Party Statement: Crown Asset Management Llc v. Evelyn Pugh

On December 02, 2019 a Party Statement was filed involving a dispute between Crown Asset Management Llc, and Evelyn Pugh, for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff in the District Court of Livingston County.

Preview
7 INDEX NO. 001057-2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/28/2021

Andrea K. Bailey, Acting County Clerk
Livingston County Government Center
6 Court Street, Room 201
Geneseo, New York 14454
(585) 243-7010 ~ Fax (585) 243-7928

Livingston County Clerk Recording Page

Received From: Return To:
ANTHONY SCOTT POULIN ANTHONY SCOTT POULIN
39 BROADWAY SUITE 1250 39 BROADWAY SUITE 1250
NEW YORK, NY 10006 NEW YORK, NY 10006
Document Type: CIVIL ACTION - MISC Document Desc: AFFIDAVIT
Plaintiff Defendant
CROWN ASSET MANAGEMENT LLC Pugh Evelyn

Recorded Information:

State of New York

Index #: 001057-2019 County of Livingston

EFiling through NYSCEF

Go. rea. KPrisey

Acting Livingston County Clerk

This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York

AKB Do Not DegachIND®@€xNO 0000383012019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/28/2021

SELLER Account Itemization

Account Number 5358782010124576

Original Creditor Comenity Capital Bank f/k/a World Financial Network Bank
Borrower’s Full Name EVELYN PUGH

Client’s Name BJ's Consumer

Origination Date 1/18/2017

Last Payment Date 6/13/2018

Last Payment Amount $65

Charge Off Date 1/31/2019

Charge Off Balance $2602.44

Total of Post Charge Off Interest $0
at time of sale

Total Post Charge Off Fees $0

and Charges at time of sale

Total Post Charge Off Credits $0

at time of sale

Total Post Charge Off $0

Payments at time of sale

Buyer name Crown Asset Management
Sale Date 2/13/2019

Balance at time of Sale $2602.44

2 of 267 INDBAeN& .0030982012.019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/28/2021

EXHIBIT I
NY AFFIDAVIT

AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
(Debt Buyer Actions)

The undersigned, being duly sworn, deposes and says:

1. I am a/an employee of Comenity Servicing LLC, the affiliate servicer for Comenity Capital
Bank (“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 crgdit accounts sold or assigned by Comenity Capital Bank to Crown Asset
Management, LLC on / l [5 i 4 (the “Sale”), which included the account (“Account”) of the
consumer (“Consumer”) identified in the exhibits attached hereto and incorporated herein. As part
of the Sale, Original Creditor assigned all of its interest in the Account, including the right to any
proceeds from the Account, to Debt Buyer, and it transferred certain Business Records relating to
the Account to Debt Buyer. 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, I also have personal knowledge of Original Creditor’s procedures for creating
and maintaining its Business 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 card agreement (“Agreement”).
Consumer agreed to pay Original Creditor for all goods, services and cash advances purchased or
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
under the terms of the Agreement 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.

4. Ihave personal knowledge of Original Creditor’s procedures for generating and mailing account
statements to customers. It is the regular practice of Original Creditor’s business to provide
periodic account statements to its customers. Original Creditor sent one or more account
statements relating to the Consumer’s Account to Consumer on the date(s) and for the amount(s)
due set forth in an exhibit attached hereto and made a part hereof. The account statement(s) were
mailed to Consumer’s last known address and Original Creditor’s Business Records do not reflect
that the statement(s) were returned by the post office or that the Consumer objected to them. A
true and correct copy of the last account statement(s) generated and mailed by Original Creditor is
attached as an exhibit to this affidavit.

5. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and
made a part hereof, which also set forth the name of the Consumer; the last four digits of the

3 of 26: : IND&XexNe 0080352012019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/28/2021

Account 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 credits or payments 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.

6. Further, Affiant sayeth naught.

Authorized Agent

The foregoing instrument was acknowledged before me this bt ‘aay of J Wer .
2 by Ka f ar ist VA, Authorized Agent of Comenity Servicing LLC, ana)
(

authorized agent of Comenity Capital Bank on behalf of said Bank.

Notary Publig’S
otary Publig YS MICHELE R. MASON
*z Notary Public, State of Ohio
3 ires 07-07-2023

4 of 267 INDEWeNG:.0010582012.019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/28/2021

EXHIBIT H
CERTIFICATE OF CONFORMITY

STATE OF Ohio
COUNTY OF Franklin

The undersigned does hereby certify that she is a person duly qualified to make this certificate of conformity pursuant
to Section 299a of the Real Property Law of the State of New York; that the foregoing acknowledgment by Michele
Mason named in the foregoing Affidavit of Sale of Account By Original Creditor taken before Heather J Coy, a notary
in the State of Ohio, was taken in the manner prescribed by such laws of the State of Ohio, being the State in which it
was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state.

