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Filing # 123203150 E-Filed 03/16/2021 04:06:29 PM
MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE
Plaintiff, NINETEENTH JUDICIAL CIRCUIT IN
AND FOR INDIAN RIVER COUNTY.
vs. FLORIDA
CASE NO. 312021SC000529XXXXXX
CORY A MAZZIOTTA
Defendant. /
STATEMENT OF CLAIM
Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, CORY A MAZZIOTTA.
and alleges:
1 This is an action for damages that does not exceed the jurisdictional amount pursuant to Florida
Small Claims Rule 7.010(b).
Before the institution of this action, Plaintiff's predecessor in interest, CAPITAL ONE, N.A. and
Defendant had business transactions between them under account number XXXXXXXXXXX.
HE. On May 31, 2019, the account was charged-off and a resulting balance became due.
Plaintiff's predecessor rendered a statement of account to Defendant, a copy being attached, and
Defendant did not object to the statement.
Plaintiff subsequently acquired all right, title and interest to Defendant's account. A copy of the
chain of title and/or bill(s) of sale to Plaintiff is attached.
Plaintiff notified Defendant of the assignment more than 30 days before initiation of legal action,
pursuant to Florida Statute §559.715
Plaintiff has met all conditions precedent to the initiation of this lawsuit, or those conditions have
been waived.
7
Defendant owes Plaintiff the principal balance of $5,022.00 and the costs of bringing this action.
WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of
$5,022.00 and costs.
‘sf Colleen E. Lehmann, Esq
PAYAL CHATANI, Esq., Fla. Bar 25285
MOLLY FITZPATRICK, Esq., Fla. Bar 103529
COLLEENE. LEHMANN, Esq., Fla. Bar 33496
VALERIA OBI, Esq., Fla. Bar 106554
JOHANA. GREEN, Esq., Fla. Bar 1011917
MATTHEW OVERPECK, Esgq., Fla. Bar 121625
CHASE HAGUE, Esq., Fla. Bar 1008510
Attorneys for Plaintiff
PO BOX 290335
TAMPA FL 33687
(866) 300-8750 Phone / (813) 337-0637 Fax
E-service address: IL_FL@memeg.com
PLEASE UNDERSTAND THIS COMMUNICATION |Is FROM A DEBT COLLECTOR.
A ATTE
ANY INFORMATION OBTAINED" WILL Brit‘ise FOR THAT PURPOSE.
FL_0103G File No.: 21-25172 Client Number: 301900193
———-
BRP. Account Stat
Account Number!
Page
1 of 2 From April 8
vurrenal FAccount Activity Payment Information
Previous Balance $5,505.48 New Balance $5,650.89
Payments $0.00 Minimum Payment Due $1,503.00
‘Other Credits: $0.00 Payment Due Date June 2, 2019
Purcheses/Debits $0.00
Past Due Amount $4,294.00 Late Payment Warning: If we do not receive your minimum payment by
Fees Chai $35.00 the date listed above, you may have to pay a late fee of up to $35.00,
Interest Charged $119.44
New Balance $5 659.89 ‘Minimum Payment Warning: If you make only the minimum payment
each period, you will pay more in interest and it will take you longer to pay
Credit Limit Aon off your balance. For example:
Credit Availabie
Statement Closing Date
Days in Biting Cycle
May 8, 2019
Hfyou make no
additional charges || You will pay off the
balance shownon
| And you wil end up
| paying an estimated
Mu using this card and | this statement in [otal of.
each month you | about... ||
Pay.
a 4 }
Only the minimum | 18 Years [stesso
payment J
if you would like inforr matofon aboud creda Counseling Senioes cad
1-866-569-2227.
Questions? Payment Address: Capital One Retail Services, PO Box 7660, Carol Stream,
Customer vice 4-800-685-0809 HL Ott
OOS? Salt Lake City, UT
Billing inquiries: Retai Services, PO Box 3 0287
84130-0257
Manage Your account ontine at www.hrsaccount.comiretaitservices
Important:
You can pay your bill online or over the phone. R's free!
