Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.April 16, 2021E-FILED 4/16/2021 11:29 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381299 Reviewed By: Ashley Mackenzie 21CV381299 6257467 JACK H. POGOSIAN, State Bar No.: 305741 MANASI TAHILIANI, State Bar No.1 272821 1 CHRISTINA ARNOLD, State Bar No.2 297590 2 HYO JIN JULIA JUNG, State Bar No.: 31 6090 MELINE GRIGORYAN, State Bar No.: 321 133 3 MICHAEL D. KAHN, State Bar No.: 236898 NICHOL ALAN DE GUZMAN, State Bar No.: 314989 4 CAMRYN P. BERK, State Bar No.: 317565 5 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO, CA 92108 6 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 7 Attorneys for Plaintiff 8 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 9 DOWNTOWN SUPERIOR COURT 10 MIDLAND CREDIT MANAGEMENT, INC‘ Case No. 1 1 Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated 13 KAREN ESQUIVEL RAMIREZ; PRAYER AMT: $2,592.60 14 and DOES l through 10, inclusive LIMITED Defendant. 15 MIDLAND CREDIT MANAGEMENT, INC, ("Plaintiff"), by counsel, sues KAREN ESQUIVEL RAMIREZ, 16 (“Defendant”) under Account Stated and in support thereof states: 17 l. Plaintiff is authorized to do business in CALIFORNIA, with its principal place 0f business at 350 18 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff owns portfolios 0f consumer receivables, which it attempts to collect. Plaintiff strives t0 treat its consumers, such as 19 Defendant, with respect, compassion and integrity, hoping t0 provide mutually-beneficial 20 opportunities for consumers to repay [heir debts and attain financial recovery. 21 2 Defendant is a resident of SANTA CLARA County, State 0f California and is subject l0 this 22 Court’sjurisdiction. 3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious names 23 DOES l through IO. Plaintiff will ask leave of court t0 amend this complaint as and when the 24 true names and capacities of Defendants named herein as DOES l through 10 have been 25 ascertained. 26 Pursuant to California Civil Code (“CA CIVIL”) §1788.58(a)(1)-(9), Plaintiff alleges: 4. Plaintiff is a debt buyer as defined by CA CIVIL §l788.50(a). 27 28 . l . COMPLAINT CA_0132G File No.: 21-46767 10 11 10. 12 l3. Defendant established a credit account (the “Account”) with CITIBANK, N.A.. The amount due is the result 0f transactions that occurred 0n the Account. Defendant was provided statements evidencing Defendant’s use 0f the Account and the balance due. Defendant failed to make the required payments and subsequently defaulted 0n the Account 0n November 08, 2019. Thereafter, Plaintiff was assigned all rights, title, and interest in the Account. Plaintiff is the sole owner 0f the debt‘ Attached as Exhibit A is a true and correct copy 0f the Bil] of Sale from CITIBANK, N.A., to Plaintiff. The Account was purchased by Plaintiff 0n July 24, 2020. The Account balance at the time of charge-off was $2,592.60. Plaintiff alleges that the date 0f default is November 08, 2019 and the date 0f the last payment was October 1 1, 2019. The name 0f the charge-off creditor at the time 0f charge-off is CITIBANK, N.A.. The address utilized by CITIBANK, N.A. at the time 0f charge-Off was 70] EAST 60TH STREET NORTH SIOUX FALLS,SD 571 I7. At the time of charge off, the account number associated with the debt was XXXXXXXX-XX-573 l. The name 0f the debtor as it appeared in the records 0f CITIBANK, N.A. is KAREN ESQUIVEL RAMIREZ and the last known address as it appeared in the records 0f CITIBANK, N.A. is 1996 LOWNEY WAY SAN JOSE CA 95131. The name and address of all post charge-off purchasers of the debt are as follows: Name Address MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE lOO SAN INC. DIEGO CA 92108 Plaintiff has complied with the provisions 0f CA CIVIL §1788.52. Plaintiff informed Defendant 0f the assignment 0f the Account. Pursuant to CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy 0f a monthly statement recording a purchase transaction, payment, or balance transfer while the Account was active as required by CA CIVIL §1788.52(b). Attached as Exhibit C is a true and correct copy 0f a billing statement that was mailed Io Defendant stating the balance due on the Account at 0r around the time of charge-off. 7 CA70132G File No.: 21-46767 COMPLAINT 10 ll 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 20. 21. 