arrow left
arrow right
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc, a/a/o Citibank, N.A. v. Simone Y HendersonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

Preview

FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A. (Debt Buyer Actions) STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) Account Holder: SIMONE Y HENDERSON Account #: ending in 2537 SSN/EIN/TIN #: xxx-xx-3100 The undersigned, being duly swom, 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 for The Supreme Court and The County Court, and I have personal knowledge of and access to Citibank's books and records ("Business Records"), including electronic 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 included the account 2537 ("Account") of the consumer SIMONE Y HENDERSON ("Consumer") identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Citibank assigned allof its interest 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 billof 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. Consumer agreed to pay Citibank for all goods, services and cash advances provided pursuant to the Agreement. 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 Citibank. A by true and correct copy of the Agreement is attached as an exhibit to this affidavit. 1 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 4. At the time of the Sale, Consumer owed the emount 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 lastpayment, ifany; the total amounts, ifapplicable, of any post-charge-off interest and post-charge-off fees and charges; any post-charge-off credits or payments made by or on behalf of Consumer; and the balance due atthe time of the Sale. The above statements are true and correct to the best of my personal knowledge. I solemnly affirm under the penalties of perjury and upon personal knowledge that the ecateñis of the foregoing paper are true. EXECUTED on , 20 . Signature Name STATE OF MISSOURI ) ) as. COUNTY OF PLATTE ) Subscribed and sworn to before me by AarilPavne this day of , 20 [SEAL] CAROLYNE.HUGHGS Notary Pubbe pu31;c. go norary a,y 3,,g stateo1Missouri,Jackson County Cornm,ssion # 14927304 My commission expires: uy commission Expires 4sn 28.20a2 Personally known OR Produced identificaÃn Type of identification produced: 2 2 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 CERTIFICATE OF CONFORMITY 1, Frahnaaz, Shoukatali. an attorney-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 C_plolyn E. Buebes. a notary public in the State of Missouri, in the manner prescribed by the laws of the State o Missouri and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this _ L icy of September, 2019 Missourr diir # 68388 Frahnaaz Shoukatali 3 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 Contract ID: CV8MUMAAO21819 Document ID: CV8MUMAAO22119C2 Document1D:08t319CV1MU3FMBE BILL OESALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated August 23, 2019, is by Citibank, NA., a nationni associatics organized under the laws of the United States, located at 701 East banking 60*Street North,Sioux Falls,SD57117(the"Bank")toCavalry SPVI,LLC,organizedunderthe laws of the State of Delaware, with its headquarters/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 February 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 Addendum and the final electronic file. Citibank, N.A. By Name: asy d (Signature) Title: Authorized Party Cavaky U21819 4 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 Contract ID: CV8MUMAA021819 Document ID• CV8MUMAAO22119C2 Document ID:081319CVIMU3FMAl Exh1%it 1 The individual Acccents transferred are described in the flinalelectronic fileand delivered by the Bank to Buyer, the same deemed attached hereto by this reference. # of Lot Sale ID Accounts Sate Balance Cut-Off Date Brands 081319CV1MU3FM 08/13/2019 Fresh Flow Cavaky C21819 5 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 SIMONE Y HENDERSON www.eitteards.com Member Since 2017 AccoJnt number ending in; 2537 Customer Service 1-B00-THANKYOU0-800-842-6596) B8ilogPeriod:05/23/19-06/24/19 T TY-nearingimpa redservices F877 693·0218 only BOX 6500 5100X FALLS, SD 57N STATEMENT Account Summary JUNE due: Previous balance $4,980.83 Minlraum payment $4,99t93 New balance as of 06/24/19: $4,99t93 Payments $6t0 Payment due credits 50.00 date: 07/20/19 See the le.st pace of this statement forimportant information abouthow to Purchases +$0.00 avoidpaying htereston purchases, Cash advances +S0.00 Fees +S0.00 Late Payment Warningetiwe do not receiveyour minimum payment interest +$72.10 by the date listedabove,you may haveto pay a latefee of up to $39 and yourAPRs New balance $4,991.93 inay be Increasedup tothe PenaltyAPR of 29,994 Payment Warning:11you make the m'nimum payment each Credit Limit only period,you willpay more In interest and it will takeycu longerto pay offyour Credit Hmit S4,400 balance,For example: includes$1,400 caeadveram.t if youmake no additional You the wtil pay off And you will and up charges osingthiscard balance shown on this payingan estimated and each month yoti pay- statement in about- totalof... Only the minimum payment 1 month(s) $4,992 For in formation about credit counseling serviccall 1 877 337 8tSBNew York residents may contact the New York Stat e BanDepartmentto obtain a comparative of isting y call ng 1 877 226 5697. credil card rates, fees and grace geriods Pay your anifrom anywhers virtually M!nhm payment due $4,991.93 with theCittMoblhP App and Cit?" Onilne - New balance $4,991.93 To download: Text 'Appt55 to Myciti (692404) Payment due date 07/2O/19 cr go to your device's appstore. < visit wwwattleards.com Amount enclosed: Account number ending in 2537 000000 M 32 A . SIMONE Y HENDERSON CITA CARDS 1023 HAMPTON DR PO Box 70166 WEST HEMPSTEAD NY 11552•4128 PhiladelphiaPA 19176-0166 15009 0499193 D499193 0006100 2537 1605 6 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 settleards.com Customer ServicebG00-THANKY04#(1400-8424596) "TV hear nqweraired serv;cesora LS77-693-0218 sti ONE Y HENDER$oN Account Summary Trant Past e to date Descriptior. Amount Payments, Creditsand Ad]ustments 05/30 CNUNE PAYMENT.*HA'dK YC0 46*00 Fees charged Totat feesthwgedin thisbening pected interest charged Date 0cgrIpUar Amatnt 06/24 INTEREST CHARGED TO STANDA@ . . .-. ,. . . ... . ..... .- . PLRCH ... . .... . .... 51552 . ... C6i TE9EST CHARGE0 70 %RP440/95/te 55658 Total interestcharged In this bilgagperiod $7110 2019 totals year-to-date Total fees chargedla 2019 $191.00 Total laterest charged in2019 $372 93 Interest charge ce!ce!=tion oaysin eng cyde:as Armuel ercente e Balance ect Balance type a( ) toInterest ate Interestcharge PURCHA5ES 5tandard Purch 29.99%iv) 5572A5(D) $45.52 Par Pr tot518 14.24WV) $4,39525 (D) SSESS 5tandard Acv 2939% (yj 50.00{D) SO 00 four AnraalPe-entage Rate (APRhs the annuaintcrest "ate on your woualAPRSfo owed ty N) may varymances fctiovred ey p) by ti*e dahy oalace are determired trdhad Q0c eding current trarwad.ons). Account messages 2018 Citibank,NA. Citi,Citiwith Arc Design, CitiThankYou, ThankYou and CitiThankYou Rewards Design are registered servicemarks of Citigroup Enc. 7 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 SIMONE Y HENDERSON www.eiticards.com Member $1nce 2017 Account number ending lm 2537 Customer Service 1-800-THANKYOU(t-800-842-6596) Period:04/23h9-05/22h9 Billing TTY-hearing-impaired services caly1-877-693-0218 BOX 6£00 SIOUX FALLS. SD57117 Your account ispast due. Please pay at MAY STATEMENT least theminimum payment due, which Minimum payment due: $1,543.66 includes a past due amount of$809.86 and New balance as of O5/22/19: $4,980.83 an overtimit amount of $580.83. Payment due date: 06/20/19 See thelqst e of this stat ment forimportantinformationabout how to Account avo a pay ngn oces on pu ases. Summary Previous balance $4.877.66 Payments •$0.00 Late Payment Warning:11we do not receiveyour payrrent trinirr.um by the Credits -$0,00 date tistedabove,you may have to paya latefee of up to $39 and your APRs Purchases +S0.00 may be increasedup to thePenaltyAPR of 29.99‰ Cash advances +$0.00 M!