Per the terns of your account, your account is eligible to be charged aff prior to the due date listed.
Trans
Date Post
Date Description of Fees Reference Number Amoust
050219 0802/1 LATE CHARGE ASSESSMENT Reg
- Purch 100060000105029989
10040 $35.00
Total Fees for This Period $35.00
Detach snd retum bottom portion with your payment mOeQO
SE C6 STMTAW D 1088 ‘See reverse side for important information
ao nn ene nea se amen ne enters enn
Account Number:
New Balance $5,659.89
Minimum Payment Due $1,503.00
Payment Due Date 06/02/2019
Include account numberon check to Capital One Retail Services.
Do not send cash. Please send your payment 7 to 10 days prior
to the paymentdue date to ensure timely delivery.
sCLCT IC)
329 AMOUNT
cveggng ge E bya ga Ege polyno ENCLOSED
CORY A MAZZIOTTA
7001 PENNY LN CAPITAL ONE RETAIL SERVICES
FORT PIERCE FL 34951-1240 PO Box 7680
CAROL STREAM IL 60116-7680
Sadat Lobe pega Algal eg GA peng
ee
How Do You Process Payments? When you make a payment,you authorize us to initiate
jow Can | Avoid Paying interest Charges? We will not charge you interest on new ‘an ACH or electronic payment that will be debited from your bank account of other related
nhon-promotional purctiases if you pay the full Regular Purchase Credit Plan balance ‘eccount, When you provide @ check or check information fo make a payment, you authorize us
displayed on your billing statement each month, plus any minimum payments required to use information fram the checkto make a une-tinwe ACH or other electionic transfor from
‘on promotional Credit Plans. During the last two full Billing Cycles prior to expiration of ‘your bank account. We may also process it as a check transaction. Funds ray be withdreae
any Same as Cash Credit Pian, in order to avoid interest on new non-promotional from your bank account as soonas the same day we process your payment
purchases you must also add payment in full of any such remaining Same as Cash
Credit Plan batance, How Do You Apply My Payms We generally apply payments up to your minimum
payrnent amount to satisfy the inimum Payment Due on each Credit Plan, first to the
‘ou Cal We use a method called Average Daily lowest APR Credit Plan balance and then to higher APR Credit Pian balances, We
Balance (including neve transactions). ‘apply any part of your payment exceeding your minimum payment to the balance with
First, for each Credit Pian we take the beginning balance each day and add in the highest APR and then to balances with lower APRs. We do this based on the
new transactions and the peniodic Interest Charge on the previous day's balance. APRs in effect and balances owed on the day your preceding Billing Cycle ended.
‘Then we subtract any payments and credits for that Credit Plan as of that day
‘The result is the duily balance for each Credit Plan Bilting Rights Summary (Qves Nol Apply to Small Business Account
Next, for each Credit Pian, we add the daily balances together and divide the sum What To Do if You Think You Find A Mistake On Your Hf you think there is ar
by the number of days in the Biting Cyoie. The result is the Average Daily ‘error on your statement, write to us al Capita! One Retail Services, PO Box 30257, Sait
Balance for each Credit Plan. Lake City, UT 84120-0257
At the end of each Billing Cycie, for all Credit Plans other than Same As Cash, we In your letter, give us the following information.
multiply your Average Daily Balance for each Oredit Pian by the daily periodic rate + Account information: Your name and account number
(APR divided by 365) for that Credit Pian, and then we muiliply the result by the + Dollar ammount: The doar amount of the suspected error.
number of days in the Billing Cycle. For Same As Cash Credit Plans, if interest is + Description of Problem: ifyou think there fs an enor on your bi,describe whi you bellow is
applied, the interest is accrued from the transaction date of the purchase through wrong and why you believe it is a mistake.
the current Billing Cycle. The Interest Charge for Same as Cash Cred Plans is You must contact us within 60 days after the error appeared on your statentert
talof You must notify us of any potential errors in writing. You may call us or nolify us electronically,
+ The applicable daily periodic rate (APR divided by 365) for the current Billing but # you do we are not required to investigate any potential errors and you may have to pay the
Cycle times the dally baiance for each day in the current Billing Cycle; plus ‘amount in question. We wal notify you in writing within 30 days of our receipt of your later.
