Preview
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
AFFXDAVIT OF FACTS AND SALE 0F ACCODET BY OlGGINAL CREDITo
The undersigned, being awarn, deposes and says
duly
l. I am an employee of Capital One Bervices, LLC, (SCOSLLC"), an agent
and affiliate of the Originni Creditor Capital One Bank IUSA), National
Association CSOriginal 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 Capitâl One Bank (USAF, National
Association, the original Creditor to Midland Credit Mana ement, Inc
(6Debt Buyer"), on Jan 18, 2019 (the SSale"), 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 Accouit by Original Greditor whmitted simnitaneously
herewith for important supplemental'information for this statement). As
part of the Sale, Original Creditor assigned all of its interest la the
Account, including the right to any -proceeds from the Acconnkm to Dabt
Bayer, and it transferred Business Records relating to the Account to Debt
Bayers A true and correct copy of the bill of sale or written assignment
of the Account is attached as an, exhibit to this affidavit.
2 In my position, 1 also have perarmal knowledge of Original
Creditor's procedures for creating and maintaining its Business Records,
including its procedures relating to the sale and assignment of cramumer
credit accounts. Original Creditor's Business Records were made in the
regalar course of business and it was the regular course of such husiness
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 Comimer are set forth
in an exhibit attached hereto and made a part hereof. Consumer defaulted
. and a damand for payment wås made by Original Creditor. A true and correct
copy of the Agreement is attached as an exhibit to this affidavit.
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
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 dirfits of the Acccidñt number; the date
and amount of the charge-off balance; the date 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 Consumery 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: May , 2013
Bond -
ictoria
County of Suffolk, to wit:
State of Raw York
SUAWIBED and sworn to before me, the nnrfersigned Notary Public in
and for the jurisdiction aforesaid, by Victoria Bond, who is personally
known to me and who acknowledged before me his/her signature to the
foregoing Affidavit.
GIVEN under my hand and seal this day of May, 2019.
Hotary Public
ID: PSE50D
E ! so .
38t7
MYCDMhnss
EXPlRES
k
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
. Capital One account IteinismHon
Account Humber Kl991
Criginal Creditor Capital One Bank (tISAh Bational Association
Barrower' APRTL L
s Full Rame CAMPEAU,
Origination Date 2012-03-10
Last Payment Date 2018-11-01 ,
Last Payment Amount . $50,00
Charge off pate 2018-12-08
Charp off Balance $2753,90
Total Post Charge of f
Interest at time of sale 60.00
Total Post Charge of f
Charges at tj.me of sale $0.00 .
Total Post charge off
Credits at tima of sale $0.00
Sale Date 2019-01-18
Balance at Hme of Sale $2753.90
R
W
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIG1âAL CEEDITOR
(Debt Buyer Actions)
The undersigned, being aworn, deposes and says: .
duly
1. My namn is Victoria Bond. 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
CAMPEAD, APHIL L. COSLLC provides services to Original Creditor in
connection with ita credit card and related banking practice_a. 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 Wy signing of
this affidavit.
The above statements are true and correct to the best of my personal
know.Ledge.
Given under my hand on
Dated: Nay , 2019
Victoria Bond
County of Suf folk, to wit:
. State of New York
SUBSCRIBED and sworn to before me, the undersigned Notary Public in
and for the jurisdiction aforesaid, by Victoria Bond, who is personally
known to me and who acknowledged before me his /her signature.to the
foregoing Affidavit.
GIVEN under my b.and and seal this (p day of May, 2019.
Notary Public
.......
NOTARY
. • PUBUC
0WI6143817
8 ÎMYCOMMISSION
EXPlRES
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
Pa.14a
PIsimmu MmagF,ani Ammentinglqg la U981
mas.as,saian-c.m,so1st aamestoaginesescis
"""""
PAST DU E
so.co
mas saiance atalmamPament on othercredits 3040
$2,753.90 $ 2, 753-90 Trans-etions so.oo
+ 40.00
yner fannelanceis due. Fees Charged + $0.00
Any payonedynn we a WD nninem pur Amis ce
and helppay off gourdebtfaster.
The anuamt youowe may differif
InterestOfulfged +25521
ynsw ashend intoa sepends payment agnannant.
