DeclarationCal. Super. - 6th Dist.April 30, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/2/2021 12:00 AM Reviewed By: D Harris Case #21CV381174 Envelope: 6970710 21CV381174 Santa Clara - Civil D Harris KOOOQQUI-PUJNr-n NNNNNNNNNHHr-Ir-twt-r-dr-Ir-ay-n OOflQUl-DUJNHOWOO‘dQUlhwwHO Christopher D. Mandarich SB 220693 Ajay Sood SB325294 Hayk Stambultsyan SB320973 Amber Swearingen-Ojuri SB324653 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Telephone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintiff: Midland Credit Management, Inc SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION Midland Credit Management, Inc, Case N0. 2 1CV3 81 174 Plaintiff, DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT PURSUANT T0 MINH Q LE, 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 N 3 4 5 6 7 8 STATE OF CALIFORNIA COUNTY OF 9 10 MidlandCredit Management, Inc, 11 Plaintifi 12 ~VS- DECLARATION OF RANDY SOLTIS IN SUPPORT OF JUDGMENT 13 MINH Q LE, 14 Defendant(s). 15 16 Randy Soltis, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 17 56303, certifies and says the following statement in support of Plaintifi‘s Application for 18 Default Judgment: 19 1. I am an officer for and employed as a Legal Specialist by Midland Credit Management 20 Inc. ("Plaintifi"). I am a competent person over eighteen yéars of age, and make the statements 21 herein based upon persona] knowledge of those account records maintained by Plaintiff. 22 'Plaintifi is the current owner 0f, and/or successor to, the obligation sued upon, and was 23 assigned all the rights, title and interest to Defendant's CAPITAL ONE BANK (USA), NA. 24 account XXXXXXXXXXXX424O (MCM Number- (hereinafter "the account"). 25 2. Ihave access to and have reviewed the electronic records pertaining to the account 26 maintained by Plaintiff and am authorized t0 make this affidavit on Plaintiff‘s behalf. The 27 electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff DECLARATION OF RANDY SOLTIS IN SUPPORT OF IUDGMENT - 1- AFFRECMEDIA - 1 purchased 0r was assigned the account, together with records generated by Plaintifi in 2 connection with servicing the account since the date Plaintiff purchased 0r was assigned the 3 account. In addition, I reviewed the documents that are attached t0 this affidavit. 4 3. I am familiar with and trained 0n the manner and method by which MCM creates 5 and maintains its business records pertaining to this account, which consist 0f (i) data and 6 documents acquired from the seller, and (ii) subsequent collection and/or servicing activities 7 by MCM. The records are acquired 0r created, and are kept in the regular course ofMCM’S 8 business. It was in the regular course 0fMCM’S business for a person with knowledge of 9 the subsequent collection and/or servicing activities recorded to make the record or data 10 compilation, or t0 transmit information thereof to be included in such record, 0r for such 11 information t0 be posted in MCM’S records by a computer or similar digital means. In the 12 regular course ofMCM’s business, the record or compilation 0f the subsequent collection 13 activities is made at or near the time of the act 0r event by MCM as a regular practice. 14 4. On 0r about 2020-04-24, Midland Credit Management, Inc became the successor in 15 interest to this account. Plaintiff acquired and incorporated the attached account records into 16 its permanent business records as a result 0f Plaintiff‘s purchase or assignment 0f the account. 17 These records are kept in Plaintiffs regular course of business and, along With the electronic 18 records provided at the time 0f purchase 0r assignment, are Plaintiff‘s primary source 0f 19 business records for this account. 20 5. The accuracy of such records is relied upon by Plaintiff in collecting this account. These 21 records are trustworthy and relied upon because the original creditoi: was required to keep 22 careful records ofthe account at issue in this case as required by law and/or suffer business 23 loss. 24 6. This account was purchased after 2014-01-01 and, therefore, is subject t0 California Civil 25 Code Section 1788.60. 26 7. In accordance with California Civil Code sections 1788.58(a)(3-8), Piaintifi’s records 27 show the following relevant information concerning the account: DECLARATION OF RANDY SOLTIS IN SUPPORT OF JUDGMENT - 2- AFFRECMEDIA - 1 a. Plaintiff is thc sole owner 0f the account. 