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  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Patricia WilliamsOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

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FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A. (Debt Buyer Actions) STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) Account Holder: PATRICIA WILLIAMS Account #: ending in 4170 SSN/EIN/TIN #: xxx-xx-1718 The undersigned, being duly sworn, deposes and says: 1. I am an employee of Citibank, N.A. ("Citibank"), an Original Creditor as defined in Section 202.27-a of the New York Uniform Civil Rules forThe Supreme Court and The County Court, and I have personal knowledge of and access to Citibank's books and records ("Business Records"), including elcetronic records, relating to a pool of charged-off consumer credit accounts sold or assigned by Citibank to Cavalry SPV I,LLC ("Debt Buyer"), on 08/23/2019 (the "Sale"), which inciüded the account 4170 ("Account") of the consumer PATRICIA WILLIAMS ("Consumer") identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Citibank assigned allof itsinterest in the Account, including the right to any proceeds from the Accounts, to Debt Buyer, and Citibank transferred business records relating to the Account to Debt Buyer. A true and correct copy of the bill of sale which pertains to the Account is attached as an exhibit to thisaffidavit. 2. In my position, I also have personal knowledge of Citibank's procedures for creating and maintaining Citibank's business records pertaining to the Account ("Business Records"), including Citibank's procedures relating to the sale and-assignment of consumer credit accounts. Citibank's Business Records were made in the regular course of business and itwas 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 Citibank's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. Citibank and Consumer were parties to a credit agreement ("Agreement"), the terms of which are reflected in the last statement sent to Consumer Citibank prior to charge- billing by off, which is attached hereto as an exhibit. Consüñwr agreed to pay Citibank for allgoods, services and cash advañces provided pursuant to the Agicement. The date and the amount of the last payment, ifany, 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 Citibank. A true and correct copy of the Agrccmcat is attached as an exhibit to this affidavit. 1 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 4. At the time of the Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which exhibits may also show the name of Consumer; the last four digits of the Account number, the date and amount of the charge-off balance; the date and amount of the last gayumut, ifany; the total amounts, ifapplicable, of any post-charge-off interest and post-charge-off fees and clairges; any post-charge-off credits or payments made by or on behalf of 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. I solemaly affirm under the pena!6es of perjury and upon personal knowledge that the cesterns of the foregoing paper are true. EXECUTED on J () , 20.J_@. Signature Connie Campbell Name STATE OF MISSOURI ) ) as. COUNTY OF PLATTE ) Subscribed and sworn to before me by _ço-p lecamdelj this day of 20 . CAROLYN E HUGHES Public See Notary My commission expires: Personally known _ OR Produced identification Type of identification produced: as Emsw B * 2 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 CERT1FICATE OF CONFORhiITY I, Frahnaaz Shoukatali. an attomey-at-law of the State of Missouri who is licensed to practice law in the State of Missouri and is fully acquainted with the laws of the State of Missouri pertaining to the acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgement or proof upon the foregoing document