Complaint Limited Up to 10KCal. Super. - 6th Dist.May 4, 2021E-FILED 5/4/2021 7:45 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381376 Reviewed By: R. Guillermo 21CV381376 JACK H. POGOSIAN, State Bar No.1 305741 MANASI TAHILIANI, State Bar No.2 272821 1 CHRISTINA ARNOLD, State Bar No.2 297590 2 HYO JIN JULIA JUNG, State Bar N0.: 3 1 6090 MELINE GRIGORYAN, State Bar N0.: 321 133 3 MICHAEL D. KAHN, State Bar N0.: 236898 , State Bar N0.: 4 CAMRYN P. BERK, State Bar N0.: 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 I Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated l3 MARK S OVERSON; PRAYER AMT: $6,845.98 l4 and DOES 1 through 10, inclusive LIMITED Defendant. v __ “r 13 MIDLAND CREDIT MANAGEMENT, INC. (“Plaintiff"), by counsel. sues MARK S ()VERSON, [“‘Del'wclnnfl l6 under Account Slated and in support thereof states: 17 l. Plaintiff is authorized to do business in CALIFORNIA, with its principal place 0f bminess at. 350 18 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff owns portfolios of consumer receivables, which it attempts t0 collect. Plaintiff strives t0 treat its consumers, such as 19 Defendant, with respect. compassion and integrity, hoping t0 provide mutuaIIy-beneficial 20 opportunities for consumers t0 repay their debts and attain financial recovery. 2’1 2. Defendant is a resident 0f SANTA CLARA County, State 0f California and is subject t0 this 22 Court’sjurisdiction, 3. Plaintiff is unaware 0f the true names and capacities 0f Defendants sued by the fictitious names 23 DOES 1 through 10. Plaintiff will ask leave 0f court t0 amend this complaint as and when the 24 true names and capacities of Defendants named herein as DOES l through l0 have been 25 ascertained. 26 Pursuant t0 California Civil Code (“CA CIVIL”) §1788‘58(a)(1)-(9), Plaintiff alleges: 4, Plaintiff is a debt buyer as defined by CA CIVIL §1788.50(a). 27 28 .1_ COMPLAINT CA_0132G File N0.: 20-60436 l\) 15 9. 10. 13. Defendant established a credit account (the “Account”) with CAPITAL ONE BANK (USA), N.A.. The amount due is the result 0f transactions that occurred 0n the Account. Defendant was provided statements evidéncing Defendant’s use 0f the Account and the balance due. Defendant failed t0 make the required payments and subsequently defaulted 0n the Account 0n January 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 Bill 0f Sale from CAPITAL ONE BANK (USA), N.A., to Plaintiff. The Account was purchased by Plaintiff 0n July 30, 2019. The Account balance at the time 0f Charge-Off was $6,845.98. Plaintiff alleges that the date 0f default is January 08, 2019 and the. date 0f the last payment was October 24, 2018. The name 0f the charge-off creditor at the time 0f Charge-off is CAPITAL ONE BANK (USA), N.A.. The address utilized by CAPITAL ONE BANK (USA), NA. at the time 0f Charge-off was 1680 CAPITAL ONE DRIVE MCLEANNA 22101. At the time. 0f Charge off, the account number associated with the debt was XXXXXXXX-XX-8353. The name 0f the debtor as it appeared in the records 0f CAPITAL ONE BANK (USA), NA. is MARK S S OVERSON and the last known address as it tEIppeared in the records 0f CAPITAL ONE BANK (USA), NA. is 4705 BLUEBERRY CT SE LACEY WA 985035980. 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 Plaintiff has complied with the provisions 0f CA CIVIL §1788.52. Plaintiff informed Defendant 0f the assignment 0f the Account. Pursuant t0 CA CIVIL §1788.58(b), attached as Exhibit B 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 CA CIVIL §1788.52(b). Attached as Exhibit C 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 0f Charge-Off. 7 CA70132G File No.2 20-60436 COMPLAINT K) l7. 18. 21 19. 20. 217. CA#0132G File NO.: 20-60436 Plaintiff acquired all right, title, and interest t0 the Account. T0 the extent that Plaintiff acts in its capacity as successor-in-interest t0 the original creditor 0r its assigns, references herein to Plaintiff may include Plaintiff’s predecessor-in-interest. Plaintiff has attempted t0 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 Obligatiens. 