2 b. The account was opened 0n 2014-09-22 and charged-off on 2020-03-11 with a 3 balance 0f$1,822.82. 4 c. Plaintifl‘s records show that the balance of$1,822.82 remains due and owing as 5 0f2021-06-02. Plaintiffis not seeking t0 recover any post charge-ofi interest and/or fees that 6 may have been imposed by the charge-off creditor or subsequent purchasers 0f the debt and is 7 seeking to recover only that portion of the charge-off balance that remains due and owing as of 8 202 1 -06-02. 9 d. The last payment posted to the account 0n 2019-07-27. 10 e. The charge-off creditor name and address at the time of charge-ofi: ] 1 CAPITAL ONE BANK (USA), N.A., 4851 COX ROAD , GLEN ALLEN, VA 12 23060 13 f. The Charge-off account number associated With the debt at time of charge-off was 14 XXXXXXXXXXXX4240. 15 g. Defendant's name and last known address as it appeared in the Charge-off creditor 16 0r debt owner‘s records prior t0 the sale t0 Plaintiff: 17 MINH Q LE, 1617 PHANTOM AVE , SAN JOSE, CA 951255334 18 h. The complete chain oftitle including CAPITAL ONE BANK (USA), NA. and all 19 post charge-offpurchasers/assignees of the debt are as follows: 20 1. CAPITAL ONE BANK (USA), NA. 4851 COX ROAD,GLEN ALLEN,VA,2306O 21 2. Midland Credit Management, Inc. 350 CAMINO DE LA RETNASUITE 100,SAN 22 DIEGO,CA,92108 23 8. Plaintiff‘s records show that Plaintifi‘ 0r its agents made demand for payment of the 24 balance herein prior t0 making this affidavit and Defendant(s) failed t0 make full payment of 25 the amount owed on the account. 26 9. Attached hereto as Exhibits A, B, and C are the account records I reviewed in executing 27 the affidavit that relate to the account and/or payment(s) received. DECLARATION OF RANDY SOLTIS IN SUPPORT OF JUDGMENT - 3- AFFRECMEDIA _ bUJN \DOONQUI Exhibit A. Chain 0f Title and Seller/Assignor 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 - establishing the fact required under Civil Code section 1788.58(a)(5) Exhibit C. Final Billing Statement 01‘ 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 0r 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 to all the facts stated herein. I declare under penalty 0f peljury under the laws 0f the State of California that the foregoing statements are true and correct. mm; @252: w Date I Randy Soltis V IL85 Mandarich Law Group, LLP DECLARATION OF RANDY SOLTI'S IN SUPPORT OF JUDGMENT - 4- . AFFRECMEDIA ' - EXHIBIT A Forward Flow Receivable Sale Agreement dated January 6, 2020‘ BILL OF SALE Closing Date: April 24, 2020 Capital One Bank (USA), 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 OMEGABN0076.SALES.PROD-EASTBFRLE202004 1 7__BN0076_main.dat.gz OMEGA.BNOO76.SALES.PROD-EASTBFRLE202004 1 7flBNOO76ucustomerdat. g2 OMEGABNOO76.SALES.PROD-EASTBFRLE20200417_BN0076_phone.dat.gz (which may be in electronic form) to Midland Credit Management, Ina, a Kansas corporation (“Buyer”), without recourse or representation except as expressly provided herein or 0n the terms, and subj ect t0 the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant t0 that certain Forward Flow Receivable Sale Agreement, dated as 0f January 6, 2020, by and between Seller and Buyer (the “Agreement”). A11 capitalized terms used, but not defined, in this Bill 0f Sale shall have the meanings assigned t0 such terms in the Agreement. The Sale File Delivery Date for the Sale File was April 20, 2020. The aggregate Sale Balance 0f the Accounts as of the Sale File Delivery Date was CAPITAL ONE BANK (USA), MIDLAND CREDIT MANAGEMENT, INC. NATIONAL ASSOCIATI MBy. By: % me: James .Lane Name: Sarah Cosgrave T1 ' ' resident Title: MVP 0f Business Development Forward Flow Receivable Sale Agreement dated January 6, 2020 AFFIDAVIT OF SALE OF ACCOUNT BY CREDITOR State of Virginia, County 0f Goochland. James R. Lane being duly sworn, deposes and says: I am over 18 and not a pamy to this action. I am a Vice President of Capital One Bank (USA), National Association. In that position I am aware of the process of the sale and assignment of electronically stored business records. On 01‘ about April 20, 2020, Capital One Bank (USA), National Association sold a pool of charged-off accounts (the Accounts) by a Forward Flow Receivable Sale Agreement and a Bill of Sale t0 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 