Preview
Filing # 112711281 E-Filed 09/01/2020 01:54:51 PM
IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.:
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff,
vs. COMPLAINT
MARK THOMAS A/K/A MARK W THOMAS,
Defendant.
/
COMES NOW the Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by and through its
undersigned counsel, and sues Defendant, MARK THOMAS A/K/A MARK W THOMAS, and states as
follows:
GENERAL ALLEGATIONS
This is an action for damages that is within the jurisdictional limits of this court exclusive of
costs.
Venue of this action is proper in the county named above because the Defendant is a resident of
this county and/or because the Defendant executed the subject agreement in this county.
Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. (hereinafter “Plaintiff’), is a
DELAWARE LIMITED LIABILITY COMPANY, authorized to do business in Florida.
Plaintiff and its predecessors have duly performed all promises and conditions precedent as
required.
This is an attempt to collect a debt and any information obtained herein will be used for that
purpose.
COUNT I- ACCOUNT XXXXXXXXXXXX6769
ACCOUNT STATED
Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
follows:
6. This is an action for damages that is within the jurisdictional limits of this court exclusive of
costs.
Upon Defendant’s request, the original creditor, SYNCHRONY BANK, issued a credit account
in the name of Defendant bearing the account number XXXXXXXXXX XM.
Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
SYNCHRONY BANK and as such is entitled to all rights originally bestowed upon the original
creditor. See attached Exhibit “A”.
Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
failed or refused to pay the amount due and owing on the account.
10. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had
business transactions between them where the parties agreed upon a resulting balance. Plaintiff
is an assignee and as such obtains all rights of the original creditor to be repaid.
11 There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available
statements are attached hereto and incorporated herein as Composite Exhibit “B”.
12 By submitting payments in response to the monthly statements rendered and delivered by the
original creditor, the Defendant accepted the resulting balance.
13 After adjustment for any credits or payments made after charge-off of the account, Defendant
owes Plaintiff the amount of $1,498.58.
WHEREFORE, as to Count I, Plaintiff respectfully requests this Honorable Court enter Judgment
in its favor against Defendant in the sum of $1,498.58 together with Court costs as described herein and
any other just and further relief as this Honorable Court deems just and proper.
COUNT H- ACCOUNT XXXXXXXXXXXXM
ACCOUNT STATED
Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
follows:
14. This is an action for damages that is within the jurisdictional limits of this court exclusive of
costs.
15. Upon Defendant’s request, the original creditor, CAPITAL ONE BANK (USA), N.A., issued a
credit account in the name of Defendant bearing the account number XXXXXX i.
16. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
CAPITAL ONE BANK (USA), N.A. and as such is entitled to all rights originally bestowed
upon the original creditor. See attached Exhibit “C”.
17. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
failed or refused to pay the amount due and owing on the account.
18. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had
business transactions between them where the parties agreed upon a resulting balance. Plaintiff
is an assignee and as such obtains all rights of the original creditor to be repaid.
19. There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4" DCA 2010). Copies of any available
statements are attached hereto and incorporated herein as Composite Exhibit “D”.
20. By submitting payments in response to the monthly statements rendered and delivered by the
original creditor, the Defendant accepted the resulting balance.
21. After adjustment for any credits or payments made after charge-off of the account, Defendant
owes Plaintiff, the amount of $3,241.79.
WHEREFORE, as to Count II, Plaintiff respectfully requests this Honorable Court enter Judgment
in its favor against Defendant in the sum of $3,241.79 together with Court costs as described herein and
any other just and further relief as this Honorable Court deems just and proper.
COUNT IHI- ACCOUNT XXXXXXXXXXXXB
ACCOUN ‘ATED
Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
follows:
22. This is an action for damages that is within the jurisdictional limits of this court exclusive of
costs.
23. Upon Defendant’s request, the original creditor, SYNCHRONY BANK, issued a credit account
in the name of Defendant bearing the account number XXXXXXXXXXXXMMM.
24. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
SYNCHRONY BANK and as such is entitled to all rights originally bestowed upon the original
creditor. See attached Exhibit “E”.
25 Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
failed or refused to pay the amount due and owing on the account.
26. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had
business transactions between them where the parties agreed upon a resulting balance. Plaintiff
is an assignee and as such obtains all rights of the original creditor to be repaid.
27 There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available
statements are attached hereto and incorporated herein as Composite Exhibit “F”.
28. By submitting payments in response to the monthly statements rendered and delivered by the
original creditor, the Defendant accepted the resulting balance.
29. After adjustment for any credits or payments made after charge-off of the account, Defendant
owes Plaintiff, the amount of $3,231.67.
WHEREFORE, as to Count III, Plaintiff respectfully requests this Honorable Court enter Judgment
in its favor against Defendant in the sum of $3,231.67 together with Court costs as described herein and
any other just and further relief as this Honorable Court deems just and proper.
WHEREFORE in aggregate of the amounts owed in Count I, Count II, and Count III of the
Complaint, Plaintiff, respectfully requests this Honorable Court enter Judgment in its favor against
Defendant in the sum of $7,972.04 together with court costs as described herein and any other just and
further relief as this Honorable Court deems just and proper.
Respectfully submitted,
ANDREU, PALMA, LAVIN, & SOLIS, PLLC
‘tf Dew
Wt. Lavina
Desiree M. Lavin, Esq. - 498467
815 NW 57th Avenue, Suite 401
Miami, FL 33126
Tel. (305)631-0175
Fax. (305)631-1816
Email: eservice@andreupalma.com
2005001625
EXHIBIT A
synchrony BANK
4125 Windward Plaza
Alpharetta, Ga, 30005-8378
BILL of SALE
id! = = 19
For value received and in further consideration of the mutual covenants and conditio
ns set forth in the
Forward Flow Accounts Purchase Agreement (the “Agreement"), dated
as of the 18" day of February, 2019 by
und between Synchrony Bank formerly known as GE Capital Re tail Bank; RFS
Holding, L.L.C.; and Retail
Finance Credit Services, LLC (collectively “Seller”) and Midland Credit Manage
ment, Inc. (“Buyer”), Seller
hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without
recourse
except as set forth in the Agreement, the Accounts as set forth in the Notification
Files, delivered by Seller to
Buyer on or about March 20, 2019, and as further described in the Agreement. Capitalized terms not
herein shall have the definition ascribed in the Agreement. defined
With respect to information for the Accounts summarized in the Notification
Files, the Seller represents
and warrants to Buyer that (i) the Account information constitutes the
Seller’s own business records and
accurately reflects in all material respe cts the information in the Seller's database
; ( ii) the Account information
was kept in the regular course of business; (iii) the Account information was made at or near
the time by, or
from information transmitted by, a person with knowledge of the data entered into and maintained in the
Account’s database; and (iv) it is the regular practice of the Seller’s business to maintain
and compile such data.