22. Plaintiff acquired all right, title, and interest t0 the Account. To 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. Plaintiff has attempted to contact Defendant through several means in an effort t0 resolve the Account, but has been unsuccessful. Defendant has not repaid this debt. Plaintiff works with consumers like Defendant to find mutually acceptable solutions, often offering discounts, hardship plans, and a variety 0f payment options. The majority 0f Plaintiff‘s consumers ignore calls 0r letters, and some simply refuse t0 repay their obligations. When this happens, Plaintiff must decide whether t0 pursue collection through legal Channels, including litigation such as the present action against Defendant. Nonetheless, Plaintiff remains interested in discovering a mutually beneficial solution through voluntary payments, if possible, in this case. Before commencement 0f this action, Plaintiff informed Defendant in writing, that it intended to file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code of Civil Procedure § 1033(b)(2). FIRST CAUSE OF ACTION ACCOUNT STATED Plaintiff realleges and incorporates by reference the foregoing paragraphs. An account was stated in writing between Defendant and CITIBANK, N.A.. Defendant opened and derived benefit from the Account. By using the Account, Defendant expressly 0r impliedly promised t0 repay CITIBANK, N.A.. Within the last four years, Defendant became indebted 0n the Account. On the Account, a balance 0f $2,592.60 was stated to be due to CITIBANK, N.A. from Defendant. Plaintiff has n0 record of Defendant objecting t0 the balance due. Before the commencement of this action, Plaintiff was assigned the Account and indebtedness. Plaintiff is now the sole owner of the Account. Plaintiff has made a demand 0n Defendant for repayment 0f the Account, but Defendant has failed to pay the balance due. The current balance presently due and owing is $2,592.60 which includes payments, set- offs, credits 0r allowances, if any, at or after charge-off. 3 CA_0132G File No.: 21-46767 COMPLAINT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff requests judgment against Defendant for $2,592.60, costs 0f this action and post judgment interest at the statutory rate. Plaintiff waives any claim for pre- judgment interest and attorney's fees. Dated; L//9/ Z 0 Z i MIDLAND CREDIT MANAGEMENT, INC. By; QZQ D JACK H. POGOSIAN D MANASI TAHILIANI D HYO JIN JULIA JUNG B’MELINE GRIGORYAN D CHRISTINA ARNOLD D MICHAEL D. KAHN D NICHOL ALAN DE GUZMAN D CAMRYN P. BERK -4- COMPLAINT CA_0132G File N0.: 21-46767 EXHIBIT A AA70l25 File N0: 21-46767 Contract ID: EN8MUMAA05 l 619 Document I‘D: ENSMUMAAOS l 719C4 Document ID: 070820MCIBBIFMBI BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated July 24, 2020, is by Citibank, N.A., a national banking association organized under the laws ofthe United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (”Bank"), t0 Midland Credit Management, [nc., a corporation organized under the laws 0f Kansas, with its headquarters/principal place of business at 350 Camino De La Reina, Suite 100, San Diego, CA 92108 (”Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated May 16, 2019, between Bank, Department Stores National Bank, and Buyer (the ”Master Purchase Agreement"), and that certain Addendum No. 4 dated May 17, 2019, between Bank and Buyer (the “Addendum”, and together with the Master Purchase Agreement, the “Agreement”), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver t0 Buyer, and to Buyer's successors and assigns, the Accounts summarized on the Asset Schedule attached hereto as Exhibit A and included in the Final Electronic File. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized 0n the Asset Schedule and included in the Final Electronic File, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank’s own business records and accurately reflects in all material respects the information in the Bank’s database; (ii) the Account information was kept in the regular course of business; (iii) the Account information was made at 0r near the time by, 0r from information transmitted by, a person with knowledge of the data entered into and maintained in the Account’s database; and (iv) it is the regular practice 0fthe Bank’s business t0 maintain and compile such data. CITIBANK, NA. By: Sfl/f/ /(Signature) Name; Steven Dasch Title: Authorized Party_ Encore OS I 6 l 9 Contract 1D: ENSMUMAAOSI619 Document I'D: ENSMUMAAOS l 719C4 Document ID: O70820MCIBB1FMA1 Exhibit A to Bill of Sale The individual Accounts transferred are described in the final electronic file. named “Encore- Best- Buy-Fresh-Flow-O720” delivered by the Bank to Buyer, the same deemed attached hereto by this reference. S l R t Lot Saleli) #ofAccounts Sale Amount ae ac Cut-OffDate Best Buy 070820MCIBBIFM 7/8/2020 Fresh Encore 05 I619 Contract ID: ENSMUMAA05 l 6 l 9 Document ID: EN8MUMAA0517 l9C4 Document ID: 070820MC l BB l FMGI AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County of Platte Lindy Cain, being duly swom, deposes and says: I am an authorized employee 0f Citibank, N.A. ("CBNA") located at 5800 South Corporate Place, Sioux Falls, SD 57108, am authorized t0 make the statements and representations herein, and I am over 18 years of age. In this position, I have access to the creditor’s books and records and am aware of the process 0f the sale of accounts and electronic storage of business records. On or about July 24, 2020, CBNA sold a pool of charged-off accounts (the "Accounts") by a Master Purchase and Sale Agreement May 16, 2019, Bill of Sale, and Addendum N0. 