0f business 0f Capital One Bank (USA), National Association. I am not aware of any errors in these accounts. The above statements are true to the best ofmy knowledge. Signed this g 2 day of %Q[ , 2020. SUBSCRIBED and sworn to before me, the undersigned Notary Public in the jurisdiction aforesaid, byr 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 Qq day 0f RQI A , 2020. (“QQIAW {Coon - - 1 - WILLIAM WESTON PAIGEW1111am We§ton Pa1ge NOTARY PUBLIC Notary Pubhc REG #7796956 COMMONWEALTH OF VfRGINiA MY COMMISSION EXPIRES OCT 31, 2022 DocuSign Envelope ID: 8330EBD7-91 BD-4E1 0-981 1-C1 DFFO7CO165 Forward Flow Receivable Sale Agreement dated January 6, 2020 CERTIFICATE OF CONFORMITY CERTWICATE 0F CONFORMITY MADE PURSUANT TO CPLR 2309(c) and RPL 299-21 I, an attomey-at-law admitted to practice in the Commonwealth of Virginia, do hereby certify that William Weston Paige, is a notary public in find for the Commonwealth of Virginia, in the jurisdiction aforementioned and the acknowledgment upon affidavits for Capital One Bank (USA), National Association are taken in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to the laws thereof in all respects. , 4 29 2020 1N WITNESS WHEREOF, 1 have hereunto set my signature, on / / James 01msted DacuSlgnad by: Printed Name Signed Name Attorney at Law, Commonwealth 0f Virginia Field Field Data Account Number -4240 Seller Account ID First Name MINH Middle Name Q Last Name LE SSN - Date 0f Birth _ Address 1 1617 PHANTOM AVE City SAN JOSE State CA Zip 951255334 Home Phone - Open Date 09/22/2014 Last Purchase Date 05/14/2019 Last Purchase Amount $81 .23 Last Payment Date 07/27/201 9 Last Payment Amount $160.00 Sale Amount $1 ,822.82 Charge Off Date 03/1 1/2020 Charge off Balance $1 ,822.82 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 Account information provided by Capital One Bank (USA), National Association pursuant to the Bill of Saie/Assignment of Accounts transferred on 0r about 04/24/2020 in connection with the sale of accounts from Capital One Bank (USA), National Association t0 Midland Credit Management, Inc. OMEGA.BNOO76.SALES.PROD-EASTBFRLE2020041 7_BN0076__main.dat.gz OMEGA.BNOO76.SALES.PROD-EASTBFRLE2020041 7_BNOO76_Cust0mer.dat.gz OMEGA.BNOO76.SALES.PROD-EASTBFRLE2020041 7_BNOO76_ph0ne.dat.gz EXHIBIT B "‘ 2 1 Page 1 of 2 Capflalorze“ Platinum MasterCard Account Ending in 4240/ Jul. 11, 2019- Aug. 10, 2019 l 31 days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments. Previous Bafance $1,596.56 the deadline is 8pm ET. sep- O71 2019 I ‘ Payments - $160.00 New Balance Minimum Payment Due Other Credits $0.00 $1,469-35 $47.00 Transactions +$0.00 LATE PAYMENT WARNING: If we do not receive your minimum payment caSh Advances + $000 by your due date, you may have to pay a ?ate fee of up to $38.00. Fees Charged + $0100 MINIMUM PAYMENT WARNING: If you make Omy the minimum payment each period, you will pay more in interest and it wiH take you InterESt Charge‘j + $3279 longer to pay off your balance. For example: New Balance = $1.46935 If you make no ll You wiu pay off And you will additional charges using 5 the balance shown end up paying this card and each g on this statement an estimated Credit Limit $1 ,45000 month ou a ' in about..- total of... ' , ,y p y _ _ Avanable Cream (as of Aug. 10, 2019) $0.00 M‘mmum Payment 10 Yea’s $3,466 Cash Advance Credit Limit $300.00 ‘ 7 , .$59 3 Years $240 Available Credit for Cash Advances $0.00 Estimated savings if balance is paid off in about 3 years: $1,359 If you would like information about credit counseling services, call1--. 300083 . _ \ Make a Statement. \ ( Go paperless. \ - 2 Stop waiting foryour billto arrive' in the mail and go paperless today. Log in to your account to ma ke the switch to paperless. Account Notifications Renewal Notice - Both sides 0f this page provide important information G) Your account has gone over its credit {imit In addition to your required about your rate(s) and how your interest charge is calculated. minimum payment. please pay enough to bring your account balance below your credit limit to avoid the possibility of being declined. Pay or manage your account on our mobile app or at xwxw.capitaloneAcom. Customer Service:- See reverse for Important Information ‘ Please send us this portion 01 your statement and only one check [or one money order) t0 7 Capifa/l (18" ensure your payment is processed promptiy. Allow at {east seven business days tor delwery. 