Synchrony Bank Retail Finance Credit Services, LLC
<
By:
By:
Lynne Lynne Fi:
Title: Fat thorized Signatory Title: Vic resident
By. oy
Lynne
Midi Cr lanagement, Inc.
Title: rate thorized Signatory Title Speen
Purchase Price Reconciliation/Funding Instructions
March
21, 2019
To: Midland
This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 18" day of
February, 2019 (the “Effective Date”), by and between Synchrony Bank formerly known as GE
Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively,
“Seller”) and Midland Credit Management, Inc. (“Buyer”) with reference to the following facts and
circumstances:
Portfolio RMS NG
Agcy_Atty Code MLPS
Total Number of Accounts
Outstanding Balances on Transfer Date
Cut-Off Date March 20, 2019
Transfer Date March 20, 2019
Purchase Price Factor =z
Purchase Price
a
0% Holdout 7
Amount of Wire transfer
a
Date of Funding: March 27, 2019
Bank:
ae
ABA No.
a
Account No:
a
Account Holder:
a
Location:
STATE OF FLORIDA
Midland Credit Management, Inc.,
Plaintiff
-vs- AFFIDAVIT OF KENNETH SELL
MARK THOMAS,
Defendant(s).
Kenneth Sell, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303,
certifies and says:
1 I am employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC.
("Plaintiff"). I am a competent person over eighteen years of age, and I am authorized to
make this affidavit on Plaintiff's behalf. In this affidavit, ] make my statements about this
account based upon my personal review and knowledge of those account records maintained by
Plaintiff and that are pertinent to those statements (‘Pertinent Records”).
2 Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was
assigned all the rights, title and interest to MARK THOMAS's SYNCHRONY BANK account
EEE (hereinafter "the account").
3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain
account records from the seller and incorporated those records into Plaintiff’s own permanent
business records. Those acquired and incorporated records are kept in Plaintiff's regular
course of business.
4 The acquired and incorporated records are treated as'trustworthy and accurate, and are
relied upon by Plaintiff in servicing this account because the original creditor was required
to keep careful records of the account at issue in this case as required by law and/or suffer
business loss.
5 I have access to and have reviewed the Pertinent Records (including pertinent electronic
records) concerning the account maintained by Plaintiff. The electronic records reviewed
consist of data acquired from the seller or assignor when Plaintiff purchased or was assigned
the account, together with records generated by Plaintiff in connection with servicing the
account since the date Plaintiff purchased or was assigned the account.
6 The complete chain of title including SYNCHRONY BANK, the original creditor, and all
post charge-off purchasers/assignees of the debt are as follows:
1. SYNCHRONY BANK 2019-03-27
2. Midland Credit Management, Inc.
AFFIDAVIT OF KENNETH SELL - 1
INA in EM UMAR AGE
3011774 2005001625
I certify under penalty of perjury that the foregoing statements are true and correct.
SUN 9 32020
Date
KennetK Sell
FL109
AFFIDAVIT OF KENNETH SELL - 2
IU
3011 H HUANG
4: 7
AAA ATA
2005001625
A
Field Field Data
Account_Number a- : 6769
First_Name MARK
Last_Name THOMAS
SSN soos
Birth_Date ae
Account_Address_1 3876 WIND DANCER CIR
City SAINT CLOUD
State FL
Zip_Code 34772-8274
Lending_Office_Code AMERICAN SIGNATURE FURN.
Contract_Date 1/16/2017
ChargeOff_Date 2/27/2019
Last_Payment_Date 9/1/2018
Last_Purchase_Date 1/16/2017
ChargeOff_Amount 1537.58
Current_Balance 1537.58
Last_Pay_Amount 102
Sum_Post_CO_Interest_Accrued
Sum_Post_CO_Fees_Accrued
Sum_Post_CO_Pmts_N_Credits
alt_num_1 901
Account information provided by Synchrony Bank pursuant to the Bill of Sale / Assignment of Accounts transferred on or
about 03/27/2019 in connection with the sale of accounts from Synchrony Bank to Midland Credit Management, Inc.
EXHIBIT B
AMERICAN SIGNATURE FURNITURE/SYNCB MARK W THOMAS,
Account Number :
Statement Closing Date: 2/01/2019
Summary of Account Activity Payment Information
Previous Balance 81,452.04 New Balance $1,498.58
+ New Purchases $0.00 Minimum Payment This Period $112.00
: Payments $0.00 Amount Past Due $636.00
He Credits, Fees & Adjustments (net) $39.00 Total Minimum Payment Due $748.00
He Interest Charge (net) S754 Payment Due Date 02/25/2019
New Balance $7,498.58 PAYMENT DUE BY 5 P.M, EASTERN ON THE DUE DATE,
Credit Limit $2,000.00 We may convert your payment into an electronic debit, See
Available Credit $0.00 reverse side,
Days in Billing Period
Late Payment Warning: If we do not receive your Total
Pay online for free at: mysynchrony.com Minimum Payment Due by the Payment Due Date listed above,
For Synchrony Bank customer service or to report your you may have to pay a late fee upto $39.00.
card lost or stolen, call 1-866-396-8254. Minimum Payment Warning: Making only the Total Minimum
Bost times to call are Wednesday - Friday. Payment Due will increase the amount of interest you pay and
the time it takes to repay your balance. For example:
ifyou make no ‘You will pay off [And you will end up|
additional charges |the balance shown|paying an estimated
using this card and| on this statement total of ..
each month you in about...
pay...