4_ dated May 17, 2019, to MIDLAND CREDIT MANAGEMENT, INC. As part 0f the sale 0f the Accounts, certain electronic records were transferred on individual accounts to MIDLAND CREDIT MANAGEMENT, INC. These records were kept in the ordinary course 0f business of creditor. I am not aware 0f any errors in the information provided about Lhe Accounts. The above statements are tme t0 the best 0f my knowledge. Signed this [a day 0f A(UDDULS" ,ww W? ‘_. L(ndy (fin Sworn beforemethis é day 0f Aug , QDD'O . CAROLYN E HUGHES NoIary Public - Notary Seal State of x‘x/iissmzri, Jackson County CommiLISion 11‘ ‘i 4927304 Notal‘ PUbllC My Commission Expires Jan 26, 2022 y (Notary Seal) _ ‘ . January 26. 2022 My Commlssmn Explres: Encore 05 I 6 l 9 Contract 1D: ENSMUMAAOS 1 6 l 9 Document 1D: ENSMUMAAOS l7 1 9C4 Document ID: 070820MCIBBlFMGl CERTIFICATE OF CONFORNHTY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State 0f Mlssmml and is a resident Of 0/4772 County, in [he State of MISSOURI ; that he/she is a person duly qualified t0 make this cemficate 0f conformity pursuant to the laws 0f the State of {mseoum ; [hat the foregoing acknowledgment by Lindy Cain named in the foregoing instmment taken before cm'wE‘HUQhBS Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State 0f Missouri, being the State in which it was taken; and that it duly conforms with such laws and is 'm all rCSpects valid and effective in such state.W O J&LQQ MM yam Date Korma)!6 Law [\J Encore 05 1619 Contract ID: EN8MUMAA05 l 6 l 9 Document ID: EN8MUMAA05 I7 l9C4 Document ID: O70820MC l BB I FMGI AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County of Platte Lindy Cain, being duly swom, deposes and says: I am an authorized employee 0f Citibank, N.A. ("CBNA") located at 5800 South Corporate Place, Sioux Falls, SD 57108, am authorized to make the statements and representations herein, and I am over 18 years of age. In this position, I have access to the creditor’s books and records and am aware of the process of the sale 0f accounts and electronic storage of business records. On or about July 24, 2020, CBNA sold a pool of charged-off accounts {the "Accounts") by a Master Purchase and Sale Agreement May 16, 2019, Bill of Sale, and Addendum N0. 4_ dated May 17, 2019, t0 MIDLAND CREDIT MANAGEMENT, INC. As part of the sale 0f the Accounts, certain electronic records were transferred 0n individual accounts to MIDLAND CREDIT MANAGEMENT, INC. These records were kept in the ordinary course 0f business of creditor. I am not aware 0f any errors in the information provided about the Accounts. The above statements are tme t0 the best 0f my knowledge. Signed this (0 day of AUaDMS} 007/0 fidy Ogiln ¥ Sworn beforemethis é day of A04. , 20% . CAROLYN E. HUGHES Nolary Public: A Notary Seal State of Missouri: Jackson County Commission # 1 492??»04 Notar Public My Commission Expires Jan 26, 2022 y (Notary Seal) I . I January 26. 2022 My Commlssmn Expu'es: Encore 05 I ()IQ Contract ID: EN8MUMAA05 l 6 1 9 Document ID: EN8MUMAAOS l7 l 9C4 Document ID: 070820MC l BB l FMGI CERTIFICATE OF CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an attorney at law duly admitted t0 practice in the State 0f Missmxm and is a resident of 0/10 a County, in the State of MISSOURI ; that he/she is a person duly qualified to make this cenificate of confonnity pursuant to the laws 0f the State of MISSOURI ; that the foregoing acknowledgment by Lindy Cain named in the foregoing instrument taken beforeM9599 Notary in the State of Missouri, was taken in the manner prescribed by such laws 0f the State of Missouri, being the State in which it was taken; and that it duly conforms with such laws and is in all reSpects valid and effective in such state. gravowstd MM 5/079?) Date ttomey Law [\J Encore 0516 l 9 Field Field Data Account Number -731 First Name KAREN Last Name ESQUIVEL RAMIREZ SSN XXX-XX-431 3 Date of Birth _ Address 1 1996 LOWNEY WAY City SAN JOSE State CA Zip 951 31 Home Phone 4084421281 Open Date 04/20/2019 Last Purchase Date 04/21/2019 Last Purchase Amount $2,1 94.1 7 Last Payment Date 10/1 1/201 9 Last Payment Amount $50.00 Sale Amount $2,592.60 Charge Off Date 05/14/2020 Charge off Balance $2,592.60 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 Affinity BEST BUY CREDIT CARD Account information provided by Citibank, N.A. pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 07/24/2020 in connection with the sale of accounts from Citibank, N.A. to Midland Credit Management, Inc. Encore-Best-Buy-Fresh-Flow-0720 EXHIBIT B AA_0126 File N0.: 21-46767 TUTEdS Account Statement Send Notice 01 Billing Errors and Custermr Service Inquiries to: ' . BEST BUY SHEDIT SERVICES My Best Buy® Eghamer imgeeéom P3 3w 790441 Sz Louis MO 63'79 . 