was taken by Carolyn E. Hughes. a notary pubile in the State of h4issouri, in the manner prescribed by the laws of the State ot Missouri and confonus to the laws thereof in allrespects. IN WITNESS WHEREOF, I have hereunto set my signature, this day of September, 2019 Missouri Bar # 68388 Frahnaaz Shoukatali 3 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 Conknot ID: CVilMUMAAO21819 Document ID: CV8MUMAAO22119C2 Document ID: 081319CV 1MU3FMB1 BILL OF SALE AND ASSIGN1¼ENT THIS BILL OF SALE AND ASSIGNMENT dated August 23, 2019, is by Citibank, N.A., a national banking assüciüiica organized under the laws of the United States, located at 701 East 605 57117 to SPV Street North, Sioux Falls,SD (the "Bank") Cavalry 1, LLC, organized under the laws of the State of Delaware, with itsheadquarters/principal place of business at 500 Summit Lake Drive, Suite 400, Valhalla, NY 10595 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated Febmary 18, 2019 and Addendum No. 2 dated February 21, 2019, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell,assign, convey. grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 to the Addêüdü= and the finni electronic file. Citibank, N,A. (Signature) asyeewbsi Name: Title: Authorized Party . Cavaky 021859 4 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 Contract ID: CV8MUMAAO21819 Document ID: CV8MUMAA022119C2 Document ID:081319CV l MU3FMAl Exhibit 1 The individual Accoua.ts transferred are described in the imal siêctrañic fileand delivered by the Bank to Buyer, the same deemed aiiadied hereto by this reference. # of Lot Sale ID Accounts Sale Balance Cut-Off Date Brands OS1319CV1MU3FM 08/13/2019 Fresh Flow Cavaky 021819 5 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 PATRICIA W1LUAMS www.ettleards.com Member Since 2017 Account nur-borending 19:4170 Customer Servica 1•866-69&5673 Bi ingPeriod:06/t4/19•07/11/19 TTY-hearing-irrpairedservicesonly 1-800-325-2865 BOX 65005IOUX FALLS, 50 57117 JULY STATEMENT Account Summary Minimum payment due: $10,82337 Previous balance $10,822.72 New balance as of 07/11/19: $10,823.57 Payments •$0,00 Payment due date: 08/09/19 Credits •$0.00 See the ast nae of this statemeM forlinoorta© inDwation about how to Purchases +$0.00 avoid on purcnases. paying inferest Cash advances +$0.00 Fees +$0.00 Interest +$0.85 War balance $10,823.57 'Mrer Payment Warning:Ifyou make on'ythe stmimum payment each period,you wil:pay more in inbrestand it wii. take you longertopay offyour balance.For example· Credit Limit 15you make no additional ! You will pay off the And you wilt end up Credit timit $11,200 charges ostagthiscard ; balanceshown on this an estimated Includes53,400cash advance thnit and each month you pay- statement in about... I- Only the min mum payment 1roo this) $10.824 For information about cr&dettoonsergseave, cain377-337-8168New York residents ma Banken contact the New Y©4 5tate apartment to obtain a comparative It card rates, fees ad listing of cre grace aerledsy ca11c.g1·B77-2264697. Savings Spotlight Your Citi Simplicity Lifetime Savings: $3,779J6 See page 3 to view your Savings Summary. P Pay your blit from anywhere virtually Mobild' M'nhaum payment due $10,823.57 with thecltt App and citP online New balance $10,823.57 To download' Text 'ApplS$ to MyCRI (692404) Payment due date 08/09/19 or go to your device%app 3%ft. or vanwww.ealeards.com Amount enclosed: 030000 M 32 A O Account number ending in 4170 PATRICIA WILLIAMS CITI CARDS 783 TAFT ST PO Box 70166 NORTH BELLMORE NY 11710-1219 PhiladelphiaPA 19176-0166 15009 1082357 1082357 0020000 51170 0'i03 6 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 www.elticards.com Custeer Service 1-666-696-5673 Page 2 of 3 TTY-hearicq impaired serviceson y 1-800-325-2865 PATRICIA WILLIAMS Account Summary re Trans PW dat e ate Dhmr i × Amognt rees energ,a Savings Spotlight Totalfees charged In this period $0.00 Your Citi Simplicity® bliting Savings Summary Interest charged From This Period: Billing Date Description Arnou"t O Interest: $158.87 . .