‘Only the minimum, 13 months $1,508.00
payment
If you would lke Information about credit counseling services,
call 1-877-302-8797.
Promotional Purchase Summary
Promotional Promotional Deferred Tran Date Description initial
Expiration Balance Interest Charge Purchase
Dale Amount
92/02/2020 $1,160.00 80.00 01/15/2017 _| Equal Payment No Interest $2,200.00
‘A summary of your promotional purchase is provided above,
Ifyou have a DEFERRED INTEREST/NO INTERESTIF PAID IN FULL promotion: To avoid paying Deferred Interest Charges
con these promotion(s), you must pay the enti applicable Promotional Balance by the Promotional Expiration Date.
‘To make more than one payment see Make Payment To address or pay online at mysynchrony.com.
[fransaction Summary
ran Date Post Date Reference Number Description Amount
FEES
01/25"2019 01/2512019 LATE FEE $39.00
TOTAL FEES FOR THIS PERIOD $39.00]
INTEREST CHARGED
02/01/2019 02/01/2019 INTEREST CHARGE ON PURCHASES $7.54
TOTAL INTEREST FOR THIS PERIOD $7.54)
2019 Totals Year-to-Date
[Total Fees Charged in 2019 $77.00}
[Total interest Charged in 2019 $14.29]
[Fotal Interest Paid in 2019 $0.09]
* NOTICE: See reverse side and additional pages (If any) for important information concerning your account.
S202 oan 41 7 2 aseaoa EDPACE 1 of 3 907 3800 Fees ounss202
Py online at mysynchrany.carn or enclose this coupon wih your check. Please use blue or black ink
Total Minimam Past Due Paymont Now ‘Recount Number
Payment Due Amount Due Dato. Balance
$748.00 3636.00 02/25/2019 37,498.58 ee
rere $000.00
New address or e-mail? Payment due includes $ 636.00 past due. Please pay the past due amount PROMPTLY.
‘Check the box at left and 1 you ony pay the Total Minima Due it may not pay off he Promotional Puchase byt pration Dat,
print changes on back
MARK W THOMAS
3876 WIND DANCER CIR Make Payment to: SYNCHRONY BANK
SAINT CLOUD FL, 34772-8274 PO BOX 960061
ORLANDO, FL 32896-0061
interest Charge Calculation
Expiration Date Annual Balance Subject to Interest Charge:
‘Type of Balance Percentage Interest Rate
Rate (APR)
Purchases: NA 29.99% $305.96 $7.54
Equal Payment No interest 2102/2020 0.00% $0.00 $0.00
Cardholder News & Information
YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
6 cat aso202 EDPAGE 2 of 2 9073 3800 Fea oanes3e2
aon cat aso202 EDPAGE 3 of 3 9073 3800 Fea oanes3e2
AMERICAN SIGNATURE FURNITURE/SYNCB MARK W THOMAS,
Account Number :
Statement Closing Date: 09/0z/2018
Summary of Account Activity Payment Information
Previous Balance $1,242.00 New Balance $1,280.34]
+ New Purchases $0.00 Minimum Payment This Period $104.00
: Payments $102.00 Amount Past Due $102.00
He Credits, Fees & Adjustments (net) $38.00 Total Minimum Payment Due $206.00
He Interest Charge (net) $2.34 Payment Due Date 09/25/2018
New Balance $1,280.34 PAYMENT DUE BY 5 P.M, EASTERN ON THE DUE DATE,
Credit Limit $2,000.00 We may convert your payment into an electronic debit, See
Available Credit $719.00 reverse side,
Days in Billing Period 34
Late Payment Warning: If we do not receive your Total
Pay online for free at: mysynchrony.com Minimum Payment Due by the Payment Due Date listed above,
For Synchrony Bank customer service or to report your you may have to pay a late fee upto $38.00.
card lost or stolen, call 1-866-396-8254. Minimum Payment Warning: Making only the Total Minimum
Bost times to call are Wednesday - Friday. Payment Due will increase the amount of interest you pay and
the time it takes to repay your balance. For example:
ifyou make no ‘You will pay off [And you will end up|
additional charges |the balance shown|paying an estimated
using this card and| on this statement total of ..
each month you in about...
pay...
‘Only the minimum, 18 months $1,285.00
payment
If you would lke Information about credit counseling services,
call 1-877-302-8797.
Promotional Purchase Summary
Promotional Promotional Deferred Tran Date Description initial
Expiration Balance Interest Charge Purchase
Dale Amount
92/02/2020 $1,160.00 80.00 01/15/2017 _| Equal Payment No Interest $2,200.00
‘A summary of your promotional purchase is provided above,
Ifyou have a DEFERRED INTEREST/NO INTERESTIF PAID IN FULL promotion: To avoid paying Deferred Interest Charges
con these promotion(s), you must pay the enti applicable Promotional Balance by the Promotional Expiration Date.
‘To make more than one payment see Make Payment To address or pay online at mysynchrony.com.
[fransaction Summary
ran Date Post Date Reference Number Description Amount
09/01/2018 09/01/2018 8534812L501TNSPG1 PAYMENT - THANK YOU ($102.00)
FEES
08/25/2018 08/25/2018 LATE FEE $38.00
TOTAL FEES FOR THIS PERIOD $38.00]
INTEREST CHARGED
09/02/2018 ogo22018 INTEREST CHARGE ON PURCHASES $2.34
TOTAL INTEREST FOR THIS PERIOD $2.34}
2018 Totals Year-to-Date
[Total Fees Charged in 2018 $316.00]
[Total Interest Charged in 2018 $2.34]
[Total interest Paid in 2018 38,09]
* NOTICE: See reverse side and additional pages (If any) for important information concerning your account.