7 Account Inquiries: CfEdlt card I 1-883-574-1301 F . . \ h _ Summary of Account Actmty Payment Information PreVIous Balance $1 844.1 7 New Balance $1 .6861 7 Paymems . @5800 Mimmum Payment Due $28.00 Other Cfed'ts ‘30'00 Pa ment Due Date November 7 2019 Purchases +$0.00 y ' Cash Advances +$0.00 Late Payment Warning: ll we do nol receive your minimum paymentby the Few Cha rged +3000 dale listed above, you may have to pay alate Isa up to $39 Interest Charged +$0.00 Minlmum Payment Warnlng; H you make only the mlnimum payment each New Balance $1 .5851 7 period. you will pay mow in interest and it Wlll take you longer to pay off your balance. For example: \Past Due Amount $0.00 J v Foredit Limit $1 300.00 W Only the minlrnum payment ‘ > 12 years r $5,516 > Avaulable Credit $1 13.00 $80 3 $2.390 . . . YEWS - _ , , y Amount Over Credit LImIt $0.00 , (savmgs'sa'sao) S1aternent Closing Date 10/13/201 9 It you would like information about credit counseling services. call1 6H 33/ 318/. Next Statement Closing Date 11/1 2/201 9 @ays in Billing Cycle 31 J k J You must pay your promotional balance ot$1 .686A17 in full by 05/07/20 to av01d paying deferred interest charges. As part 0f our ongoing review 0t credit Hmits. we have decreased your credit limit due to your credit penormance. Hm 7 PLtASt St}: IMPUHIANI INrOHMAk ION 0N FAG}: 2, Page 1 018 This Account is Issusd by Citibank. N.A. BEST -5”‘ || || |||||| |||||H|||||||| ||||||| Payment Due Date November 7. 2019 Po 30x 02m New Balance $1,686.17 510M -AL.s 5.1 5/11 (-5234 Past Due Amount $0.00 Minimum Payment Due $28.00 Statement Enclosed A_ .- Please prim address changes on the reverse Side. Make Checks Payable tov BEST BUY CREDIT SERVICES KAREN ESQUIVEL RAMIREZ PO BOX 78009 1996 LOWN EY WAY PHOENIX; AZ 85062-8009 SAN JOSE, CA 95131-2532 DH‘IUD DUUEEUU Ulbfibl? UDUSUUD 05?31 U7l5 TUTELE Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cvde. We will not charge vou any interest on purchases if vou pay your New Baiance by the payment dug date each month. This is called a grace period on purchases. Tu get a grace period on purchases you mus: pay the New Balance by the payment due date every billing cycle. 3f you have a balance subiect to a deterred interest promotion and that promotion does not expire before the payment due date, that balance (an "exciuded balanced is excluded from the amount you must pay in fuil ta get a grace period on a purchase balance other than an excluded baiance. 1n additicn. if you have a reduced rate credit plan. that balance (an "excluded balance") is excluded from the amount you must pay in fut! to gel a grace period on a purchase balance other than an excluded balance. However, you must stilt pay any separately required payment on the excluded balance. In biHing cydes in which payments are aiioca‘zed to deferred interesl balances Hrst, the deferred interest baiance will be reduced before any other balance on the accouné However. you w'm continue to get a grace period on purchases: ether than an excluded balance, so long as you pay the New Balance {:ess any excluded balance. pius any separately required payment on an excluded balance) én fun by the payment due date each billing cycie. Deferred interest offers may also be tailed Same As Cash 0r No Interest. In addition, certain promotional offers not described above may also anew you ts:- have a grace period on purchases without having tc- pay a“ or a portéon c-f the promotmnal balance by the paymeni due date. If ”that is the case. the promotional offer win describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily baiance method (including current transactions) t0 calculate interest charges. To find out more informaiion about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on {he front. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance a: anv time However, "you must pay. by the payment due data at least the minimum payment due. When Your Payment Wilt Be Credited. If we raceive your payment in proper form at our processing facility by 5 pm. local time there, H. win be credited as of that day. A payment received there in proper form after that time wiH be credited as of the next day. Allow 5 to 7 days fsr payments bv' regular mail to reach us. There may be a delay of up :0 5 davS in crediting a payment we receive that is not in pmper form or is not sent to the correct address. The correct address for reguiar mail is the address on the front of the payment coupon. The correct address for express mail is shown in the Express Mai! section. Proper Form. Fur a payment sent bv man or courier to be in praper form, you must: - Enclose a valid check or money order. No cash‘ gift cards. or foreign currency piease. ‘ Include your name and the task four digits of your account number. Payment Other Than By Mail. - In‘Stora (Where Avallabie). Any payment in propér form accepted in-store will be Credited as 0f tha: day. Howéver. credit availabilit y may be Subject lo verification of funds. Not all stores