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  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC ASSIGNEE OF CREDIT ONE BANK, N.A. v. HINTON, JAMESS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
						
                                

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AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY PLAINTIFF The undersigned, being duly sworn , deposes and says : . I am an authorized representative of LVNV Funding LLC ("Plaintiff") and I have access to Plaintiffs books and records, including electronic records ("Business Records"), relating to the account ("Account") of James Hinton . The last four digits of the Account number are [0312]. In my position, I have personal knowledge regarding Plaintiff's procedures for creating and maintaining its Business Records, including its electronic computer records, and its procedures relating to the purchase and assignment of consumer credit accounts. Plaintiff'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 and are reliable. Based on my knowledge of Plaintiff's Business Records, | have personal knowledge of the facts set forth in this affidavit. . On or about 03/16/2018, Plaintiff purchased or was assigned the Account from Sherman Originator LLC (the Purchase"). At that time, Sherman Originator LLC assigned all of its interest in the Account, including the right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff. Following the Purchase, those Business Records were maintained in the ordinary course of Plaintiff's business, . This account was originated by Credit One Bank, N.A.. The chain of title from time of charge-off of the Account, with the date on or about of each sale or assignment of the Account, is as follows: Date Of Transfer Owner/Creditor Name Owner/CreditorAddress - P.O. Box 98873 2/28/2018 Credit One Bank, NA. Las Vegas NV 89193 7 6801 S. Cimarron Road Suite 423-E 3/16/2018 MHC Receivables, LLC and FNBM, LLC. Las Vegas NV 89113 3/16/2018 Sherman Originator Ill LLC P.O. Box 10466 C/O Resurgent Capital Services LP Greenville SC 29603 3/16/2018 Sherman Originator LLC P.O. Box 10466 C/O Resurgent Capital Services LP Greenville SC 29603 At this time, Defendant owes $813.21 on the Account. This amount includes the charge-off balance of $813.21, post- charge-off interest of $0.00, and costs of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. . All documents attached hereto are true and correct copies of the original, being a reproduction from the records maintained by Plaintiff. ‘The above statements are true and correct to the best of my personal knowledge. Holly Cater 0973022019 STATEMENT BY LICENSED NOTARY STATE OF SOUTH CAROLINA ) )ss. COUNTY OF GREENVILLE ) Representative of LVNV Funding LLC, 671767970CREDIT ONE BANK CREDIT CARD STATEMENT ‘Account Number Ii 0312 Jenuaty 18, 2016 to February 18, 2018 [ ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance 3760.07 | | New Belance gor321 Payments - $0.00 | | Pest Due Amount $218.00 ‘Other Credits - $0.00 | | Amount Dus This Pertod $020.21 Purchases + $0.00 | | Minimum Payment Due 3813.24 Cash Advances + $0.00 | | Payment Due Date Osa Foes Charged + $40.00 Intereet Charged + Sszas] | io atraasets {te do nck receive your minimum payment by the date listed above, New Balance you may have to pay # lute fea up to $35, ‘Minimum Peymant Wenig: ene oa $800.00 | | iyoumae oy tho minimum payart ech pod you vl pay more .00 | | sn ttorst and kw ‘of your balance. Statement Ciosing Date ozieyt ‘end It wil take you longer to pay off your belanoe, Days In Billing Cycle Mt QUESTIONS? all Customer Service or Report 8 Lost or Stolan Credit Card 4-877-825-9242 ‘Outside the U.S, Call 4-702-405-2042 Please send biling Inquiries and correepandence to: P.O, Box 98673, Las Vegas, NV 89183-8673 Ifyou would Ika a location for ered counseling services, call 1-886-515-5720, ‘TRANSACTIONS Reference Numbar ‘Trane Date Post Date Dascilpton of Transaction or Crit Amount Foes FOBS500E1000CYLAG = 02/18_-—«O2/18. ANNUALFEE 03/18 THROUGH 03/18 5.00 0218 = 02/18 LATE FEE 36,00 ‘TOTAL FEES FOR THIS PERIOD 40.00 Interest Charged 02/18 02/18 Interest Charge on Purchases: 12.24 02/8 — 02/18 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 1224 2028 Totals Yoar-to-Date Total feos charged in 2018 $80.00 Total Interest charged In 2018 $23.78 YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF, ‘THE BALANCE WILL BE DUE IN FULL. CALL (888) 728-6274, Your account Is currently closed. INTEREST CHARGE CALCULATION ‘Your Annual Percentage Rete (APR) Is the annual interest rate on your account. Balance Subject to ‘Type of Balance Annual Percentage Rate (APR) —_—Intorest Rate Intorest Charge Purchases 24.45%(V) $694.36 $12.24 ‘Cash Advances: 24.45%(V) $0.00 $0.00 ()=Varleble Rete sas san oot 7 18 02 0 OXPAGEIUT 20 W555 asi0 MISH OTEMSE5 Plana return hn poron wih your payment, snd wr your account nutber on your check, made paysbla lo CREDIT ONE BANC mie a PAY YOUR BILL ONLINE at CreditOnsBank.com CreditOQnie Account Number: EE 0312 hat Oe, New Balance: $819.24 Minimum Payment Due: $613.24 For edérose,lelophono and emall ehongos, Regnetnue Dee! (oosare loaso comlate tho rovarae sto. (©, update your contac Information enling ‘tw CrodtOnoBankcom, AMOUNT ENCLOSED: |§ fof ooo teensy CREDIT ONE BANK JAMES HINTON PO BOX 60500 4204 CAPITOL AVE CITY OF INDUSTRY CA 91716-0500 BRIDGEPORT CT 06608-5207, MetArt eta biel rr 9°08" 82 10CREDIT ONE BANK CREDIT CARD STATEMENT ‘Account Number 0942 ‘June 19, 2017 to July 18, 2017 ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Bslance $544.36 | | New Balance $472.71 Payments - $80.00 | | Past Due Amount ‘$0.00 Other Credits 7 $0.00 |_| Amount ue This Period $25.00 Purchases + $0.00 | | Minimum Payment Due $25.00 Cash Advences + $0.00 | | Payment Due Date 08/14/17 Fees Charged + $0.00) | Late Parr rig: Inst Charged + $236] | im concave yuna ony lee hove, nen beinnos Sara74 | | YU may have to pay ale foo up to $36. Samim aye Waning: Creat $0000 | juste bn an poo ah pau mp re shoot 2700 | minster aw youtngr pe) jbo ‘Days In Billing Cycle 30 | | For example: ‘Wtyou mace no ‘You wil pay off the And you wit QUESTIONS? ‘edditonal charges | balance shown on. ‘ond up paying ‘Call Customer Service or Report ‘using this card and ‘tho stetemont In an ostimatod a Lost or Stolen Credit Card 4-877-825-3242 each morth you pay... about. tolat of. Outside the U.S. Call 1-702-405-2042 ‘Onl the minimum Please send billing Inquiries and correspondence to: Payment 2ysers ‘$678.00 P.O, Box 98873, Las Vegas, NV 89193-8873 you would tke location tor credit counseling services, al 1-868-515-5720. TRANGACTIONS Rotorance Number ‘Trana Dato _Pos! Dato Dosciption of Transaction of Cros ‘Amount ‘BEADAZAEKOOXTMWNLZ ——O0(27 ~——OB/2T_INTERNET PAYMENT LAS VEGAS NV 80.00 Foon TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 07/18 —O7/18_Inlerest Charge on Purchases 8.35 07/18 Q7/18__Iinforest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 8.36 2017 Totals Your-to-Dato ‘Folal foos charged in 2017 $120.00 ‘Tota! Intorost charged in 2017 $51.39 INTEREST CHARGE CALCULATION ‘Your Annual Percentage Rate (APR) I the annual interest rate on your account. Balance Subject to ‘Type of Balance Annual Percentage Rats(APR) interest Rate Inforest Charge Purcheses 20.80%(v) $470.22 $8.35 ‘Cash Advances 20.80%(v) $0.00 $0.00 (¥)=Varlable Rate 305 H oor 7 we ware 0 PAGE Toft 20 e895 4510 MSH OLBESNS Pleato return bk poction wh your payment, and wile your aosounlrumbaran yur cheek, made payabi lo. CREDIT ONE BANK: a PAY YOUR BILL ONLINE at CreditOneBank.com CreditOne Account Nunbe: NOS 12 _— New Balance: ‘$472.71 ‘Minimum Payment Due: $25.00 For address, talephone end email changos, Rayment Dus Date: onnaitr please completa he vere ida cluncrencnstenkcos nnn AMOUNT ENCLOSED: |. falda ‘CREDIT ONE BANK JAMES HINTON: PO BOX 60500 1204 CAPITOL AVE CITY OF INDUSTRY CA 91718-0500 BRIDGEPORT CT 06808-5207 Hehe hale ate hitege h "29°? 21"BILL OF SALE AND ASSIGNMENT OF ACCOUNTS ‘ROM CREDIT ONE E E As of February 28, 2018, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. ("Assignor") has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOne_Sherman1_032018 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and conditions), and (iii) all claims or rights arising out of or relating to each account referenced on the Computer File (collectively hereinafter, the "Accounts") including, but not limited to, all claims and Tights afforded each Account by virtue of that Account’s corresponding terms and conditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File. With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the “Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Accounts from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may haye in place and not supplant any other existing warranties and representations, This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Accounts. CREDIT ONE BANK, N.A. Taty Harwood Vice President UMP 33121,515516,1 Page 1 of 2 Exhibit Documents -- Page 3 of 14EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman!_032018 with such electronic file incorporated herein by reference. UMUC 33121,515516,2 Page 2 of 2 Exhibit Documents — Page 4 of 14ILL OF SALE E E zg CRED! IE BANK, N.A. TO M! ECEIVAB. LL As of February 28, 2018, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. (“Assignor") has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and to (i) the receivables associated with each and every account referenced in the data file named CreditOne_Sherman1_032018 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter, the Receivables"). The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were cach transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts as an acknowledgement of those transfers, and, to the extent necessary, ratification of the transfers. With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their creation until the time of transfer to Assignee. ‘These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations, This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Receivables. CREDIT ONE BANK, N.A. Gary Harwoo Vice President UIMIUATAAT 33121,515516,3 Page 1 of 2 Exhibit Documents -- Page 5 of 14EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman!_032018 with.such electronic file incorporated herein by reference. UUM 33121,515516,4 Page 2 of 2 Exhibit Documents — Page 6 of 14ECEIVABLES FROM MHC RECEIVABLES, LLC TO FNBM, LLC As of March 16, 2018, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to FNBM, LLC, ("Assignee") all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file titled CreditOne,_Sherman1_032018 attached hereto and incorporated by reference as "Exhibit A" ; and (ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the "Receivables"). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event, Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warrantics are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Released Receivables referenced herein. MHC Receivables, LLC Ae Mark Rufail, Authorized Representative IVAN 33121,515517,1 Page 1 of 2 Exhibit Documents — Page 7 of 14EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman]_032018 with such electronic file incorporated herein by reference, CAMA 33121,515517,2 Page 20f 2 Exhibit Documents — Page 8 of 14BILL OF SALE AND ASSIGNMENT OF ACCOUNTS E RECEIVABLES, LLC Tt RMAN NAT! LLC On March 16, 2018, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Sherman Originator I] LLC ("Assignee"), all of Assignor’s, rights title and interest in and to (i) the charged-off accounts identified on an account level basis in the data file named CreditOne_Sherman|_032018 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively hereinafter the "Accounts") including, but not limited to, all claims and rights afforded each account by virtue of that account’s corresponding terms. and conditions. With respect to information for (he Accounts described in the related Computer File, Assignor represents and warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the "Business Records"), are kept by Assignor in the regular course of its business, Il is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor's receipt of those accounts until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assigninent of Accounts shall serve as evidence of ownership for any of the Accounts conveyed hereby, MHC Receivables, LLC War A —__ Mark Rufail, Authorized Representative 33121,515503,1 Page 1 of 2 Exhibit Documents - Page 9 of 14XHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman]_032018 with such electronic file incorporated herein by reference. UMA 33121,515503,2 Page 2 of 2 Exhibit Documents -- Page 10 of 14IGNMENT OF RECEIVABLES FROM onan » LLC TO SHERMAN ORIGINATOR IIL LLC On March 16, 2018, FNBM, LLC (““Assignor"), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator II] LLC ("Assignee"), all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the Accounts on an account level basis on the data file titled CreditOne..Sherman1_032018 attached hereto and incorporated by reference as "Exhibit A"; and (ii) all claims or rights arising out of or relating to the receivables (hereinafter the Receivables"). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records relating to the Receivables (the “Business Records”) are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event") to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor’s custody and control for the Receivables from Assignor’s receipt of those Receivables until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the Receivables conveyed hereby. FNBM, LLC () LV) Jon —— Authorizs ‘epresentative 33121,515503,3 Page 1 of 2 Exhibit Dacuments -- Page 11 of 14EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman1_032018 with such electronic file incorporated herein by reference. 33121,515503,4 Page 2 of 2 Exhibit Documents -- Page 12 of 14Transfer and Assignment Sherman Originator III LLC (“SOLLC III”), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman. Originator LLC (“SOLLC”) all of its right, title and interest in and to the receivables and other assets (the “Assets”) identified on Exhibit A, in the Receivable File dated March 05, 2018 delivered by MHC Receivables, LLC and FNBM, LLC on March 16, 2018 for purchase by SOLLC III on March 16, 2018, The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC (“LVNV”), the above mentioned Assets. The transfer of the Assets included electronically stored business records. Dated: March 16, 2018 Dated: March 16, 2018 Dated: March 16, 2018 Sherman Originator II] LLC a Delaware Limited Liability Company Sherman Originator LLC a Delaware Limited Liability Company ~ ls Title: Authorized Representative LVYNV Funding LLC a Delaware|Limited ol Company Lit aa Name: Rusty Kendall Title: Authorized Representative By: Exhibit Documents -- Page 13 of 14Exhibit A Receivables File 03.16.18 CreditOne_Sherman1_032018 Transfer Group Portfolio Transfer Batch 515503 33121 NA Exhibit Documents -- Page 14 of 14