-.-.. ......-................................... ...... ...,-.-...... _.-..-..-....__ ___.-.... 07/11 INTEREST CHARGED TO STANDARD PURCH 50,85 Totalinterestcharged in this period bliling $0485 2019 totals year-to-date Totalfees charged in 2019 $Q.00 . ....-.-..-...............-...-...-.-.--. ...-.-..-....-.....--.-.........-. -...-.-.-. Totalinterestcharged in2019 $0.85 TOTAL Interest charge calculation Days In billing cycle: 28 SAVINGS Annual percente e Balancesubject Balancetype rate (AP ) tointerestrate lattrestcharge .- ..... ... - .. . ...-..-. . -. . fyRCH E5_,_ Standard Parch 0.00% $1,61839 (0) $0.00 .E pired 07/ 0/19) ..3.. 0DEC. Standard Parch 19.24% (y} $1.61839(0) $0.85 CITI SIMPLICITY LIFETIME SAVINGS: (5tandard Purchase -..._.-....-.- BalTmOf for 4 Rate After .- - - - 07/1c /19) - --...- .......------ - +- e . 0.00% $9.20433 (O $0.00 . G Ba Tra er Ra e .. acy 16/19) -..--- .--.--.....-.....- --..... See Accousit Messages ADVANCES -.--.-.-.-.-.------.- ------ - -- for more information about StandardAdv 19.24% (V) $0.00 (D) $0.00 Savings Spotlight Rate (APRr is the annual laterest Your Annual Percentage rate on your account. APRs foi owed by (0) ate de*ermined by (V) may vary. Balances followed by the cally balance method transactionss current (including Account messages important changes are coming to some of your Card Benefits. The following is a summary of changes that arebeing made toyour card benefits. Ef fective September 2 2019, Worldwide Car Rental Insurance, frip Cancellation & litterruptionProte lon, Worldwide Travel Accident insurance, Citi'Price Rewind, and 90 Return Protection willbe discontinued and will Day no longer be provided forpurchases made on or after thatdate. Coverage for purchases made before that date willcontinue tobe available,and you may continue tofilefor benefitsin accordance with the current benefit terms.We are making these changes so thatwe can continue providing thekey benefits that our customers use and value most at no additionalcost. Thischange requires no action an our part. If youhave any questions,please callthe number on the back o your card. As a cardmember, you willcontinue toreceive a range of other card benefits FICO® Credit Citi® Theft and Citi including Score, identity Solutions, Entertainment. For more information on card benefits, visit . cardbenefits.citi.com. 7 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 www.citleards.com Customer Servico+866-696-5673 Page 3 of 3 TTY-hearirgimpaired servicesonlyF800-325-2863 PATRICIA WILLIAMS SAVINGS SPOTLIGHT DETAILS INTEREST: ifyou have promotional balances on your account, we have estimated your savings.This savings is thedifference betwasa theinterest that was assessed a ast the promotional balances using the promotional APRs and the esti ed interestthat would have been assessed against these same b±ncas usingthe Enhanced Purchase APRs. This savings amount does not include any balance transferfees. Thissavings is from your billingperiod covered by thisstatement. NO LATE FEE: Savings on late feeis determined by raviswing your payments and calculating what your latefee would have been on our card without this benefit If ou paid latepriorto May 2014,savings on lae fee is determined by using a $1 latefee (ifyour minimum payment due was lessthan $15, weused that amount as the savings amount). This sawmgs is from your billingperiod covered by thisstatement. CITI EASY DEALS: If youmade a purchase on CitiEasy Deals,your savings is the dif ferencebetween the retailprice and the priceyou paid.This savings is from the priorcalendar month. CITIPRICE REWIND: Ifyou