Complaint Limited 10K and 25KCal. Super. - 6th Dist.May 3, 2021E-FILED 5/3/2021 2:44 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381247 Reviewed By: K. Himes 21CV381247 JACK H. POGOSIAN, State Bar N0.: 305741 MANASI TAHILIANI, State Bar N0.: 272821 1 CHRISTINA ARNOLD, State Bar N0.: 297590 2 HYO JIN JULIA IUNG, State Bar N0.: 316090 MELINE GRIGORYAN, State Bar N0.: 321 133 3 MICHAEL D. KAHN, State Bar N0.: 236898 CAMRYN P. BERK, State Bar N0.: 317565 4 350 CAMINO DE LA REINA, SUITE 100 5 SAN DIEGO, CA 921 08 Telephone: (866) 300-8750 6 Facsimile: (858) 309-1588 Attorneys for Plaintiff 7 SUPERIOR COURT OF CALIFORNIA 3 COUNTY OF SANTA CLARA 9 DOWNTOWN SUPERIOR COURT Midland Credit Management, Inc. Case N0. 10 1 1 Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated 13 Mishell Vera Le; PRAYER AMT: $15,539.72 14 and DOES 1 through 10, inclusive Limited 15 Defendant. 16 l. Plaintiff, Midland Credit Management, Inc. ("Plaintiff"), is a Limited Liability Company 17 qualified to do business in California. 18 2. This court is the proper court because Plaintiff is informed and believes that Defendant 19 Mishell Vera Le ("Defendant"), is a resident of SANTA CLARA County, State of California. 20 3. Plaintiff is unaware 0f the true names and capacities of Defendants sued by the fictitious 21 names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as and when the true 22 names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained. 4. At all times herein mentioned, Defendants, and each of them, were the principals, agents, 23 employers, employees, masters, or servants of each of their co-defendants and ratified, adopted 0r 24 approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were 25 acting in the course and scope 0f said authority of such agents, servants, and employees. 26 5. Pursuant t0 California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by 27 California Civil Code §1788.50(a). 6. Attached hereto are records regarding the accounts and/or payments received. 28 .1. COMPLAINT CA_0132M File N0.: 21-59057 ©0049 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 FIRST CAUSE 0F ACTION ACCOUNT STATED - AGAINST ALL DEFENDANTS 7. Pursuant t0 California Civil Code §1788.58(a)(2), Plaintiff is seeking to recover the amount 0f $11,363.08 for the account listed in the First Cause 0f Action. This is the amount due 0n credit card account number XXXXXXXXXXXX-2469 ("Account")1 which was originally issued by I CAPITAL ONE BANK (USA), N.A.. The amount due is the result 0f transactions that occurred 0n the Account. 8. Pursuant to California Civil Code §1788.58(a)(3), Plaintiff is the sole owner of the debt. Attached hereto is a true and correct copy 0f the Bill of Sale from CAPITAL ONE BANK (USA), N.A. t0 Plaintiff. The account was purchased by the Plaintiff 0n December 20, 2019. 9. Pursuant t0 California Civil Code §1788.58(a)(4), the Account balance at the time 0f charge-off was $1 1,363.08. 10. In accordance with California Civil Code §1788.58(a)(4), the following is an explanation 0f the amount that the Plaintiff is seeking to recover at the time 0f the filing of this Complaint: Charge-off Balancez $1 1,363.08 Total Post Charge-Off Interest $0.00 Total Post Charge-Off Fees3 $0.00 11. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date 0f default was June 12, 2019. 12. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the charge-off creditor at the time of the charge-off is CAPITAL ONE BANK (USA), N.A.. On information and belief the Plaintiff alleges that an address utilized by CAPITAL ONE BANK (USA), N.A. at the time of charge-off was 1680 CAPITAL ONE DRIVE MCLEAN VA 22101. At the time of charge off the account number associated with the debt was XXXXXXXXXXXX-2469. 13. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name 0f the debtor as it appeared in the records 0f CAPITAL ONE BANK (USA), N.A. is MISHELL VERA LE and the last known address as it appeared in the records of CAPITAL ONE BANK (USA), N.A. is .APT 2104 1600 2ND AVE SEATTLE WA 98101 3343. 1 Pursuant t0 California Rule 0f Court and California Civil Code §1788.58(c) the Account number has been redacted t0 protect the Defendant's confidential information. 2 This amount may include the charged-off principal amount and pre-Charge-off accrued interest as set forth in the seller data sheet attached hereto. 3 This amount is not reflective 0f the costs incurred in the filing and service of this action which are recoverable pursuant t0 California Code 0f Civil Procedure §1033.5. 2 COMPLAINT CA_0132M File No.: 21-59057 [\J \Oooflam-bm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. Pursuant t0 California Civil Code §1788.58(a)(8), Plaintiff alleges that the name and address 0f all post charge-off purchasers 0f the debt are as follows: Name Address MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN INC. DIEGO CA 92108 15. Pursuant t0 California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied with the provisions of Civil Code §1788.52 and that it informed Defendant 0f the assignment 0f the account. 16. Pursuant t0 California Civil Code §1788.58(b) attached hereto is a true and correct copy 0f a monthly statement recording a purchase transaction, payment 0r balance transfer while the account was active as required by California Civil Code §1788.52(b). 17. The Account balance at the time 0f charge-off was $1 1,363.08, attached hereto is a true and correct copy of a billing statement that was mailed t0 Defendant stating the balance due 0n the Account at or around the time 0f charge-off. 18. By this complaint, Plaintiff seeks to recover amounts of $1 1 363.08 from Defendant. 19. As alleged above, before filing this suit, all right, title and interest t0 the Account were sold and assigned t0 Plaintiff. Plaintiff owns the Account and is entitled t0 collect on the Account as if it were the original creditor. T0 the extent that Plaintiff acts in its capacity as successor-in-interest t0 the original creditor 0r its assigns, references herein t0 Plaintiff may include Plaintiff’s predecessor-in- interest. 20. Before commencement 0f this action, Plaintiff informed Defendant in writing that it intended t0 file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code 0f Civil Procedure § 1033(b)(2). 21. Defendant opened, used, and derived benefit from the Account through Defendant’s own use 0f the Account 0r by another’s use at Defendant’s direction. By using the Account, Defendant expressly agreed 0r impliedly promised t0 repay Plaintiff. -3- COMPLAINT CA_0132M File No.2 21-59057 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. Within the last four (4) years, Defendant became indebted 0n the Account to Plaintiff in the sum 0f $1 1,363.08 0n an account stated in writing by and between Plaintiff and Defendant. 23. Regular monthly statements were mailed to Defendant listing the debits, credits, and balance due 0n the Account. 24. The account balance at the time of charge off was $1 1,363.08. 25. Plaintiff has n0 record 0f Defendant objecting t0 the monthly statements after receipt. 26. Plaintiff has made demand 0n Defendant for repayment of the account stated but Defendant has failed t0 pay the balance due. 27. As 0f the date 0f this complaint there is due and owing the unpaid sum of $1 1,363.08. This amount was arrived by subtracting all payments and applying all credits (if any) to the Charge-off balance of $1 1,363.08 as indicated 0n the charge-off statement. -4- COMPLAINT CA_0132M File N0.: 21-59057 £0 10 12 l3 l4 16 17 18 19 20 21 22 24 25 26 27 28 SECOND CAUSE OF ACTION ACCOUNT STATED - AGAINST ALL DEFENDANTS 28. Pursuant t0 California Civil Code §1788.58(a)(2), Plaintiff is seeking t0 recover the amount 0f $4,176.64 for the account listed in the Second Cause 0f Action. This is the amount due 0n credit card account number XXXXXXXXXXXX-ZéSO ("Account")‘ which was originally issued by CAPITAL ONE BANK (USA), N.A.. The amount due is the result 0f transactions that occuwed 0n the Account. 