Complaint Limited Filed by Assignee 5KCal. 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 11:40 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 177 MANDARICH LAW GROUP, LLP Reviewed By: |__ |masa 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 177 Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED MARY TESAURO, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $2,743.93 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, 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, N.A., 1680 CAPITAL ONE DRIVE MCLEAN, VA 22101, and the account number associated With this debt is XXXXXXX2803. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 \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 MARY TESAURO, 167 LAS ASTAS DR , LOS GATOS, CA 95032-7683. 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, N.A. or made such application over the telephone or Internet. Pursuant to the aforementioned application, CAPITAL ONE, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXX2803 (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, N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase 0f goods 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, 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 June 22, 2019. 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 $2,843.93, 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 $2,743.93. 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.Up0n information and belief, CAPITAL ONE, 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 $2,743.93 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, N.A.. Although demand has been made upon Defendant, said amount 0f $2,743.93 has not been paid, and it is now due, owing and unpaid from Defendant to 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 $2,743.93, 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: 04/25/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 nh/M ]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl” EXHIBIT A WWW Caplfa/; g; Neiman Marcus Account StatementPage1 of 2 Account NumberM-ZBOSFrom March 26, o prl , 2019 ©INCIRCLE' Summary of Account Activity Payment Information Tfi A m " ‘i“"~as oprril 23, 2019 Previous Balance $2559.07 New Balance $255406 Minimum Pa ment Due $630.00Payments - $1 00.00 Y Pa ent Due Date Ma 23, 2019CIRCLE ONE LEVEL Other Credits - $0.00 ym y PUVChaseS/Debits + $1 00-29 Late Payment Warning: If we do not receive your 2019 PROGRAM POINTS Past Due Amount $50500 minimum payment by the date listed above, you may Fees Charged $3500 have to pay a late fee of up to $35.00. PREVIOUS POINT BALANCE 670 IntereSt Charged 359-70 Minimum Payment Warning: If you make only the POINTS EARNED New Balance $2,654.06 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 670 Credit Limit $2,500.00 Credit Available $0.00 If you make no You will pay off And you will 2019 POINTS EXPIRE 1/31/20 Statement Closing Date Apr" 25’ 2019 additional . the balance . end up paying _ _ _ charges usmg shown on thls an estimated Days 'n B'mng CYCIe 31 this card and statement in total of... Call Toll Free 1-sss-INCIRCLE or visit 93°“ m°nth y°” ab°”t-" lnCircle.com for assistance. pay” . . . Only the 12 Years $6,01 5 lnCIrcle 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 1-866-569-2227. Questions? Customer Service 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 at www.NeimanMarcus.com/nmcard 1 -800-685-6695 Important Information REMINDER: When using your bank to make online/electronic payments to Neiman Marcus, please confirm that the payment address is PO BOX 5235 CAROL STREAM |L 60197-5235 Important Notice - You are enrolled in AutoPay. Your selected payment of $100.00 will be debited from your bank account on your Due Date. If your payment is less than the Minimum Amount Due, you will need to make an additional payment of the difference between the two amounts. If your fixed payment is more than the Current Balance when the AutoPay begins processing, only the Current Balance will be debited (we will generally begin processing your AutoPayment 1-2 days before your due date). You can pay your bill online or over the phone. It’s free! YOUR CREDIT LIMIT IS $ 2,500.00. YOU ARE CURRENTLY EXCEEDING THIS LIMIT. MAKE A PAYMENT TODAY TO REDUCE YOUR BALANCE. Detach and return bottom portion with your payment. 004691 5 E 25 STMTAA D 8664 See reverse side for important information --2sosAccount Number: o New Balance $2,654.06m Minimum Payment Due $630.00 Payment Due Date 05/23/2019 Include account number on check to Neiman Marcus. Do not send cash. Please send your payment 7 to 1O days prior to the payment due date to ensure timely delivery. AMOUNT SDDDDDDD004 ENCLOSED 'III|IIIIIIIII'I'II'I'I'II'III|"'IIIII'I||I|”'"I'||'I"||I'II' MARYTESAURO 167 LAS ASTAS DR LOS GATOS CA 95032-7683 NEIMAN MARCUS PO BOX 5235 CAROL STREAM |L 60197-5235 What To Do if You Think You Find a Mistake on Your Statement: lfyou think there is an error on your statement, write to us on a separate sheet at PO. BOX 729080, Dallas, Texas 753729080. In your letter, give us the following information. 