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  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
  • LVNV FUNDING LLC vs. DEMPSEY, LISAMatters Involving Claims 2,501 - 8,000 document preview
						
                                

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Filing # 191455075 E-Filed 02/07/2024 01:10:29 PM MLG - 4809038 IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA SMALL CLAIMS DIVISION CASE NO. 24000202SP LVNV FUNDING LLC Plaintiff, vs. LISA DEMPSEY Defendant. STATEMENT OF CLAIM COMES NOW the Plaintiff, LYNV FUNDING LLC, by and through its undersigned attorney, sues Defendant LISA DEMPSEY , and alleges: GENERAL ALLEGATIONS This is an action for damages in an amount less than or equal to $8,000.00, exclusive of interest, costs and attorney fees, and comes within the jurisdiction of this Court. Plaintiff is a foreign corporation authorized to bring this action pursuant to Fla. Stat. § 607.1501 (2)(a). Defendant is a resident of CHARLOTTE County, Florida. All conditions precedent to the bringing of this action has been performed, have occurred or have been waived. COUNT I (ACCOUNT STATED) Plaintiff incorporates and realleges paragraphs 1-4. Defendant made purchases and/or received cash advances utilizing credit extended by WEBBANK (the 'Creditor’) , account number XXXXXXXXXXXX6517. In accordance with the transactions made by Defendant on the account (the 'Account') heretofore mentioned, Creditor and Defendant agreed to the resulting balance. Creditor rendered statement(s) of the Account to Defendant, copies of which are attached hereto and incorporated herein as Exhibit 'A', and Defendant did not object to the statement(s). Defendant failed and/or refused to pay for said purchases or cash advances as agreed, or otherwise. 10. Plaintiff has purchased the debt incurred by Defendant and is the legal owner and holder of the debt. 11. Defendant owes Plaintiff $3,163.08. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $3,163.08 plus costs, and such other and further relief as the Court may deem just and proper. COUNT II (UNJUST ENRICHMENT) 12. Plaintiff incorporates and realleges paragraphs 1-4 and paragraph 10. 13 The Creditor has conferred a benefit on Defendant by providing credit for cash advances, products and/or goods and services. 14 Defendant has knowledge of the benefit and the use thereof by Defendant constitutes an unjust enrichment of Defendant at Plaintiff's expense. 15 Defendant has accepted or retained the benefit conferred and the circumstances are such that it would be inequitable for the Defendant to retain the benefit without paying fair value for it. Defendant has failed to pay for said benefit and Defendant has therefore been unjustly enriched. 16. As a result of the unjust enrichment of Defendant, Plaintiff has been damaged in an amount in equal to $3,163.08. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $3,163.08 plus costs, and such other and further relief as the Court may deem just and proper. Mandarich Law Group, LLP /s/ Carolyn Karettis, Esq. Harold E. Scherr, Esq. FBN 240486 P.O. Box 952289 Hunter Masin, Esq. FBN 1028137 Lake Mary, FL 32795 Maxxwell Tyler Hamilton, Esq. FBN 95985 Phone: 407-995-3004 Carolyn Karettis, Esq. FBN 0660876 Facsimile: 407-583-4964 florida@mandarichlaw.com Attorneys for Plaintiff DESIGNATION OF EMAIL ADDRESS Pursuant to Fla. R. Jud. Admin. 2.516 Plaintiff's Counsel hereby designates florida@mandarichlaw.com as its primary email address for the receipt of pleadings. EXHIBIT A ae Te ee a Cok eT FiNGERHUT™ @ Advantage EU ee er CR Ce ae So 2ee Oe PN etl ad Previous Balance 3,085.97 Payments & Credits 0.00 Purchases & Debits 0.00 New Balance 3,163.08 Fees Charged 0.00 Minimum Payment Due 984.79 Interest Charged 77.11 Mail Payment By 09/28/22 New Balance 3,163.08 Payment Due Date 10/05/22 Credit Limit Late Payment Warning: If we do not receive your minimum Available Credit payment by the Payment Due Date listed above, you may have to Statement Closing Date perosrad pay a late fee of up to $41.00. Days in Cycle 31 Minimum Payment Warning: If you make only the minimum Past Due Amount 826.64 payment each period, you will pay more in interest and it will take Minimum Payment Due 984.79 you longer to pay off your balance. For example: If you make no additional ‘ou will pay off the balance|And you will end up paying an] Interest