29. Pursuant t0 California Civil Code §1788.58(a)(3), Plaintiff is the sole owner of the debt. Attached hereto is a true and correct copy 0f the Bill 0f Sale from CAPITAL ONE BANK (USA), N.A. t0 Plaintiff. The account was purchased by the Plaintiff 0n December 20, 2019. 30. Pursuant t0 California Civil Code §1788.58(a)(4), the Account balance at the time 0f charge-off was $4,176.64. 31. In accordance with California Civil Code §1788.58(a)(4), the following is an explanation 0f the amount that the Plaintiff is seeking t0 recover at the time 0f the filing 0f this Complaint: Charge-off Balancez $4,176,64 Total Post Charge-Off Interest $0.00 Total Post Charge-Off F6653 $0.00 32. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date 0f default is June 08, 2019 and the date 0f the last payment was April 06, 2019. 33. Pursuant t0 California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the Charge-Off creditor at the time 0f the Charge-Off is CAPITAL ONE BANK (USA), N.A.. On information and belief the Plaintiff alleges that an address utilized by CAPITAL ONE BANK (USA), N.A. at the time 0f charge-off was 1680 CAPITAL ONE DRIVE MCLEAN VA 22101. At the time of Charge off the account number associated with the debt was XXXXXXXXXXXX-ZéSO. 34. Pursuant t0 California Civil Code §l788.58(a)(7), Plaintiff alleges that the name 0f the debtor as it appeared in the records 0f CAPITAL ONE BANK (USA), NA, is MISHELL VERA LE and the last known address as it appeared in the records of CAPITAL ONE BANK (USA), N.A. is APT 2104 1600 2ND AVE SEATTLE WA 98 1013343. 1 Pursuant t0 California Rule of Court and California Civil Code §1788.58(c) the Account number has been redacted t0 protect the Defendant's confidential information. 2 This amount may include the charged-off principal amount and pre-charge-Off accrued interest as set forth in the seller data sheet attached hereto. 3 This amount is not reflective 0f the costs incurred in the filing and service 0f this action which are recoverable pursuant t0 California Code of Civil Procedure §1033.5. ‘5. COMPLAINT CA_0132M File No.1 21759059 VGUI-PUJN 00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35. Pursuant t0 California Civil Code §1788.58(a)(8), Plaintiff alleges that the name and address 0f all post charge-off purchasers 0f the debt are as follows: Name Address MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN ]NC. DIEGO CA 92108 36. Pursuant t0 California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied with the provisions of Civil Code §1788.52 and that it informed Defendant of the assignment 0f the aCCOllnt. 37. Pursuant to California Civil Code §1788.58(b) attached hereto is a true and correct copy 0f a monthly statement recording a purchase transaction, payment 0r balance transfer while the account was active as required by California Civil Code §1788.52(b). 38. The Account balance at the time 0f charge-Off was $4,176.64, attached hereto is a true and correct copy 0f a billing statement that was mailed t0 Defendant stating the balance due 0n the Account at 0r around the time of charge-off. 39. By this complaint, Plaintiff seeks to recover amounts 0f $4,176.64 from Defendant. 40. As alleged above, before filing this suit, all right, title and interest to the Account were sold and assigned t0 Plaintiff. Plaintiff owns the Account and is entitled t0 collect on the Account as if it were the original creditor. T0 the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor 0r its assigns, references herein t0 Plaintiff may include Plaintiff’s predecessor-in- interest. 41. Before commencement 0f this action, Plaintiff informed Defendant in writing that it intended t0 file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code 0f Civil Procedure § 1033(b)(2). 42. Defendant opened, used, and derived benefit from the Account through Defendant’s own use of the Account 0r by another’s use at Defendant’s direction. By using the Account, Defendant expressly agreed 0r impliedly promised t0 repay Plaintiff. -6- COMPLAINT CA_0132M File No.2 21-59059 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43. Within the last four (4) years, Defendant became indebted 0n the Account t0 Plaintiff in the sum 0f $4,176.64 0n an account stated in writing by and between Plaintiffland Defendant. 44. Regular monthly statements were mailed t0 Defendant listing the debits, credits, and balance due 0n the Account. 45. Defendant last made a payment 0n the Account 0n April O6, 201 9. 46. Plaintiff has n0 record of Defendant objecting t0 the monthly statements after receipt. 47. Plaintiff has made demand 0n Defendant for repayment of the account stated but Defendant has failed t0 pay the balance due. 48. As 0f the date 0f this complaint there is due and owing the unpaid sum 0f $4,176.64. This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off balance of $4,176.64 as indicated 0n the charge-off statement. _7_ COMPLAINT CA_0132M File N0.: 21-59059 E .n 1 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: a 2 0n the First and Second Cause of Action: 3 1. For the unpaid balance 0f $15,539.72; 2. Costs 0f suit; 4 3. Such other relief as the Court may deem just and proper. 5 6 7 Dated: April 19, 2021 Midland Credit Management, Inc. 8 9 By: Q w 2/ 10 D JACK H. POGOSIAN D MANASI TAHILIANI 11 ZTIYO JIN JULIA JUNG D MELINE GRIGORYAN 12 D CHRISTINA ARNOLD D MICHAEL D. KAHN 13 D CAMRYN P. BERK 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 .8- COMPLAINT CA_0132M File No.2 21-59057 Forward Flaw Receivable Sale Agreement datedNavember i5, 2018 BILL 0F SALE Clasing Date: December 20, 2019 Ca ital One Bank (USA), National Association (“Stiller”), in consideraticn of a Purchase Price ofh and ether valuable consideratiam the receipt of which i5 hatch}; acknowledged, hereby sails, assigns and transfers ali right, title and interest in the Acmunts. identified in the Saie File entitled OMEGABNOOK.SALEsymn-EAsiBFRLLEzo1912B&Bmmimamdatgz‘ . ommgmovs.SALESPRoD-EASTBFRLLEM91213_B:~:0075_customer.dat.gz OWGA.BN0076.SALES.PRoD-EAST.BFRLL320191213_BN0076_phone.dat.gz (which may be in electronic form) ti: Midlafid Credit Management, Ina, as successor in interest to, Midland Funding LLC (f‘Buyer’i without recourse or representatién except as EXpre531y provided herein 0r on the tenns, and subject to the conéitifins, set forth in the Agreement (as defined below); This Bill of Sale is delivered pursuant ta that cerium Forward Fiaw Receivabie 33:2 Agl cement, dated as ofNovember i5 2013 by and betwsen Seller and Buyei (the- “Agmemcnt”). All. capitalized iezms used, but not defined in {his Bill 0f Sale shail have the mean§ngs assignefi {x3 such terms in the Agreement. The Sale File DcliVexy Date fin the Sale File was December 1'6 201 9 The aggregate 5,343 Balance Qf the Accaunt‘s as 0f the Saie Fiie Delivery Date- was CAPITAL QNE BANK (IESA), MIDLAND CREDIT MANAGEMENT, INC. NATIE. ssmlmpm . Title: Vice Fragment Famard Haw Receivable Sale Agmment dated November-is; 2018 AFFIBAVIT ’01? SALE 0F Acmm’: BY CREBITOR State of Virginia, County ofGoochland. James R. Lane being duly sworn, deposw and says": I am over 13' and net a paz’ty'to'this action. I am a Vice President of Capital One Bank (USA), National Associaticn, .111 that position I. am mar: 'af the process ofthe sale and-asgignment of electronically stored. husimss records. 