AvailableCredit tas eDea 07, 2013 1U2
g 9
e
Q 'Etes York mashients may contact
Finanolal8enricesto antain
the New Yorgrsiste
a taunparatilim
0egartment
ni craBt
a
listing card rates, .
and jirace
smithnimbCentuat
ting New Yak$tate er
Diquvtnnant
Smalemma1-877-2264687 ar wans.dis.nygar
p., mauseyowamountasour moteappor-an.=ps-mancess. cast arsenso•i14ocessests soneamerorampaineefelonnatum
namee--i.isspationarver-asseaiymassesarms.same-dmia
summagaurpaymentin gamaissedprelaptly.men
at leastssum beatenesdes for dd! 40003D
Payment Due Datgast Gas Account Ending ift99
new saiamee we=cayment one Amouse cactoses
$2,753.90 $2,753.90 $
du$RIL L .CAMPEAU
E7 LEfIASWRA.E MAY
amau., m sanar-esas c-pse.1 on.
*- P.S. Box Luis
IIlml eawa sweas. a ans-r.ne
=ilil-linigiggilpnagg:.slillnitiabl•nil•unerh
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
Forward Flow Receivable Sale Agreement dated November 2018
15,
BILL OF SALE
Closing Date: Immmy 28, 2019
Capital One Bank (USA), National Association (*$eller"), in mnsirieration of a Pachase
Price of $ and other vafnahIn the receipt of which is
nannisteration, hereby
acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts
ittenfified in the Sale "20190118.PSE50D.SLDFLELTXI"
File entitled (which be
ha may in
electronic form) to Midland.Credit a corpontion
Management, Inc., ("Buyer"), without
recomse or representation except as pmvided herein or on the
expressly terms, and subject to the
conditions, set forth in the Agreement (asdefined below).
. This Bill of Sale is delivered pursuant to that certain Forwad Flow Receivable Sale
Agrement, dated as ofNovember 15, 2018, and between Se0er and Buyer
by (tin"AgreemenP),
All capitalizedterms used, but not in thism of Sale shallhave the assigned
defined, meaning to
such terms in the Agrenant
The Cutoff Date for the Sale File was January 18, 2019. h aggregate UnpaidBalance of
the Accounts as of the Cutoff Date was
CAPITAL ONE BANK (USA), NATIONAL
ASSOCIATION
ane m R.Lane
Title·
Vice President
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
ForwardPlow Dmivable Sala Agreemnent defedNaresnber15,2018
AFFIDAVIT OFSALE
OFACCOUNY
syenerroR .
StaraofVirginia,CountyofGamh.land
JameslLLanobeingduly sworn,deposessulsays
Immoverl S and not to this action. I am a Vice President of Capital OneBank
aparty g.lSAf
Natinnal Association. In thatpositionI amawareoftheprocessofthesaleandawignmentof
eleetmnicallystomedbnainematecards.
OnaraboutJanmey18,2019,CapitalOneBank(USA),NationalAssociationsoldapoolof
charged-aff accounts (the Accounts) by a Forwant FlowReceivableSaleAgm¬nentandaBill
Of Sale to IWildlaRD CEgdit Management g Kanann corporation. Aspartofthesaleofthe
100.,
Ac¾ electmnin records and otherreconfs were transfqrredonindividualAccountstothe
debtbayer.These recogis were loeptin the course of bamineon of Capital One Bank
amdinary
(USA), liational Association.
Istanotawamofanyermrsintheseaccounts. Theabnveeratementmaretmetathebestafm
1010Wledge.
Signedthis dayof ,2019.
SUBSCRiRRnandswomtobeforeme,thenadersignedNotaryPublicinthejurisdicnion
aforesaid, by James R. Lane. who is personally known to me and whoacknmmledgedbefbseme
hissignatmetatheforegoingAGidsvit
GIVEN under my hand and seal this day of. Ame(h 2019.
Wil.LIAM WESTON PAIGE
William eStODPaigC . NOTARY PUSUC
REG. 197796956
NotaryPublic
C0tBA0tlWEALTit0FiglHillilA
ggyenemR-'dUlitXRRES OCT 31,2022
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020
MADE PURSUANT TO
CPLR 2309(e)
and RPL 299-a
I, an affnrmy-at-law admitted to practice in the cann==wealth do
afrarginia, hereby
certify thatWinium Weston is a natmy public in and for the conmenweakh of
Paign, Vaginia,
(USA), Natianal Associatinn are taken in the mam•r prescribed the laws ofthe
by
Commonwealth of Virginia and nanfarma to the laws thereof in allrespects.