accept payments. Contacr ysur iota! store to see ii in-smre payments are accepted at that iocakioni Online/AutoPav. Go to the URL on Page z of your statement to make a payment online. You can also enroll in Autopav and have your pavment amount automa-‘Jcaily aeducted each month from me payment account vou choose. Phone. Call the number on Page l o! your sxaiement to make a payment by phone. For phone pawnents‘ you authorize us to electmniceuw debit your specified bank. accwnt by an ACH transaction in the amount and on ihe date that yOu indicaie on the phone. You may cancel a phone paymém by calling us at the Customer Service number m the top 0f Page I within the time period disclosed to vcu on the Dhone. There- is no lee tor making a pavment using our automated voice response System. Aqent-Assisted Phone Payments. If you cal! us :0 make a aaymeni with the assistance 0t a live agent, me paymem will be applied me same day and you well be charged a $5.00 agent expedited pawnent fee. o . .w- -m - 9033-1001-0002- m 4th: 455/195394- L: 4w 13!- ‘xJ- - - 4:45-0- -YA'oB-v -.-'l.'*- - -o-:J-ML)- J -u- -95-;w-P-:-¥-0.Yeti-u- - Express Mail. Send payment by express man to: Consumer Payment Dem, 6716 Grade Lane, Building 9. Suite 910, Louisvme. KY 40213. ' Creditinq Payments other than by Mail. The payment cutoff time fc-r Online bill payments. Phone payments. and Express Mail payments is midnight Eastern time, This means tha! we win credit your account as of the raiandar day. based on Eastern time. that we receive vour payment request. lf you send an eligible check with this payment coupon. y0u authorize us to compiete your payment by electronic debit. If we do, the checking account wlll be debited in the amount on the check. We may do this as soon as the day we receive the check. Also. the check will be destroyed. Credit Reporfinq Disputes. We may report information about your account to credit bureaus; If you think we reported inaccurate intormation, p‘ease write us a1: Credit Bureau Dispute Verification, F&O‘ Box 6497, Sioux Falis. SD 57117. Report a Lost or Stolen Card Immediately. Ca“ me Account Inquiries number shown on Page 1. What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statemren'z, wr'ize to us at the address for biH'mq errors and customer service inquiries shown on Page 2 of vow sisternent. In your hatter, give us the fenowinq infermation: ‘L Accaunt infurrnation: ‘mur name and account number. 2. Dollar amount: The dollar amouni of the suspected error‘ 3‘ Description 0-! Prabéemi If you think there is an error on your bin, believe is wronq and why vou behave i! is a mistake. You must contact us wikhin 60 days after the ermr apeeared on your statement. You musl notify us of any potential errors in_vggigflg. Ycu may can us, but if you do we are not required to investigate any potential errors and yen may have to pay the am0unt in question. While we investigate whether or not {here has been an error, the foitowing are true: describe what you - W9 cannot try {o cunect 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 v0u interest on thai amount. But. if we determine that we made a mistake, you win not have to pay the arnoum in quesiion 0r any interest or other fees reiated to that amount. « While you do not have to pay the ameuni in question. you are responsible for the remainder of vom‘ balance. ' We can apply any unpaid amount against your :redit limit. Your quhts If You Are Dissatisfied With Your Credit Card Purchases. if you are dissatisfied wiih the goods or services that you have purchased with your credii card. and vou have tried in good faith to correct the probtem with the merchant. you may have the right not ’to pay the remaining amoun': due on the purshase. To use this right. alt of the following must be true: . The purchase must have beer- made in your home state or within IOO miies of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchaze was based on an advertisemeni 'we mailed m you, or if we own me comnany that sold you the goods or services.) You must have used vnnr cram: card for me purchase. Purchases made with Cash advances lrom an ATM er with a check {hat actesses "your cred}! card account do not quasify. 