0n 0r about Dezembe'r 1-6, 2019, Capital One Ball}: (USA), National Ass'ociation‘sald a p001 'of charged-off account's (€113 Accaunts) by a Forward Flew Receivable Sale Agreamenf and aBill of Sale to Midland Crédit Managame'nt, Inc“ as Successcr in interest to Midland Funding LLC; As part of the sale- cf tha Accounts demonic recards 311d other recerds wet: transfencid 913. mdividual Accounts t9 the. debt buyer These records ware kept'1n the ordinary enurgg uf business of Capital. C3313 Bank (USA), National Association I am mt 21me of any eflurs in these atm‘unta The abave statements are true ta the best ofmy knawledge. SUBSCRIBED and swam to before me, the undersigned Notary Public in the jmisdiétion afaresaici by James R. Lane who Is personally knawn fa mg and who aclmowledged befere me his signature to the furegeing Affidavit. GIVEN underfimy hand and Seal this E day 9f E‘RMZE; ,5, 2020. : f " .. Wimm wgsfm: ?flééé William Westoa Palgg ‘g wanes“ PUBLIC REG #TIQSQSB 3‘30th Public cogganwmm m: maemm SAY $GM§AESSMH EXPifiES OCT. 31. 2fl22 Forward Flow Receivable Sale Agreement dated Kavember 15, 2018 CERTIFICATE OF CONFORMITY CERTIHCATE 0F COMORMITY MADE PURSUANT To CPLR 23390:) and RPL- 299:3 L an attorney-at-law admitted to practice in the COmmofiwealth of Virginia; d0 hereby certify that William Weston Paige, is a natary public in and for the Commonwwdth ofVirginia; in the: jufiSdicfian aferementionad and the aclmawiedgment upon afiidavits for Capital One Bank (USA), Naticnal Assaciatign 3:: taken in the manner prescribed by the: laws of the, ' Camonwealth of Virginia and cofiam to the laws thawf in all. respects, 1N WITNESS WHEEE‘OFJ have hereunte set my signatutag this r ?é day 0f , 202i}. f g t; 3,3333 55%;:ng V 7 Printed Name :7! {JLE ‘1? Signed Name Attorney at Law; Gammonwealth {3f Virginia Field Field Data Account Number -459 Seller Account ID _2431 First Name MISHELL Middle Name VERA Last Name LE SSN XXX-XX-3329 Date of Birth _ Address 1 APT 2104 Address 2 1600 2ND AVE City SEATTLE State WA Zip 981 013343 Open Date 09/01/2017 Sale Amount $1 1,363.08 Charge Off Date 11/1 8/201 9 Charge off Balance $1 1 363.08 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 Sale/Assignment of Accounts transferred on or about 12/20/201 9 in connectign with the sate of accounts from Capital One Bank (USA), National Association to Midland Credit Management, Inc. OMEGA.BNOO76.SALES.PROD-EASTBFRLLE201 91 21 338N0076_main.dat.gz OMEGA.BNOO76.SALES.PROD-EAST.BFRLLE201 91 21 3;BN0076_customer.dat.gz OMEGA.BNOOTGSALESPROD-EAST.BFRLLE20191213_BN0076_ph0ne.dat.gz Page 1 0f 2 Visa Signature Account Ending in 2469 Apr. 17, 2019: May 16, 2019 I 30 days in Billing Cycie , Paymghti‘V‘rnfor'rrj'atio Payment [33% 3‘56 For online and phone: payments Previous Bafance $9,686.70 ’ ’ the deadline is Spm ET. Jun‘ 13! 2019 Payments $0.00 New Balance Minimum Paymefi Due Other Credits $0.00 $10 146-25 $573.00 Transacflqn; + $25814 LATE PAYMENT WARNING. It we do not receive your minimum payment C35“ Advances + $030 by your due date, you may have to pay a iate fee of up t0 $35.00. Fees Charged + $35 00 MINIMUM PAYMENT WARNING: If you make only the minimum , payment each period, you will pay more in interest and it wilt take you 'ntereSt Charged + $16641 ionger to pay off your baiance. For example: New Balance _ $10 146 25 Credit Limit $10,000.00 V 7 Available Credit (as of May 16 2019) $0.00 EM'NmUm Payment {25 Years {$25 973 Cash Advance Credit Limit $3 000 00 Ff you would like infnrmation ahnut credit cuunseling services. call 1s383;325;8055. Available Cradit for Cash Advances $0.GO EEKEGi y :5: gr; i? ik g caggfizémm mfg ‘ Account Notifications 3*: 33:: F0: quesmns d w: thas arr glease give I annil at E13 Your "rs“ m3: has gamer;Jute: it: credit [arm’s and is: arrently past due. l-SGG-QS?Es“ Vue ;l he. tr: k elp yen: N.om‘ “smug? Fridav frC-m 8 am. to: a m. ET and :amrda; 3rnd S: 1~3a5 from 83 n1 {a 5 pm Additiona! notifications on page 2 Customer Service: 1-800-955-7070Pay or manage your account on our mobile app or at u- ms ,m tamne. com. See reverse for Important Information Please sent! us this parliun of your statement and nniy one check (or am: money nrder) £0 ensme your payment is processed pmmpfisn Aliaw at least seven busifiess days for deiivery. 4430031 Manage your account Payment Due Date: Jun. 13, 2019 ACCOUM EDding in 2459 0n yOur time 7 _.. P Vaucanacc JaccountwfiarnaxanNew Balance Mimmgm V3} leaf. Due Amount Enclosed gm Qurgecurg wgbgitg; anyfimgi 24f: $10,146.25 $573.00 $ ' NISHELL VERA LE APT Elan lhDD END AVE Capital One SEATTLEa 3A fiaLUL-aaua F.o. aux basqa City cf Industryx CA 5L715-DSH3 Ill...| iiilli"~'III'III’I'Illmlil'im‘I'I'li'iHulW'h-hI'l'hll 1 2459 15 0000000923000573001 , st Cha‘ es? If you pay your statement's New Balance m 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 0n the portion of the balance that you did no: pay. For Cash Advances and Special Transfers, we will start charging interest on the Uansacts‘on date. Cefiain 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 g9? g‘jied? interest Charges accrue from the date of the transaction as lhe first day of the Bifiing Cycle. Interest Charges accrue on every unpaid amount until it is paid in fulE. This means you may owe Interest Charges even if you pay the entire New Balance for me Biliing Cycle. but did not do so the previous Bitling Cyde, Unpaid interest Charges are added to the corresponding segment of your account. Do you assess a, Minimum Interest Chamie? We may assess a minimum Interest Charge of $0 G0 for each Billing Cycle if your account is subject to an Interest Charge. How do ou Calculate the Interes Char e? We use a method called Average Daily Balance (including new transactions} .First. for each segment we take {he beginning balance each day and add in new transactions and the pen'odic Interest Charge on the previous day‘s balance. Then we subtract any payments and credits for that segment as of that day. The resuit Es the daily balance for each segment. However! 'rf yow previous statement balance was zero or a credit amount, new transactéons which post to your purchase segment are not added to the deity balance. 2‘ Next, for each segmem, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The resuit is the Average Dairy Balance for each segment. 3A: {he end 0f each Bining CyCEe, we multiply your Average Dairy Balance for each segment by the daily periodic rate (APR divided by 365) for that segment. and men we multiply the result by the number of days in ihe BHlin-g Cycle. We add the Interest Charges for all segments together. The resuit Es your total Interest Charge far the Billing CycleA The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section 6f this Statement. NOTE: Due lo rounding 04' a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How En my Variable APR ahang '2 Your APRs may increase or decrease based on one of the following indices (reported in The Wall Sfreet Journal ). The letter code below corresponds with the Eetter next t0 your APRs in the interest Charge Calculation section of this statement. _L Code next to How do we calculate your When your APRts) will change your APRtsL APRfsf? Index + mamin P Prime Rate + margin The first day of the Biiling Cycies that L 3 month LiBOR f margin end in Jan" April, July, and Oct. D Prime Rate + margin The firs! day o! each Biliing Cycie. F 1 month LiBOR + margin ow can I Avoid Membemhi fem? 1f a Renewal Notice is pn'nted on this statement. you, may avoid paying an annual membership Fee by contacting Customer Service no Later than 45 days afier the last day in the Bifling Cycle covered by this statement to request that we close your account. Tc: avoid paying a monthly membership Fee. ciose your acouunt and we wiiE stop assessing your monthly membership Fee. How can I Chase 9A Agcou t? You can contact Customer Service anytime m request that we dose your account. Changing Maiiing Address? You can change you: address by signérrg into your account oniine or sailing Customer Sewioe. Pay oniine at www.capitalone.com 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 lo make a paymenti you authorize us to use information from me check (o make a one‘time ACH or other electronic transfer from your bank account. We may also process il as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do ou A ant? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (inciufling 0% APR)! and then to baiances with higher APRs. We apply any part of yourpaynmnt exceeding your Minimum Payment to the balance with the highest APR. and then to balances with fower APRs. Biliin Ri hts Summa Does notA lo Smali Business Accounts What To Do if You Think You Find A Mistake On Your Statement : 1f you think there is an error on your statement, write to us at: Capiiai One P.O. Box 30285 Salt Lake City, UT 84130-0285. In your lettar, give us the following information: u Account information: Your name and account number. o Dollar amount: The dollar amount of the suspected error. I Description of Problem: If you think there is an error on your biil. 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 enws and you may have lo pay the amount in question. We will notify you in writing within 30 days of our receipt of your leuer. While we investigate whether or not there has been an error. the folkowing are true: u We cannot tzy 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, BuL 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 until we send you a notice about the outcome of cur investigation. you are responsible for me remainder of your baiance. I We can appiy any unpaid amount against your credit limit. Wrmin 90 days of our receipt of your letten we will send you a written notice expiaining eimer mat we corrected the error (to appear on your next statement) or the reasons we believe the bili is conect. 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 probiem. wifiw the merchant, you may have the right not to pay the remaining amount due on the purchase. To use fluis right. the following muat 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 quaEify: and 2) You must not yet have fully paid for the purchase. H all of the criteria above are met and you are sfiil dissatisfied with {he purchase. contact us in wn'ting al: Capital One. PD. Box 30235, Salt Lake City, UT 84130-0285. While we investigate. the same rubs appiy to the disputed amount as discussed above. After we finish our investigation, we wiil tell you ow decision At that point, 'rf we think you owe an amount and you do not pay we may report you as delinquent. ETC-O8 © 2016 Capital One. Capital One is a federaliy registered service mark moms How do l Make Payments? You may make your payment m severai ways: 1. Online Banking by bgging into your account; 2. Capital One Mobile Banking app for approved electronic devices; 3. Calling the teiephone number listed on the front of this statement and providing the required payment information; 4. Sending maiE payments to the address on the front of this statement with flue payment coupon or your account information When wilt 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 pm. ET. - For maii‘ as of the business day we receive it. 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, 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 he honored‘ To manage ycur account, please refer to your billing statement for customer service options. Transa’ on Jew; em £3! MISHELL VERA 1E #2469: Payments, Credits and Adjustments Date Descriytion Amount MISHELL VERA LE #2469: Transactions Date Description Amnuni Apr 20 RITE AiD STORE - 6234SHORELINEWA $33.35 Apr 20 HMART - LYNNWOODLYNNWGODWA $26.97 Apr 20 ARITAUMLYNNWOODWA $68.51 Apr 20 DEBON COSMETICLYNNWOQDWA $129.31 WSHELL VERA LE #2469: Total $258.14 Total Transactions fut This Period $258.14 Date Description Amount May 13 PAST DUE FEE $35.00 Total Fees tor This Petiod $35.00 Total Fees charged Total interest charged r Alfitérést ChaggeonPurchases ”$5166.41 I Mtérest Charge on Cash Advances $0.06 interest Charge on Other Baiances $0.00 Total Interest fur This Period $166.41 $105.00 $345.51 Your Annual Percentage Rate (APR) Is the annual interest rate on your account. Cash Advances 25.24% P $0.00 Type of Annua! Percentage Balance Subject Interest Charge Balance RateW’R) to Interest Rate Purchases 20.24% P $10,003.64 $166.41 $0.00 P,L,D.F = Variable Rate. See reverse of page 1 for details. Page 2 of 2 Visa Sigfiature Account Ending in 2469 Apr. 17, 2019 ~ May 16, 2019 I 30 days in Billing Cycle ‘ Notifications You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at {east 7 business days for your minimum payment to reach, Capitai One. 306036 7 Get the apg fiasiigned t0 save time. . g Efar‘tiessky :fifigfi €33 3:65am: oh the g0 viii": Page 1 of 4 Visa Signature Account Ending in 2469 Oct. 17, 2019- Nov. 16, 2019 l 31 days in Billing Cycle V Payment Inform 0' ' , 1 ' _. ~‘ ._ AccOu nt- S mmary -_ ; : Payment Due Date For oniine and phone payments. Previous Balance $1 1,174.22 PAST DU E the deadiine Es 8pm ET. Payments $0.00 New Balancé Minimum Payment Due Other Credits $0.00 $1 1 ,363.08 $1 1 ,363.08 _ Transactions 7 + $0600 IMPORTANT ACCOUNT UPDATES; caSh Advances + $000 Your full balance is due. Any payment you make wit! reduce your balance Fees Charged + $O'OO and her pay off your debt faster. The amount yau owe may differ if Interest Charged + $188 86 you‘ve entered into a separate payment agreement. ' 7 7 New Balance = $1 1,363.03 Aviariirable Credit (as of Nov. 16, 2019) _H V _ V . N/A §§K§§§ Account Notifications Welcome to your account notificatians. Check back here each month f0! important updates about your account. Pay or manage your account on our mobile app or at mm.esapiialone‘cam. Customer Service: 1-800-25859319 See reverse for important Information Please send us this purfion af your statement and only one check (m one money flrder’) to I 7‘ ensure your payment is pracessed promptly. Allow at least seven business days for delivery. 40003D Payment Due Date: PastDue Account Efidifig in 2469 New Eaiance Minimum, Payment Due Amount Endosed $11,363.08 $11,363.08 $ MISHELL VERA LE APT Elan Lana END AVE Capital One SEATTLE~ NA fiaLUL-aaua 9.0. Box EUSfiq ”I I City of Industry1 CA 91.71.5-0535 ,,,Il| I"l'I'"EII'IIIII-Il-mlllinlfl-“IHIIlul"w|I-'*|':'hll 1 2469 16 0000000923000000004 How can l Avoid Pavinq Interest Chames? 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. ff you have been paying your account in full with no Interest Charges. but then you do not pay your next New Balance in fun. we will charge 1nterest on the ponion of the balance that you did not pay. For Cash Advances and Special Transfers. we will start charging Interest on the transaction date‘ Certain pmmotjonal offers may allow you to pay less than the tokal New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement fur additional information How is me Interest Charge agglied? Interest Charges accrue from the date of the transaction or the firs! day of the Bifling 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 $000 for each Billing Cche if your account is subiect to an Interest Charge. How do you Calculale the Ingeresg ghgrgg? We use a method caHed Average Daiiy Balance (including new transactions). .First, for each segment we take the beginning balance each day and add in new transach‘ons and the periodic Interes! Charge on the previous day's balance. Then we sub‘racx any payments and credits for that segment as of that day. The result is the dairy 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 10 the daily balance. 