received a CitiPriceRewind refund, savings isthe refunded amount. This savingsis from the priorcalendar month. CITI 5IMPLICITY LIFETIME SAVINGS: The savings from interest.no latefee, CitiEasy Deals and CitiPriceRewind since you became a CitiSimplici cardmemb£r. This savings amount does not include any balance trans erfees. Please note thatifwe received your pay by phone or online payment between 5 p.m. ET and midni ht ET on the lastday of your billingperiod,your payment willnot be reflect untilyour next statement. Please be sure topay on time. If yousubmit your payment by mail,we suggest you mailitno laterthan 08/02/ 2019 to allow enough time for regularmail to reach us. ©2018 Citibank, N.A. Citi,Citiwith Arc Design are registered servicemarks of Citigroup Inc. 8 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 PATRICIA WILt.1AMS www.citicards.com Member State 2C7 Accst su+ber end ng n: 417 customer service 1•a66496-5673 Period:05/14/19-06/13/19 Bil·:ng TY mpa!red services 1-800 326 2865 hearing only BOX 6530 SIOUX FALLS, SD 5707 Your account Ispast due. Please pay at JUNE STATEMENT least the minimum payment due, which Minimum payment due: $1,127.00 includes a past due amount of $965.00. New balance as of 06/13/19: $10,822.72 Payment due dete: 07/09/19 Account Summary a st g e t I .forin portant tormator abe -t how to atdn$Z Previous balance $10,822.72 Payments -50.00 Credits -50,00 Purchases +$0.00 MinimumPayment f youmake the minrrnum payment each Cash advances +$0.00 Warning onïy period,you wN pay more and it w i in interest take ycu knqwr tr pay ofIycu Fees +$0.00 balance.For example: Interest +50.00 If youmake no addit!en:! | You w111pay off the 1 And you w18 end up New balance $10,822.72 charges usingitdscard balanceshown on this an estimated and each month you pay- statement In about- f. Credit Limit only the minimum payment 26 yearN . 525.391 Credit limit $11,200 Includes$3300 Pash advan e mit For Information counseen about tredit servl:cs.cah1-877·337-8188New YGrk re dents ma contad IceNew York State Bank.Department to ablain a emperative is ing of cre it c.Trdrates, feesand gra;epe:LA y ca ngt877•226.5697. Savings Spotlight Your Citi Simplicity Lifetime Savings: $3,6 20.29 See page 3 to view your Savings Summary. Pay your bill from anywhere virtually Minimum payment due $1,127.00 with theCitiMobli# App and CitPOnilne ΰft°""ApŸUPtoNyetH (692484) Payment due date 07/09/19 w got-yourdevice's appstore, Cevisit www.citicards4em Amount enclosed: MC 32 A O Account number ending in 4170 000000 PATRICIA WILLIAMS CITI CARDS 783 TAFT $7 PO Box 70166 NORTH BELLMORE NY 11710-1219 Phliadelphia PA 19176 0166 15009 0112700 1082272 0020000 8670 090 3 9 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 www.elticards.com Customer Service t•a66-696-5673 Page 2 of 3 TTY hearing impa;red servicesoxy 1 800 325 2865 PATRICIA WILLIAMS Account Sumrnary Trans. Post date date Description ' Amount -...-..............--.- ...-..-.........- ...,. ... . -.......... . .. .. .. ....- ..... . .. Fees charged Savings Spotlight In this so.oo Your Simplicity* Totat feescharged period billing Citi Savings Summary Interest charged From This Period: aginag Totalinterest charged in this period billing $O.00 O interest: $176.84 No Late Fee: $35.00 2019 totals year-to-date Totat fees charged in 2019 $0.00 ... .....-.-...-...-.......-..............-.-.---....-. ...... ..... ...