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 commencsment 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). FIRST CAUSE OF ACTION ACCOUNT STATED Plaintiff realleges and incorporates by reference the foregoing paragraphs. An account was stated in writing between Defendant and CAPITAL ONE BANK (USA), N.A.. Defendant Opened and derived benefit from the Account. By using the Account, Defendant expressly 0r impliedly promised t0 repay CAPITAL ONE BANK (USA), N.A.. Within the last. four years, Defendant became indebted 0n the Account. On the Account, a balance 0f $6,845.98 was stated t0 be due t0 CAPITAL ONE BANK (USA), N.A. from Defendant. Plaintiff has n0 record 0f Defendant objecting to the. balance due. Before the commencement 0f this action, Plaintiff was assigned the Account and indebtedness. Plaintiff is now the sole owner 0f the Account. Plaintiff has made a demand 0n Defendant for repayment 0f the Account, but Defendant has failed t0 pay the balance due. The current balance presently due and owing is $6,845.98 which includes payments, set- offs, credits 0r allowances, if any, at 0r after charga-off. -3- COMPLAINT 1 2 WHEREFORE, Plaintiff requests judgment against Defendant for $6,845.98, costs of this action 3 and post judgment interest at the statutory rate. Plaintiff waives any claim for pre- judgment interest and attorney's fees. 4 5 6 7 q/u/U e _ Dated: MIDLAND CREDIT MANAGEMENT, INC. 8 By: ‘0 D JACK H. POGOSIAN 1 l D MANASI TAHILIANI D HYO JIN JULIA JUNG 12 D MELINE GRIGORYAN D CHRISTINA ARNOLD 13 E MICHAEL D. KAHN 14 EQMRYN P. BERK 15 16 l7 18 19 20 2'1 22 23 24 25 26 27 28 -4- COMPLAINT CA_0132G File N0.: 20-60436 EXHIBIT A AA_01 25 File No.1 20-60436 Forward Flow Receivabfie Saae Agreement dated November 15, 2018 BILL 0F SALE Clasing Date: July 30, 2019 Capital One Bank (USA): National Association (“Seller”), in censidcration 0f a Purchase Price 0f_ and other valuable consideration: the receipt 0f which is hereby acknowledged: hereby selis, assigns and transfers all right; title and imerest in the Acceunts identified in the Safe File entified “OMEGA.BNOO76SALES.PRODHEASTBFRLLEEO 1 90723dZBNOOMmc-ustomerdat OMEGABNOOM .SALES .PROD-EASTBFRLLE2O l 90723_BNOO76_main.dat OMEGABNOO’76.SALESPROD-EASTBFRLLEZOI9O723wBNOD76_ph0nE.dat” (which may be in electronic form) t0 Midland Credit Management, [nc., as successor in interest to, Midland Funding LLC (“Buyer”), witheut recourse 0r representation except as expressly provided herein 0r on the terms, and subject t0 the conditions, set farth in the Agreement (as {Esfined beiow) This Iii“ Oi R 3C i3 dc} nuui puma}? m $111!, Vat: a F0m 11d Fit u-‘w :0:de ibie \ue Agx'eemcz ,d :cd 1:3 0f N-nunhu 15 ‘30] 8 2: E:- and bat um 3611;}. and Buys:"(the mm en: "). A11 capitalizeéi texms used, but not defined, 1n this Bill 0f Sale Shall have the meanings assigned t0 such terms in the Agreement. The Cutafl Daie fm tht: Sale File was filly 25 2019. The aggregate Unpaid Balance offlle Accounts as of the Cutoff Date was A .7 ‘ -' ' CAPETAL ONE BANK (MSA), MIBLAM) 613%:an M NA'EEQEAL “-‘OCIATmN . .. \ c Name sank (cg;M L(Name ' * ' line.QP @cwngsq Dewbpnfiw Forward Flow Receivable Sale Agreement dated November 15, 2018 AFFIDAVIT OF SALE OF ACCOUNT BY CREDITOR State ofVirginia, County 01f Gauchlandi James R. Lane being, duly swam, destcs and says: I am over 18 and not a party t0 this action. I am a Vice President OfCapital One Bank (USA), National ASSOCia‘tion. In that position I am awaits 0f the process Ofthc sale and assfignment 0f electronically stered business records. On 0r about July 25 2019, Capital One Bank (USA), National Assocéafion SOEd a p001 0f charged-fo accounts: (the Accoums} by a Forward Flow Receivable Sale Agz‘samam and a Bill of Sale l0 N'Iidland Credit i‘vizmagcmem l’ncw as successor in intaregt £0, Nfidiand Funding LLC. \<; pan Qf‘thc 5211c Ofthtfi :‘\,ccounts, cleanin‘lic wands 3nd other rcccmjg were. transferred (m indxfidual Acmunts Lo the dab: buyer. These records wage. lisp: £11 thc‘: ordinary course of business ofCapital. One Bank (USA), Naticmal Associatian. I am not aware 0f any errors in these accounts. The above statements are true to the best 0f my knewledge, Signed this Z r day 0f 2019. ‘ e: .. ans me ’.esident SUBSCRIBED and swam, t0 before me, the undersigned Notary Public. in the jurisdicfion aforesaid, by James R. Lane, who is personally known t0 me and who ackmwledged