2. Next, for each segment. we add the dairy balances together and divide the sum by the number of days m the Billing Cycle. The result is the Average Dairy Balance for each segment. 3.At the end of each Billing Cyde, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multipiy lhe result by lhe 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 Bifiing Cycle. The Average Daily Balance is referred to as the Balance Subject lo Interest Rate in the Interest Charge Calculation section of this Statement NOTE: Due to rounding o: a minimum Interest Charge, this calculation may vary slightfy from the Interest Charge actually assessed. ng gan my Variggle APR change? Your APRs may increase or decrease based on one oi the following indices (reported in The Wail Sheet Journal ). The letter code below corresponds with the letter nexi to your APRs in the Interest Charge Calculation section of this statement. .4 Code next to How do we calculate your When your APR(5) will change vour APR(s) APRM? Index + margin P Prime Rate + margin The first day of the Billing Cycles that L 3 month UBOR + margin end in Jan‘. Apn’l, July. and Oct D Prime Rate + margin The first day of each Billing Cycie. F 1 month LIBOR + margin Haw can I Avoid Membershig Egg? If a Renewal Notice is printed on this statement. you may avoid paying an annual membership Fee by Contacting Customer Service no late! than 45 days afler the Iast day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthfy membership Fee, close your account and we wil! stop assessing your mommy membership Fee. flow can I Close My Account? You can contact Customer Service anytime to request that we dose your account. Changinq Mailing Address? You can change your address by signing Into your account online or calling Customer Sewice. Pay online at www.capitalone.00m h Z 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 othe! reialed account. When you provide a check or check information to make a payment, you authorize us {o use information from the checkto make a one-lime ACH or other electronic transfer from your bank account. We may also process il 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 Aggy m Pament? We generally apply payments up to your Minimum Payment first to [he balance with the lowest AF'R [including 0% APR). and then to balances with higher APRs. We appiy any part ofyourpayment exceeding your Minimum Payment to the baiance with the highest APR, and then to ba1ances with rower APRs, Billing Rights Summary (Does not Appty lo Small Business Accounts) What Tu Do If You Think You Find A Mistake 0n Your Statement : If you mink there is an error on your statement. write lo us at: Capital One P.0, Box 30285 Salt Lake City, UT 841300285. In your letter, give us the following information: a Account information: Your name and account number‘ - Doliar amount: The doflar amount of the suspected error. I Description of Problem: If you think there is an error on your bHI, describe what you believe is wrong and why you believe it is a mistake. You mum contact us within 60 days aftef the error appeared on your statement You must notify us of any potential errors in wrifing. You may call us or notify us electronicaily. 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 1he amount in question, or raped you as delinquent on that amount. The charge in question may remain on your statement and we may continue lo charge you interest on that amount. But if we determine that we made a mistake( you will not have to pay file amount in question or any interest or omer fees related to that amount. c While you do nol have to pay the amount in qaesfiun until we send you a notice about the outcome of our investigation. you are responsible f0! the remainder of your balance. o We can apply any unpaid amount against your credit limit, Wfihin 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 lfYou Are Dissatisfied With Your Purchase: If you are dissatisfied wi‘fl'l 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 {his right, (he following must he true: 1) You must have used your credit card for the pumhase. 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, Ef all of [he criteria above are met and you are still d(ssatisfied wilh me purchase, contact us in writing at: Capital One. P.O. Box 30285, Salt Lake City. UT 34130-0285. While we investigaie. the same rules apply to the disputed amount as discussed above. Aftef we finish our investigation, we will tell you our decision. Al thai mint if we think you owe an amount and you do not pay we may report you as delinquent ETC~08 © 201B Capital One. Capital One is a fedewliy tegistered sewice mark moms How do | Make Payments? You may make your payment In several ways. 1 Oniine Banking by logging into your account; 2. Capital One Mobile Banking app for approved electronic devices; 3. Calling the telephone number listed on the fmnt of this sta‘emem and providing the required payment information: 4.. Sending maii payments to the aédress on the front of this statement with me paymem coupon or your account information When will you Credit My Paymem? - For mobile, oniine or over the phone, as of ihe busEness day we receive EL as long as it is made by 6 pm. ET‘ - For mail. as of the business day we receive it‘ as long as it i5 received by 5 pm. Iocai time at our processing center. You must send the bottom podion of this statement and your check to the payment address on She front of this slaiement. Please allow at least seven [7) business days for mafl delivery. Mailed payments receiVed by us at any o(her focation 0! payments in any other form may not be credited as of lhe 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. MISHELL VERA LE #2469: Paymenis. Credits and Adjustments Date Description Amount Page 2 of 4 Visa Signature Account Ending in 2469 Oct. 17, 2019 - Nov. 16, 20191 31 days in Billing Cycle BQOOE MISHELL VERA LE #2469: Tiansactions Date Description §~1rwgggxrgw Date Description Amount Total Fees {ur This Period $0.00 Interest Charge on Purchases $188.86 Interest Charge on Cash Advances $0.00 Interest Charge on Other Baiances $0.00 Total Interest fur This Period $188.86 v _ ,___ Total Fees charged Total Interest charged Your Annuai Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subject Interest Charge Balance Rate(APR) ta Interest Rate Purchases 19.74% P $11,265.33 $188.86 Cash Advances 24‘743’0 P $0.00 $000 P,L_.D,F = Variable RateK See reverse 0f page 1 for details. 201 145 Your account has charged off. It is now being serviced by the Recoveries department. Ca” 1-800-258-9319 if you have questions about this notica Forward FEW Receivable Sa'le Agreemem dated November 15, 21.318- BILL 0F SALE Closing Date: Decembar 20, 2019 Ca ital One Bank (USA), National Associatien (“Seller"), in consideratian of a ?urchase Price ofh and other valuable censidefatian, the feceipt of which is hereby acknowledged, hereby sells, assigns and transfers 312 right, title. and interest in the Accounts identified in the Safe File entitied OMEGAB'IQOWE.SALESPROD-EASTBFRLLEZO191213HBN0076;main.dat,gz 0MBGABN00765ALBS.PROD-EASTBFRLLEEQ191:213_BN0076_customer.dang-. DWGAENQMSALES.PRODEASTBFRLLEN:91213_BN0076§lzone.dat.gz (which may be it: electrcfiic form) t0 Midland Credit Management, Inc, as suécesscr in interest to, Midland Funding. LLC (?