U5 /2| Matton Aleck

Heather L Keck: Attorney at Law
Admitted to practice in the State of Ohio
Ohio Attomey Registration No: 0071364

5 of 26299919

NYSCEF if ie WORLD IS Your” NYSCEF: 0}

21
OYSTER, THEN CASH “ene
3

BACK IS THE CAVIAR.

Travel everywhere using your My Bu’s Perks® Mastercard ®

XLS 2% cash back 1% cash back' everywhere else

\ dining out? Mastercard is accepted
PAGE 1 OF 4
ESTUTi Mites o Ake) are exexelU nl areCeuUNULNS UaeeNVitked tl ATCO DCL tee
Account no. NAA 80A8 A804 ABTE New balance $1,988.80
Minimum payment due $64.00
Previous balance $2,009.82 Payment due date 07/13/2018
Payments -65.00
Other credits 0.00 Late payment warning:
Purchases 0.00 lf we do not receive your minimum payment by 07/13/2018 you may
Other debits 000 have to pay up to a $38.00 late fee.
Cash advance 0.00 Minimum payment warning: If you make only the minimum
Balance transfer 0.00 payment for each period, you will pay more in interest and it will take
Fees charged 0.00 you longer to pay off your balances. For example:
Interest charged 43.98
New balance $1,988.80 Ifyou make no additional | You will pay off | And you will
charges using this card _| the balance shown end up paying an|

Past due amount 0.00 and each month you pay: | on the statement | estimated total
Credit limit $2,000.00 in about: oft
Available credit $11.20 Only the minimum payment | 11 years $4934
Cash credit limit $400.00
Available cash $11.20 set Syears tcargs $2018)
Statement closing date 06/17/2018
Days in billing cycle 30 For information regarding credit counseling services,

call 1-800-284-1706.

Account Questions? Need to make a payment? Want to know how to go paperless?
Visit mybjsperks.com or call 1-855-269-1622 (TDD/TTY 1-888-819-1918). Want to stay in the know with credit tips
and news? Visit us at facebook.com/askcomenity or at twitter, com/askcomenity,

UMS RSM kod eo eet leer Uae CTI COLUM Ola te

Earn 3% cash back on most in-Club
and BJs.com purchases.’

Visit Account Center at comenity.netvbjs
to view how many awards you have
available today.

Keep shopping! Your available
award balance is currently:
$0.00.
You also have $4.19
in earings toward your next award

Don't forget! Save $.10 off per gallon

at Bu's Gas every day. Plus, earn 2%
cash back when you fill up at non-Bu's
gas stations and when you dine out 2!

Don't forget that available awards can
be used in-Club at the register."

YE Uo m fe mec Use elt}

TRANS DATE TRANSACTION DESCRIPTION/LOCATION ‘AMOUNT
06/13/2018 PAYMENT-THANK YOU -65.00
Fees
Total fees charged for this period $0.00
Interest charged
Interest charge on purchases $43.98
Interest charge on cash advance $0.00
Interest charge on balance transfer $0.00
Total interest for this period $43.98

Account

number eae see 100 4576
New balance Minimum payment
$1,988.80 $64.00
993

Payment must reach us by

Yes, | have moved or updated my 6 pm ET on 07/13/2018.

e-mail address - see reverse.

Amount enclosed:

Please make check payable to:
COMENITY - My Bu's Perks Mastercard

ee ieee!
EVELYN PUGH

3261 ELLEN PL
CALEDONIA NY 14423-1226

Please return this portion along with your payment to:
PO BOX 659450
SAN ANTONIO TX 78265-9450

45101013 00074888 §35876201012457b OOO00b400 000194480

6 of 26SGEI
increments that are used in-Club at the register and expire 6 months from the date issued. Cash back can be requested
in the form of a check prior to awards expiring by contacting Member Care at 800-BJs-CLUB. My By’s Perks® Program
is provided by BJ's Wholesale Club, Inc. and its terms may change from time to time. Some exclusions may apply. Visit

Bds.com/perksterms for Program Terms.

Each merchant is assigned a code by a third party that indicates the merchant's area of business. 2% cash back will
only be awarded if the merchant code for the purchase matches a category eligible for the offer. Comenity Capital
Bank does not have the ability to control assignment of merchant codes.

This credit card is issued by Comenity Capital Bank pursuant to a license from Mastercard International Incorporated.
Mastercard and the Mastercard Brand Mark are registered trademarks of Mastercard Intemational Incorporated.

Keep this portion for your records.
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: Comenity
Capital Bank PO Box 182620, Columbus, Ohio 43218-2620.

In your letter, give us the following information:

* Account information: Your name and account number,

* Dollar amount: The dollar amount of the suspected error.

* 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 @ mistake.

You must contact us within 60 days after the error appeared on your
stalement.

You must notify us of any potential errors in writing. You may call us, but if
you do we ate not required to investigate any potential errors and you may
have to pay the amount in question.