S202 oan 41 7 2 aeego2 DPAGE 1 of 3 907 3800 Fees ounss202
Py online at mysynchrany.carn or enclose this coupon wih your check. Please use blue or black ink
Total Minimam Past Due Paymont Now ‘Recount Number
Payment Due Amount Due Dato. Balance
$208.00 $102.00 (09/25/2078 94,280.94 ee
rere $000.00
New address or e-mail? Payment due includes $ 102.00 past due. Please pay the past due amount PROMPTLY.
‘Check the box at left and 1 you ony pay the Total Minima Due it may not pay off he Promotional Puchase byt pration Dat,
print changes on back
MARK W THOMAS
3876 WIND DANCER CIR Make Payment to: SYNCHRONY BANK
SAINT CLOUD FL, 34772-8274 PO BOX 960061
ORLANDO, FL 32896-0061
interest Charge Calculation
Expiration Date Annual Balance Subject to Interest Charge:
‘Type of Balance Percentage Interest Rate
Rate (APR)
Purchases: NA 29.99% $02.05 $2.34
Equal Payment No interest 2102/2020 0.00% $0.00 $0.00
New Promotional Financing Plans
This notice is to let you know about some promotional financing plans that may be available for you when you use your card for
future purchases. This is only a summary of key terms. At times,we may offer you other promotional Financing plans for
certain purchases. Details of available promotions will be provided to you at the time of your transactions. Not all plans or all
plan periods will be available at every retailer. For purposes of this notification, your Purchase Annual Percentage Rate
("APR") is 29.99% See the Interest Charge Calculation section of this biling statement to determine if this APR is variable. Ifa
(v) Is shown next to your APR, this APR will vary with the market based on the prime rate, Subject to credit approval. Regular
account terms apply to nom: ometional purchases and, after promotion ends, to promotional purchase.
No interest if Paid Within Promotional Period
(These can be advertised as Deferred Interest promotions)
Under this promotion, no Interest Charges will be assessed if the promotional purchase balance (including any promotional fee)
is paid in full within the promotional period. if the promotional purchase balance is not paid in full by the end of the promotional
Period, interest will be imposed from the date of purchase at the Purchase APRstated above. Minimum monthly payments are
required. This promotion may be offered for periods of 6, 12, 18, or 24 months.
Please keep this for your records, If you have any questions, please call us at the Customer Service number shown on your
statement,
Cardholder News & Information
‘Synchrony Bank may continue to obtain information, including employment and income information from others about you
(including requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account.
YOUR ACCOUNT IS PAST DUE, PLEASE PAY THE MINIMUM PAYMENT DUE OR
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
6 cat aeeanz brace 2 of 2 9073 3800 Fea oanes3e2
aon cat aeeanz PAGE 2 of 9073 3800 Fea oanes3e2
EXHIBIT C
Forward Flow Receivable Sale Agreement dated January 25, 2019
BILL OF SALE
Closing Date: April 26, 2019
Capital One Bank (USA), 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.20190419 BFRLE20190418 BN0076_customer_File.dat.gz.
OMEGA.BN0076.SALES.PROD-
EAST.20190419_BFRLE20190418 BN0076_main_File.dat.gz,
OMEGA.BN0076.SALES.PROD-
EAST.20190419_BFRLE20190418_BN0076_phone_File.dat.gz”
(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 January 25, 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 File was April 19, 2019. The aggregate Unpaid Balance of
the Accounts as of the Cutoff Date was a
CAPITAL ONE BANK (USA), MIDL. CRED MANAGEMENT, INC,
ES
NATIONAL ASSOCIATION
BES s Hs.
R. Lane
Lane Title weg Devele a
ice President
STATE OF FLORIDA
Midland Credit Management, Inc.,
Plaintiff
-vs- AFFIDAVIT OF ASIA DELCASTILLO
MARK W THOMAS,
Defendant(s).
Asia DelCastillo, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN
56303, certifies and says:
1 Tam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC.
("Plaintiff"). Iam a competent person over eighteen years of age, and I am authorized to
make this affidavit on Plaintiff's behalf. In this affidavit, | make my statements about this
account based upon my personal review and knowledge of those account records maintained by
Plaintiff and that are pertinent to those statements (“Pertinent Records”).
2. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was
assigned all the rights, title and interest to MARK W THOMAS's CAPITAL ONE BANK
(USA), N.A. account i (hereinafter "the account").
3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain
account records from the seller and incorporated those records into Plaintiff’s own permanent
business records. Those acquired and incorporated records are kept in Plaintiff's regular
course of business.
4 The acquired and incorporated records are treated as trustworthy and accurate, and are
relied upon by Plaintiff in servicing this account because the original creditor was required
to keep careful records of the account at issue in this case as required by law and/or suffer
business loss.
5 I have access to and have reviewed the Pertinent Records (including pertinent electronic
records) concerning the account maintained by Plaintiff. The electronic records reviewed
consist of data acquired from the seller or assignor when Plaintiff purchased or was assigned
the account, together with records generated by Plaintiff in connection with servicing the
account since the date Plaintiff purchased or was assigned the account.
6 The complete chain of title including CAPITAL ONE BANK (USA), N.A., the original
creditor, and all post charge-off purchasers/assignees of the debt are as follows:
1. CAPITAL ONE BANK (USA), N.A. 2019-04-26
2. Midland Credit Management, Inc.
AFFIDAVIT OF ASIA DELCASTILLO - 1
IMT MG (Mi ITC i
301380498 AFFCOT 2005001778
I certify under penalty of perjury that the foregoing statements are true and correct.
06/03/2020
Date
Ahn League
Asia DelCastillo
FL109
AFFIDAVIT OF ASIA DELCASTILLO - 2
IM Ia REA
301380498 2005001778
Field Field Data
Account_number a- : S153
CUST_NM MARK
CUST_MN Ww
CUST_LN THOMAS
CUST_SSN omy
CUST_DOB a
CUST_ADR1 3876 WIND DANCER CIR
CUST_CITY SAINT CLOUD
CUST_ST FL
CUST_ZIP 34772-8274
open_dt 7/18/2012
chrgof_dt 2/19/2019
Lst_Purchase_dt 8/11/2018
CHRGOF_BAL 3241.79
ACCOUNT_SALE_BAL 3241.79
POST_CHRGOF_INT 0
POST_CHRGOF_FEE 0
Account information provided by CAPITAL ONE BANK (USA), N.A. pursuant to the Bill of Sale / Assignment of Accounts
transferred on or about 04/26/2019 in connection with the sale of accounts from CAPITAL ONE BANK (USA), N.A. to
Midland Credit Management, Inc.