‘Buyer’j, withaut IECQfirse or representation except as eiXpre‘sst provided herein or cm the terms, and subject to the conditions, set forth in the Agreement (as defined below} __ This Bill of Sale is delivered gursuant t0 that, aertajn Forward Flow Reseivable Sale Agreement, daied as ofNQvember 15, 20 i8, by and between Seller and Buyer (the “Agreemenfj. All capitalized terms used; but not defined, in this Bill 13f Sale shall have the meanings assigned i0 such terms in the Agrecmem. Balance of the Accaunts as of the Sale File Delivew Date was CAPITAL ONE "BANK (USA), MIDLAND CREDIT MANAGEMENT; INC. NATIQ"-WCETEN Forward Flaw Receivable Sale Agraunefit dated Navember 15; 2918 AFFiDAVIT 0F SALE 0F ACCQURT BY CREDIIGR State of Virginia, County offiaochland. James R. Lane being duly sworn, deposes and says: I am over 1'8 and not a party ta thisraction. I am a vice'President of Capital One Bank (USA), electronically stored business regards. On or about December 16, 2019 Capital One Bank (USA) National Assaciafien séld a pool of charged-af’f accounts (the Accaunts) by a Forward Fiow Receivable Sale Agreement and a Bili of Sale ta Midland Credit Management, Ina, asswam in interest to, Mléland Funding LLC. As part ofthe sale of the Acwunts, electrofic feceids ané other raced; war; gagsferred cm individual Accoums to the debt buyer‘ These rewrds were kept in the ordinary gourse of business of Capital One Bank {USAL National Assaciation. I am not aware af any errors in these accounts. The 313w:- s’tate'ments are true t9 the best ofmy knowiedge. I SUBSCRIBED arid swam to before me, the undersigned Notary Public in the juxisdiéfien aforesaid, by James, R. Lane. whq is persanally known t3 m: andwho acknowiefiged before me. his signaturs ta the foregoing Affidavit. _ GIVEN under nmy hand and sealthis 15% * "7;, ’ r _ W 7 H , 2020, Wfl“ figs?“ Egg? ””wngggga wESTGN PAIQE William Wesicn Paige ‘ I ROTARY Puauc age. #7795956 Now” Pubfic GOWONWEAHH 0F maemm m congissmg amass on 31 2&2: Forward Flow Receivable Sale Agreement dated NdVemb'er 15, 2018 CERTIFICATE OF CONFORMITY CERTIFICATE ()1? CONFORMITY MADE PURSUANT To CPLR 2309(c) and RPL 2992a I, an attumsy-at-law admitted to pracfice in the Ccmanwealth of Virginia, d0 hereby” certify that William Weston Paige, is a netary public in and for the Commonwealth ofVirginia, in the jurisdiction aféfementianed and the acknowledgmem span affidavits fer Capital One Bank: (USA), National Asssciatian are taker: in the manner prescifibéd b‘y the laws 9fthe CamenWealth 0f Virginia and confirms to the laws thaegf in all respect; IN WITNESSMORE have; hereunto set "my signature, this 7. fiAday of , 2326. . PrintedNamfi g 5:): %-~- gf: 7 Signad Name Attorney at Law; Cowonwealth of Virginia Field Field Data Account Number _680 Seller Account ID _1 1 40 First Name MISHELL Middle Name VERA Last Name LE SSN XXX-XX-3329 Date of Birth - Address 1 APT 21 04 Address 2 1600 2ND AVE City SEATTLE State WA Zip 981013343 Open Date 07/23/2016 Last Purchase Date 04/29/201 9 Last Purchase Amount $44.95 Last Payment Date 04/06/201 9 Last Payment Amount $41 200 Sale Amount $4,1 76.64 Charge Off Date 11/1 3/201 9 Charge off Balance $4,1 76.64 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 Sale/Assignment of Accounts transferred 0n or about 12/20/201 9 in connection with the sale of accounts from Capital One Bank (USA), National Association to Midiand Credit Management, Inc, OMEGAEBNOO76.SALES.PROD-EASTBFfiLLEZW 91, 21 3_BNOO76_rnain.dat.gz OMEGA.BN0076.SALES.PROD-EASTBFRLLE201 91 21 3‘8N'0076_customer.dat.gz OMEGA,BN0076.SALES.PROD-EASTBFRLLE201 91 21 3_B‘N0076_pho‘ne.dat.gz Page 1 of 2 Platinum MasterCard Account Ending in 2680 Mar. 13, 2019- Apr. 12, 2019 I 31 days in Billing Cycie U {Summary ' Payment Due Date FOI’ online and Phone Payments. Previous Balance $3,699.40 the deadline is 8pm ET. May 091 2019 Payments 77 = $412.00 New Balance Minimum Payment Due r 7 Other Credits $0.00 $3,365.53 $1 1 5.00 Transactions r N V W + $000 LATE PAYMENT WARNING: If we do not receive your minimum payment C&Sh Advances + $000 by your due date, you may have to pay a late fee of up to $38.09 Fees Charged + $0 00 MINIMUM PAYMENT WARNING: If you make only the minimum , payment each period, you will pay more in interest and it wiil take you intemSt Charged + $78'13 longer to pay off your balance. For example: New Balance _ $3 365 53 Credit Limit $3,500.00 .. .. . .M , _ . _, ._ ._ .. , . .. .. ‘ Available Credit (a; 0f Apr. 12, 2019) $134.47 Minimum Fame“ 18 “(€65 $91590 Cash Advance Credit Limit $1 :500‘00 $134, .. .. .7 7 3 “Years... $4333 Available Credit for Cash Advances $134.47 Estimated savings if baiance is paid off in about 3 years: $4,757 H you would like information about credit counseling services. call 1-888-326-8055. Account Notifications (1:) Welcome to your account notifications. Check back hem each month for important updates about your accou nt. Pay or manage your account on our mobile app 0r at manage;ialaamom. Customer Service: 1800-9554070 See reverse for Important Information Plaase send us this partiun of your statement and only one check {or one money order) tn V n _ ensure your payment is processed promptiy. Allow at least seven business days far dezivery 499035 Make a statememt, Payment Due Date: May 09. 21319 Account Ending in 2680 GO paperless. Stag waiting far ycsur bi” Ea arrive New Balance Minimum Payment Due Amount Enclosed inthé maiisfici gc papérégsg {Gday‘ $3,365.53 $115.00 $ HISHELL VERA LE APT ELLE lbflfl END AVE Capital One SEATTLE1 MA R&IUl-EHHE P.O. Box 50513 ”lnll City of Industrya CA 3L?lE-DSHH II'I'I"'III'III'I!II'mi'NIIH'I“'I"IIIIII"Il'II"'l'I'hl| 1 2680 12 3365530412000115003 HawcanlAvoid Pa Tn Interest C a e ? lfyou pay yourstatement‘s New Balancein full by the due dale, we will not charge you interest on any new transactions that post to the purchase segment. kt you have been paying your account In fuil with no Interest Charges. but then you do not pay your next New BaIance in full, we will charge interest on the portion of the balance that you did not pay, For Cash Advances and Special Transfers. we Ml! start charging Interest on the transaction date. Certain promotional cffers may allow you to pay less than the totaE New Balance and avoid paying Interest Charges on new purchases Please refer to the front of your statement for additional inflammation. How is the Intergt Chagge apgiied? 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 y0u may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle. but did nut do so the previous Billing Cycle. Unpaid interest Charges are added to the corresponding segment of your account. Du you assess a Minimumlnterest Charge? We may assess a minimum Interest Charge of $0.00 for each Billing Cycte if your account is subaect to an Interest Charge. How do ou Calcul te the Interest Char e? We use a method called Average Daily Balance (inducing new transactions). .FirsL for each segment we take the beginning baEance each day and add in new transactions and the periodic Interest Charge an the previous day’s baiance. Then we subtract any payments and credits for that segment as of that day. The resuit is the daiiy 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 baianoes together and divide the sum by the number of days in the Bailing Cycle. The result is the Average Daily Balance for each segment. 