While we investigate whether or not there has been an error, the following,

ale irue:

* The charge in question may remain on your statement, and we may
continue to charge you interest on thal amount, But, if we determine that
we made @ mistake, you will not have to pay the amount in question or
any interest or other lees related to that amount.

* While you do not have to pay the amount in question, you are responsible
for the remainder of your balance.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

I you are dissatisfied with the goods or services that you have purchased
with your credit card, and you have tried 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, all of the following must be true:

1. The purchase must have been made in your home state or within 100
miles of your current mailing address, and the purchase price must have
been more than $50. (Note: Neither of these is necessary if your purchase
was based on an advertisement we mailed to you, or if we own the company
that sold you the goods or services.)

2.You must have used your credit card for the purchase. Purchases made
with cash advances from an ATM or with a check thal accesses your credit
card account do nol qualify.

3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the
purchase, contact us in writing at: Comenity Capital Bank PO Box 182620,
Columbus, Ohio 43218-2620.

While we investigate, the same rules apply to the disputed amount as
discussed above. After we finish our investigation, we will tell you our
decision. At that point, if we think you owe an amount and you do not pay
‘we may report you as delinquent.

PAYING INTEREST. Your due date is at least 23 days alter the close of each
billing cycle. We will not charge you interest on purchases if you pay your
entire balance by the due dale each month. We will begin charging interest
on balance transfers and cash advances on the transaction date. We will
begin to charge interest on new purchases made under a Low APR, Equal
Payment or Budget Payment Credit Plan from the date of purchase.

BALANCE COMPUTATION METHOD. We calculate interest separately for
each type of balance on your account using a "Daily Balance’ to determine
interest charges for each billing period. We figure the interest charge on
your acount by applying the periodic rate to the “daily balance” of your
account for each day in the billing cycle, To get the “daily balance’ we take
the beginning balance of your account each day, add any new purchases,
advances, fees and balance transfers, and subtract any payments or credits
(treating any net credit balance as a zero balance). This gives us the daily
balance,

CREDIT REPORTING, We may report information about your account to
credit bureaus, Late payments, missed payments, or other defaults on your
account may be reflected in your credit report.

NOTICE OF CREDIT REPORT DISPUTES I! you believe the account
information we reported to a consumer reporting agency is inaccurate, you
may submit a direct dispute to Comenity Capital Bank PO Box 182120,
Columbus, Ohio 43218-2120. Your written dispute must provide sufficient
information to identify the account and specify why the information is
inaccurate:

* Account Information: Your name and account number

Contact Information: Your address and telephone number

Disputed Information: Identify the account information disputed and
explain why you believe it is inaccurate

‘Supporting Documentation: If available, provide a copy of the section of
the credit report showing the account information you are disputing

We will investigate the disputed information and report the results to you
within 30 days of receipt of the information needed for our investigation. If
we find that the account information we reported is inaccurate, we will
promptly provide the necessary correction to each consumer reporting
agency to which we reported the information,

PAYMENTS MARKED “PAID IN FULL". All wrilten communications
regarding disputed amounts that include any check or olher payment
instrument marked ‘payment in full* or similar language, must be sent to:
6540 North Loop 1604 East, Suite 101, San Antonio, TX 78247-5004.
DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.

- We may accept payment sent to any other address without losing any of
our rights.

- No payment shall operate as an accord and satisfaction without prior
written approval

CUSTOMER SERVICE. Visit comenity.net/bjs or call 1-855-269-1622 (My
BJ's Perks Mastercard) or 1-844-27 1-235 (My BJ's Perks World
Mastercard) (TDD/TTY 1-888-819-1918).

TELEPHONE MONITORING. To provide you with high-quality service, phone
‘communication with us is monitored and/or recorded,

ADDITIONAL INFORMATION. The following designations, when appearing
on the front of your statement, mean the following: V means variable rate
(this rate may vary); WV INT PAY RQ means WAIVE INTEREST, PAYMENT
REQUIREDs WV INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WV
INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; DF INT PY RQ
means DEFER INTEREST, PAYMENT REQUIRED: DEF INT EQ PY means
DEFER INTEREST, EQUAL PAYMENT; DF INT LOW PMT means DEFER
INTEREST, LOW PAYMENT and LOW APR EQ PAY means LOW APR, EQUAL
PAYMENT. If you have a variable rate account, your periodic rates may vary.
You may pay all of your Account balance at any lime without penalty,

Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus,
Ohio 43218-3003.

Send all bankruptcy notices and related correspondence to Comenity
Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohio
43218-3043

NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
check as payment, you authorize us either o use information from your
check to make a one-time electronic fund transfer from your account or to
process the payment as a check transaction. When we use information from
your check lo make an electronic fund transfer, funds may be withdrawn
from your account as soon as the same day we receive your payment, and
you will not receive your check back from your financial institution,

@8/28/2021

PAYMENTS. Pay your Account by the payment due date by the time listed below. If we do not receive your payment in a correct format (outlined below) it
may not be credited to your Account for up to five days, or may be rejected. Also, your payment must reach us by the payment cutoff time that applies to
the payment method you select. This card is issued by Comenity Capital Bank pursuant to a license from Mastercard International Incorporated, Mastercard
is a registered trademark of Mastercard Intemational Incorporated.