* The applicable daily periodic rate for each prior Billing Cycle times the daily ‘Whilewe investigate whether or not there fas been an error, the following are true:
balances of the Credit Pian for each day during each prior Billing Cycle, + We cannot try to collect the amount in question, or report you as delinquent on that amount,
4 ‘We add the interest Charges for aii Credit Pians together. The resull is your total + The charge in question may remain on your statement, and we may continue to charge you
interest Charge for the Billing Cycle interest on that amount, But, we determine thal we made a mistake, you will ot have to pay
NOTE: Due to rounding or @ minimum Interest Charge, this calouiation may vary slightly from the amount in question or any interest or other fees related to that amount.
the Interest Charge actually assessed, + While you do not have to pay the amount in question until we send you a notios about the
‘outcome of our investigation, you are responsi for the remainder of your balance,
How Can My Varlable Annual Percentage Rate (APR) Change? if your account has
vanabie rates, those APR(s) may change each month i the Prime rate changes, We calculate
+ We ean apply
any unpaid aatount against your sred fit
Within 90 days of our reveipt of your leltor, we wlll send you a vartten notice explaining either
variable rates by adding a percentage to the Prime rate published in The Well Street Journal thal we corrected the error (to appear on your next statement) or the reasons we beliave the bil
thatiis in effect on the fast day of each month, Vatiable rates will bo updated mordily and wail (sconect
take effect on the first day of your next Biting Cycle. Any increase in the Prime rate may
increase your interest Charges and your Minimurn Payment due. ‘Your Rights if You Are Dissatisfied With Your Credit Card Purchases: Ifyou are
cissatisfied with the goods or services that you have purchased with your credit card, and you
How Do! Make Payments? You may make your payment in several ways: have tried in good faith to correct the problam with the marcha, you may have the right not to
1 (Online at the web address fisted on the front of this statement and logging into your pay the rernaining amount due on the purchase
account; Touse this right, the foliowing must be true:
2 ‘Talephone Voice Resporise Systein by dialing the phone aumber listed on the front of 1. You must fiave used your credit card for the purchase. Purchases made with cast
this statement and following the voice prompts: adivances from an ATM of with a check that accesses your credit card account do not qualify;
3. Calling the telephone number listed on the front of this statement and providing your aad
information o our represeniatve: 2. You must not yet have fully paid for the purchase.
4 Sending mail payrrents
to the address on the flont
of this statement
with the payrment fall of the criteria above are met and you are stil dissatisfied with the purchase, contact us int
‘coupon oF your account information, writingat Capital One Retail Services, PO Box 30257, Salt Lake City, UT 84120-0257.
‘While we investigate, the same rules apply to the disputed amount as discussed above, Aller
Xs ? we finish aur ipvestigation, we wil! tel you our decision. At that point, ifwe think you owe an
>For online: atthe pe, es the business day we receive it, as ong as they are made ‘amount and you do not pay we may report you as delinquent
by8 pm ET.
+ For mailed payments, as of the business day we receive it, as fong as they are received by S
pm in the payment address time zone and you send the bottom portion of this statement
with your check to the payment address on the front of this statement Please allow at © 2016 Capital One. Capital One is a federally registered sorvice mark. All rights
least (7) business days for mail delivery. Mailed Payments received by us at any other reser ‘SOT? (10016)
iocation or Payments in any other form may not be credited as of the day we receive
them.
98017 (100115)
Changing your mailing address?
You can change your address by signing into your account online or by calling Customer Service. See the front of this
statement for our website and phone number.
BRP Account Statement
Account Number!
Page
2 of 2 From April 8 2019
Description of Interest Charge ‘Amount
INTEREST CHARGE ON PURCHASES $118.41
‘Total Interest For This Period $119.41
[ pis
(T otal fees charged $175.00
LTotat interest charged $653.51
Your Annuat Percentage Rate (APR) isthe annua! interest rate on your account.
Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge
Regular Purchase 06060 - Ot 25.24% () 3651 $114.39
Regular Purchase 00088 - 02 25.24% (9) $234.36 96.02
REGULAR PURCHASE 00007 25.24% (¥) $0.00 $0.00
v=Variable Rate
Credit PlanPromotion Type Purchase Promotional Previous New Minimum Deferred Promotional Payoff
Date Expiration Date Balance Balance Payment interest Amount
Regular Purchase 06060 - 0+ 08/25/2015 NA $5,281.97 $5,395.76 $1,236.87 $0.00 $5,395.76
Regular Purchase 00088 - 02 NA NIA $224.14 $264.13 $264.13 $0.00 $264.13
REGULAR PURCHASE 00007 WA NIA $0.00 $0.00 NA, $0.00 $0.00.
Forward Flow Receivable Sale Agreement dated June 7, 2019
BILL OF SALE
Closing Date: June 17, 2019
a
ital One, National Association (“Seller”), in consideration of a Purchase Price of
and other valuable consideration, the receipt of which is hereby acknowledged,
hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale
File entitled
OMEGA.BN0076.SALES. PROD-EAST.PFRLE20190610_BN0076_customer.dat
OMEGA.BN0076.SALES, PROD-EAST,PFRLE2019061 0_BN0076_main.dat
OMEGA.BN0076.SALES.PROD-EAST,PFRLE20190610_BN0076_phone.dat
(which may be in electronic form) to Midland Credit Management, Inc,, a Kansas corporation
(“Buyer”), without recourse or representation except as expressly provided herein or on the terms,
and subject to the conditions, set forth in the Agreement (as defined below).
This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale
Agreement, dated as of June 7, 2019, by and between Seller and Buyer (the “Agreement”). All
capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to
such terms in the Agreement.
The Cutoff Date for the Sale Fi le was June 11,2019. The aggregate Unpaid Balance of
the Accounts as of the Cutoff Date was
CAPITAL ONE, NATIONAL MIDL, REDIT MANAGEMENT, INC.
ASSOCIATION
By C3
seLane
Title BusiceSs
MUD, Mecbele rs |
itie: resident
Forward Flow Receivable Sale Agreement dated June 7, 2019
AFFIDAVIT OF SALE
OF ACCOUNT
BY CREDITOR
State of Virginia, County of Goochland.
James R. Lane being duly sworn, deposes and says:
[am over 18 and not a party to this action. J am a Vice President of Capital One, National
Association. In that position, | am aware of the process of the sale and assignment of
electronically stored business records.
On or about June 11, 2019, Capital One, National Association sold a pool of charged-off
accounts (the Accounts) by a Forward Flow Receivable Sale Agreement and a Bill of Sale to
Midland Credit Management, Inc., a Kansas corporation. As part of the sale of the Accounts,
electronic records and other records were transferred on individual Accounts to the debt buyer.
‘These records were kept in the ordinary course of business of Capital One, National Association.
I am not aware of any errors in these accounts. The above statements are true to the best of my
knowledge.
Signed this a Oday of Febrasct , 2020.
ET
ane
ce President
SUBSCRIBED and sworn to before me, the undersigned Notary Public in the jurisdiction
aforesaid, byY dames
James R.Wh. Lane,
Lane, who is personally known to me and who acknowledged before me
his signature to the foregoing Affidavit.
GIVEN under my hand and seal this 10 oe __ day of Exocuory » 2020.
lovin ub
Spec nett ene i fe WILLIAM WESTON PAIGE
William Weston Paige NOTARY PUBLIC
Notary Public REG #7796956
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES OCT 31, 2022
Capital One ConfidentialCapital One Confidential
Forward Flow Receivable Sale Agreement dated June 7, 2019
CERTIFICATE OF CONFORMITY
CERTIFICATE OF CONFORMITY
MADE PURSUANT TO
CPLR 2309(c)
and RPL 299-a
I, an attorney-at-law admitted to practice in the Commonwealth of Virginia, do hereby certify
that tdWilliam
ABE Weston
OSLO Paige, is a notary public in and for the Commonwealth of Virginia, in the
jurisdiction aforementioned and the acknowledgment upon affidavits for Capital One, National
Association are taken in the manner prescribed by the laws of the Commonwealth of Virginia
and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this ¢-©_
Toc day of
Febros £:Sf _» 2020.