3. At the end 0f each Birling Cycle. we multiply your Average Deity Balance f0! each segment by the daily periodic rate (APR divided by 365) for that segment. and then we mummy the result by the number of days in the Billing Cycle. We add the interest Charges for all segments togethen The resufl is your total Interest Charge for the BiEling Cycle. The Average Daily Balance is referred to as the Balance Subject to intea‘est Rate in the Interest Charge Calculatioa secfion of this Statement. NOTE: Due to rounding o: a minimum Interest Charge, this calculation may vary slightly from the Iniemst Charge actually assessed. ng can my Variable APR change? Your APRs may increase or decrease based on one of the following indices (reported in The Wail Street Journal ). The teller code below corresponds with the fetter next to your APRs in me lnterest Charge Calculatien sectfon of this statement. n-b Code next to How do we calculate your When your APR(5) wiil change yam APRfs] APRisl? Index + margin P Prime Rate + margin The first day of the Biifing Cycies that L V Smonth LiBOR + margin end in Jan. April, July. and Oct. D Prime Rate + margin The first day of each Biliéng Cycie. F 1 month LIBOR + margin r aid Membershi Fees? If a Renewal Notice is printed cm this statemenL you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Biiling Cycle covered by this statement t0 request that we close your acceunt. To avoid paying a manthly membersh'rp Fee! CEGSE your account and we wiii amp assessing your monthly membership Fee. How can l Ciose fly Acc0unt? You can contact Customer Service anytime ta request that we cause your account. Changfl Mailing Address? You can change your address by signing into your account oniine or caliing Customer Service. Pay online at mm.capitalone.com Pay using our mebife app 001 How do you Process Payments? When you make a payment. you authorize us to inmate an ACH or electronic payment that wiiE be debited from your bank accoum or other reialed account. When you provids a check or check iniormation to make a payment, you authorize us to use information from the check to make a one-time ACH or ather electronic transfer from your bank account. We may atso process il 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 Agni: m Pament? We generafly apply payments up to your Minimum Payment first to the balance with the Iuwes! APR (including 0% APR), and then to balances with higher APRsA We apply any part of yourpayment exceeding your Minimum Payment to the balance with the highest APR. and then to balances with lower APRs. Billin Ri hts Summa Does not A to Smail Business Accounts What To Do if You Think You Find A fiistake On 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. ln your letter, give us the following information: I Account information: Your name and account number. o Dollar amount: The dollar amount of the suspected error. I Description oi Problem: If yea; 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 afler the error appeared on your statement, You must notify us of any potential errors in writing. You may call us 0! notify us electronicalfy. but if you do we are not required to investigate any potential enors and you may have to pay the amount in question. We wiil notify you in writing within 30 days of our receipt of your fetter. While we investigate whether or not there has been an error. the foilowing are true: o We cannot try t0 coliect the amount in quesfion. or Fawn you as delinquent on that amount. The charge in question may remain on your statement, and we may continue lo charge you interest on that amount. BuL 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 me amount in question until we send you a notice about the outcome of our investigation. you are responsible for the remainder of your baiance. o We can apply any unpaid amount against your credit limit, Wrmin 90 days of our receipt of your lettef, we wiii send you a mitten notice explaining eiflwer mat we corrected the error (to appear on your next statement) or the reasons we believe the bili i5 correct. Your Rights Ii You Are Dissatisfied W'rlh Your Purchase: If you are dissatisfied with the goods or services that you have purchased wtth your credit card, and you have tried in good faith to correct the pmbEem wim the merchant, you may have the right nfit to pay the remaining amount due on {he purchase. Te 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 quaiify; and 2) You must not yet have furly paid for the purchase. If all of the criteria above are met and you are 5in dissatisfied with the purchase, contact us in writing at: Capitai One, PO, Box 30235, Salt Lake City, UT 841300285. While we investigate. the same rules appiy to {he disputed amount as discussed above. After we finish our investigation, we will tel! you our decision. Ai 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 federaiiy registered serviw mark 11iD1HG How do l Make Payments? You may make your payment'm severai 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 an the front of this statement and providing the required payment infurmation; 4. Sending maii payments t0 the address on the from of this statement with the payment coupon or your account information. When will xou Credit M1 Payment ? o For mobile, oniéne 0r over the phflne. as of the business day we receive 'rt. as long as it is made by 8 p.m. ET. - For mail, as of the business day we receive TrE, as iong 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 me front of this statement. Please allow a! least seven U] business day's fur mail delivery. Mailed payments received by us at any other location ca' 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, piease refer to your billing statement fur custnnwer service Options. Transactions fl filSHELL VERA LE #2680: Payments, Credits and Adj u USMEMS Date Description Amount Apr 6 CAPITAL ONE MOBILE PYMTAuthDate < $412.00 06-Apr MISHELL VERA LE #2580: Transactions Bate Description Amount E123" Date Description Amount Tatal Fees for This Period $0.00 Page 2 of 2 Platinum MasterCard Account Ending in 2680 Mar. 13, 2019 -Apr. 12. 20191 31 days in Bilting Cycle *‘JLm-fifi. M“. mmimih awe . .» Interest Charge on Purchases $78.13 Interest Charge on Cash Advances $000 Interest Charge on Other Balances $0.00 Total Interest for This Period $78.33 $298.61 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annuai Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Hate Purchases 25.24% P $3,644‘79 $78.13 Cash Advances 25.24% P $0.00 $0.00 PgL,D,F = Variable Rate. See reverse of page 1 for details. £10035 Protect you: ireéit stare. Mat fraud wafii afifl‘ézfi aiézfi, if yams Crag: régmrf changés with Crdesea-Ew‘é: right arm) thfg {2.33% 3E2? mgbiie apt; Page 1 0f 4 Platinum MasterCardAccount Ending in 2680 Oct. 13, 2019- Nov. 12, 2019 l 31 days in Biliing Cycle Payment Due Date For online and phone payments, Previous Balance $4!089.83 PAST DU E ' the deadline Es 8pm ET; Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $4, 1 76.64 $4, l 76.64 Transactions + $0400 IMPORTANT ACCOUNT UPDATES: C33” Advances + $090 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 +1 $86 81 you've entered into a separate payment agreement. ‘ ' New Balance = $4,176.64 Ava;l’ablgrflfinrgdjfimgisi gffitflov. 12, 20191 , N/A Account Notifications Welcome to your account notifications. Check back here each month for important updates about yOur account. Pay 0r manage your account on our mobile app, or at ma-gmalcewx Customer Service: l-800*258-»9319 See revetse for Important information Hesse send us this portinn of your statement and omy one check (nr one money urder) m = . V ensure yum payment is processed prumpfiy. Alluw at least seven business days for delivery. 