before me his signature. to the foregoing Affidavit. GIVEN under my hand and ssal thls S day of AVQW L 2 2019. William Weston Paige WlLLIQAOATmE’SPLOBECPAIGE Notary Public REG; #7796955 COMMONWEALTH OF VIRGMIA wpommssmu Exmnes om: 31, 20227" Forward Flow Receivable Sale Agreement dated November 15., 2018 CERTIFICATE OF CONFORMITY CERTIFICATE 0F CONFORMITY MADE PURSUANT TO CPLR 2309(c) and RPL 299-3 I, an attorney-a£-Iaw admitted t0 practice in the Commonwealth 0f Virginia, do hereby certify that William Weston Paige, is a notary public in and for The Cowmnnweaith of Virginia. i1: thejuriszdiction afm‘emantioncd 3nd the zmkl‘maficdgmem upon affidavits for Capitai One Bank (LEA) National Aisnciazmn arc taken in the manner prescribed T23}: lhc laws oi' 1‘2”}: Commonwealth 01' Virginia and conforms :0 the ans thereof in all respects. 1N wrrNEss WHEREOF,xhavehereuntosetmy signaturems 3*!" day of i9 Li r 3v 77M? 2039‘ [A Av L 5 > ‘ m} ‘ (ng f“; . tinted Name gig W C: {fwa- / Signed Name Attorney at Law, Cammonwealth 0f Virginia Forward Flow Receivable Sale Agreement dated November 15, 2018 AFFIDAVIT 0F SALE 0F ACCOUNT BY CREDITOR State 0f Virginia? County 0f Goochlandi James R. Lane being duly swarm deposes and says: T am over '2 8 and not a party to this action. I am a Vice President Qf‘Capital One Bank (USA)? National Association. In that position I am aware. of the process 0f the sale 21nd assignment 0f electronically stored business records. On 0r about July '25, 2019; Capital One Bank (USAL National Asscciation sold a pm} 0f charged-off’accounts (the g'chounm by a Forward How Receivable Sale Agresmem and a Bill 0f Sale. 10 Midland Credit Management, ma, as successor in interest (.0: :N-iiidlzmd Funding LLC. As pan ofthc 5211c m” the ?\cuimniss: shacmmic records and other t'ccoyds were lmnsfl:ncd (m indwiduai Accmums £0 the. debt buycr. "l”hesa records were kept £11 the ordinary course of business of Capital One Bank (USA), Naticnai Assaciatian. T am not aware Of any errms in these accounts. The above sia‘tenmnts are: true t0 the best 0F my knowledga. Signedthis g 7 day 0f r 7V, ,2019. «i '. ane V16 '; esident SUBSCRIBED and sworn t0 before me, the undersigned Notary Public in the jurisdiction aforesaid, by James R. Lane, who is personally known t0 me- and Who aclmowledged before me his signature t0 the foregcing Affidavit. GIVEN under my hand and seal thls m S777777 day 0f A59“! L n, 2019. UM Wawfi William Weston Paige * WILLIQngESPchuCP/MGE ' Notary Pubhc REG. #7795956 COMMONWEALTH OF VIRGSNM MY COMMESIQN EXPIRES OCT, 31, 2022 Famard Flaw Receivable Sale Agreement dated November 15, 2318 CERTIFICATE OF CONFORMITY CERTIFICATE 012: CONFORMITY MADE PURSEANT T0 CPLH 2309(c) and RPL 299-3 L 2m attamey-at-an admitted t0 practice in the Conunonwealth Qf Virginia do hereby cenify that William Wesmn Paige! is a notary pubiie in and far the Cnimnonwealth 0f Virginia in the. juz'ii‘ediction afbremsmioned anaé €th acimawicdgmeni upon, affidaviig for Capitai Om: Bank (USA; ?‘émignai Assucienéen are. taken in {ht manger prescribed by {he kmfs {‘_}f"t‘nc Cgmz‘nanweaith 0f Vir Iinia and ccnfizrrns t0 the laWS thereaf in all res Eatsé A E IN WITNESS WHEREQF, I have hereunfig set my Signature, this 3 4’ day 01" 3;} wag}? ,2019. 1.! fur?" 5A3rm‘ i g {E Ex g} » 3; ,v j a 3-2;; L5 6“” g fljjai§k f3 Printed Name 3f “I g’ Ex ,f' , j ; 7 7 / Signed Name Attemey at Law, Calmonwealth Gf‘v’irginia Field Field Data Account Number -353 Seller Account ID -2206 First Name MARK Middle Name S Last Name OVERSON SSN XXX-XX-1801 Date of Birth _ Address 1 4705 BLUEBERRY CT SE City LACEY State WA Zip 985035980 Home Phone 3608673863 Open Date 08/02/2015 Last Purchase Date 12/13/2018 Last Purchase Amount $1 .40 Last Payment Date 10/24/201 8 Last Payment Amount $166.00 Charge Off Date 06/1 3/201 9 Charge off Balance $6,845.98 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments $0.00 Post Charge off Credits $0.00 Account information provided by Capital One Bank (USA), N.A. pursuant to the Bill of SaIe/Assignment 0f Accounts transferred on or about 07/30/201 9 in connection with the sale of accounts from Capital One Bank (USA), N.A. to Midland Credit Management, Inc. EASTBFRLLE20190723_BNOO76_main ; EASTBFRLLEZW90723_BNOO76_CUStomer ; EASTBFRLLE20190723_BN0076_phone BFRLLE20190723 EXHIBIT B AA_0126 File No.2 20-60436 Payment Due Date Dec. O9, 2018 For online and phone payments, the deadline is 8pm ET. Page l of 2 Visa Signature Account Ending in 8353 Oct. 13, 2018; Nov. 12, 2018 i 31 days in Billing Cycle New Baiance Minimum Payment Due $5,420.88 $166.00 LATE PAYMENT WARNING; If we d0 not receive your minimum payment by your due date, you may have to pay a late fee of up to $38.00 MINIMUM PAYMENT WARNING: If you make omy the minimum payment each period. you will pay more in interest and it will take you Ionger to pay off your balance, For example: Minimum Payment 21 Years $15,629 $215 3 Years $7 723 Estimated savings if balance is paid off m about 3 years: $7, 906 1f «0U would [i’n‘e infnrm;"sh'c-n album crc iél t caJr eling sen ice: :aH 17888-3238! 5’3. Erevious Balance $5,552 48 Payments - 1332-271 Other Credits w $0.00 Transactions + $87.68 gash Advirjces + $0.00 Fees Charged + $0.00 interest Charged + $1 12.72 New Balance = $5,420.88 Credit Limit $6,000.00 AvailabIe Credit (as 0f Nov. 12, 2018) $579.12 Cash Advance Credit Limit $350000 Available Credit for Cash Advances $579.12 “‘lmportafit Notice“ We are unabfe to provide your Rewards Summary an this month‘s statement. To- review your current Rewards balance or for additionai Rewamfis afermat-ion ?iease ~ = -v a Account Notifications F“ \b.‘ Weicome to yaur account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobiEe app or at 2:: Please send us this portion 0f your statement and only one check (0r one money order) t0 ensure Hour fiayment is processed promptly. Allow at least seven business days for delivery. 135332§§§E§E§O§1C Payment Due Date: Dec. 09, 201B ACCCUI t Ending in 8353 Customer Service: 1-800-955-7070 See reverse for Important Information Tmms?0r usmg Ne v Be lance $5,420.88 MARK S OVERSON Minimum Payment Due $166.00 H705 BLUEBERRY CT SE LACEY: wA 38503-5380 ‘I'Whl'i'qHIII'Il'II'I'JII'uII'h‘I"'-"""”:"mHh Eess papaya [3:31 Ufiws Amount Enclosed $ Capital One P-O. Box LUSH? City of Industryw CA fil?Lb-USHH s"l'I'”HI'III'2':I'IHI'mm"WI'IHnl”wh"'|'l'|:|l ’I 8353 12 5420880166000166006 How can lAvoid Paying interest Charges? If you pay your statement‘s New Balance in full by the due date, we will not charge you interest on any new transactions that post to the purchase segment. If you have been paying your account in full with no Interest Charges, but then you do not pay your next New Balance in ful!, we will charge interest on the portion of the baiance that you did not pay. For Cash Advances and Speciai Transfers, we will start charging Interest on the transaction date. Certain promotional offers may aliow you to pay less than the total New Balance and avoid paying interest Charges on new purchases. Please refer to the front 0f your statement for additional information. How is the Interest Cha_rge__gpplied? Interest Charges accrue from the date 0f the transaction 0r the first day of the Billing Cycle. Interest Charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest Charges even if you pay the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle, Unpaid Interest Charges are added to the corresponding segment of your account, Do you assess a Minimum Interest Chaigel We may assess a minimum interest Charge of $0.50 for each BiHing Cyde if your account is subject to an Interest Charge. How do you Calculate the Interest Cha_rg§2_ We use a method called Average Daity Balance {including new transactions)» ‘Firs‘, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day’s balance. Then we subtract any payments and credits for that segment as of that day‘ The result is the daily balance for each segment. Hawever, if your previous statement baiance was zero or a credit amount, new transactions which post to your purchase segment are not added to {he daily balance. _ Next, for each segment. we add the daily balances together and divide the sum by the number 0f days in the BiHing Cycfev The result is the Average Daily Baiance for each segmenz. .At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment; and then we multiply the result by the number of days in the Bming Cycle. We add the Interest Charges for