0 Account information. Your name and account number. o Dollar amount The dollar amount of the suspected error. o Description of Problem: Ifyou think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us 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 in question. We will notify you in writing within 30 days 0f our receipt of your letter. While we investigate whether or not there has been an error, the following are true. 0 We cannot try t0 collect the amount in question, 0r report you as delinquent 0n that amount. 0 The charge in question may remain on your statement, and we may continue t0 charge you interest on that amount. But, ifwe 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. 0 While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. 0 We can apply any unpaid amount against your credit limit. Within 90 days 0f 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 if You Are Dissatisfied With Your Credit Card Purchases: If you are dissatisfied with the goods 0r services that you have purchased with your credit card, and you have tried in good faith t0 correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. T0 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 0r with 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 0f the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at PO. BOX 729080, Dallas, Texas 75372-9080. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, ifwe think you owe an amount and you d0 not pay we may report you as delinquent. For all billing related inquiries (including questions on account balances, name and/or address changes, lost 0r stolen cards, 0r any problems with a store purchase), please contact. NEIMAN MARCUS CUSTOMER SERVICE, PO. BOX 729080, DALLAS, TEXAS 75372-9080. You may also telephone your inquiry at 214-761-2660 or 1-800-505-9808 Monday through Friday (8.00 AM. to 7:00 PM. CST) and Saturday (09:00 AM. to 5.00 PM. 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) the New Balances ofyour Regular Credit Plans, plus 2) the New Balance of any Waived Interest Charge Credit Plan that is expiring in the current billing cycle, plus 3) any Minimum Payments Due on other Waived Interest Charge Credit Plan. BALANCE SUBJECT T0 INTEREST RATE: (a) Interest Charges are calculated separately for each Promotional Credit Plan and each Regular Credit Plan (each a “Credit Plan"). Promotional Credit Plans with different promotional due dates or terms are treated 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 determined by taking the opening balance of the Credit Plan for that day, and adding 1) any new purchases made on the Credit Plan that day, 2) the previous day's Interest Charges, 3) any late fees, returned check fees, and other fees incurred on that day and subtracting any payments or credits applied to the Credit Plan that 33019 (03/01/18) Changing your mailing address? day. If the account is subject t0 a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances In the current cycle, If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning 0f the billing cycle, the applicable daily balance and any related Interest Charge calculations will be adjusted retroactively t0 include the transaction amount as 0f the date 0f 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 the applicable billing cycle. Periodic Interest Charges for a Credit Plan may be determined by applying the Daily Periodic Rate t0 an amount equal to the Average Daily Balance 0f 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 Rate may vary. About Your Payment: You agree t0 pay at least the Minimum Payment Due in time to be credited t0 your Account as 0f the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon t0 the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in US. dollars and drawn on a US, Institution. Payments may also be made using our optional payment by phone 0r online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5.00 pm. in the time zone 0f such payment address will be credited t0 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 afier 5.00 pm. of the time zone indicated will be credited the next day, Crediting payments to your Account may be delayed up to 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 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 (EFI') 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 amount and timing of each payment. Please retain this authorization 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 credit plan first and any excess amount is then applied to higher APR balances before lower APR balances. Hearing Impaired: Ifyou are hearing impaired, call Telecommunications Devices for the Deaf (TDD/TTY) at the phone number listed 0n the front 0f 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 repofi. If any specific information related to your account, transactions 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) repoded to any credit reporting agency by writing to us at the billing inquiries address listed on the front of this billing statement. Debt Collection: We are required by law, if applicable, to notify you that we are collecting a debt, and any information obtained will be used for that purpose. © 2015 Capital One. Capital One is a federally registered service mark. All rights reserved. 