400030 Payment Due Date: Past flue Account Ending ir's, 2680 New Balance Minimum Paymént Due Amount Enclosed $4,176.64 $4,176.64 $ HISHELL VERA LE APT ELEM lhflfl END AVE Capital One SEATTLE: WA QBIUL-BSHS P.0- Bax 58533 “lml City of Industry-g CA 31715-353“! WW“lII'Ill'ml'mI‘i-ma'”"l'ul|II|”H'lIi"|’i'ltll 1 2680 12 1.176640412004176648 How can t Avcid Pavinqlnierest Chamgs? If you pay yeur siatement‘s New Balance in fuil by the due date. we wifl not charge you interest on any new transactions that post to the purchase segment, if you have been paying your acmunt in fuJI with no Interest Charges, but then you d6 not pay your next New Balance in fun! we wtfi charge interest on the portion of the balance that you did not pay. Fur Cash Advances and Speciai Transfers. we will. start charging Interest on the transaction date, Certain promotional offers may allow ycu to pay less than the totai New Balance and. avoid paying interest Charges on new purchases. Please refer to the front of your statement for additional information. How is me, lnterast Chara a Jied? Interest Charges accrue from the date of the transaction qr the first day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paié 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 Cyde. Unpaid Interest Charges are added to the corresponding segment of your account. Do cu assess a Minimum interest Char e We may assess a minimum Interest Charge of $0.00 for each Billing Cycle if your account is subiefi ta an Interest Charge. ng go yen Caicutate ther Interest Charge? We use a method called Average Dairy Balance (including new transactions). .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 dairy balance for each segment; However, if your previous statement balance was zero or a credil amount, new transactions which post to your purchase segment are not added to the dairy balance. 2. Next. for each. segment we add the daily balances tcgether and divide the sum by the number of days in the Billing Cycle. The result is the Average Deity Balance for each segment. S.At the end cf each Bitling Cycle. we multiply your Average DaiEy Baiance for each segment by the daily periodic rate (APR divided by 365) for that. segment. and then we multiply the result by {he number of days in the Billing Cyde. We add the Interest Charges {or ali segments together‘ The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Baiance Subject to Interest Rate in the Interest Charge CaEcmation section of this Statement. NOTE: Due to rounding m a minimum Interest Charge. this calculation may vary slightly from the Interest Charge aslually assessed. ‘ng ggn m3 Vafigfiie APR changg? Your APRs may increase or decrease based on one of the foilowing indices {reported in The Waii Street Jaurna! }. The letter code below corresponds with the Fetter next to your APRs tn the Interest Charge Calculation section of this statement. _L Code next to How do we calculate your When your APR(5) will change your APRfs] APRts)? Index + margin P Prime Rate + margin The first day of the Billing Cydes {hat L 3 month UBOR + margin end in Jan. Apn'l, July. and Oct. 7 D Prime Rate + margin The first day of each Biliing Cche. F 1 month LIBOR + margin gm Egg! Avgici Membershig Feesz If a Renewal Nofice‘Is printed on this statemeni you may avmd paying an annual membership Fee by contacting CustOmer Service no late; than 45 days after the last day in the Billing Cycle covered by this statement to request that we close yqur account. To avoid paying a monflaiy membership Fee. dose your floccunt and we wiii stop assessing your monthly membership Fee. How can I Close 931v Account? You can contact Customer Service anyfime to request, that we dose your acwunt. Chan in Mailin Address? You can chénge your address fiy signing into your account oniine or calling Customer Sewica. Pay online at www.capitalone.com 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 (he check to make a one-time ACH or other electronic transfer from your bank accounl. We may also process it as a check transacljon. Funds may be wimdrawn from your bank account as soon as the same day we process your payment. How do you Anal! My Payment? We generally apply payments up to your Minimum Payment first to the balance with the iowest APR {including 0% APR}, and then to balances with higher APRs‘ We appEy any part of yourpayment exceeding your Minimum Payment to the balance with the highest APR. and then to balances with Eowe: APRs. Billing Rights Summary {Does not Apolvto Small Business Accountsl What To Do If You Think You Find A Mistake On 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 34130-0285. In your ietter. give us the following information: u Account information: Your name and account number. o Doliar amount: The dollar amount of the suspected error. n Description of Problem: If you think there is an errm' on your bili, descnfbe what you beiieve is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared 0n your statement. You must notify us of any potential errors in writing. You may cal! us 0r notify us electronically, but if you do we are not required to investigate any potentiai eficfs and you may have to pay the amount in question. We wiil notify you En 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: I We cannot try to collect the amount in question. or repan 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 BuL if we determine that we made a mistakeK you will not have to pay the amount in question or any interest or other fees related to that amount. v While you do not have to pay (he amount in question until we send you a notice about the outcome of our investigation. you are responsible for the remainder 0f your balance. o We can apply any unpaid amount against your credit limit. Wiihin 90 days of our receipt of your letter, we will send you a written notice expiaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill i5 conect. Your Rights If You Are Dissatisfied With Your Purchase: if ynu are dissatisfied wiEh the goods or services that you have purchased with your credit card! arid yau have tried in good faith to correct the probiem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use fl'lis 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 quaiify; and 2) You must no! yei have fufly paid f0; the purchase, ff ali of the criteria above are met and you are sflfl dissatisfied with the purchaae, contact Us in writing at: Capitai One. PD. Bax 30285, Salt Lake City, UT 84130431235. While we investigaie. the same rules app§y to the disputed amount as discussed above. After we finish our investigation, we win tel: you eur decision. Al that point, if WE think you owe an amount and you do not pay we may raped you as delinquent. ETC-OB © 2016 Capital One. Capitat One is a fedeially registered sewice mark 11101 (16 How do I Make Payments? You may make your payment m severai ways: 1 Online Banking by logging into your account: 2‘ Capital One Mobile Banking app for approved electronic devices; 3. Calling the telephone numbe: listed on the front 0f 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 [fl Payment? - For mobile, amine or over the phone. as of the business day we receive it as long as it is made by 8 pm. ET. u For mall, as of the business day we receive ’rt, 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. Please allow at least seven (7) business days for maii delivery. Maifed 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. MISHELL VERA LE #2680; Payments. Credits and Adjustments Date Description Amount MISHELL VERA LE #2680: Transactions Date Description Amount Date Description Amount Total Fees far This Period $0.00 Interest Charge on Purchases $86.81 Interest Charge on Cash Advances $000 Interest Charge on Other Balances $0.00 Total Interest for This Period $86.81 Total Fees charged $229.00 Total Interest charged . $861.63 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 24.74% P $4,131.67 $86.81 Cash Advances 24.74% P $0.00 $000 P.L,D.F :Variable Rate. See reverse of page 1 for details. Page 2 of 4 Platinum MasterCard Account Ending in 2680 Oct. 13, 2019 - Nov, 12, 2019| 31 days in Biiling Cycle E395 W 281145 Your account has charged off. it is now being serviced by the Recaveries department. Call 1-800-258-9319 if yet; have questions about this notice.