all segments together. The result i5 your iota! Interest Charge for the Billing Cycle The Average Daily Balance is referred to as the Balance Subjeci to Interest Rate in the mierest Charge Caiculaiion section of this Staiement. NOTE: Due £0 rounding 0.! a minimum interest Charge. this caiculaiion may vary slightly from the Interest Charge actualiy‘ assessed. How can my Variable APR chanqe? Your APRS may increase or decrease based on one of the foriowmg mdices {repor‘ied in The Wall S'rreef Jamaal }. The ietter code beiow carresponds with the iefim next $0 your APRS in the Interest Charge Calculaiion seciion of this statement. .4 N o.) Code next to How do we calculate your i When your APR(s) will change vour APRfs} APR(s)? Index + margin E P Prime Rate + margin The first day ofthe Bitling Cycles that L 3 month LIBOR + margin end in Jan,‘ April, July, and Oct. D Prime Rate + margin The first day 0f each Biiling Cycle. F 1 month LiBOR + margin How can l Avoid Membershig Fees? If a Renewal Notice is printed 0n this statement, you may avoid paying an annual membErship Fee by contacting Customer Service no later than 45 days after the iast day in the Billing Cycle covered by this statement t0 request that we close your account. To avoéd paying a monthly membership Fee, dose your account and we wiH stop assessing your monthly membership Fee. How can I Close My Account? You can contact Customer Service anytime to request that we close your account‘ Chanqing Mailinq Address? You can change your address by signing into your account online or calling Customer Service 001 How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic paymeni that win be debited from your bank account 0r other reiated account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other efectronic transfer from your bank account, We ma‘y‘ atso process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do vou Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR). and then t0 balances with higher APRs. We apply any part of yourpayment exceeding your Minimum Payment to the balance with the highest APR, and then to baiances with tower APRs. BiHing Rights Summary (Does not Apply to SmaJ! Business Accounts) 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 84130-0285 1n your ietier, give us the following information: u Account information: Your name and account number, - Dotlar amount; The doltar amount of the suspected error. o Description of Problem: If you think there is an error on your bill! describe what you believe is wrong and why you beiieve i1 is a mistake, You must contact us within 60 days after the error appeared on your statement. You must noiify us of any potential errors in writing. You may call us or notify us electronically. but if you do we are not required t0 investigate any potentia! errors and you may have t0 pay the amount in question. We will notify you in writing within 30 days of our receipt of your ietter. While we investigate whether or not there has been an error. the foliowing are true: o We cannot try to coiled the amount in question, or report you as delinquent 0n that amount. The Charge in question may remain on your statement. and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you witl not have t0 pay the amount in question 0r any interest 0r other fees related t0 that amount, o WhHe you do not have to pay the amount in question until we send you a notice about the outcome 0f our investigation, you are responsible for the remainder 0f your balance. o We can apply any unpaid amount against your credit :émia Within 90 days of our receipt o? your \etter, we Wm sens? you a writien notice explaining Either that we corrected the error {t0 appear an year next statement} or the reasws we beéieve the bi}: Es correct. Your Rights If You Are Dissatisfied With Your Purchase: If yam are dissazisfied \W the goods er serwces that you have purchased with your credit cafd. and yau have iried in good faith to correct the problem with the merchant. you may have the right not to pay the remaining amount due on the purchase. To use this right, the foliowing 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 quaiéfy; and 2) You must not yet have fully paid for [he purchase. If all of the