame? We may assess a minimum Interest Charge of $0.00 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new tansactions). .First, for each segment we take the beginning balance each day and add in new transacfions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transacfions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment, we add the daily balances togeiher and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3.At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges forall segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can my Variable APR change? YourAPRs may increase or decrease based on one of the following indices (reported in The Wall Street Journal ). The letter code below corresponds wiih the letter next to your APRs in the Interest Charge Calculafion secfion of this statement. _\ Code next to How do we calculate your When your APR(s) will change vour APRjg) APR s ? Index + mar in P Prime Rate + margin The first day of the Billing Cycles that L 3 month LIBOR + margin end in Jan., April, July, and Oct. D Prime Rate + margin The first day of each Billing Cycle. F 1 month LIBOR + margin How can | Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacfing Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can | Close My Account? You can contact Customer Service anytime to request that we close your account. Changi_ng Mailing Address? You can change your address by signing into your account online or ulling Customer Service. ‘z Pay online at www.capitalone.com i Pay using our mobile app 001 How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transacfion. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR), and then to balances wiih higher APRs. We apply any part of yourpayment exceeding your Minimum Payment to the balance wiih the highest APR, and then to balances with lowerAPRs. Billin Ri hts Summa Does not | to Small Business Accounts What To Do If You Think You Find A Mistake 0n Your Statement : If you think there is an error on your statement, write to us at: Capital One P.0. Box 30285 Salt Lake City, UT 84130-0285. In your letter, give us the following information: o Account informafion: Your name and account number. o Dollar amount: The dollar amount of the suspected error. o Descripfion 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 potenfial errors in wrifing. You may call us or nofify us electronically, but if you do we are not required to investigate any potenfial errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error, the following are h'ue: o We unnot 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 quesfion or any interest or other fees related to that amount. o While you do not have to pay the amount in quesfion unfil we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. o We un apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written nofice 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 Purchase: If you are dissatisfied with the goods or services that you have purchased with your credit lard, and you have tied in good faith to correct the problem wiih the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, the following must be true: 1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or wiih a check that accesses your credit card account do not qualify; and 2) You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissafisfied with the purchase, contact us in writing at: Capital One, P.0. Box 30285, Salt Lake City, UT 84130-0285. While we invesfigate, 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. ETC-08 © 2016 Capital One. Capital One is a federally registered service mark 11/01/16 How do | Make Payments? You may make your payment'In several ways: 1. Online Banking by logging into your account; 2. Capital One Mobile Banking app for approved electonic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account inforrnafion. When will you Credit My Payment? o For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. o For mail, as of the business day we receive it, as long as it is received by 5 p.m. local fime at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. Any written requests on this form will not be honored. To manage your account, please refer to your billing statement for customer service options. ' " Page 2 of 3 Capital ““ World MasterCard Account Ending in 6394 ./ Jun. 15, 2019 - Jul. 14, 2019| 30 days in Billing Cycle Transactions 300079 Visit ‘ to see detailed transactions. ’° ® DUY PHAM #6394: Payments, Credits and Adjustments ap'ta/lone Dale Description Amount DUY PHAM #6394: Transactions Dale Description Amount Dale Description Amount Total Fees for This Period $0.00 I Interest Charge on Purchases $1 15.83 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $1 15.83 i Total Fees charged $1 53.00 Total Interest charged $766.40 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subiecl Interest Charge Balance Rale(APR) lo Interest Rate Purchases 23.15% P $6,087.76 $1 15.83 Cash Advances 23.15% P $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. 201 146 Your account has charged off. It is now being serviced by the Recoveries department. Call 1-800-258-9319 if you have questions about this notice.
