Statement of AccountCal. Super. - 6th Dist.May 3, 2021lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 21 CV381233 Santa Clara - Civil File No. 21-13618-0 Kristen Dean State Bar No. 321178 Jamie Allison Forbes NELSON & KENNARD 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95853 P.O. Box 13807 Sacramento, CA 95853 Telephone: (916) 920-2295 Facsimile: (916) 920-0682 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. D Harris Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/9/2021 11:14 PM Reviewed By: D Harris Case #21 CV381 233 Envelope: 6609904 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA LIMITED CIVIL CASE CAPITAL ONE BANK (USA), N.A., Plaintiff, VS. JOSE C LOPEZ, et al., Defendants. VVVVVVVVVV CASE NO. 21CV381233 STATEMENT OF ACCOUNT ' Page 1 of 4 capfla' a Platinum MasterCard Account Ending in 8981/ Mar. 10, 2020 - Apr. O9, 2020 | 31 days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments, Previous Balance $3,338.65 PAST D U E the deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $3,404.46 $3,404.46 Transactions + $0.00 IMPORTANT AccOUNT UPDATES: caSh 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 Charged + $65 81 you've entered into a separate payment agreement. ' New Balance = $3,404.46 Available Credit (as of Apr. O9, 2020) N/A 300079 Caplfa/IOne® 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 of your statement and only one check (or one money order) to Capifa ' ensure your payment is processed promptly. Allow at least seven business days for delivery. 400030 Payment Due Date: Past Due Account Ending in 8981 CD ® New Balance Minimum Payment Due Amount Enclosed cap'ta/Ione $3,404.46 $3,404.46 $ JOSE C LOPEZ HERE LARKSPUR LN GILR0Y1 CA fiSUED-7HHH Capital one l” I P-o- BOX Eflsqq l” City of Industrya CA 917lb-DEHH 4462 How can | Avoid Pavinq Interest Charqes? If you pay your New Balance in full by the due date each month, we will not charge interest on new transactions that post to the purchase balance. If you have been paying in full without Interest Charges, but fail to pay your next New Balance in full, we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special Transfers start on the transaction date. Promotional offers may allow you to pay less than the total New Balance and avoid paying interest on new transactions that post to your purchase balance. See the front of your statement for additional information. How is the Interest Charge Determined? Interest Charges accrue from the date of the transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues daily on every unpaid amount until it is paid in full. Interest accrued during a Billing Cycle posts to your account at the end of the Billing cycle and appears on your next statement. You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the prior month. Once you start accruing Interest Charges, you generally must pay your New Balance in full two consecutive Billing Cycles before Interest Charges stop being posted to your Statement. Interest Charges are added to the corresponding segment of your account. Do vou assess a Minimum Interest Charge? 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 transactions). 1. 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 balance. 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. 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 for all 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? 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 Calculation section of thi§_51atement Code next to How do we calculate your When your APR(s) will change your APR(s) APR(s)? Index + mailin 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 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 will stop assessing your monthly membership Fee. Chanqinq Mailinq Address? You can change your address by signing into your account online or calling Customer Service. Pay online at www.capitalone.com Pay using our mobile app 001 How can | Close Mv Account? You can contact Customer Service anytime to request that we close your account. How do vou 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 transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do vou Applv Mv 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 Riqhts Summarv (Does not ADDIV 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. o Dollar amount: The dollar amount of the suspected error. o Description 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 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 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 repofi 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 wi|| 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 of your balance. o We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatisfied With Your Purchase: If you 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: Capital One, P.O. 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 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 © 2020 Capital One. Capital One is a federally registered service mark 01/01/20 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 electronic 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 information. When will vou Credit Mv Pavment? 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 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. Cam J0me!” Transactions Visit to see detailed transactions. JOSE c LOPEZ #8981: Payments, Credits and Adjustments Dale Description Amount JOSE c LOPEZ #8981: Transactions Dale Description Amount Date Description Amount Total Fees for This Period $0.00 Interest Charge on Purchases $65.81 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $65.81 Total Fees charged $0.00 Total Interest charged $263.51 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 Ra|e(APR) to Interest Rate Purchases 22.99% P $3,370.38 $65.81 Cash Advances 22.99% P $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. Page 2 of 4 Platinum MasterCard Account Ending in 8981 Mar. 10, 2020 - Apr. O9, 2020 | 31 days in Billing Cycle Ca IPlfa/lOne® 300079 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.