88019 (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. WWW Capita/Ia'g Neiman Marcus Account StatementPage 2 of 2 Account NumberM-2803From March 26, o prl , 2019 Transactions PaymentisetumsICredits Trans Date Post Date Description of Transaction or Credit Reference Number Amount 04/22/1 9 04/22/1 9 PAYMENT - THANK YOU 600000091 1 248T361 LM842Q -$1 00.00 Total Payments/Returns/Credits For This Period -$1 00.00 Purchaseleebits Trans Date Post Date Description of Transaction or Credit Purchase Type Reference Number Amount 03/22/19 03/27/19 RETURNED PAYMENT Reg - Purch $100.00 03/27/19 03l27/19 INTEREST DEBIT ADJUSTMENT Reg - Purch $0.29 Total Purchases For This Period $100.29 Fees Trans Date Post Date Description of Fees Reference Number Amount 04/23/19 04/23/19 LATE CHARGE ASSESSMENT Reg - Purch $35.00 Total Fees for This Period $35.00 Interest Charged Description of Interest Charge Amount INTEREST CHARGE ON PURCHASES $59.70 Total Interest For This Period $59.70 Totals Year to Date Total fees charged $1 40.00 Total interest charged $223.73 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 26.24% (v) $2,678.70 $59.70 v=Van'ab/e Rate Credit Plan lnfommtion Credit PlanIPromotion Type Purchase Promotional Previous New Minimum Deferred Promotional Payoff Date Expiration Date Balance Balance Payment Interest Amount Regular Purchase 00007 - 01 N/A N/A $2,559.07 $2,654.06 $630.00 $0.00 $2,654.06 EXHIBIT B NWMW aCapita/IOne- Neiman Marcus Account Statement Page 1 of 2 Account Number--2803 From May 26, 2019 to June 25, 2019 ©INCIRCLE' I Summary of‘AcQauntgAeiWiw Payment Information n 7 ' ' §?June23,2fi:l§ Previous Balance $2,746.97 New Balance $274354 Minimum Payment Due $780.00Payments $1 00.00 Pa ment Due Date Jul 23, 2019CIRCLE ONE LEVEL Other Credits $0.00 y y PurChaseS/Debits $000 Late Payment Warning: If we do not receive your 2°19PROGRAM PO'NTS PaS‘D”eAm°”“‘ $6550" ?;CLTEmapaayE?§‘f§§éfidi‘ffiéegoabwe'y°”may Fees Charged $35.00 p y p - - PREVIOUS POINT BALANCE 670 '"tereSt Charged $6157 Minimum Payment Warning: If you make only the POINTS EARNED New Balance $2,743.64 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 670 Credit Limit $2,500.00 Credit Available $0.00 If you make no You will pay off And you will 2019 POINTS EXPIRE 1/31/20 Statement Closing Date June 25’ 2019 additional I the balance I end up paying , , , charges usmg shown on thls an estimated Days m B'H'ng Cyde 31 this card and statement in total of... Call Toll Free 1-888-INCIRCLE or visit 93°“ m°nth Y0” ab°”t--- |nCirc|e.com for assistance. pay“ . . _ Only the 12 Years $5,974 InCIrcle 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-. Questions? Customer Service Payment Address: Neiman Marcus, PO Box 5235, Carol Stream, |L 60197-5235 Billing Inquiries: Neiman Marcus, PO Box 729080, Dallas, TX 75372-9080 Manage Your account online at www.NeimanMarcus.com/nmcard Important Information REMINDER: When using your bank to make online/electronic payments to Neiman Marcus, please confirm that the payment address is PO BOX 5235 CAROL STREAM |L 601 97-5235 Important Notice - You are enrolled in AutoPay. Your selected payment of $100.00 will be debited from your bank account on your Due Date. If your payment is less than the Minimum Amount Due, you will need to make an additional payment of the difference between the two amounts. If your fixed payment is more than the Current Balance when the AutoPay begins processing, only the Current Balance will be debited (we will generally begin processing your AutoPayment 1-2 days before your due date). You can pay your bill online or over the phone. It’s free! Detach and return bottom portion with your payment. 004691 5 E 25 STMTAA D 9286 See reverse side for important information WNW MARY TESAU R0 167 LAS ASTAS DR LOS GATOS CA 95032-7683 Account Number: --2803 New Balance $2,743.64 Minimum Payment Due $780.00 Payment Due Date 07/23/2019 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. 