Correct Format. Correct format for different payment methods include
Mailing or Overnight: Send a personal check, money order, traveler’s check or cashier's check payable in U.S. dollars, to the name and address shown on
this Statement in the payment stub area containing your balance and minimum payment amount. Be sure fo include your payment stub, do not staple or
clip your payment to the stub, include your account number on your check, use the erwelope provided with your Statement, send one payment with one
payment stub and do not send any correspondence with your payment, You should overnight a payment to 6550 North Loop 1604 Fast, Suite 101, San
Antonio, TX 78247-5004 and the additional format requirements are the same as other mailed payments unless there is a dispute, in which case you follow
the Payments Marked "Paid in Full” section above. Do not send cash or gift certificates. Pay By Phone: You can call us toll free at 1-855-269-1622 (My
BJ's Perks Mastercard) or 1-844-271-2535 (My B.'s Perks World Mastercard) (TDD/TTY: 1-888-819-1918) to make a payment by telephone, which may
include @ fee, Online: You can make payment online at comenity.net/bjs.

Payment Cutoff Times. Payment cutolf times/deadlines for us to receive payments are by the due date on this Statement in the payment stub area at the
following times: Mailing and Overnight: By 6:00 pm Fastem Time (ET); Pay By Phone: By 8:00 pm (ET); Online: By 8:00 pm (FT).

New Information

Title (optional) First Name MI

Last Name Soc. Sec. No.

‘Street Address
Apt. No.
City

RR PO Box

State Zip Code Foreign Map Code

Home Phone Work Phone

of 26

Email Address

F299919

NYSCEF DOC. NO. 12

RECEIVED NYSCEF: 06/28/2021
My BuJ’s Perks”
Mastercard’

THEY SHOP. YOU EARN. EVERYONE WINS.

Add family or friends to your account and earn even more cash back!"

2%
cash back

on dining and non-Bu's

gas purchases!

9
1% cash back
everywhere else

Mastercard is accepted See back for details.

PAGE 3 OF 4

2018 totals year to date
Total fees charged in 2018
Total interest charged in 2018

$27.00
$256.85

UPS CTg=¥ss Sela Ure (= ers Mone ed)

Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD

on page 2 for more details.

TYPE OF BALANCE SUBJECT INTEREST
BALANCE APR TO INTEREST RATE CHARGE
Purchases 26.4900% (v) 2,020.26 43.98

28.4900% (v) 0.00 0.00

Cash advances

PXeoli (Cele ULL x0) Uae esiseee (eas)

‘My Bu's Perks program is provided by Bu's Wholesale Club, Inc. and its terms may change from time to
time. Some exclusions may apply. Visit BJs.com/perksterms for Program Terms. Cash back is in the form
of electronic awards issued in $20 increments that are used in-Club at the register and expire 6 months
from the date issued. Cash back can be requested in the form of a check prior to awards expiring by
contacting Member Care at 800-BJs-CLUB. This number may not reflect all current earnings due to
calculation delays. All earnings not reflected on this statement will be reflected on your next billing

statement.

?Each merchant is assigned a code by a third party that indicates the merchant's area of business. 2%
cash back will only be awarded if the merchant code for the purchase matches a category eligible for the
offer. Comenity Capital Bank does not have the ability to control assignment of merchant codes

The Mastercard cards are issued by Comenity Capital Bank pursuant to a license from Mastercard
International Incorporated. Mastercard and the Mastercard Brand Mark are registered trademarks of
Mastercard International Incorporated.

How can you take charge against ID Theft? Visit idtheft.gov to find out.

45101013 00074889 §35876201012457b OOO00b400 000194480

8 of 26D: VTN Hj N Nee OMAR? 22919
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/28/2021

‘My BJ’s Perks® Program is provided by BJ’s Wholesale Club, Inc. and its terms may change from time to time. Some
exclusions may apply. Visit BJs.com/perksterms for Program Terms. You may add up to four total authorized buyers. Each
merchant is assigned a code by a third party that indicates the merchant’s area of business. 2% cash back will only be
awarded if the merchant code for the purchase matches a category eligible for the offer. Comenity Capital Bank does not
have the ability to control assignment of merchant codes. Cash back can be requested in the form of a check prior to awards
expiring by contacting Member Care at 800-BJs-CLUB. Cash back is in the form of electronic awards issued in $20
increments that are used in-Club at the register and expire 6 months from the date issued.