•:!mem Payment Waming:lf you make theminimum payment each Fees +S39.00 only period,you wiltpay more in interest and it will takeyou longer to payoffyour Interest +$64.17 balance. For exernple: ' gew gggance 4 9g0,g3 if youmake no additional You will pay offthe And you ydit end up charges usingthiscard hatanceshown on this ayingan c:15a6 and each month you pay... statement in about... oralof... CTS Credit limit $4,400 Only theminimum payment 16 year(s) $9,088 includesSl,400cash advance limil For information about credd counselic:g service call t•877·33bS188New Yo:¾ residents ma contactthe New York State BankiDepartmentto obtain a comparative of $isting cre dcardrates, fees and grace periods y catung 1·B77-22&5697. Pay your bill trom virtuaHyanywhere Minimum payment due $1,543.86 wittitheCittMobile App and CitPOnline New balance $4,980.83 todownload: Text *Appt55 to MyCNI(492484) Payment due date 06/20/19 or go to your device's appstero Or visit www.eitleards.com Amount enelosed: 000000 MC 32 A O Account number ending in 2537 SIMONE Y HENDERSON CITI CARDS 1023 HAMPTON DR PO Sox 70166 WEST HEMPSTEAD NY 11552-4128 'Philadelphia PA 19176-0166 1500"I 015 4386 D14"18083 0008l=00 2537 1608 8 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 www.citicards.com Customer Service F800•THANKY000-800-842-6596) ea a of 2 TTY•hearing-impaired servicesOnly 1•S77 693·02P SIMONE Y HENDERSON Account Summary Tran Post cate date Descriptior Amount ... ._..... ...-.-.........- .......-..-.-...-...-...-....-..-.... ...............--........- Fees charged Date Descrstion Amount .. . ........ .... ....- ... -... ...... ...-... .......-...-. ,...-..-..-- ....- ... 05/22 LATE r EE • APR PAYMENT PA5T CUE $39.00 Totalfees charged hiligng period In this $39.00 Interest charged Date Desc6ption Amount 05/22 INTEREST CHARGED TO STANDARD PJR at 512.80 ...-... ...--..--....-.... ..-....-...-.. -.-................-...-...-..-.-.... 05/22 INTEREST CHARGED TO PUR PR-10/15/l8. $SL37 Totallaterestcharged in this bilimgperiod $64-17 2019 totals year-to-date Total feescharged to 2019 $191.00 .-... -..-..-....- -..-- ...... - -.-..........-...-.-........-........- Total interestcharged in2019 $300.83 Interest charge calculation oays in bimag eyele:ao Yª# 853°JAPR)15.tne aeuat sate on your account aterest A"""'M*="taS? Annual percenta14 Balancesubject Balance t to M es ate n ar PORCHAS StandardPurch g 99 (y $51932 (D) $12.80 Par Pr 101518 4 4 (y $4 L9.28(D) $5137 ADVANCES Standard Adv 29.99% (V · $0.00(D $0,00 Your AnnualPercentageRate (APR) is the annua ,nterest rate on your account. APRs followed by (V) may vary. Satances followed by 0) are determined by the da y balance method transactions). current (including Account messages Please note thatifwe received your pay by phone or online payment between 5 p.m. ET and midnight ET on the lastday of your billingperiod, your payment willnot be reflected untilyour next statement. ©2018 Citibank, N.A. Citi,Citiwith Arc Design, CitiThankYou, ThankYou and CitiThankYou Rewards Design are registered service marks of Citigroup Inc. 9 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 ACCOUNT NUMBER 2537 SALESEGMENT PRODUCT IDENTIFIER CODE PRODUCADESCRIPTION SALE'ID 081319CV1MU3FM SALE AMOUNT $4,919.83 PSINCIPAL PRE CHARGE OFF INTEREST PRE CHARGEOFF FEES POST CHARGE OFF INTEREST POST CHARGE OFF FEES ORIGINAL LOAN BALANG CHARGE OFF BALANCE $4,991.93 GURRENT BALANG ACCOUNT OPEN DATE DEFAULT DATE GjâRGE OFP DATE 24-Jun-19 LAST PAyMENT AM_OUNT $61.00 LAST PAYMENT DATE 30-May-19 LASTPURCHASEAMOUNT LAST'P,URCHASE DATE 18-Dec-18 LAST BALANCE TRANSIEER AMOUNT LAST'BALANCE TRANSFER DATE LAST CASH ADVANG AMOUNT LAST CASH ADVANG DATE TO_JALXYMENT5 POST CHARGE OFF TOTAL.NSF POST CEjARGE_O_FF TOTAL CSEDITS POST CHARGE OFF CONSUMER FiftSTAND MIDDIINAME SIMONEŸ CONSUMER LAST NAME HENDERSON CONSUMER RESIDENE ADDRESS.1 GONSUMIiS RESIDE_N ADDRESS 2 CONSUNIER_ RESIDENE CITY CONSUME&SiTATE CONSUMER ZIP CODE CONSU)flER RESIDENCE COUNTRY RESIDENGEPHONE GONSUMEII SSN ORSt§ 3100 GONSUMIiB.811tfM DATlI 4WAMINESSINDICATOR IANGUAGEINDIGATOR ATTGRNEY IAVIIFI AmRNEY N881E ATTORMSYPHONE ATIORNlif40DRESS 10 of 11 FILED: NASSAU COUNTY CLERK 12/02/2020 07:52 PM INDEX NO. 606239/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/02/2020 ATTOIINEY CRY ATTORNEY STATE ATTOIU[EY 2jIP CODE BANIGlURTCYsGHARTE_R BANIUtUPTGY FILE DATE BM PROOF OF CLAIM PRINCIPAL BK PROOF OF CLAIM INTEREST BK PROOF OF CIAIM FEE BANIUtUPTCY CASE NUMBER B&NKRUgrCY TRUSTEE CO-BORKO_WJR lilRSTAND MIDDLE NAME CO-BORROWER.IAST NAME CO-BORROWER SSN,OR SIN PRIOR ACCOUNT NUMBER1 PRIOR ACCOUNT NUMBER 2 PRIOR ACCOUNT NUMBER 3 PillOEA-CCOUNT'NUMBER 4 PRIOR ACCOUNUNUMBER 5 1.I!NDING1895L1 IJiMDING LEVEL2 11 of 11