004 AMOUNT ENCLOSED $DDDDDDD NEIMAN MARCUS PO BOX 5235 CAROL STREAM |L 60197-5235 What To Do if You Think You Find a Mistake on Your Statement: Ifyou think there is an error on your statement, write to us on a separate sheet at PO. BOX 729080, Dallas, Texas 75372-9080. In your letter, give us the following information: o Account information: Your name and account number. o Dollar amount: The dollar amount of the suspected error. o Description of Problem: Ifyou think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us or notify us electronically, but ifyou do we are not required to investigate any potential 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 true: o We cannot try to collect the amount in question, or report you as delinquent on that amount. o The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, ifwe 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 until we send you a notice about the outcome of our investigation, you are responsible for the remainder ofyour balance. o We can apply any unpaid amount against your credit limit. Within 90 days of our receipt ofyour 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: Ifyou are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, 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 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 dissatisfied with the purchase, contact us in writing at PO. BOX 729080, Dallas, Texas 75372-9080. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, ifwe think you owe an amount and you do not pay we may report you as delinquent. For all billing related inquiries (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, PO. BOX 729080, DALLAS, TEXAS 75372-9080. You may also telephone your inquiry at 21 4-761-2660 or- Monday through Friday (8:00 AM. to 7:00 PM. CST) and Saturday (09:00 AM. to 5:00 PM. 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) the New Balances ofyour Regular Credit Plans, plus 2) the New Balance of any Waived Interest Charge Credit Plan that is expiring in the current billing cycle, plus 3) any Minimum Payments Due on other Waived Interest Charge Credit Plan. BALANCE SUBJECT T0 INTEREST RATE: (a) Interest Charges are calculated separately for each Promotional Credit Plan and each Regular Credit Plan (each a “Credit Plan”). Promotional Credit Plans with different promotional due dates or terms are treated 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 determined by taking the opening balance of the Credit Plan for that day, and adding 1) any new purchases made on the Credit Plan that day, 2) the previous day’s Interest Charges, 3) any late fees, returned check fees, and other fees incurred on that day and subtracting any payments or credits applied to the Credit Plan that 38019 (03/01/18) 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 subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved 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 the 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 the applicable billing cycle. Periodic Interest Charges for a Credit Plan may be determined by applying the Daily Periodic Rate to an amount equal to 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: Ifyour Account has a variable rate, your Annual Percentage Rate may vary. About Your Payment: You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. Crediting payments to your Account may be delayed up to 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 should be mailed to the inquiry address shown on the front ofyour 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 amount and timing of each payment. Please retain this authorization 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 credit plan first and any excess amount is then applied to higher APR balances before lower APR balances. Hearing Impaired: Ifyou are hearing impaired, call Telecommunications Devices for the 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, transactions 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) reported to any credit reporting agency by writing to us at the billing inquiries address listed on the front of this billing statement. Debt Collection: We are required by law, if applicable, to notify you that we are collecting a debt, and any information obtained will be used for that purpose. © 2015 Capital One. Capital One is a federally registered service mark. All rights reserved. 88019 (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. aCapita/IOne- ' Neiman Marcus Account StatementW“ Page 2 of 2 Account Number--2803 From May 26, 2019 to June 25, 2019 Per the terms of your account, your account is eligible to be charged off prior to the due date listed. YOUR CREDIT LIMIT IS $ 2,500.00. YOU ARE CURRENTLY EXCEEDING THIS LIMIT. MAKE A PAYMENT TODAY TO REDUCE YOUR BALANCE. Transactions Payments/Returns/C‘redits Trans Date Post Date Description of Transaction or Credit Reference Number Amount 06/22/1 9 06/22/1 9 PAYMENT - THANK YOU 600000091 7348T361 LM842Q -$1 00.00 Total Payments/Returns/Credits For This Period -$1 00.00 Faxes Trans Date Post Date Description of Fees Reference Number Amount 06/23/19 06/23/19 LATE CHARGE ASSESSMENT Reg - Purch $35.00 Total Fees for This Period $35.00 lmarest Charged Description of Interest Charge Amount INTEREST CHARGE ON PURCHASES $61 .67 Total Interest For This Period $61 .67 Totals Ye’a‘r f0: D316 Total fees charged $21 0.00 Total interest charged $343.31 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 26.24% (v) $2,767.26 $61 .67 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 N/A $2,746.97 $2,743.64 $780.00 $0.00 $2,743.64