The My BIJ’s Perks® Mastercard® is issued by Comenity Capital Bank, pursuant to a license from Mastercard
International Incorporated. Mastercard® and the Mastercard Brand Mark are a registered trademark of Mastercard
International Incorporated.

PAGE 4 OF 4

9 of 26D:

NYSCEF DOC. NO. 12

ESTUTi Mites o Ake) are exexelU nl areCeuUNULNS

RECEIVED NYSCEF: 06/28/2021

PAGE 1 OF 4
UaeeNVitked tl ATCO DCL tee
New balance $2,602.44
Minimum payment due $585.00
Payment due date 02/13/2019

Late payment warning:
If we do not receive your minimum payment by 02/13/2019 you may
have to pay up to a $38.00 late fee.

Minimum payment warning: If you make only the minimum
payment for each period, you will pay more in interest and it will take
you longer to pay off your balances. For example:

If you make no additional
charges using this card
and each month you pay:

You will pay off
the balance shown
‘on the statement
in about:

‘And you will
end up paying an
estimated total
of:

Only the minimum payment

18 years

$6998

Account no. AA ABTS,
Previous balance $2,506.18
Payments 0.00
Other credits 0.00
Purchases 0.00
Other debits 0.00
Cash advance 0.00
Balance transfer 0.00
Fees charged 38.00
Interest charged 58.26
New balance $2,602.44
Past due amount 501.00
Credit limit $2,000.00
Available credit $0.00
Cash credit limit $400.00
Available cash $0.00
Statement closing date 01/18/2019
Days in billing cycle 31

For information regarding credit counseling services,
call 1-800-284-1706,

[Dye] CUCK OL (elU Lm ccc USe=CCl Cen}

TRANS DATE _ TRANSACTION DESCRIPTION/LOCATION AMOUNT
ge Fees

01/13/2019 LATE FEE 38.00
Total fees charged for this period $38.00

Interest charged
Interest charge on purchases $58.26
Interest charge on cash advance $0.00
Interest charge on balance transfer $0.00
Total interest for this period $58.26

2019 totals year to date
Total fees charged in 2019
Total interest charged in 2019

$38.00
$58.26

UPS CTg=¥ss Sela Ure (= ers Mone ed)

Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD

on page 2 for more details.

TYPE OF
BALANCE

Purchases
Cash advances

BALANCE SUBJECT INTEREST

APR TO INTEREST RATE CHARGE
26.9900% (v) 2,541.54 58.26
28.9900% (v) 0.00 0.00

PXeoli (Cele ULL x0) Uae esiseee (eas)
IMMEDIATE ATTENTION REQUIRED:

! Your Account is extremely past due and will be written off as a

bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this

statement before the end of this month.

If you are not able to pay the Minimum Payment amount, we will

still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089

ind a suitable payment before the end of this month. If written off,
(CONTINUED)

(TDD/TTY 1-888-819-1918) and we will fi

Yes, | have moved or updated my
e-mail address - see reverse.

EVELYN PUGH

C/O LAKEVIEW LAW GROUP 3261 EL
C/O Lakeview Law Group

CALEDONIA NY 14423-1226

45101013 00029158

§358746201012457b

Account

number eae see 100 4576
New balance Minimum payment
$2,602.44 $585.00
99 4

Payment must reach us by

Amount enclosed: 6 pm ET on 02/13/2019.

Please make check payable to:
COMENITY - My Bu's Perks Mastercard

ide HEE ET TY
Please retum this portion along with your payment to:
PO BOX 659834
SAN ANTONIO TX 78265-9134

goo0058500 o00eb0e44

10 of 26NYSCEF DOC. NO. 12

Keep this portion for your records.
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: Comenity
Capital Bank PO Box 182620, Columbus, Ohio 43218-2620.

In your letter, give us the following information:

* Account information: Your name and account number,

* Dollar amount: The dollar amount of the suspected error.

* 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 @ mistake.

You must contact us within 60 days after the error appeared on your
stalement.

You must notify us of any potential errors in writing. You may call us, but if
you do we ate not required to investigate any potential errors and you may
have to pay the amount in question.

While we investigate whether or not there has been an error, the following,

ale irue:

* While you do not have to pay the amount in question, you are responsible
for the remainder of your balance.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

To use this right, all of the following must be true:

2.You must have used your credit card for the purchase. Purchases made
with cash advances from an ATM or with a check thal accesses your credit
card account do nol qualify.

3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the
purchase, contact us in writing at: Comenity Capital Bank PO Box 182620,
Columbus, Ohio 43218-2620.

BALANCE COMPUTATION METHOD. We calculate interest separately for
each type of balance on your account using a "Daily Balance’ to determine
interest charges for each billing period. We figure the interest charge on
your account by applying the periodic rate to the “daily balance” of your
account for each day in the billing cycle, To get the ‘daily balance" we take
the beginning balance of your account each day, add any new purchases,
advances, fees and balance transfers, and subtract any payments or credits
(treating any net credit balance as a zero balance). This gives us the daily
balance,

PAYMENTS. Pay your Account by the payment due date by the time listed below.