Charge Calculation charges using this card and _|shown on this statement in estimated total of: each month you pay: out: Type of Annual Percentage Balance Subject Interest Only the minimum 6 years $4,873 Balance Rate (APR) to Interest Rate Charge payment Non Deferred 29.99% 3,085.97 7711 If you would like information about credit counseling services call 1-888-364-2268. To avoid additional interest charges, pay the New Balance by the Payment Due Date. (v) APR will vary with the market, based on the Prime Rate. Fees Date Transaction ID Description Amount TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 09/09/22 INTEREST CHARGE 7711 TOTAL INTEREST THIS PERIOD 77.11 TOTAL FEES YTD 2022 349.53 TOTAL INTEREST YTD 2022 623.83 You Are ENROLLED in SAFELINE, an optional program, which can be canceled at any time. For any SafeLine questions, please visit safeline.fingerhut.com or call 1-855-582-2128. NOTICE: See Reverse Side for Important Information Inquiries Regarding Your Fingerhut Advantage Credit Account issued by WebBank, Member FDIC: 1-800-208-2500 ween one sa see a tee anna woe a ne eae se a nnes tenon Sets ae FINGERHUT™ @ Advantage Or tear off and return with your payment by mail. Make your check payable to Fingerhut. Account Number PAYMENT DUE DATE MINIMUM DUE New Balance Amount Enclosed | XOOKK-XKKK-XKKK-6517 Customer Number 10/05/22 $984.79 | $3,163.08 Make your check payable to Fingerhut and mail to: 14 LISA DEMPSEY PO BOX 70281 492 HIPPEL ST PHILADELPHIA, PA 19176-0281 PORT CHARLOTTE FL 33954-2150 IMPORTANT NOTICE 2. You must have used your card far the purchase. ‘Your payment will be credited to your account on the same day we recelve it if the bottom portion 3. You must have not yet fully pald for the purchase. of this statement and your check are received by us on a processing dayby 5:00 pm Eastem Time It all of the criteria above are met and you are still dissatistied with the purchase, contact us In the endosed envelope at our processing center. Payments received after 5:00 pm Eastern Time In writing at: Fingerhut Credit Account Services, 9.0. Box 1250, Saint Cloud MN 56395-1250, will be creditedon the next processing day. Please allow at least seven {7} days for postal delivery. While we investigate, the same rules applyto the disputed amount as discussed above. Atter Payments received at any other tocation in another form or with other documents may not be we finish our investigation, we will tell you our dedsion. At that point, if we think you owe an credited the same day we receive the payment. Our processing days are Monday through Sunday, amount and you do nat pay we may report you as delinquent. exduding holidays for payments received by mail. Payments recerved on holidays will be credited as of the previous processing day. Whenyou send us a checkas 2 payment, you authorize us to use CREDIT BUREAU DISPUTES. Information from your check to make a one-time electronic fund transfer from your deposit account, Ityou believe we inaccurately reported credit history information about you or your Account toa Or to process the payment as a check transaction. When we use information from your check to credit eporting agency, write to us at: Credit Bureau Reporting Services, 6250 Ridgewood Road, make an electronic fund transfer, funds may be withdrawn from your depostt account as soon as Saint Cloud MN 56303, Please provide the Fingerhut Advantage Credit Account number along the same day we recene payment, and you will nat recelve your check back from your financial with a copy of yous credit bureau report reflecting the information that you believe is inaccurate. institution. If your check is retumed to us due to non-sufficient funds we may also re-deposit it through @ one-time electronic fund transfer. You may also make a payment at anytime on your HOW WE CALCULATE INTEREST CHARGES Fingerhut Advantage Account at fingerbut.com/MyAccount or via an automated phone payment To calculate the interest charge payable each month, we muftiply the average daily balance at 1-800-208-2500. Online and automated phone payments will be posted as of the same day if times the monthly periodic rate. Your monthly periodic rate may vary each billing cycle. The made before 11:00 pm Central Time. if your statement shows a credit balance. you may request Mmonthty periodic rate és determined by dividing the APR by 12. Your Account is