EXHIBIT D
capinagXe Platinum MasterCard Account Ending in Zi
Jan. 19, 2019~- Feb. 18, 2019
Page 1 of 3
| 31 days in Billing Cycle
Payment Due Date
eT
For online and phone payments,
a Previous Balance $3,181.66
the deadline is 8pm ET.
PAST DUE Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$3,241.79 $3,241.79 Transactions + $0.00
IMPORTANT ACCOUNT UPDATES:
Cash Advances + $0.00
Fees Charged + $0.00
Your full balance is due. Any payment you make will reduce your balance
and help pay off your debt faster. The amount you owe may differ if + $60.13
Interest Charged
you've entered into a separate payment agreement.
New Balance = $3,241.79
Available Credit (as of Feb. 18, 2019) N/A
300079
Pp
Cc.
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Filing # 112711281 E-Filed 09/01/2020 01:54:51 PM IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, vs. COMPLAINT MARK THOMAS A/K/A MARK W THOMAS, Defendant. / COMES NOW the Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by and through its undersigned counsel, and sues Defendant, MARK THOMAS A/K/A MARK W THOMAS, and states as follows: GENERAL ALLEGATIONS This is an action for damages that is within the jurisdictional limits of this court exclusive of costs. Venue of this action is proper in the county named above because the Defendant is a resident of this county and/or because the Defendant executed the subject agreement in this county. Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. (hereinafter “Plaintiff’), is a DELAWARE LIMITED LIABILITY COMPANY, authorized to do business in Florida. Plaintiff and its predecessors have duly performed all promises and conditions precedent as required. This is an attempt to collect a debt and any information obtained herein will be used for that purpose. COUNT I- ACCOUNT XXXXXXXXXXXX6769 ACCOUNT STATED Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as follows: 6. This is an action for damages that is within the jurisdictional limits of this court exclusive of costs. Upon Defendant’s request, the original creditor, SYNCHRONY BANK, issued a credit account in the name of Defendant bearing the account number XXXXXXXXXX XM. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by SYNCHRONY BANK and as such is entitled to all rights originally bestowed upon the original creditor. See attached Exhibit “A”. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has failed or refused to pay the amount due and owing on the account. 10. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had business transactions between them where the parties agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the original creditor to be repaid. 11 There are no unresolved billing disputes made in response to receiving the account statements and, therefore, there is a prima facie case establishing the correctness of the account balance. See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available statements are attached hereto and incorporated herein as Composite Exhibit “B”. 12 By submitting payments in response to the monthly statements rendered and delivered by the original creditor, the Defendant accepted the resulting balance. 13 After adjustment for any credits or payments made after charge-off of the account, Defendant owes Plaintiff the amount of $1,498.58. WHEREFORE, as to Count I, Plaintiff respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $1,498.58 together with Court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. COUNT H- ACCOUNT XXXXXXXXXXXXM ACCOUNT STATED Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as follows: 14. This is an action for damages that is within the jurisdictional limits of this court exclusive of costs. 15. Upon Defendant’s request, the original creditor, CAPITAL ONE BANK (USA), N.A., issued a credit account in the name of Defendant bearing the account number XXXXXX i. 16. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by CAPITAL ONE BANK (USA), N.A. and as such is entitled to all rights originally bestowed upon the original creditor. See attached Exhibit “C”. 17. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has failed or refused to pay the amount due and owing on the account. 18. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had business transactions between them where the parties agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the original creditor to be repaid. 19. There are no unresolved billing disputes made in response to receiving the account statements and, therefore, there is a prima facie case establishing the correctness of the account balance. See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4" DCA 2010). Copies of any available statements are attached hereto and incorporated herein as Composite Exhibit “D”. 20. By submitting payments in response to the monthly statements rendered and delivered by the original creditor, the Defendant accepted the resulting balance. 21. After adjustment for any credits or payments made after charge-off of the account, Defendant owes Plaintiff, the amount of $3,241.79. WHEREFORE, as to Count II, Plaintiff respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $3,241.79 together with Court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. COUNT IHI- ACCOUNT XXXXXXXXXXXXB ACCOUN ‘ATED Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as follows: 22. This is an action for damages that is within the jurisdictional limits of this court exclusive of costs. 23. Upon Defendant’s request, the original creditor, SYNCHRONY BANK, issued a credit account in the name of Defendant bearing the account number XXXXXXXXXXXXMMM. 24. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by SYNCHRONY BANK and as such is entitled to all rights originally bestowed upon the original creditor. See attached Exhibit “E”. 25 Although demands have been made by Plaintiff upon Defendant for payment, Defendant has failed or refused to pay the amount due and owing on the account. 26. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had business transactions between them where the parties agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the original creditor to be repaid. 27 There are no unresolved billing disputes made in response to receiving the account statements and, therefore, there is a prima facie case establishing the correctness of the account balance. See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available statements are attached hereto and incorporated herein as Composite Exhibit “F”. 