7
ry
[od J
oc
. eee Oo Printed Name
Seer Cad ™ enn
Name
Attomey at Law, Commonwealth of Virginia
Capital One ConfidentialCapital One Confidential
Preview
Filing # 123203150 E-Filed 03/16/2021 04:06:29 PM MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE Plaintiff, NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY. vs. FLORIDA CASE NO. 312021SC000529XXXXXX CORY A MAZZIOTTA Defendant. / STATEMENT OF CLAIM Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, CORY A MAZZIOTTA. and alleges: 1 This is an action for damages that does not exceed the jurisdictional amount pursuant to Florida Small Claims Rule 7.010(b). Before the institution of this action, Plaintiff's predecessor in interest, CAPITAL ONE, N.A. and Defendant had business transactions between them under account number XXXXXXXXXXX. HE. On May 31, 2019, the account was charged-off and a resulting balance became due. Plaintiff's predecessor rendered a statement of account to Defendant, a copy being attached, and Defendant did not object to the statement. Plaintiff subsequently acquired all right, title and interest to Defendant's account. A copy of the chain of title and/or bill(s) of sale to Plaintiff is attached. Plaintiff notified Defendant of the assignment more than 30 days before initiation of legal action, pursuant to Florida Statute §559.715 Plaintiff has met all conditions precedent to the initiation of this lawsuit, or those conditions have been waived. 7 Defendant owes Plaintiff the principal balance of $5,022.00 and the costs of bringing this action. WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of $5,022.00 and costs. ‘sf Colleen E. Lehmann, Esq PAYAL CHATANI, Esq., Fla. Bar 25285 MOLLY FITZPATRICK, Esq., Fla. Bar 103529 COLLEENE. LEHMANN, Esq., Fla. Bar 33496 VALERIA OBI, Esq., Fla. Bar 106554 JOHANA. GREEN, Esq., Fla. Bar 1011917 MATTHEW OVERPECK, Esgq., Fla. Bar 121625 CHASE HAGUE, Esq., Fla. Bar 1008510 Attorneys for Plaintiff PO BOX 290335 TAMPA FL 33687 (866) 300-8750 Phone / (813) 337-0637 Fax E-service address: IL_FL@memeg.com PLEASE UNDERSTAND THIS COMMUNICATION |Is FROM A DEBT COLLECTOR. A ATTE ANY INFORMATION OBTAINED" WILL Brit‘ise FOR THAT PURPOSE. FL_0103G File No.: 21-25172 Client Number: 301900193 ———- BRP. Account Stat Account Number! Page 1 of 2 From April 8 vurrenal FAccount Activity Payment Information Previous Balance $5,505.48 New Balance $5,650.89 Payments $0.00 Minimum Payment Due $1,503.00 ‘Other Credits: $0.00 Payment Due Date June 2, 2019 Purcheses/Debits $0.00 Past Due Amount $4,294.00 Late Payment Warning: If we do not receive your minimum payment by Fees Chai $35.00 the date listed above, you may have to pay a late fee of up to $35.00, Interest Charged $119.44 New Balance $5 659.89 ‘Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay Credit Limit Aon off your balance. For example: Credit Availabie Statement Closing Date Days in Biting Cycle May 8, 2019 Hfyou make no additional charges || You will pay off the balance shownon | And you wil end up | paying an estimated Mu using this card and | this statement in [otal of. each month you | about... || Pay. a 4 } Only the minimum | 18 Years [stesso payment J if you would like inforr matofon aboud creda Counseling Senioes cad 1-866-569-2227. Questions? Payment Address: Capital One Retail Services, PO Box 7660, Carol Stream, Customer vice 4-800-685-0809 HL Ott OOS? Salt Lake City, UT Billing inquiries: Retai Services, PO Box 3 0287 84130-0257 Manage Your account ontine at www.hrsaccount.comiretaitservices Important: You can pay your bill online or over the phone. R's free! Per the terns of your account, your account is eligible to be charged aff prior to the due date listed. Trans Date Post Date Description of Fees Reference Number Amoust 050219 0802/1 LATE CHARGE ASSESSMENT Reg - Purch 100060000105029989 10040 $35.00 Total Fees for This Period $35.00 Detach snd retum bottom portion with your payment mOeQO SE C6 STMTAW D 1088 ‘See reverse side for important information ao nn ene nea se amen ne enters enn Account Number: New Balance $5,659.89 