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  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management, Inc v. Kristal L GesslerOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

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FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR The undersigned, being duly sworn, deposes and says: 1, I am an employee of Capital One Services, LLC, ("COSLLC"), an agent and affiliate of the Original Creditor Capital One Bank (USA), National Association ("Original Creditor") and I have personal knowledge of and access to Original Creditor' s books and records ("Business Records"), including electronic records, relating to a pool of charged÷off consumer credit accounts sold or assigned by Capital One Bank (USA), National Association, the Original Creditor to Midland Credit Management Inc ("Debt Buyer"), on Dec 5, 2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein (see Supplemental Affidavit of Facts and Sale of Account by Original Creditor submitted simultaneously herewith for important supplemental information for this statement). As part of the Sale, Original Creditor assigned all of its interest in the Account, .including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the Account to Debt Buyer. A true and correct copy of the bill of sale or written assignment of the acdount is attached as an exhibit to this affidavit. 2. In my position, I also have personal knowledge of Original Creditor' s procedures for and its Business creating maintaining Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original Creditor's Business Records were made in the regular course of business and it was the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Original Creditor's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. original Creditor and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Original Creditor for all goods, services, and cash advances provided pursuant to the Agreement. The date and the amount of the last payment, if any, made by Consumer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted and a demand for payment was made by Original Creditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 4. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also sets forth the name of the Consumer; the last four digits of the Account number; the date and amount of the charge-off balance; the daee and amount of the last payment, if any; the total amounts, if applicable, of any post-charge-off interest and post-charge--off fees and charges; any post-charge-off credits or payment made by or on behalf of the Consumer; and the balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge. Dated: March , 2020 Amanda Temple County of Chesterfield, to wit: commonwealth of virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in .and for the jurisdiction aforesaid, by Amanda Temple, who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit4 SXVEN under my hand and seal this day of March, 2020. Notary Public senses, tLB ID: BPSLE20191204 ggEagS32993 FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 capital One Account Itemization Account Number 2358 Original Creditor Capital One Bank (USA), National Association Borrower's Full Name GESSLER, KRISTAL L Origination Date 2016-11-25 Last Payment Date 2019-09-18 Last Payment Amount $200.00 Charge off Date 2018-10-25 Charge off Balance $5321.32 Total Post Charge off Interest at time of sale $0.00 Total Post Charge off Chargea at time of sale $0.00 Total Post Charge off Credits at time of sale $1200.00 Sale Date 2019-12-05 Balance at time of Sale $4121.32 FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. My name is Amanda Temple. I am an employee of Capital One Services, LLC ("COSLLC"), an agent and affiliate of Original Creditor Capital One Bank. (USA) , National Association ("Original Creditor"). I make this supplemental affidavit in support of Midland Credit Management Inc ("Debt Buyer")'s request for the entry of judgment in this matter against GESSLER, KRISTAL L. COSLLC provides services to Original Creditor in connection with its credit card and related banking practices. My job responsibilities as Litigation Support Representative provide me with access to all relevant systems and documents of Original Creditor needed to validate the information in the Affidavit of Facts and Sale of Account by Original Creditor executed by me contemporaneously with my signing of this affidavit. The above statements are true and correct to the best of my personal knowledge.. Given under my hand ons Dated: March , 2020 Amanda Temple County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Amanda Temple, who is personally known to ine and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this day of March, 2020. Notary Pub1 o"""""se W ...... ..... FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 Forward Flow Receivable Sale Agreement dated July 11, 2019 BILL OF SALE Closing Dater December 16, 2019 italOne Bank (USA), National Association ("Seller), in consideration of a Purchase Price of and other valuable consideration, the receipt of which ishereby acknowledge4 hereby sells, assigns and transfers allright, titleand interest in the Accounts identified in theSale Pileentitled OMEGA.BN0076.SALES.PROD-EAST.BPSLE20191204-BN0076-main.dat.gz OMBOA.BN0076.SALES.PROD-EAST.BPSLE20191204_BN0076_customer.datgz OMEGA.BN0076.SALES.PROD-EAST3PSLE20191204 BN0076_phone.dat,gz (which may be in electronio form) to Midland Credit Management, Inc.,a Kansatcorporation (?Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions,set forth inthe Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Plow Receivable Sale Agreement, dated as ofJuly 11, 2019, by and between Seller and Buyer (the "Agreement'). All capitalized terms used, but not defined, in thisBill of Sale shallhave the meanings as$gned to such terms in the Agreement. The Sale File Delivery Date for the Sale File was December 5 2019. The aggregate Sale Balance of the Accounts as of the Sale Pile Delivery Date was CAPITAL ONE BANK (USA), MANAGEMENT, INC. NATM ASSOCIA N By. FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 Forward Flow Receivable Sale Agreement dated July 11, 2019 AFFIDAVE OF SALE ORACCOUNT BY CREDITOR State of Virginia, of OoonMand County James R. Lane being dulyswom, deposes and says: I am over 18 and not a party to thisacdon. I am a Vice President of Capital One Bank(USA), National Association. In that position I am aware of the process of the sale and assiginnent of electronically stored businestrecords. On or about December 5, 2019, Capital One Bank (USA)#ational Association sold a pool of charged-off accounts (the Accounts) by a Forward FlowReceivable Sale Agreement sad a Bill of $ate to Midland Gedit Management, Inc., a Kansas corporation. As orthe sale of the Accounts, electrorse re ords And other records were transfered on individuä1Accounts to the debt buyer. These recordswere kept in the ordinary course of business of Capital One Bank (USA), National Association. I am not aware of any errors in these accounts. The above statements are true to the best oftny knowledge. 8%nedthis 7 44yof 2020. SUBSCRIBED and sworn to befom me¡the undersigned Notary Public in the jurisdiction afomsaid, by (ames R. Lane. who ispersonally known to me and who acknowledged befom me his signatme to the foregoing AGidavit. OIVEN under my hand.and seal this degr of JGM , 2020, William weston Paige WILLIAM WESTON PAIGE . NOTAIN MBLIC Notary Pubha REG.47798956 COMMONWEALtRBF@iGINIA p couawon en nose FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 Forward Flow Receivable Sale Agreement dated July 11, 2019 CERTIFICATE OF CONFORMITY CERTIFICATE OF CONFORMITY MADE PURSUANT TO CPLR 2309(c) and RPL 29.9-a I,an attomey-at-law admitted to pracdce in the Coinmonwealth ofVirginia, do hereby certify that William Weston Paige, isa notaty publio in and for the Connnonwealth of Virginia, in the jtuisdiction aforementioned and the acknowledgment upon affidavits for Capital One Bank (USA), National Ãssociation are tgken in the manner prescdbed by the laws of the Connnonwealth of V'uginiad confonns to the laws thereofin altrespects. IN WITNESS fliEREOP, I have hereunto set my signature, this y of , 2020. Attorney at Law, Commonwealth of Virginia FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 CERTIFICATE OF CONFORMITY NY5 RPL § 299-a The undersigned does hereby certify that he is an attorney-at-law duly admitted to practice in the Commonwealth of Virginia and residing in the Commonwealth of Virginia; that he is fully acquainted with the laws of the Commonwealth of Virginia pertaining to the acknowledgment or proof of deeds of real property to be recorded therein;.and that he isa person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York The undersigned certifies that the acknowledgment upon the foregoing document by Amanda Temple, before Kimberly Wilborn Brown, a notary public in the Commonwealth of Virginia, was taken in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to those laws in allrespects. Witness my signature this day of March, 2020. Michael Zielinski Virginia State Bar No. 92624 FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022 Page 1 of 3 Platinum MasterCard Account Endingin 2358 Sep. 25,2018 + Oct. 24, 2018 I SO days in ÈIilling Cycle m mum mammummmu mumm::murarseasmueurmmeran awarmimmem=vememussem Payment Due Date For online and phone paymem. Previous Balance $5,206.75 is 8pm ET. the deadilne Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $5,321.32 $5,321.32 wasactons +so.oo IMPORTANT ACCOUNT UPDATE$ Your full balanceisdue. reduce your balance Any payment you níake will The amount you owe inay differ and help pay off your debt faster. if ath Charged + $114.57 into a separate payment agreement. you've entered New Balance = $5,321.32 Available Credit(as ofOct. 24, 2018) ... . . . N/A Account Notifications New York residents may contact the New York State Department of Financial SéNices to obtain Ilsting of credit a comparative card rates, the New York State Department fees, and grace periods. Contact of Financial Services: 1-877-226-5697or www.dfs.ny.gov. on our mobile Pay or manage your account app or atwww.capitalone.com. Costomer Service: 1-800-258-9319 See reverse for important Information . Pleasesendusthis portionofyourstatementandonWonecheck (oronemoneyeniedto sevenbusinessdaysfortlelivmy. ensureyourpaymentisprocessedprompth.Allowatleast 400030 Payment Due Date:Past Due Account Ending in2358 New Balance Minimum Payment Due Amount Enclosed $5,321.32 $5,321.32 $ KRISTAL L $F.SSLER 100 SUGAR HILL RB REXFORD, NY 12148-1411 Capital One P"B. Box As492 IÎls:n! Carot Stream, IL Is0157-ia492 sa I a sifill a igilplalgaagjl||j|lglgg|tleggg|sggggs spjg