28. By submitting payments in response to the monthly statements rendered and delivered by the original creditor, the Defendant accepted the resulting balance. 29. After adjustment for any credits or payments made after charge-off of the account, Defendant owes Plaintiff, the amount of $3,231.67. WHEREFORE, as to Count III, Plaintiff respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $3,231.67 together with Court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. WHEREFORE in aggregate of the amounts owed in Count I, Count II, and Count III of the Complaint, Plaintiff, respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $7,972.04 together with court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. Respectfully submitted, ANDREU, PALMA, LAVIN, & SOLIS, PLLC ‘tf Dew Wt. Lavina Desiree M. Lavin, Esq. - 498467 815 NW 57th Avenue, Suite 401 Miami, FL 33126 Tel. (305)631-0175 Fax. (305)631-1816 Email: eservice@andreupalma.com 2005001625 EXHIBIT A synchrony BANK 4125 Windward Plaza Alpharetta, Ga, 30005-8378 BILL of SALE id! = = 19 For value received and in further consideration of the mutual covenants and conditio ns set forth in the Forward Flow Accounts Purchase Agreement (the “Agreement"), dated as of the 18" day of February, 2019 by und between Synchrony Bank formerly known as GE Capital Re tail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively “Seller”) and Midland Credit Manage ment, Inc. (“Buyer”), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, the Accounts as set forth in the Notification Files, delivered by Seller to Buyer on or about March 20, 2019, and as further described in the Agreement. Capitalized terms not herein shall have the definition ascribed in the Agreement. defined With respect to information for the Accounts summarized in the Notification Files, the Seller represents and warrants to Buyer that (i) the Account information constitutes the Seller’s own business records and accurately reflects in all material respe cts the information in the Seller's database ; ( ii) the Account information was kept in the regular course of business; (iii) the Account information was made at or near the time by, or from information transmitted by, a person with knowledge of the data entered into and maintained in the Account’s database; and (iv) it is the regular practice of the Seller’s business to maintain and compile such data. Synchrony Bank Retail Finance Credit Services, LLC < By: By: Lynne Lynne Fi: Title: Fat thorized Signatory Title: Vic resident By. oy Lynne Midi Cr lanagement, Inc. Title: rate thorized Signatory Title Speen Purchase Price Reconciliation/Funding Instructions March 21, 2019 To: Midland This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 18" day of February, 2019 (the “Effective Date”), by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively, “Seller”) and Midland Credit Management, Inc. (“Buyer”) with reference to the following facts and circumstances: Portfolio RMS NG Agcy_Atty Code MLPS Total Number of Accounts Outstanding Balances on Transfer Date Cut-Off Date March 20, 2019 Transfer Date March 20, 2019 Purchase Price Factor =z Purchase Price a 0% Holdout 7 Amount of Wire transfer a Date of Funding: March 27, 2019 Bank: ae ABA No. a Account No: a Account Holder: a Location: STATE OF FLORIDA Midland Credit Management, Inc., Plaintiff -vs- AFFIDAVIT OF KENNETH SELL MARK THOMAS, Defendant(s). Kenneth Sell, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1 I am employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC. ("Plaintiff"). I am a competent person over eighteen years of age, and I am authorized to make this affidavit on Plaintiff's behalf. In this affidavit, ] make my statements about this account based upon my personal review and knowledge of those account records maintained by Plaintiff and that are pertinent to those statements (‘Pertinent Records”). 2 Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to MARK THOMAS's SYNCHRONY BANK account EEE (hereinafter "the account"). 3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain account records from the seller and incorporated those records into Plaintiff’s own permanent business records. Those acquired and incorporated records are kept in Plaintiff's regular course of business. 4 The acquired and incorporated records are treated as'trustworthy and accurate, and are relied upon by Plaintiff in servicing this account because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 5 I have access to and have reviewed the Pertinent Records (including pertinent electronic records) concerning the account maintained by Plaintiff. The electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff purchased or was assigned the account, together with records generated by Plaintiff in connection with servicing the account since the date Plaintiff purchased or was assigned the account. 6 The complete chain of title including SYNCHRONY BANK, the original creditor, and all post charge-off purchasers/assignees of the debt are as follows: 1. SYNCHRONY BANK 2019-03-27 2. Midland Credit Management, Inc. AFFIDAVIT OF KENNETH SELL - 1 INA in EM UMAR AGE 3011774 2005001625 I certify under penalty of perjury that the foregoing statements are true and correct. SUN 9 32020 Date KennetK Sell FL109 AFFIDAVIT OF KENNETH SELL - 2 IU 3011 H HUANG 4: 7 AAA ATA 2005001625 A Field Field Data Account_Number a- : 6769 First_Name MARK Last_Name THOMAS SSN soos Birth_Date ae Account_Address_1 3876 WIND DANCER CIR City SAINT CLOUD State FL Zip_Code 34772-8274 Lending_Office_Code AMERICAN SIGNATURE FURN. Contract_Date 1/16/2017 ChargeOff_Date 2/27/2019 Last_Payment_Date 9/1/2018 Last_Purchase_Date 1/16/2017 ChargeOff_Amount 1537.58 Current_Balance 1537.58 Last_Pay_Amount 102 Sum_Post_CO_Interest_Accrued Sum_Post_CO_Fees_Accrued Sum_Post_CO_Pmts_N_Credits alt_num_1 901 Account information provided by Synchrony Bank pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 03/27/2019 in connection with the sale of accounts from Synchrony Bank to Midland Credit Management, Inc. EXHIBIT B AMERICAN SIGNATURE FURNITURE/SYNCB MARK W THOMAS, Account Number : Statement Closing Date: 2/01/2019 Summary of Account Activity Payment Information Previous Balance 81,452.04 New Balance $1,498.58 + New Purchases $0.00 Minimum Payment This Period $112.00 : Payments $0.00 Amount Past Due $636.00 He Credits, Fees & Adjustments (net) $39.00 Total Minimum Payment Due $748.00 He Interest Charge (net) S754 Payment Due Date 02/25/2019 New Balance $7,498.58 PAYMENT DUE BY 5 P.M, EASTERN ON THE DUE DATE, Credit Limit $2,000.00 We may convert your payment into an electronic debit, See Available Credit $0.00 reverse side, Days in Billing Period Late Payment Warning: If we do not receive your Total Pay online for free at: mysynchrony.com Minimum Payment Due by the Payment Due Date listed above, For Synchrony Bank customer service or to report your you may have to pay a late fee upto $39.00. card lost or stolen, call 1-866-396-8254. Minimum Payment Warning: Making only the Total Minimum Bost times to call are Wednesday - Friday. Payment Due will increase the amount of interest you pay and the time it takes to repay your balance. For example: ifyou make no ‘You will pay off [And you will end up| additional charges |the balance shown|paying an estimated using this card and| on this statement total of .. each month you in about... pay... ‘Only the minimum, 13 months $1,508.00 payment If you would lke Information about credit counseling services, call 1-877-302-8797. Promotional Purchase Summary Promotional Promotional Deferred Tran Date Description initial Expiration Balance Interest Charge Purchase Dale Amount 92/02/2020 $1,160.00 80.00 01/15/2017 _| Equal Payment No Interest $2,200.00 ‘A summary of your promotional purchase is provided above, Ifyou have a DEFERRED INTEREST/NO INTERESTIF PAID IN FULL promotion: To avoid paying Deferred Interest Charges con these promotion(s), you must pay the enti applicable Promotional Balance by the Promotional Expiration Date. ‘To make more than one payment see Make Payment To address or pay online at mysynchrony.com. [fransaction Summary ran Date Post Date Reference Number Description Amount FEES 01/25"2019 01/2512019 LATE FEE $39.00 TOTAL FEES FOR THIS PERIOD $39.00] INTEREST CHARGED 02/01/2019 02/01/2019 INTEREST CHARGE ON PURCHASES $7.54 TOTAL INTEREST FOR THIS PERIOD $7.54) 2019 Totals Year-to-Date [Total Fees Charged in 2019 $77.00} [Total interest Charged in 2019 $14.29] [Fotal Interest Paid in 2019 $0.09] * NOTICE: See reverse side and additional pages (If any) for important information concerning your account. S202 oan 41 7 2 aseaoa EDPACE 1 of 3 907 3800 Fees ounss202 Py online at mysynchrany.carn or enclose this coupon wih your check. Please use blue or black ink Total Minimam Past Due Paymont Now ‘Recount Number Payment Due Amount Due Dato. Balance $748.00 3636.00 02/25/2019 37,498.58 ee rere $000.00 New address or e-mail? Payment due includes $ 636.00 past due. Please pay the past due amount PROMPTLY. ‘Check the box at left and 1 you ony pay the Total Minima Due it may not pay off he Promotional Puchase byt pration Dat, print changes on back MARK W THOMAS 3876 WIND DANCER CIR Make Payment to: SYNCHRONY BANK SAINT CLOUD FL, 34772-8274 PO BOX 960061 ORLANDO, FL 32896-0061 interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge: ‘Type of Balance Percentage Interest Rate Rate (APR) Purchases: NA 29.99% $305.96 $7.54 Equal Payment No interest 2102/2020 0.00% $0.00 $0.00 Cardholder News & Information YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. 6 cat aso202 EDPAGE 2 of 2 9073 3800 Fea oanes3e2 aon cat aso202 EDPAGE 3 of 3 9073 3800 Fea oanes3e2 AMERICAN SIGNATURE FURNITURE/SYNCB MARK W THOMAS, Account Number : Statement Closing Date: 09/0z/2018 Summary of Account Activity Payment Information Previous Balance $1,242.00 New Balance $1,280.34] + New Purchases $0.00 Minimum Payment This Period $104.00 : Payments $102.00 Amount Past Due $102.00 He Credits, Fees & Adjustments (net) $38.00 Total Minimum Payment Due $206.00 He Interest Charge (net) $2.34 Payment Due Date 09/25/2018 New Balance $1,280.34 PAYMENT DUE BY 5 P.M, EASTERN ON THE DUE DATE, Credit Limit $2,000.00 We may convert your payment into an electronic debit, See Available Credit $719.00 reverse side, Days in Billing Period 34 Late Payment Warning: If we do not receive your Total Pay online for free at: mysynchrony.com Minimum Payment Due by the Payment Due Date listed above, For Synchrony Bank customer service or to report your you may have to pay a late fee upto $38.00. card lost or stolen, call 1-866-396-8254. Minimum Payment Warning: Making only the Total Minimum Bost times to call are Wednesday - Friday. Payment Due will increase the amount of interest you pay and the time it takes to repay your balance. For example: ifyou make no ‘You will pay off [And you will end up| additional charges |the balance shown|paying an estimated using this card and| on this statement total of .. each month you in about... pay... ‘Only the minimum, 18 months $1,285.00 payment If you would lke Information about credit counseling services, call 1-877-302-8797. Promotional Purchase Summary Promotional Promotional Deferred Tran Date Description initial Expiration Balance Interest Charge Purchase Dale Amount 92/02/2020 $1,160.00 80.00 01/15/2017 _| Equal Payment No Interest $2,200.00 ‘A summary of your promotional purchase is provided above, Ifyou have a DEFERRED INTEREST/NO INTERESTIF PAID IN FULL promotion: To avoid paying Deferred Interest Charges con these promotion(s), you must pay the enti applicable Promotional Balance by the Promotional Expiration Date. ‘To make more than one payment see Make Payment To address or pay online at mysynchrony.com. [fransaction Summary ran Date Post Date Reference Number Description Amount 09/01/2018 09/01/2018 8534812L501TNSPG1 PAYMENT - THANK YOU ($102.00) FEES 08/25/2018 08/25/2018 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00] INTEREST CHARGED 09/02/2018 ogo22018 INTEREST CHARGE ON PURCHASES $2.34 TOTAL INTEREST FOR THIS PERIOD $2.34} 2018 Totals Year-to-Date [Total Fees Charged in 2018 $316.00] [Total Interest Charged in 2018 $2.34] [Total interest Paid in 2018 38,09] * NOTICE: See reverse side and additional pages (If any) for important information concerning your account. S202 oan 41 7 2 aeego2 DPAGE 1 of 3 907 3800 Fees ounss202 Py online at mysynchrany.carn or enclose this coupon wih your check. Please use blue or black ink Total Minimam Past Due Paymont Now ‘Recount Number Payment Due Amount Due Dato. Balance $208.00 $102.00 (09/25/2078 94,280.94 ee rere $000.00 New address or e-mail? Payment due includes $ 102.00 past due. Please pay the past due amount PROMPTLY. ‘Check the box at left and 1 you ony pay the Total