Minimum Payment Due $1,503.00 Payment Due Date 06/02/2019 Include account numberon check to Capital One Retail Services. Do not send cash. Please send your payment 7 to 10 days prior to the paymentdue date to ensure timely delivery. sCLCT IC) 329 AMOUNT cveggng ge E bya ga Ege polyno ENCLOSED CORY A MAZZIOTTA 7001 PENNY LN CAPITAL ONE RETAIL SERVICES FORT PIERCE FL 34951-1240 PO Box 7680 CAROL STREAM IL 60116-7680 Sadat Lobe pega Algal eg GA peng ee How Do You Process Payments? When you make a payment,you authorize us to initiate jow Can | Avoid Paying interest Charges? We will not charge you interest on new ‘an ACH or electronic payment that will be debited from your bank account of other related nhon-promotional purctiases if you pay the full Regular Purchase Credit Plan balance ‘eccount, When you provide @ check or check information fo make a payment, you authorize us displayed on your billing statement each month, plus any minimum payments required to use information fram the checkto make a une-tinwe ACH or other electionic transfor from ‘on promotional Credit Plans. During the last two full Billing Cycles prior to expiration of ‘your bank account. We may also process it as a check transaction. Funds ray be withdreae any Same as Cash Credit Pian, in order to avoid interest on new non-promotional from your bank account as soonas the same day we process your payment purchases you must also add payment in full of any such remaining Same as Cash Credit Plan batance, How Do You Apply My Payms We generally apply payments up to your minimum payrnent amount to satisfy the inimum Payment Due on each Credit Plan, first to the ‘ou Cal We use a method called Average Daily lowest APR Credit Plan balance and then to higher APR Credit Pian balances, We Balance (including neve transactions). ‘apply any part of your payment exceeding your minimum payment to the balance with First, for each Credit Pian we take the beginning balance each day and add in the highest APR and then to balances with lower APRs. We do this based on the new transactions and the peniodic Interest Charge on the previous day's balance. APRs in effect and balances owed on the day your preceding Billing Cycle ended. ‘Then we subtract any payments and credits for that Credit Plan as of that day ‘The result is the duily balance for each Credit Plan Bilting Rights Summary (Qves Nol Apply to Small Business Account Next, for each Credit Pian, we add the daily balances together and divide the sum What To Do if You Think You Find A Mistake On Your Hf you think there is ar by the number of days in the Biting Cyoie. The result is the Average Daily ‘error on your statement, write to us al Capita! One Retail Services, PO Box 30257, Sait Balance for each Credit Plan. Lake City, UT 84120-0257 At the end of each Billing Cycie, for all Credit Plans other than Same As Cash, we In your letter, give us the following information. multiply your Average Daily Balance for each Oredit Pian by the daily periodic rate + Account information: Your name and account number (APR divided by 365) for that Credit Pian, and then we muiliply the result by the + Dollar ammount: The doar amount of the suspected error. number of days in the Billing Cycle. For Same As Cash Credit Plans, if interest is + Description of Problem: ifyou think there fs an enor on your bi,describe whi you bellow is applied, the interest is accrued from the transaction date of the purchase through wrong and why you believe it is a mistake. the current Billing Cycle. The Interest Charge for Same as Cash Cred Plans is You must contact us within 60 days after the error appeared on your statentert talof You must notify us of any potential errors in writing. You may call us or nolify us electronically, + The applicable daily periodic rate (APR divided by 365) for the current Billing but # you do we are not required to investigate any potential errors and you may have to pay the Cycle times the dally baiance for each day in the current Billing Cycle; plus ‘amount in question. We wal notify you in writing within 