criteria above are met and you are SUN dissatisfied with the purchase, contact us in writéng at: Capital One: P‘O, Box 30285. Salt Lake City, UT 84130-0285. While we investigate! the same rules apply t0 the disputed amount as discussed above. After we finish our inveszigation, we wiH tell you our decision At that point, if we think you owe an amount and you d0 not pay we may report you as delinquent ETC-08 © 2016 Capitai One. Capital One is a federally registered service mark 11/011’16 How do I 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. Calfing the telephone number Hsted on the from of this statement and providing the required payment information; 4, Sending maiE payments to the address 0n the front of this statement with the payment coupon or your account information. When will vou Credit Mv Payment? n For mobile, online or over the phone: as 0f the business day we receive it, as long as it is made by 8 pm. ET. a For mail! as of the business day we receive 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 altow a! feast seven (7) business days for maé! dehvery, Maiied payments received by us at any other location or payments in any other form may not be credited as 0f the day we receive them. Page 2 of 2 Visa Signature Account Ending in 8353 Oct. 13. 2018 - Nov. 12, 2018i 31 days in Billing Cycle fl r..__. .. -«W Your Annual Percentage Rate (APR) is the annual interest {ate on your account. MARK s GVERSON #8353: Payments, Credits and Adjustments TYPE 0‘ Annua' Pmemage 33‘3"“ SUNS“ ”“9”“ Charge Balance Rate(APR) to Interest Rate Date Descripm" Amm’m Purchases 7 24.65% P $538463 $1 12.72 Oct 16 ESPOIZf‘L ONE ONLiNE PYMTAuthDate r 35366373 Cash Advances 26.65% P $0.00 $0.00 OCt 24 ELECTRONIC PAYMENT ' 515500 P.L,D.F = Variable Rate. See reverse of page 1 for details. MARK S GVERSUN #8353: Transactions Date Description Amount Oct 18 APU‘ 4TUNES.COM/BILL866~712-7753CA $14.15 Oct 26 APU’ ITUNES‘COM/BILL866-712~7753CA $1.4G Oct 29 APL*lTUNESCOM/BILLSOO-275-2273CA $999 Oct 29 APU- lTUNESCOM/BILL866-712-7753CA $2.81 Oct 31 AMZN Mktp $1995 US*fv1873Y9P31Amzn.com/bi|lWA Nov 3 Delta Car WéshOLYMPIAWA fl 7 r $10.00 Nov a mfiiNFg-flw' ' " $13.05 U S MBdOl 1H FZAmzn .QQmJbi IIWA Nov 3,1 Amazon.c«m T‘v‘1846UBSCZOA(Twzn,com/‘btiivm $16.32 MARK S OVERSON #8353: Total $87.68 Toial Transactions far This Period $87.68 Date Description Amount Total Fees for This Perms} $0.00 Interest Charge on Purchases $1 12.72 Interest Charge on Cash Advances $0.00 Interest Charge 0n Other Bafances $0.00 Total Interest for This Period $1 12.72 Total Fees charged $59.00 Total Interest charged $1 224.60 EXHIBIT C AA_01‘27 File No.2 20-60436 W Page 1 of 3 gaggfggggg” Visa Signature Account Ending in 8353 ,f ~ May 13, 20195Jun. 12, 2019 31 days m Bimng Cycie Payment Due Date For online and phone payments, Previous Balance $6,701.36 PAST DU E the deadline is 8pm ETA " ’ ’ ' """""""" Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $6,84598 $6,845.98 Transactions + $0.00 IMPORTANT ACCOUNT UPDATES; Gas“ Advances, , .. + $000 Your fufl 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 + $144 62 you've entered into a separate payment agreement. ' New Balance = $6,845.98 Available Credit (as 0f JurL 12, 2019) WA Account Notifications (E) Welcome to your accowt notifications. Check back here each month for important updates ab0ut yOur account. Pay or manage your account on our mobiie app 0r at ~ mm, Customer Service: 18002588319 See reverse for Important information ~J‘ 7 ?%E? Please send us this portion G? your statement and only one check (0r one money order) to gagéfiagljyzg ensure your payment Es processed promptly. Allow at least seven business days for delivery. ' 403335 Payment Due Date: Past Due Account Ending in 8353 New Balance Minimum Payment Due Amount Enclosed $6,845.98 $6,845.98 $ MARK S OVERSON H7D5 BLUEBERRY CT SE LACEY: MA 36503~5380 Capital One P-O. B EUSqq IIIIIIIIIIIIIHI‘HHIEHII‘IIiII””IIIIHIHIHIillIhIHHHII City nglndustPSH CA ql7lb-DSqq II'I'IMIIIHH‘1'1I'1III'mIII""'l"IHII|”II'|I"*|'I'|III ’l 8353 12 6845980166006845988 How can {Avoid Pavinq Interest Charg_e_s;?