400032 Thanks for using Payment Due Date; sep. 07, 2mg Account Ending in 4240 less paper! . , Now that ou're avin ou ill New Balance Minimum Payment Due Amount Enclosed y p * 9y rb oniine or by phone, we’ll no longer include a return envelope.$1,469.35 $47.00 $ HINH a LE 161.? PHANTOM AVE SAN JOSE1 CA fiSLES-SEBH Capital One P-O- B LUSH“! -'-'IIII'I'I”'I'I'uh:|'I'IIlI""|I"H-"I||I|'|"l|”|-'|'I| my ugxxndustry, CA aun-nsqq I'Il'l'“III'III'I'IIIIIII'I'IIII'-"'|"Illnl“II'II"'I'I‘l|H How can I Avoid Pavinq 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 lmerest 0n the transaction date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information. How is the Interest Charge agglied? Interest Charges accrue from the date of the transaction or the first day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle. Unpaid Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of$0.50 for each Billing Cycle ifyour account is subject t0 an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily BaIance (including new transactions). _s .First, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day's balance, Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment are not added to the daily bafance. 2. Next, for each segment, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. S.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 fora" segments together. The result is your total Interest Charge forthe BiHing 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 t0 rounding or a minimum Interest Charge, this calculation may vary inghtly from the Interest Charge actually assessed. How can my Variable APR chanqe? Your APRs may increase or decrease based on one of the following indices (reported in The Wall Street Journal ). The letter code below corresponds with the letter next to your APRs in the Interest Charge CaICUFation section of this statement. Code next to How do we calculate your When your APR(s) will change vour APR(s) APR(s]? Index + margin P Pn‘me Rate + margin The first day of the Billing Cycles that L 3 month LIBOR + margin end in Jan., April, July, and Oct. D Pn‘me Rate + margin The first day of each Billing Cycle. F 1 month LIBOR + margin How can I Avoid Membership Fees? If a Renewal Notice is printed on this statement. you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we wiH stop assessing your monthly membership Fee. How can I Close Mv Account? You can contact Customer Service anytime to request that we close your account. Changinq Mailinq Address? You can change your address by signing into your account online or calling Customer Service. O Pay online at www.capitalone.com O Pay using our mobile app OOl How do you Process Pavments? 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 rela‘ed account. When you provide a check or check information to make a payment, you authorize us to use information from the check t0 make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your 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 with higher APRs. We apply any part of yourpayment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with lower APRs. Billinq Riahts Summary (Does not Apofv 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‘O. Box 30285 Salt Lake City. UT 84130-0285. In your letter, give us the following information: o Account information: Your name and account number. a Dorlar amount: The doliar amount of the suspected error. o Descn‘ption of Problem: If you think there is an error on your biN. describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may ca” us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount [n question. We will notify you in writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error, the following are true: o We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge I'n question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. o While you do not have to pay the amount in question untit we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. a We can appiy any unpaid amount against your credit limit. Within 90 days of our receipt 0f 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 1f You Are Dissatisfied With Your Purchase: If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried I in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right. the following must be true: 1) You must have used yOur credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card acwunt do not qualify; and 2) You must not yet have quy paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase‘ contact us in writing at: Capital One, PO. Box 30285, Salt Lake City, UT 84130-0285. While we investigate. the same rules apply to the disputed amount as discussed above. After we finish our investigation, we wil1 1e“ 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-OB © 2016 Capital One. Capital One is a federally registered service mark 11/01/16 on do I Make Payments? You may make your payment in several ways. Online Banking by logging into your account; 2. Capita1 One Mobile Banking app for approved electronic devices; 3. Calling the telephone number Iisted on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. When will you Credit Mument? o For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 pm. ET. a For mail. as of the business day we receive i1, as long as it is received by 5 pm. local time at our processing center. You must send the bottom portion of this statement and yOur check to the payment address on the front of this statement. Piease 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. CaEW‘ - Transactions ‘ Visit > to see detailed transactions. Page 2 of 2 Platinum MasterCard Account Ending in 4240 Jul. 11. 2019 - Aug. 10, 2019! 31 days in Biliing Cycle MINH (1 LE #4240: Payments, Credits and Adjustments 300085 Protect your credit score. Detect fraud with automatic alerts if your credit report changes with CreditWise°-bui1t right into the Capital One° mobile app. Text ONE to 80101 to download the app. Messaging & Data rates may apply.Date Description Amount JUI 27 CAPITAL ONE ONLINE PYMTAuthDate - $160.00 27-Jul MINH a LE #4240: Transactions Date Description Amount Fees Date Description Amount Total Fees for This Period $0.00 Interest Charged Interest Charge on Purchases $22.04 Interest Charge on Cash Advances $10.75 Interest Charge on Other Balances $0.00 Total Interest for This Period $32.79 Totals Year-to-Date Total Fees charged $65.00 Total Interest charged $248.1 6 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate 0n your account. Type of Annual Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Rate Purchases 25.15% P $1,031.90 $22.04 Cash Advances 25.15% P $50347 $10.75 P,L,D,F = Variable Rate. See reverse of page l for detaits. EXHIBIT C _____ ?age 1 of 5 Platinum MasterCard Account Ending in 4240 Feb. 11, 2020- Mar. 10, 2020 l 29 days in Billing Cycle Payment Information . Account Summary Payment Due Date For online and phone payments. Previous Balance $1,787.83 PAST D U E the deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits ‘ $0.00 $1,822.82 $1,822.82 Transactions +$0.00 IMPORTANT ACCOUNT UPDATES: C33“ Advances + $000 Your full balance is due. Any payment you make will reduce your balance Fees Charged + $000 and help pay off your debt faster. The amount you owe may differ if interest Char ed + $34 99 you've entered into a separate payment agreement. g ' New Balance = $1,822.82 Available Credit (as of Mar. 10, 2020) N/A 300079 Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account 0n our mobile app 0r at www.capitalone.com, Customer Service:_ See reverse for Important Information 1"”? Please send us this portion of your statement and only one check (or one money order) to - Capigong ensure yom payment is processed prompUy. Allow at least seven business days for delivery. 400030 Payment Due Date: Past Due Account Ending in 4240 New Balance Minimum Payment Due Amount Enclosed $1,822.82 $1,822.82 $ MINH a LE 15L? PHANTOM AVE SAN JOSE1 CA HSLES-SEHN Capital One P-O- B EUSqq HInlv'”[HIPIPIHIJI“IunhlhlululdlfllanIPIHI“ City ngIndustry1 CA qL7lE-Usqq "IIIl"u"IIIIII"II'I'll'II""-'Il|"|mI”"|'|I"'Il'lllll 001 How can I Avoid Payinq Interest Charges? If you pay your New Balance in full by the How can I Close Mv Account? You can contact Customer Service anytime to request due date each month, we will not charge interest on new transactions that post to the that we close youraccount. purchase balance. lfyou have been paying in full without Interest Charges, butfail to pay How do vou Process Payments? When you make a payment, you authorize us to your next New BaIance