RECEIVED NYSCEF: 06/28/2021

CREDIT REPORTING, We may report information about your account to
credit bureaus, Late payments, missed payments, or other defaults on your
account may be reflected in your credit report.

NOTICE OF CREDIT REPORT DISPUTES I! you believe the account

information we reported to a consumer reporting agency is inaccurate, you

may submit a direct dispute to Comenity Capital Bank PO Box 182120,

Columbus, Ohio 43218-2120. Your written dispute must provide sufficient

information to identify the account and specify why the information is

inaccurate:

* Account Information: Your name and account number

* Contact Information: Your address and telephone number

* Disputed Information: Identify the account information disputed and
explain why you believe it is inaccurate

* Supporting Documentation: If available, provide @ copy of the section of
the credit report showing the account information you are disputing

- We may accept payment sent to any other address without losing any of
our rights.

- No payment shall operate as an accord and satisfaction without prior
written approval

CUSTOMER SERVICE. Visit comenity.net/bjs or call 1-855-269-1622 (My
BJ's Perks Mastercard) or 1-844-27 1-235 (My BJ's Perks World
Mastercard) (TDD/TTY 1-888-819-1918).

TELEPHONE MONITORING. To provide you with high-quality service, phone
‘communication with us is monitored and/or recorded,

Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus,
Ohio 43218-3003.

Send all bankruptcy notices and related correspondence to Comenity
Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohio
43218-3043

If we do not receive your payment in a correct format (outlined below) it

may not be credited to your Account for up to five days, or may be rejected. Also, your payment must reach us by the payment cutoff time that applies to
the payment method you select. This card is issued by Comenity Capital Bank pursuant to a license from Mastercard International Incorporated, Mastercard

is a registered trademark of Mastercard International Incorporated.
Correct Format. Correct format for different payment methods include:

Mailing or Overnight: Send a personal check, money order, traveler’s check or cashier's check payable in U.S. dollars, to the name and address shown on
this Statement in the payment stub area containing your balance and minimum payment amount. Be sure fo include your payment stub, do not staple or
clip your payment to the stub, include your account number on your check, use the erwelope provided with your Statement, send one payment with one
payment stub and do not send any correspondence with your payment, You should overnight a payment to 6550 North Loop 1604 Fast, Suite 101, San
Antonio, TX 78247-5004 and the additional format requirements are the same as other mailed payments unless there is a dispute, in which case you follow

the Payments Marked "Paid in Full" section above.

Do not send cash or gift certificates. Pay By Phone: You can call us toll free at 1-855-269-1622 (My

BJ's Perks Mastercard) or 1-844-271-2538 (My BJ's Perks World Mastercard) (TDD/TTY: 1-888-819-1918) to make a payment by telephone, which may

include @ fee, Online: You can make payment online at comenity.net/bjs.

New Information

Title (optional) First Name

Last Name

Soc. Sec. No.

Street Address

Apt. No. RR
City

State

Zip Code

PO Box
Foreign Map Code

Home Phone

Work Phone

Email Address

11-of-26D: VIN Nee OMAR? 22919
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/28/2021

PAGE 3 OF 4

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the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
appropriate steps, as permitted and available under applicable law, to protect our interests

You may be required to have your full credit card account number readily available when enrolling in
Account Center or paying your bill through online bill pay or eBill, or by phone. Your account number can
be found on your credit card.

Consumers are entitled to one free credit report per year. To request yours call 1-877-322-8228 or visit
annualcreditreport.com

45101013 00029159 §35876201012457b 000058500 o002b0e44

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NYSCEF DOC. NO. 12 ve {4 40

4235)
RECEIVED NYSCEE: 06/28/2021
Your My BJ’s Perks” Mastercard” or My BJ’s Perks™ World Mastercard’ Credit Card account agreement.

This card is issued by Comenity Capital Bank pursuant to a license from Mastercard. Mastercard is a registered
trademark of Mastercard International Incorporated. This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information about using and managing your account, including a
Privacy Statement and information concerning your billing rights. Your use of the account, or failure to close the account
within the 30 days of receiving this document, indicates your acceptance of the terms of this agreement, including the
assessment of any interest charges and fees.
Section | of this Agreement also includes a Jury Trial Waiver and an Arbitration Provision in the event of a dispute.
e You havea right to reject this Arbitration Provision.
* — If you do not reject this Arbitration Provision, it will be part of this Agreement and will:

o Eliminate your right to a trial by jury; and

o Substantially affect your rights, including your right to bring, join in or participate in class proceedings.
* — Section | does not apply to Covered Borrowers under the Military Lending Act. See Section J below.