3. You must not yet have fully paid tar the purchase. If an of the critev‘éa above are mei and you are still dissuiisiied wiih the purchase. contact us in_mfiiflg at the address for taming errors and Custemer service inquiries shown on fiaqe 1 o! y0ur statement. L); While we investigate. {he same rules apply to the disputed amount as diswssed above. After we finSSh our irwestégatiom we will tell you our dec$sion. At that paint if we ihink you owe an amount and you do not pay. we may report you as delinquent. BBY PL NA AUG19 - - - 325 - U JH- 12(311'99- W'U‘lilé’ - 6 ‘ Septemaer 12| 2319 Page 2 of 8 Please provide change of address and updateladd your phone numbers‘here: (Use biue' or mack ink.) ’CeH; ’Home: 'Phone: By giving us a ceH number or a number iaier converied to a cell number, you agree that we or our service providers can contact you at that number by auiodiaier, recorded or artificial voice, 0! a text. Your phone pian charges may apply. EUTEfiE ACCOUnt: **** t*** **** 5731 xxxxxxxxxtzxzxxxxxxxxxxxxxxtttxxxxxxxxtzxxxixzzxxxxsxxxtnxxxxxaxxxxxxxxxxzzzxxxxxxxxxxxxxxxxxxxxxxnkattttxxxtxxytxxzxtxxtzgxxxxxxxttxzxxxxxztxxnxxtxxxxxzaxxxxxxzxxxxxxzttx You have asked us t0 automatically withdraw your monthly payments from your bank account ending in 1710. Your next payment of $2800 will b9 withdrawn from your bank account on 1 1/07/201 9. T0 cancel your enrollment 0r to Change or cancel the scheduled payment. you must contact us by S pm. ET 0n the Payment Date, except for debit card payments. For debit card payments, you musl contact us by 12 a.m. ET the day before the Payment Date to cancel your enrollment or to change or cancel the scheduled payment. If the balance due on your account is iess than the payment amount. we will withdraw the balance due on your account. ‘r'J‘. .fi fl ktktfiri’i h hkttfl'tffi i .' lkikirf'fi 9 hfi‘kfi‘flt‘w fifikrl’kkifi .fi .fikkwk'rfi'i .h hktkktf. . .‘Ik‘kl’fi’ir'w h 9 .5 hfi‘tt'l‘ h h kwkfl’t‘v. L. F*WWQTG ,6 ,i hktttrv‘! flkttttVifi hkwfi'tflfl L'k ktwt'fiw .irrktkk86 O pKI‘thVO P fifikwk‘rl'V Beginning in October. there will be a $5 expedited payment fee to make a same day payment with a customer service agent. T0 make a payment at any time with no fee, including a same day payment. you can use the automated voice response system or access your account online at bestbuy.accountonline.com. Please update your phone number. including cell phone number on the back of the payment coupon. Marketing otfers included in this statement are intended tor residents 0f lhe United States and its Territories TRANSACTIONS Trans Dale Description Reference l? Amount 09.!18 ONLINE PAYMENT DEEHFIELD IL PQIBwUBbEYBSZZBB S 80.00 101‘07 PAY-BY-PHONE PAYMENT DEERFIELD IL P9194008REYB1GNJN S 28.00- 1I)."11 ONLINE PAYMENT DEEHFIELD IL P9194DDBYEYBBTPAH S 50.00- FEES TOTAL FEES FOR THIS PERIOD 5 0.00 INTERESTCHARGED TOTAL INTEREST FOR THIS PERIOD S 0.00 Total Interest Charged in 2019 $0.00 ACTIVITY AND PROMOTIONS DETAIL Orlglnal Purchases, Promotion Promo Paymenm Cash Adv, Promotion Deferred Promotion Trans Trans Previous &0ther Fees& Interest New Minimum Interact Expiration Amount Date Balance Credim Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR NO INT WJ'PYMTS FOR 12 MOS 82,194.17 04-min $134417 5158.00- - - 51,6861? - $280.83 050712) TOTAL $1 ,844.1 7 51 58.00- $0.00 $0.00 S1 .686.1 7 $0.00 $280.83 INTEREST CHARGE CALCULAI’ON _ _ V Your A_n_nua| Percent Rate Is [he annual irnerest [ale on account, 3 .Vw ;,__ .1‘ J -'}'r~..l . 7r: -. w -. ' "v' ._ PURCHASES REGULAR 26.99% .00 NO INT We‘PYMTS FOR 12 MOS 26.99% - : Variable Hake PageSofS m uwy um \«W ,9 it. ng all th Get i m9 me bou ed to supportIcatd_edh nO , rOen0hO . ehtaVOI érsmemb .--n‘e matter where or when you home g. _:sthe;;In your. ort', aUPP home wa. 4 v-i. hisw 1n Y éamimore at‘ . y.A Page4of8 m flwH Dm PageSofB EUTEiE on select exercise equipment purchases $799 and up. Offer ends 2/2/20. ma Ea mm}: mm. 5mm m Haj: amid Yams {mi cmanm arm fasy Hawaii" mammamBedSam?mdmrmsilmmm um!)mum uaimis}. fa {ufiuufim fismgxfiiflafimm?mammaiwtfmzrm V Sis astwa [fl thufis Page B of 8 @3111 .:.u.. 'te‘ time O Iml SeSahCFlUD . 9 daUO . SkeeG a . H p m u w d m D d a m 9 V ,qu $ m m de D: Page7of8 mh o m ma ma B?BLDL} AA_0127 File No.1 21-46767 EXHIBIT C TUTEfiS Account Statement Send Notice of Billing Errors and Cusmmer Service Inquiries to: Customer Service: 323T BUY CREDIT SERVICES“ My Best Buy® bestbuy'acwumonline'wm ‘ O Box 790441 . St. Louis, MO 03179 . Account Inquiries: _ . .- Cl’edlt card 1-888-620-5879 f , , W F _ jSummagl of Account Actlwty Payment Information PreVIous Balance $1 937.66 New Balance $2,592.60 Payments . '$O‘OO Minimum Payment Due $467.00 Other cred'ts $000 Da ment Due Date June 7 2020 Purchases +$0.00 ' y ' Cash Advances +$0,00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$3gloo date listed above. you may have to pay alate fee up to $39. Interest Charged +$615.94 Minimum Payment Warning: lf you make only the minimum payment each New Babnce $2592.50 period, you will pay more in interest and it will take you longer to pay off your balance. For example: fast Due Amount $347004 dm- Credit Limit $0.00 W Only the minimum payment 12 ygars $5.791 Available Credit $0.00 $103 3 ears ‘ _ $3.723 Amount Over Credit Limit $792.60 y (5aV’”93=$2'068) ' Statement Closing Date 05/1 3/2020 II you would like information about credit counseling services! call 1-877-337-8188. Next Statement Closing Date 06/12/2020 @ays in Billing Cycle 31 J x J COVlD-19: You may experience longer than usual wait times if you contact our call centers so we want to remind you there are digital tools available to help you manage your account. Visit bestbuyaccountonline.com to manage your account digitally or to register for Account Online. From there you can check your balance and available credit. make a payment. review your statement, enroll for paperless statements and more. Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last clay of your billing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number 0n the back of the payment coupon. TRANSACTIONS Trans Dale Description Reference # Amount FEES 05/07 LATE FEE S 39.00 TOTAL FEES FOR THIS PERIOD s 39.00 8HN7 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page1 of 4 This Accoum is Issued by Citibank, N.A. + Please detach and return lower portion with your payment to insure proper credit. Retain upper ponion tor your records. 4v Your Account Number is- 5731 Payment Due Date June 7, 2020 Po Box 6204 New Balance $2,592.60 Sioux FALLS. SD 571 1 7-5204 Past Due AmountT $347.00 Minimum Payment Due $467.00 Statement Enclosed TPast Due Amount i5 included in the Minimum Paynent Due. Please print address changes on the reverse side. Make Checks Payable tov BEST BUY CREDIT SERVICES KAREN ESQUIVEL RAMIREZ PO BOX 78009 1996 LOWNEY WAY PHOENIX, AZ 85062-8009 SAN JOSE, CA 95131-2532 DH‘lDD UUHE?DD UESEIEEU DUDEBUU 05731 0?];‘4 '[D'IEdE Information About Your Account. How to Avoid Paving Interest on Purchases. Your payment due date i5 at least 25 davs after the close of each biHing cycle. We wit! not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases you must pay the New Balance bv the payment due date every bimng cycle. H you do not. you win not get a grace period until you pay the New Balance tor two billing cycles in a row. If you have a balance subject to a deferred interest promotion and that promotion dces not expire before the payment due date. that balance (an "excluded balance“) is excluded from the amount you must pay in full ‘ro get a grace period on a purchase balance other than an excluded balance. (n addition. if vou have a reduced rate credit plan. that balance (an "excluded baiance") is excluded lrom the amount you must pay in qu to get a grace period on a purchase baiance other than an exctuded baiance. However. you must sdll pay any separateiy required payment on the excluded baiance‘ m bimng cycles in which payments are auocated to deferred interest balances first, the deferred interest balance win be reduced before any other balance on ?:he account. However. yau win continue to get a grace period en purchases, other ihan an excluded balance, so (ong as you pav the New Balance (less any exciuded balance, plus any separately required payment on an excluded balance) in full t-y the payment due date each biliinq cyde. Deferred interest offers may aiso be catied Same As Cash or No Interest. in addition: certain promotional offers not described above may aiso aflow ysu to have a grace period on purchases without having to pay an or a portion of the promotionai baiance by the payment due date. [f tha't is the case, the promotional offer wiii describe what happens. How We Calculate Your Baiance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges, To find out more information about the balance computation method and how the resumng interest charges were determined, contact us at the Account Inquiries number on the front. Other Account and Payment Information. Payment Amount. Y'ou mav pay all or part of your account ba:ance at any time. However, you must pay, by the payment due date, at ieast the minimum payment due. When Your Payment Will 8e Credited. H wg receive your payment in proper form at our processing facility by S pm. local time there. it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day Allow S to? days for payments by reguiar mail to reach us. There may be a delay o! up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front 0f the payment coupon The correct address for express man i5 shown in the Express Mai! section. Proper Form. For a payment sent by mail 0r courier to be in proper form, you must: ° Enclose a valid check or money order. No cash, gift cards. or foreign currency please. - Include your name and the $55: four digits of your accoun: number. Payment Other Than By Mail. - ln-Store (Where AvaiIable). Any payment in proper form accepted in-store will be credited as of that dav‘ However, credit availability may be subject i0 verification of funds. Not 3H siores accept payments. Contest your local store 'tc» see if in-store payments are accemed at that location. ‘ Online/AutoPav. Go to the URL 0n Page 1 of your statement lo make a payment online. You can a’so enroll 'm AutoPav and have your payment amount automaticaily deducted each month from the payment account you choose. - Phone. Can the number on Page 1 of your statement to make a payment by phone. For phone paymenis, you authorize us to exectronicany debit your specflied- bank account by an ACH transaction in the amount and on the date that you indicate on the phone. You may cance! a phone pavmem by calling us at the Customer Service number at the top of Page i within the time period disciosed to you on the phone. There is no fee for making a payment using our automated mite response system. - Aqant-Assisted Phone Payments. If you call us to make a payment with the assistance 0t a live agent, the payment win be appfied the same day and you win be charged a $5.09 agent expedited payment 1-39. IN- :-IN - 90387001 0-302 - N1 -/B/- 4657198394 - C -.iC/- E - 0 - X - 95 -/Di- P - E - Y - 0 - N 4E!