in full. we will charge interest on the unpaid balance. Interest initiate an ACH or electronic payment that wi|| be debited from your bank account or Charges on Cash Advances and Special Transfers start on the transaction date. other related account. When you provide a check or check information to make a Promotional offers may allow you to pay less than the total New Balance and avoid paying payment, you authorize us to use information from the check to make a one-time ACH or interest on new transactions that post to your purchase balance. See the front of your other electronic transfer from your bank account. We may also process it as a check statement for additional information. transaction. Funds may be withdrawn from your bank account as soon as the same day How is the Interest Charqe Determined? Interest Charges accrue from the date of the we process your payment. transaction, date the transaction is processed or the first day of the BHIing Cycle. Interest How do vou Applv My Payment? We generally appiy payments up to your Minimum accrues daiiy on every unpaid amount until it is paid in full. Interest accrued during a Billing Payment first to the balance with the Iowest APR (including 0% APR), and then to Cycle posts t0 your account at the end of the Billing cycle and appears on your next balances with higherAPRs. We apply any pad of yourpayment exceeding your Minimum statement. You may owe Interest Charges even if you pay the entire New Balance one Payment to the balance with the highest APR. and then to balances with iowerAPRs, month, but did not do so the prior month. Once you start accruing Interest Charges, you Billinq Riqhts Summary (Does notAoplv to Small Business Accounts) generally must pay your New BaIance in full two consecutive Billing Cycles before Interest What Tc Do If You Think You Find A Mistake On Your Statement : If you think there Charges stop being posted to your Statement. Interest Charges are added to the is an erroron yourstatement,writeto us at: corresponding segment of your account. Capitar One P.O. Box 30285 Salt Lake City, UT 84130-0285. Do you assess a Minimum Interest Charge? We may assess a minimum Interest In yourletter, give usthefoIlowing information: Charge of $0.50 for each Billing Cycle if your account is subject lo an interest Charge. o Account information: Your name and account number. How do vou Calculate the Interest Charqe? We use a method called Average Daily o Doilaramount: The dollaramountofthe suspected error. Balance (including new transactions}. - Description of Problem: If you think there is an error on your bill, describe what you 1. First, for each segment we take the beginning balance each day and add in new believe is wrong and why you beiieve it is a mistake. You must contact us within 60 transactions and the pen’odic Interest Charge on the previous day's balance. Then we days after the error appeared on your statement. You must notify us of any potential subtract any payments and credits for that segment as of that day. The result is the daily errors in writing. You may call us or notify us electronically, but if you do we are not balance for each segment. However, if your previous statement balance was zero or a required to investigate any potential errors and you may have to pay the amount in credit amount. new transactions which posl t0 your purchase segment are not added to question We will notify you in writing within 30 days of our receipt of yom letter. While the daily balance, we investigate whether or not there has been an error, the following are true: 2. Next, for each segment, we add the daily balances together and divide the sum by the a We cannot try to collect the amount in question, or report you as deiinquent on that number of days in the Billing Cycle. The result is the Average Daily Balance for each amount. The charge in question may remain on yourstatement, and we may continueto segment. charge you interest on that amount. But, if we determine that we made a mistake. you 3. At the end of each BiHing Cycle, we multiply your Average Daily Balance for each will not have to pay the amount in question or any interest or other fees related to that segment by the daily periodic rate (APR divided by 365) for that segment, and then we amount. multipiy the result by the number of days in the Bi1ling Cycle. We add the