Please read each section carefully and keep this document for your records.
In the following sections, you will find information on:

Financial terms of your account: An at-a-glance summary of the fees and charges associated with your account

Getting started: the basics of your account

Keeping your account in good standing: avoiding default, and what to do if your card is lost or stolen, as applicable

Learning more about your account: credit plans, credit limits, and how payments are calculated and applied

Interest, fees and charges: when and how fees and costs are applied to your account

Other important information: legal rights, costs, and how we'll handle changes to your account

Disputes and reporting to consumer reporting agencies: data we provide, and receive from, consumer reporting agencies, and what to do if

you think there is an error on your periodic statement

G. Optional products: how to protect your account from fraud or theft, and information on services that can help pay your debt in case of
emergencies

H. Communicating with us: what happens when you contact us

1. Arbitration and jury trial waiver: how we'll resolve disagreements, including a jury trial waiver and Arbitration provision

J. Important Information for Covered Borrowers under the Military Lending Act

m™moo@Dp

Privacy statement: how we collect, use, share, and protect your personal information; and the privacy choices you can make.

Financial terms of your account

Tete ma Celie e Oar le tet}

Annual Percentage Rate (APR) for | 26.99%

Purchases This APR will vary with the market based on the Prime Rate.

APR for Balance Transfers and Cash | 28.99%
Advances This APR will vary with the market based on the Prime Rate.

Your due date is at least 23 days after the close of each billing cycle. We will
not charge you interest on purchases if you pay your entire balance by the
due date each month. We will begin charging interest on balance transfers
and cash advances on the transaction date.

Paying Interest

Minimum Interest Charge If you are charged interest, the charge will be no less than $2.00 per credit
plan

For Credit Card Tips from the To learn more about factors to consider when applying for or using a

Consumer Financial Protection credit card, visit the website of the Consumer Financial Protection Bureau

Bureau at http://www.consumerfinance.gov/learnmore.

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TT TIO TTT ST

* Annual Fee None

Transaction Fees

«Balance Transfer The greater of $10 or 3% of the amount of the balance transfer.

* Cash Advance The greater of $10 or 5% of the amount of the cash advance.

* Convenience Checks The greater of $10 or 5% of the amount of the convenience check.
¢ — Foreign Transaction 3% of each transaction in U.S. dollars.

Penalty Fees
* Late Payment Up to $38.00
e Returned Payment Up to $38.00

How We Will Calculate Your Balance: We use a method called “daily balance.” See your account agreement for more
details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your
account agreement.

Comenity Capital Bank 1-855-269-1622 for My BJ’s Perks Mastercard or 1-844-271-2535 for My BJ’s Perks World Mastercard (TDD/TTY 1-888-819-
1918)

New York Residents: New York Residents may contact the New York state Department of Financial Services by telephone or visit its website for free

information on comparative credit card rates, fees, and grace periods. New York Department of Financial Services 1 (800) 342-3736 or

www.dfs.nv.gov.

Rate Information: The following chart provides details on your variable rate as of November 1, 2018. We divide the APR by 365 to determine the daily
eriodic rate.

‘Add to Index APR Daily Periodic Rate
Purchase APR 21.74% 26.99% 0.07394%
Balance Transfers and Cash Advances 23.74% 28.99% 0.07942%

If this Agreement was provided to you at point of sale, see the Agreement sent with your new account welcome package for variable APR information
in effect within 30 days of mailing.

We'll charge you a minimum interest charge of $2.00 per credit plan for any billing period in which interest is due. For additional information, see
Rates in Section D.
Minimum Payment: The Total Minimum Payment is the total of minimum payments for Regular Revolving, Cash Revolving and promotional Credit
Plans plus any Past Due amounts. The Total Minimum Payment on your Account won't be less than $30.00. If your Account balance is less than $30.00,
you must pay the amount indicated on your statement in full. The minimum payment for each Regular Revolving and Cash Revolving Credit Plan will
be:
+ Thegreater of:
© 1% of the New Balance, excluding any new Regular Revolving or Cash Revolving Credit Plan interest charges shown on your statement; or
° $5.00
‘+ Plus any new Regular Revolving or Cash Revolving Credit Plan interest charges shown on your statement rounded up to the nearest $1.00.
See Minimum Payment in Section C below for promotional Credit Plan minimum payment calculations.
The APR information described is accurate as of November 1, 2018, Due to a change in the index, this information may have changed. To find out
more, call us at 1-855-269-1622 for My Bl’s Perks Mastercard or 1-844-271-2535 for My BI's Perks World Mastercard (TDD/TTY: 1-888-819-1918), or
write us at Comenity Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003.

A. Getting Started

Definitions

Inthis Agreement, “We,” “Us” and “Our” mean Comenity Capital Bank and any successor or assign. “You” and “Your” mean each person who submits
an application or solicitation for an Account with us. “Account” means your credit card account with us. “Card” means each credit card we issue for
your Account, as applicable. “Credit Plan” means one or more payment program options BJ's Wholesale Club, Inc. may ask us to offer from time to
time.