30 days of our receipt of your later. * The applicable daily periodic rate for each prior Billing Cycle times the daily ‘Whilewe investigate whether or not there fas been an error, the following are true: balances of the Credit Pian for each day during each prior Billing Cycle, + We cannot try to collect the amount in question, or report you as delinquent on that amount, 4 ‘We add the interest Charges for aii Credit Pians together. The resull is your total + The charge in question may remain on your statement, and we may continue to charge you interest Charge for the Billing Cycle interest on that amount, But, we determine thal we made a mistake, you will ot have to pay NOTE: Due to rounding or @ minimum Interest Charge, this calouiation may vary slightly from the amount in question or any interest or other fees related to that amount. the Interest Charge actually assessed, + While you do not have to pay the amount in question until we send you a notios about the ‘outcome of our investigation, you are responsi for the remainder of your balance, How Can My Varlable Annual Percentage Rate (APR) Change? if your account has vanabie rates, those APR(s) may change each month i the Prime rate changes, We calculate + We ean apply any unpaid aatount against your sred fit Within 90 days of our reveipt of your leltor, we wlll send you a vartten notice explaining either variable rates by adding a percentage to the Prime rate published in The Well Street Journal thal we corrected the error (to appear on your next statement) or the reasons we beliave the bil thatiis in effect on the fast day of each month, Vatiable rates will bo updated mordily and wail (sconect take effect on the first day of your next Biting Cycle. Any increase in the Prime rate may increase your interest Charges and your Minimurn Payment due. ‘Your Rights if You Are Dissatisfied With Your Credit Card Purchases: Ifyou are cissatisfied with the goods or services that you have purchased with your credit card, and you How Do! Make Payments? You may make your payment in several ways: have tried in good faith to correct the problam with the marcha, you may have the right not to 1 (Online at the web address fisted on the front of this statement and logging into your pay the rernaining amount due on the purchase account; Touse this right, the foliowing must be true: 2 ‘Talephone Voice Resporise Systein by dialing the phone aumber listed on the front of 1. You must fiave used your credit card for the purchase. Purchases made with cast this statement and following the voice prompts: adivances from an ATM of with a check that accesses your credit card account do not qualify; 3. Calling the telephone number listed on the front of this statement and providing your aad information o our represeniatve: 2. You must not yet have fully paid for the purchase. 4 Sending mail payrrents to the address on the flont of this statement with the payrment fall of the criteria above are met and you are stil dissatisfied with the purchase, contact us int ‘coupon oF your account information, writingat Capital One Retail Services, PO Box 30257, Salt Lake City, UT 84120-0257. ‘While we investigate, the same rules apply to the disputed amount as discussed above, Aller Xs ? we finish aur ipvestigation, we wil! tel you our decision. At that point, ifwe think you owe an >For online: atthe pe, es the business day we receive it, as ong as they are made ‘amount and you do not pay we may report you as delinquent by8 pm ET. + For mailed payments, as of the business day we receive it, as fong as they are received by S pm in the payment address time zone and you send the bottom portion of this statement with your check to the payment address on the front of this statement Please allow at © 2016 Capital One. Capital One is a federally registered sorvice mark. All rights least (7) business days for mail delivery. Mailed Payments received by us at any other reser ‘SOT? (10016) iocation or Payments in any other form may not be credited as of the day we receive them. 98017 (100115) Changing