Minima Due it may not pay off he Promotional Puchase byt pration Dat, print changes on back MARK W THOMAS 3876 WIND DANCER CIR Make Payment to: SYNCHRONY BANK SAINT CLOUD FL, 34772-8274 PO BOX 960061 ORLANDO, FL 32896-0061 interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge: ‘Type of Balance Percentage Interest Rate Rate (APR) Purchases: NA 29.99% $02.05 $2.34 Equal Payment No interest 2102/2020 0.00% $0.00 $0.00 New Promotional Financing Plans This notice is to let you know about some promotional financing plans that may be available for you when you use your card for future purchases. This is only a summary of key terms. At times,we may offer you other promotional Financing plans for certain purchases. Details of available promotions will be provided to you at the time of your transactions. Not all plans or all plan periods will be available at every retailer. For purposes of this notification, your Purchase Annual Percentage Rate ("APR") is 29.99% See the Interest Charge Calculation section of this biling statement to determine if this APR is variable. Ifa (v) Is shown next to your APR, this APR will vary with the market based on the prime rate, Subject to credit approval. Regular account terms apply to nom: ometional purchases and, after promotion ends, to promotional purchase. No interest if Paid Within Promotional Period (These can be advertised as Deferred Interest promotions) Under this promotion, no Interest Charges will be assessed if the promotional purchase balance (including any promotional fee) is paid in full within the promotional period. if the promotional purchase balance is not paid in full by the end of the promotional Period, interest will be imposed from the date of purchase at the Purchase APRstated above. Minimum monthly payments are required. This promotion may be offered for periods of 6, 12, 18, or 24 months. Please keep this for your records, If you have any questions, please call us at the Customer Service number shown on your statement, Cardholder News & Information ‘Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account. YOUR ACCOUNT IS PAST DUE, PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. 6 cat aeeanz brace 2 of 2 9073 3800 Fea oanes3e2 aon cat aeeanz PAGE 2 of 9073 3800 Fea oanes3e2 EXHIBIT C Forward Flow Receivable Sale Agreement dated January 25, 2019 BILL OF SALE Closing Date: April 26, 2019 Capital One Bank (USA), 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.20190419 BFRLE20190418 BN0076_customer_File.dat.gz. OMEGA.BN0076.SALES.PROD- EAST.20190419_BFRLE20190418 BN0076_main_File.dat.gz, OMEGA.BN0076.SALES.PROD- EAST.20190419_BFRLE20190418_BN0076_phone_File.dat.gz” (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 January 25, 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 File was April 19, 2019. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was a CAPITAL ONE BANK (USA), MIDL. CRED MANAGEMENT, INC, ES NATIONAL ASSOCIATION BES s Hs. R. Lane Lane Title weg Devele a ice President STATE OF FLORIDA Midland Credit Management, Inc., Plaintiff -vs- AFFIDAVIT OF ASIA DELCASTILLO MARK W THOMAS, Defendant(s). Asia DelCastillo, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1 Tam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC. ("Plaintiff"). Iam a competent person over eighteen years of age, and I am authorized to make this affidavit on Plaintiff's behalf. In this affidavit, | make my statements about this account based upon my personal review and knowledge of those account records maintained by Plaintiff and that are pertinent to those statements (“Pertinent Records”). 2. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to MARK W THOMAS's CAPITAL ONE BANK (USA), N.A. account i (hereinafter "the account"). 3 As a result of Plaintiff’s purchase or assignment of the account, Plaintiff acquired certain account records from the seller and incorporated those records into Plaintiff’s own permanent business records. Those acquired and incorporated records are kept in Plaintiff's regular course of business. 4 The acquired and incorporated records are treated as trustworthy and accurate, and are relied upon by Plaintiff in servicing this account because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 5 I have access to and have reviewed the Pertinent Records (including pertinent electronic records) concerning the account maintained by Plaintiff. The electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff purchased or was assigned the account, together with records generated by Plaintiff in connection with servicing the account since the date Plaintiff purchased or was assigned the account. 6 The complete chain of title including CAPITAL ONE BANK (USA), N.A., the original creditor, and all post charge-off purchasers/assignees of the debt are as follows: 1. CAPITAL ONE BANK (USA), N.A. 2019-04-26 2. Midland Credit Management, Inc. AFFIDAVIT OF ASIA DELCASTILLO - 1 IMT MG (Mi ITC i 301380498 AFFCOT 2005001778 I certify under penalty of perjury that the foregoing statements are true and correct. 06/03/2020 Date Ahn League Asia DelCastillo FL109 AFFIDAVIT OF ASIA DELCASTILLO - 2 IM Ia REA 301380498 2005001778 Field Field Data Account_number a- : S153 CUST_NM MARK CUST_MN Ww CUST_LN THOMAS CUST_SSN omy CUST_DOB a CUST_ADR1 3876 WIND DANCER CIR CUST_CITY SAINT CLOUD CUST_ST FL CUST_ZIP 34772-8274 open_dt 7/18/2012 chrgof_dt 2/19/2019 Lst_Purchase_dt 8/11/2018 CHRGOF_BAL 3241.79 ACCOUNT_SALE_BAL 3241.79 POST_CHRGOF_INT 0 POST_CHRGOF_FEE 0 Account information provided by CAPITAL ONE BANK (USA), N.A. pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 04/26/2019 in connection with the sale of accounts from CAPITAL ONE BANK (USA), N.A. to Midland Credit Management, Inc. EXHIBIT D capinagXe Platinum MasterCard Account Ending in Zi Jan. 19, 2019~- Feb. 18, 2019 Page 1 of 3 | 31 days in Billing Cycle Payment Due Date eT For online and phone payments, a Previous Balance $3,181.66 the deadline is 8pm ET. PAST DUE Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $3,241.79 $3,241.79 Transactions + $0.00 IMPORTANT ACCOUNT UPDATES: Cash Advances + $0.00 Fees Charged + $0.00 Your full balance is due. Any payment you make will reduce your balance and help pay off your debt faster. The amount you owe may differ if + $60.13 Interest Charged you've entered into a separate payment agreement. New Balance = $3,241.79 Available Credit (as of Feb. 18, 2019) N/A 300079 Pp Cc.