Upholding your Agreement

‘+ You agree to the terms of this Agreement, and promise to do everything required of you. If you sign or submit an application or solicitation to
obtain credit from us, you'll be legally bound by this Agreement. You're also legally bound if you sign a charge slip, or permit someone else to
use the credit provided.

+ You agree that the credit extended under your Account will be used only for personal, family or household purposes and not for business or
commercial purposes.

* If the Account is a joint Account, you and the joint Account holder will be bound by this Agreement, Each of you will be jointly and individually
responsible for repaying all amounts due. If more than one person is responsible for this Account, we may only provide billing statements and
communications to one of you.

* One additional Card may be issued with the individual name of an authorized user embossed on the Card. if you want to revoke the use of your
Account by an authorized user, either write us at the address, or call us at the phone number, shown on your statement.

+ Youagree to pay for all transactions made on your Account by an authorized user, whether or not such transactions were authorized by you or

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NYSCEF B@CsignBiOre (ak 2pplicable) RECEIVED NYSCEF: 06/28/2021

For your own protection, please sign your Card before using it. Keep in mind that your signature on the Card isn’t a prerequisite to your obligation to
pay amounts incurred on your Account.
Using your Account

‘* Your Account may be used to make purchases from anywhere Mastercard is accepted.

© We reserve the right to not honor transactions related to, including, but not limited to, gambling, automated teller machine (ATM) usage at
casinos, and illegal activities.

* You may obtain a loan from us under your Account by using your Card or a convenience check as follows: by purchasing goods or services with
your Card or your Account number; by obtaining a cash advance from a financial institution, by use of an ATM; by using a convenience check;
or, by incurring charges authorized by this Agreement.

+ From time to time, in our sole discretion, we may send you convenience checks for use in borrowing under this Agreement. All convenience
checks you use will be treated as cash advances under this Agreement, and subject to the terms and fees that apply to cash advances, unless
we advise you otherwise.

+ You agree that convenience checks that you use will not be returned to you.

* You may not use the convenience checks to make payments on any account you have with us or our affiliates.

+ You agree not to use a convenience check, and we do not have to pay any convenience check:
© ifyouare in default under this Agreement;
© if payment of that convenience check would cause your outstanding cash advance balance to exceed your cash advance limit; or
© if we cancel or suspend your right to use convenience checks

+ From time to time, in our sole discretion, we may offer you the ability to transfer account balances from other credit card accounts you may
have to the Account. We may, in our sole discretion, offer promotional plans for such balance transfers.

* You may use the Card to obtain cash advances through certain ATMs. You will need to call us at 1-855-269-1622 for My BJ's Perks Mastercard
or 1-844-271-2535 for My Bl's Perks World Mastercard (TDD/TTY 1-888-819-1918) to request a Personal Identification Number (PIN) which must
be used in order to obtain an ATM cash advance.
© Some limitations on ATM cash advances may apply, such as limitations on dollar amount, number, or currency denominations.
© Youagree that any charges imposed by third parties for use of their ATM facilities will be added to your Account balance as a cash advance.

* You may use your Account for “Quasi-Cash” transactions which are the purchase of items that are convertible to cash or using the Account for
similar cash-like transactions, such as the purchase of money orders, traveler's checks, Visa TravelMoney Cards, or to initiate wire transfers or
gaming transactions (if permitted by us). Quasi-Cash transactions are cash advances and will be subject to a Cash Advance Fee as explained
below.

+ Ifyou make a purchase or obtain a cash advance in a foreign currency, it will
be converted by Mastercard into U.S. dollars in accordance with Mastercard
Operating Regulations in effect at the time the transaction is processed.

o Thecurrency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.
© The currency conversion rate used may be the same as, greater than, or less than the amount that would be calculated by conversion
through a financial institution in the country in which the purchase or cash advance occurred.

Making payments

* You promise to pay at least the Total Minimum Payment on or before the Payment Due Date each billing period.

+ See the back of your statement for details about payment options, requirements, restrictions and crediting.

+ Allwritten communications concerning disputed amounts, including any check or other payment instrument marked with “payment in full” or
similar language, must be sent to 6550 North Loop 1604 East, Suite 101, San Antonio, Texas 78247-5004.

0 We may accept a payment sent to any other address without losing any of our rights.
© Nopayment shall operate as an accord and satisfaction without our prior written approval.
B. Keeping your account in good standing

Avoiding default

You'll be in default under this Agreement if you:
+ Fail to make any payment when due

* Violate any provision of this Agreement

Pass away

Become the subject of bankruptcy or insolvency proceedings

+ Supply us with misleading, false, incomplete or incorrect information

Are unable or unwilling to perform the terms or conditions of this Agreement

Fail to supply us with any information we deem necessary

* Default under any other loan or agreement you have with us or any of our affiliates

* Become incompetent

* Exceed your Credit Limit

+ Issue a payment returned unpaid by your ban

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