- .. . . ...... . Total laterestcharged in 2019 $0.00 Iraterest charge calculation cays in bi ing cyc e:at 2°" A5"°*'?"f''aR.3**!.tApus an antagfate on yow moon Balance TOTAL Annual percenta e subject Balance type rate (AP ) toInterestrate interestcharge SAVINGS . UA5ES Standard Purch 0.00% $1.618.39 (D 50,00 Rate Expires 07/10/19 (Introductory .ate pl es O 6 9 i,. . ADVANCES $3,620.29 Rate (APR) is the annual interest Your Annual Percentage rate on your account. APRs followed by (0) are determined by (V) reay vary. Balances followed by the daily ha an e method See Account Messages Oncluding current transactions). for more information about Account inessages Savings Spotitcht SAVINGS SPOTLIGHT DETAILS INTEREST: If you have promotional balances on your account, we have estimated your savings. Thissavings isthe dif ferencebetween the interest that was assessed against the promotional balances using the promotional APRs and theestimated interest thatwould have been assessed against these same balances using the Enhanced Purchase APRs. This savings amount does not include any balance transfer fees.This savings isfrom your period billing covered by thisstatement. NO LATE FEE: Savings on late fee is determined by reviewing your ayments and calculating what your latefee would have been on our card w thout this benefit.If ou paid latepriorto May 2014, savings on lae fee is determined by using a $1 latefee (ifyour minimum payment due was lessthan $15,we used that amount as the savings amount). Thissavings is from your billingperiod covered by thisstatement. CITI EASY DEALS: 11you made a purchase on CitiEasy Deals, your savings is the dif ferencebetween the retailprice and the priceyou paid.This savings is from theprior calendar month. CITI PRICE REWIND: If youreceived a CitiPrice Rewind refund,savings ' isthe refunded amount This savings is f rom the prior calendar month. CITI SIMPLICITY LIFETIME SAVINGS: The savings from interest,no latefee, CitiEasy Deats and CitiPrice Rewind sinceyou became a CitiSimplic cardmember. This savings amount does not includeany balance trans fees. Please note thatifwe received your pay by phone or online payment between 5 p.rn.ET and midnight ET on the lastday of your billingperiod,your payment willnot be reflected untilyour next statement. 10 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 www.citicards.com Customer Service 1-066-896-5673 Page3cl3 TTY-hearing•!rrpairedservicesonly1-800-325-2865 PATRICIA W4LLIAMS Please be sure to pa on time. if yousubmit your payment by mail,we suggest you maid itno later t an 07/02/2019 to allow enough time forregular mail to reach us. 42018 Citibank, N.A. Citi,Citiwith Arc Design are registered service marks of Citigroup inc. 11 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 4170 SA1.E5EGMENT PRODUGT IDENT1FRER CODE . PROpUCT_DijSCRiMON_ 5ALE ID OB1319 CV1M U3 FM SALE AMOUNT $ 10, 82 2. 72 PRINGlPAL PRE CHARGAPOFF INTEREST PilEGHARGE OFF EEES POST CHARGE Of!F INTERiiST QtARGE OFF BA14N $10,823.5) I BAEAN ccounr OPEN DATE DEF4ULT DATE GHARGE OFF DATE 11-M-15 { RAST PAYMENT AMOUNT $200,00 † tAST PAVMi!NT DATE 19-Nov-10 1AST PURCHA55•AMOUNT 1AST PURCHASiE D_&TE 07-Jan-1 LAST BAp‡is TRANSFER &MOUNT LAST 1BALANGTRANS R DATE (AST CASH ADVA8lGE SMOUNT LAST CASH ADVANGBDATE TOTAL PAYMENTS POST CHARGE QFF TOTAL NSF POST CHARGE OFF 10T4 CREDITS POST CHAREE OFF CONSUMER FIRST AND MtDDLENAME PATR10/ CONSUMER 145T NA E W1LR CONSUMER BliSIDENG ADDRESS 1 CONSU.MER RESIDENCE ADDR1!SS 2 CONSUMER RESIDENG Off CONSUAGER STATE capsuivtER mP cong CONSUMiiR RESID CONSUMi!R RESIDENCE PHONE BAD NÇMBER INDiCATOR CopsuMERssNonsp CONSUAGER 8IRTH DATE AWARENES5 1NDICATOR ATTORNEY NAME ATTORNEY PHONE ATTORNEY ADDRESS 12 of 13 FILED: NASSAU COUNTY CLERK 11/20/2020 11:43 AM INDEX NO. 606231/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2020 ATroRNEY GTY ATTORNEY STATE ATTORNEY ZIP CODE 88NKRUPTGY OfAPTER BANKRUFrGY FRR DATE BKPROOF OF QAIM PRINGPAL BK PROOF OF GAIM INTERI5T 85 PROOF OF QAGM FEE aggiKRUPrGY GASE.NUMBER samgUPTGT TRUSTI!E co-BOR80MR:FIRST AND MIDD E ca.moRnoweRLAsrNAwn N OR SIN !LTEACCO NT NUyBER1 PRIOR ACCOUNT NUMBER1 PRIOR ACCOUIWF NUMBER B PRI.0R ACCOURT'NUligBER 4 PRIOR ACCOUBJIPNU 5 UINDING_UMIL1 LENDING isvEL 2 13 of 13