IN WITNESS WHEREOF, I have hereanto signature, this_Ê. of
seemy day
. 2019.
Signed Name
Preview
FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 AFFXDAVIT OF FACTS AND SALE 0F ACCODET BY OlGGINAL CREDITo The undersigned, being awarn, deposes and says duly l. I am an employee of Capital One Bervices, LLC, (SCOSLLC"), an agent and affiliate of the Originni Creditor Capital One Bank IUSA), National Association CSOriginal 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 Capitâl One Bank (USAF, National Association, the original Creditor to Midland Credit Mana ement, Inc (6Debt Buyer"), on Jan 18, 2019 (the SSale"), 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 Accouit by Original Greditor whmitted simnitaneously herewith for important supplemental'information for this statement). As part of the Sale, Original Creditor assigned all of its interest la the Account, including the right to any -proceeds from the Acconnkm to Dabt Bayer, and it transferred Business Records relating to the Account to Debt Bayers A true and correct copy of the bill of sale or written assignment of the Account is attached as an, exhibit to this affidavit. 2 In my position, 1 also have perarmal knowledge of Original Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of cramumer credit accounts. Original Creditor's Business Records were made in the regalar course of business and it was the regular course of such husiness 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 Comimer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted . and a damand for payment wås made by Original Creditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 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 dirfits of the Acccidñt number; the date and amount of the charge-off balance; the date 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 Consumery 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: May , 2013 Bond - ictoria County of Suffolk, to wit: State of Raw York SUAWIBED and sworn to before me, the nnrfersigned Notary Public in and for the jurisdiction aforesaid, by Victoria Bond, who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this day of May, 2019. Hotary Public ID: PSE50D E ! so . 38t7 MYCDMhnss EXPlRES k FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 . Capital One account IteinismHon Account Humber Kl991 Criginal Creditor Capital One Bank (tISAh Bational Association Barrower' APRTL L s Full Rame CAMPEAU, Origination Date 2012-03-10 Last Payment Date 2018-11-01 , Last Payment Amount . $50,00 Charge off pate 2018-12-08 Charp off Balance $2753,90 Total Post Charge of f Interest at time of sale 60.00 Total Post Charge of f Charges at tj.me of sale $0.00 . Total Post charge off Credits at tima of sale $0.00 Sale Date 2019-01-18 Balance at Hme of Sale $2753.90 R W FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIG1âAL CEEDITOR (Debt Buyer Actions) The undersigned, being aworn, deposes and says: . duly 1. My namn is Victoria Bond. 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 CAMPEAD, APHIL L. COSLLC provides services to Original Creditor in connection with ita credit card and related banking practice_a. 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 Wy signing of this affidavit. The above statements are true and correct to the best of my personal know.Ledge. Given under my hand on Dated: Nay , 2019 Victoria Bond County of Suf folk, to wit: . State of New York SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Victoria Bond, who is personally known to me and who acknowledged before me his /her signature.to the foregoing Affidavit. GIVEN under my b.and and seal this (p day of May, 2019. Notary Public ....... NOTARY . • PUBUC 0WI6143817 8 ÎMYCOMMISSION EXPlRES FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 Pa.14a PIsimmu MmagF,ani Ammentinglqg la U981 mas.as,saian-c.m,so1st aamestoaginesescis """"" PAST DU E so.co mas saiance atalmamPament on othercredits 3040 $2,753.90 $ 2, 753-90 Trans-etions so.oo + 40.00 yner fannelanceis due. Fees Charged + $0.00 Any payonedynn we a WD nninem pur Amis ce and helppay off gourdebtfaster. The anuamt youowe may differif InterestOfulfged +25521 ynsw ashend intoa sepends payment agnannant. AvailableCredit tas eDea 07, 2013 1U2 g 9 e Q 'Etes York mashients may contact Finanolal8enricesto antain the New Yorgrsiste a taunparatilim 0egartment ni craBt a listing card rates, . and jirace smithnimbCentuat ting New Yak$tate er Diquvtnnant Smalemma1-877-2264687 ar wans.dis.nygar p., mauseyowamountasour moteappor-an.