_ If you pay your statement's New Baiance in full by the due date, we will not charge you interest on any new transactions that post to the purchase segment. If you have been paying your account in full with no interest Charges, but then you do not pay your next New Balance in full, we will charge interest on the portion 0f the balance that you did not pay. For Cash Advances and Special Transfers. we will start charging Interest on the transaction date, Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your statement for additional information, How is the Interest Charge applied? Interest Charges accrue from the date of the transaction or the first day of the BiHing 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 Bafance for one Billing Cycie, but did not do so the previous Billing Cycle. Unpaid interest Charges are added to the corresponding segment 0f your account. _D_g_you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of $0.50 for each BiHing Cycle if your account is subject t0 an Interest Charge. How do you Calculate the Interest Chargfi We use a method called Average Daily 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 0n the previous day's balance Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment, However! if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment are not added to the daily balance. Next, for each segment‘ we add the daily baiances together and divide the sum by the number of days in the Bifiing Cycle. The result is the Average Daily Balance for each segment. At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daiiy periodic rate (APR divided by 365) for that segment, and then we mumply the result by the number of days in the Billing Cycle. We add the Interest Charges for ail segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Baiance is referred to as the Bafance Subject t0 interest Rate in the inserest Charge Caiculaiion section of this Statement. NOTE: Due 2-3 rounding or a minimum Interest Charge. this caiculation may vary slightly from the imerest Charge actually assessed How can mv Variable APR chanqe? Your APRs may érmease or decrease based on one of the foléowéng indices (reporéed in The Wa/I' Street Journal z)‘ The letter code beéow corresgnonds wath the iefier next o your APRS in the interest Charge Calculation seciion cf this siatement. .a N 90 Code next to How do we calculate your When your APR(s) will change vour APR(s) APR(s)? Index + marqin P Prime Rate + margin The first day 0fthe Bitling Cycles that L 3 month LIBOR + margin end in Jan“ April: July. and Oct‘ D Prime Rate + margin The first day of each Biliing Cycle. F 1 month LIBOR + margin How can l Avoid Membership Fees? if a Renewal Notice is printed 0n this statement, you may avoid paying an annual membership Fee by contacting Customer Service no later than 45 days after the last day in the Billing Cycle covered by this statement to request that we close your account. To avoid paying a monthly membership Feei dose your account and we will stop assessing your monthly membership Fee. How can i Close My Account? You can contact Customer Service anytime Io request that we close your account Chanqinq Mailinq Address? You can change your address by signing into your account omine or calling Customer Service. Pay online at www.capitalone.c0m Pay using our mobile app 001 How do vou Process Payments? When you make a payment, you authorize us to initiate an ACH or eiectronic payment that wiH be debited from your bank account or other related account. When you provide a check 0r check information to make a payment: you authorize us to use information from the check {o make a one-time ACH or other eiectronic transfer from your bank account We may atso process it as a check transacfion. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do vou Applv Mv Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR {including 0% APR), and then to balances with higher APRs. We apply any par: of yourpayment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with lower APRs, Billing Rights Summary (Does not Apply to Small Business Accounts) What To Do If You Think You Find A Mistake On Your Statement ; If you think there is an error on yow statement, write to us at: Capitat One P‘OV Box 30285 Sait Lake City: UT 84130-0285. In your iet’ter, give us the following information: o Account information: Your name and account number‘ - Dollar amount: The doilar amount of the suspected error, v Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after (he error appeared on your statement. You must notify us of any potentia| errors in writing. You may call us or notify us eiectronicaily: but if you do we are not required to investigate any potential errors and you may have to pay the amount in question We wilt notify you in writing within 3O days of our receipt of your letter. WhiIe we investigate whether or not there has been an error. the following are true: n We cannot try t0 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 t0 charge you interest on that amount. But: if we determine that we made a mistake you will not have to pay the amount in question or any interest or other fees related to that amount. . While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation you are responsible for the remainder of your balance. t V‘i’e can appéy any unpaid amount agaénst your credit éimif. Within 90 days Of 02:: receipt 0f 3,309: létter WE will send you a wrinen notice explaining either éhai cormcted the errm {th appear an your next statement} 0r the reasons we beiieve the is correct. Your Rights If You Are Dissatisfied With Your Purchase: if you are dissaiisf‘ied with ihe goods a services that yau have purchased With your credit card. and you have med in good faith to correct the problem with the merchant. you may have the right no: to pay the remaining amount due 0n the purchase. To use {his right: (he 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 quafify; and 2) You must not yet have fully paid for the purchaseV If all of the Cfiteria above are met and you are stiH dissatisfied with the purchase, contact us m writing at: Capital One, PO. Box, 30285, Sait Lake City, UT 8413043285 While we investigate, the same rules apply to the disputed amount as discussed aboveA After we finish our invesiigation, we wiil tell you our decision. At that point, if we think you owe an amount and you d0 not pay we may report you as delinquent. ETC-U8 © 2016 Capitai One. Capital One is a federally registered service mark 11i01f16 How do | Make Payfleflfi? You may make your payment in severai ways: 1. Online Banking by logging into your account; 2. Capital One Mobile Banking app for approved eiectmnic devices: 3. Camng the telephone number listed 0n the front of this statement and prOvidmg the required payment informatien; 4. Sending mail payments to the address 0n the from of this statement with the payment coupon or yOur account information When wiil vou Credit My Payment? u 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. o For mail, as 0f the business day we receive it, as long as it is received by 5 pm. locai time at our processing center, You must send the bottom portion of this statement and your check to the payment address on the from of this statement Please aIlow a1 ieast seven (7) business days for maiE delivery Mailed payments received by us at any Oiher location 0r payments in any other form may not be credited as 0f the day we receive them Any written requests on this form wilt not be honored, To manage your account, please refer to your billing statement for customer service aptions. MARK S DVERSON #8353: Payments, Credits and Adjustments Date Description Amount MARX S OVERSDN #8353: Transactions Date Description Amount Date Description Amount Tota: Fees for This Period $0.00 mterest Charge on Purchases $14462 Interest Charge on Cash Advances $0.00 !nterest Charge cm Other Batances $0.00 Tatai interes’: fuz‘ ?his Period $144.62 Tutais YeaK-m-Ejaie ?otai Fees chargefi $49.00 Total interest charged $805. 1 5 Your Annua! Percentage Rate (APR) is the annuat interest rate 0n your account. Type 0f Annual Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Rate Purchases 25.15% P $6771.07 $144.62 Cash Advances 27.15% P $0.00 $0.00 P,L,D.F = Variabie Rate. See reverse Of page 1 for detaits‘ Page 2 of 3 Visa Signature Account Ending in 8353 May 13, 2019 v Jun. 12, 2019 31 days in BiHEng Cycie 3093.79 L'Eéfr 201 148 Your account has charged off. It is now being serviced by the Recoveries department. Call 1-800-258-9319 if you have questions about this notice.