- 7 - 16/.N. - - .IHr-o» -YA53.v .m. . .0-0- . 4J1. ~ Express Mail. Semi payment by express mail to: Consumer Payment Dept. 6716 Grade Lane. Building 9. Suite 910. Louisviile. KY 40213. - Creditinq Payments other than by Mail. The payment cutoff time for Oniine bill payments. Phone payments. and Express Mail payments 15 midnighé Eastern time. This means that we win credit your account as of the calendar day. based on Eastern time. that we receive your payment request. (f you send an ellqibie check wlth this payment coupon, you authorize us to complete your payment by electronic debit. If we do. the checking account wm be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification, PD. Box 6497, Sioux Falls, SD 57137. Report a Lost or Stolen Card Immediately. Cali the Account mquiries number shown on Page 1. 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 the address for bm‘mq errors and customer service inquiries shown on Page ‘x of your statement. in your letter. give us the foliowing information: ‘.. Account information: Your name and accouni: number 2. Dollar amount: The dollar amount cf the suspected ermr. 3. Description of Probiem: It you think there is an error on your bin, describe what yo: 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 m:njing. YOU may call us. but if y0u do we ere not required to investigate any potential errors and you may have to pay the amount 1n question. While we investigate whether or no: there has been an error. the following are true: - We cannot try to coHect 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 ifiterest on “chat ernOunt. But, if we determine that we made a mistake. you win not have éo pay the amount 3n question or any interest or other fees related to that amount. - While you do not have t0 pay the amount in question, you are responsible for the remainder of yeur balance. ' We can appiy any unpaid aminunt against your credit Simit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. lf you are dissatisfied Min the goods or services that you have purchased with your credit card, and you ’nave tried in good faith to correct the problem with the merchant. you may have the right no'z to pay ihe remaining amount due on the purchase. T0 use {his right, 5H of the foélowing must be true: 'n. The purchase must have been made in your home state or within 100 mités of your Current meiiing address. and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mafied ‘ro you, or if we own the company that said you the goods or services.) 2. 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. 3. You must not yet have fuilv paid for the purchase if ali of the criteria above are me: and you are still dissatisfied with the purchase, contact us illwriting a: the address for Dining errors and customer service inquiries shown on Page 1 of your statement. While we investigate, ihe same ruies apply to the disputed amount as discussed above. After we finish our investigation. we win ten you our decision. At that point. if we think vou owe an amount and you do not pay. we may report you as definquent BBY PL NA FE820 - N - > O - O -/'F/'- 01/14/20 > 04/01/19 - 13 - April 12. 2020 Page 2 of 4 Please provide change of address and update/add your phone numbers‘here: (Use blue or black ink.) ‘Cell: 'Home: 'Phone: 8y giving us a cetl number or a number later convened to a cell number. you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text‘ Your phone plan charges may apply. EDTEdS Account: m” m” **” 5731 IRANSACHONS (com) Trans Dale Description Reference # Amount INTEREST CHARGED 05,13 INTEREST CHARGE ON PURCHASES s 615 94 TOTAL INTEREST FOR THIS PERIOD s 515.94 ,n Ar; . 2 V .1. : r, . m Total Fees Charged m 2020 $1 97.00 Total Interest Charged in 2020 $625.43 ACTIVITY AND PROMOTIONS DETAIL Original Purchasw, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Peas & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Pjyment Due Charges Date PURCHASES REGULAR - r $223 49 $39.00 $5.03 5257 32 No INI' W/PYMI s FOR 12 MOS 52‘1 94 17 042mg s1 714.17 $610 91 52,325 08 r $561 .62 exp‘doslmm TOTAL $1337.66 $0.00 $39.00 $61594 52,592.60 $0.00 5561.62 PURCHASES REGULAR 25.24% (MW) $234 s4 $5 03 No INT WIPYMTS FOR 12 MOS 25.24%;MXV) $2299 54 $610.91 (V) ; Vaflable Rate Page3of4 vh o v mm mm 5731.02