your mailing address? You can change your address by signing into your account online or by calling Customer Service. See the front of this statement for our website and phone number. BRP Account Statement Account Number! Page 2 of 2 From April 8 2019 Description of Interest Charge ‘Amount INTEREST CHARGE ON PURCHASES $118.41 ‘Total Interest For This Period $119.41 [ pis (T otal fees charged $175.00 LTotat interest charged $653.51 Your Annuat Percentage Rate (APR) isthe annua! interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Regular Purchase 06060 - Ot 25.24% () 3651 $114.39 Regular Purchase 00088 - 02 25.24% (9) $234.36 96.02 REGULAR PURCHASE 00007 25.24% (¥) $0.00 $0.00 v=Variable Rate Credit PlanPromotion Type Purchase Promotional Previous New Minimum Deferred Promotional Payoff Date Expiration Date Balance Balance Payment interest Amount Regular Purchase 06060 - 0+ 08/25/2015 NA $5,281.97 $5,395.76 $1,236.87 $0.00 $5,395.76 Regular Purchase 00088 - 02 NA NIA $224.14 $264.13 $264.13 $0.00 $264.13 REGULAR PURCHASE 00007 WA NIA $0.00 $0.00 NA, $0.00 $0.00. Forward Flow Receivable Sale Agreement dated June 7, 2019 BILL OF SALE Closing Date: June 17, 2019 a ital One, National Association (“Seller”), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled OMEGA.BN0076.SALES. PROD-EAST.PFRLE20190610_BN0076_customer.dat OMEGA.BN0076.SALES, PROD-EAST,PFRLE2019061 0_BN0076_main.dat OMEGA.BN0076.SALES.PROD-EAST,PFRLE20190610_BN0076_phone.dat (which may be in electronic form) to Midland Credit Management, Inc,, a Kansas corporation (“Buyer”), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of June 7, 2019, by and between Seller and Buyer (the “Agreement”). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale Fi le was June 11,2019. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE, NATIONAL MIDL, REDIT MANAGEMENT, INC. ASSOCIATION By C3 seLane Title BusiceSs MUD, Mecbele rs | itie: resident Forward Flow Receivable Sale Agreement dated June 7, 2019 AFFIDAVIT OF SALE OF ACCOUNT BY CREDITOR State of Virginia, County of Goochland. James R. Lane being duly sworn, deposes and says: [am over 18 and not a party to this action. J am a Vice President of Capital One, National Association. In that position, | am aware of the process of the sale and assignment of electronically stored business records. On or about June 11, 2019, Capital One, National Association sold a pool of charged-off accounts (the Accounts) by a Forward Flow Receivable Sale Agreement and a Bill of Sale to Midland Credit Management, Inc., a Kansas corporation. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. ‘These records were kept in the ordinary course of business of Capital One, National Association. I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge. Signed this a Oday of Febrasct , 2020. ET ane ce President SUBSCRIBED and sworn to before me, the undersigned Notary Public in the jurisdiction aforesaid, byY dames James R.Wh. Lane, Lane, who is personally known to me and who acknowledged before me his signature to the foregoing Affidavit. GIVEN under my hand and seal this 10 oe __ day of Exocuory » 2020. lovin ub Spec nett ene i fe WILLIAM WESTON PAIGE William Weston Paige NOTARY PUBLIC Notary Public REG #7796956 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT 31, 2022 Capital One ConfidentialCapital One Confidential Forward Flow Receivable Sale Agreement dated June 7, 2019 CERTIFICATE OF CONFORMITY CERTIFICATE OF CONFORMITY MADE PURSUANT TO CPLR 2309(c) and RPL 299-a I, an attorney-at-law admitted to practice in the Commonwealth of Virginia, do hereby certify that tdWilliam ABE Weston OSLO Paige, is a notary public in and for the Commonwealth of Virginia, in the jurisdiction aforementioned and the acknowledgment upon affidavits for Capital One, National Association are taken in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this ¢-©_ Toc day of Febros £:Sf _» 2020. 7 ry [od J oc . eee Oo Printed Name Seer Cad ™ enn Name Attomey at Law, Commonwealth of Virginia Capital One ConfidentialCapital One Confidential