Interest Charges - While you do not have to pay the amount in question until we send you a notice about for all segments together. The result is your total Interest Charge for the Bi1ling Cycle. the outcome of our investigation, you are responsible for the remainder of your balance. The Average Deity Balance is referred lo as the Balance Subject to Interest Rate in the o We can appiy any unpaid amount against your credit limit. Within 90 days of our InterestCharge Calculation section ofthis Statement. receipt of your letter, we will send you a written notice explaining either that we NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly corrected the error (to appear on y0ur next statement) or the reasons we believe the bill from the Interest Charge actually assessed. is correct. How can m Variable APR chan e? Your APRs may increase or decrease based on one Your Rights If You Are Dissatisfied With Your Purchase: If you are dissatisfied with of the following indices (reported in The Wall Street Journal ). The letter code below the goods or services that you have purchased with your credit card, and you have tn'ed corresponds with the letter next to your APRs in the interest Charge Calculation section of in good faith to correct the problem with the mer'chant, you may have the right not to pay tatemenL lhe remaining amount due on the purchase. To use this right. the following must be true: Code nextto How do we calculate your When yourAPR(S) will change 1) You must have used your credit card for the purchase. Purchases made with cash [our APR(s) APR(s)? Index + marqin advances from an ATM or with a check lhal accesses your credit card account do not P Prime Rate + margin The first day of the Billing Cycles that quaufy; and L 3 month LIBOR + margin end in Jan., April! July, and Oct. 2) You must not yet have fuIIy paid forthe purchase. . . . . If all of the criteria above are met and you are still dissatisfied with the purchase, contact E 1 mfi flags); Tfig'rgin The mt day °f 93°“ Emmg cyde‘ us in writing at: Capital One, Po. Box 30285, San Lake City. UT 84130-0285. While we investigate, the same rules appiy to the disputed amount as discussed above. After we finish our investigation, we will tetl you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. How can | Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Fee, close your account and we wil1 stop assessing your monthly membership Fee. ETC-08 © 2020 Capitar One. Capital One is a federally registered service mark 01/01/20 ChanginlMamnq Address? How do I Make Payments? You may make your payment in several ways.' 1 Online Banking by logging into your account; gguwiccaen change your address by $Ignlng Into your account onllne or calhng Customer 2. Capnal One Mobile Banking app for approved e‘ec mic devices; ' 3. Calling the teiephone number listed on the front of this statement and providing the required payment information; {rain 4. Sending mail payments to the address on the front of this statement with the g. Pay online at www.capitafone.com payment coupon or your account information. /" . - When will you Credit My Payment? . Pay usmg our meme app o For mobile, online or over lhe phone, as ofthe business day we receive it, as long as it is made by 8 pm. ET. . For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other 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. Ca/jital I ' "P [/0716 Transactions . Visit to see detailed transactions. MINH u LE #4240: Payments, Credits and Adjustments Date Description Amount MINH a LE #4240: Transactions Date Description Amount Fees Date Description Amount Total Fees for This Period $0.00 Interest Charged Interest Charge on Purchases $24.03 Interest Charge on Cash Advances $10.96 Interest Charge on Other Balances $0.00 Total Interest for This Period $34.99 Totals Year-to-Date $0.00 Total Interest charged $107.55 Total Fees charged Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Rate Purchases 24.40% P $1,239.26 $24.03 Cash Advances 24.40% P $565.39 $10.96 P,L,D,F = Variable Rate. See reverse of page 1 for details. Page 2 of 5 Platinum MasterCard Account Ending in 4240 Feb. 11, 2020 - Mar. 10, 20201 29 days in Billing Cycle 300079 Capita/lOne® 201146 Your account has charged off. It is now being serviced by the Recoven'es department. Call17- if you have questions about this notice.