=ps-mancess. cast arsenso•i14ocessests soneamerorampaineefelonnatum namee--i.isspationarver-asseaiymassesarms.same-dmia summagaurpaymentin gamaissedprelaptly.men at leastssum beatenesdes for dd! 40003D Payment Due Datgast Gas Account Ending ift99 new saiamee we=cayment one Amouse cactoses $2,753.90 $2,753.90 $ du$RIL L .CAMPEAU E7 LEfIASWRA.E MAY amau., m sanar-esas c-pse.1 on. *- P.S. Box Luis IIlml eawa sweas. a ans-r.ne =ilil-linigiggilpnagg:.slillnitiabl•nil•unerh FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 Forward Flow Receivable Sale Agreement dated November 2018 15, BILL OF SALE Closing Date: Immmy 28, 2019 Capital One Bank (USA), National Association (*$eller"), in mnsirieration of a Pachase Price of $ and other vafnahIn the receipt of which is nannisteration, hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts ittenfified in the Sale "20190118.PSE50D.SLDFLELTXI" File entitled (which be ha may in electronic form) to Midland.Credit a corpontion Management, Inc., ("Buyer"), without recomse or representation except as pmvided herein or on the expressly terms, and subject to the conditions, set forth in the Agreement (asdefined below). . This Bill of Sale is delivered pursuant to that certain Forwad Flow Receivable Sale Agrement, dated as ofNovember 15, 2018, and between Se0er and Buyer by (tin"AgreemenP), All capitalizedterms used, but not in thism of Sale shallhave the assigned defined, meaning to such terms in the Agrenant The Cutoff Date for the Sale File was January 18, 2019. h aggregate UnpaidBalance of the Accounts as of the Cutoff Date was CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION ane m R.Lane Title· Vice President FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 ForwardPlow Dmivable Sala Agreemnent defedNaresnber15,2018 AFFIDAVIT OFSALE OFACCOUNY syenerroR . StaraofVirginia,CountyofGamh.land JameslLLanobeingduly sworn,deposessulsays Immoverl S and not to this action. I am a Vice President of Capital OneBank aparty g.lSAf Natinnal Association. In thatpositionI amawareoftheprocessofthesaleandawignmentof eleetmnicallystomedbnainematecards. OnaraboutJanmey18,2019,CapitalOneBank(USA),NationalAssociationsoldapoolof charged-aff accounts (the Accounts) by a Forwant FlowReceivableSaleAgm¬nentandaBill Of Sale to IWildlaRD CEgdit Management g Kanann corporation. Aspartofthesaleofthe 100., Ac¾ electmnin records and otherreconfs were transfqrredonindividualAccountstothe debtbayer.These recogis were loeptin the course of bamineon of Capital One Bank amdinary (USA), liational Association. Istanotawamofanyermrsintheseaccounts. Theabnveeratementmaretmetathebestafm 1010Wledge. Signedthis dayof ,2019. SUBSCRiRRnandswomtobeforeme,thenadersignedNotaryPublicinthejurisdicnion aforesaid, by James R. Lane. who is personally known to me and whoacknmmledgedbefbseme hissignatmetatheforegoingAGidsvit GIVEN under my hand and seal this day of. Ame(h 2019. Wil.LIAM WESTON PAIGE William eStODPaigC . NOTARY PUSUC REG. 197796956 NotaryPublic C0tBA0tlWEALTit0FiglHillilA ggyenemR-'dUlitXRRES OCT 31,2022 FILED: WASHINGTON COUNTY CLERK 10/30/2020 04:05 PM INDEX NO. EC2020-31460 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/30/2020 MADE PURSUANT TO CPLR 2309(e) and RPL 299-a I, an affnrmy-at-law admitted to practice in the cann==wealth do afrarginia, hereby certify thatWinium Weston is a natmy public in and for the conmenweakh of Paign, Vaginia, (USA), Natianal Associatinn are taken in the mam•r prescribed the laws ofthe by Commonwealth of Virginia and nanfarma to the laws thereof in allrespects. IN WITNESS WHEREOF, I have hereanto signature, this_Ê. of seemy day . 2019. Signed Name