subject to a a refund of the credit by contacting Fingerhut Credit Services, at the address shown below. You minimum terest charge of $1.00. Average Daily Balance: We figure the interest charge on your May pay the entire balance on your account at anytime without incurring any additional charges Account by applying the manthly periodic rate to the “average dally balance” of your Account, for prepayment. including current transactions. To get the “average daily batance" we take the beginning balance PAYMENTS of your Account, each day, add any new purchases, charges and other fees, and subtract any Payments or credits. This givesus the daily balance. Then. we add up all the daily balances for Make checks payable to Fingerhut and mall to: that billing cycle and divide the total by the number of days in the billing cyde. This gives us Fingerhut Credit Account Services. £.0. Box 70281, Philadelphia, PA 19176-0281 the “average daily balance”. Please write your Fingerhut Advantage Account number on your check. Do not send correspondence Interest charges begin to accrue on each purchase on the date of the purchase. However, if ‘to this address. Mail your payment in the encosed envelope with the payment coupon at the you pald the new balance an yaur previous Statement by the payment due date shown on bottom of your statement. the statement. then: (t} if you pay the new Datance on your current billing statement by the WHAT TO DO IF YOU THINK YOU FIND A MISTAKEON YOUR Dayment due date shown, we impose no interest charges on purchases dising the current STATEMENT billing cycle, and (2} it you make a payment by the payment due date shown on your current billing statement that fs less than the new balance, we will credit that payment as of the first Ifyou think there is an error on your statement, write us at: day in your current billing cycle. In addition, if your Statement reflecteda new balance and you Fingerhut Credit Account Services, P.0. Box 1250. Saint Cloud MN 56395-1250. did not pay that new balance in full by the payment due date on that previous statement, then In your letter, give us the following information: we will not impose Interest charges on any purchases during the current billing cycle it you bay the balance shown on your current Statement by the payment due date reflected on that = Account Information: Your name and your 10-digit Fingerhut Customer Number. current statement. + Dollar Amount: The dollar amount of the suspected error. DEFERRAL PERIODS += Description of Probtem: If you think there Is an error on your bill, describe what you believe is WebBank may offer Accaunts promotional credit offers, inctuding deferred payment offers. ‘wrong and why you believe it is a mistake. Special rules apply to promotional credit offers, which are described at the time of the offer. ‘You must contact us within 60 days after the error appeared on your statement. You must notify us + The date, amount and description of each purchase are identified on your periodic statement of any potential errors in writing. You may cal us, but if you do we are nat required to investigate for the period when you make the purchase. ‘any potential errors and you may have to pay the amount in question. + Each periodic statement contains a summary of all active deferred offers, including unpaid While we investigate whether or not there has been an error, the following are true: balances, any interest charges and the date on which the deferral periods expir = We cannot try to collect the amount in question, or report you as delinquent. = We figure interest charges each month by muttiplying the average dally balance of each = The charge in question may remain on your statement, and we may continue to charge you deferred batance by the monthly periodic rate, interest on that amount. But. if we determine that we made a mistake, you will not have to pay + We do consider all deferred purchases for purposes of determining your available credit, the amount in question or any Interest or other fees related ta that amount. NOTICE OF ASSIGNMENT: The right to receive payment on your Fingerhut = While you do not have Lo pay the amount in question, you are responsible for the remainder of Advantage Credit Account has been assigned by WebBank to Fingerhut. your balance, QUESTIONS ABOUT YOUR STATEMENT += We can apply any unpaid amount against your credit limit, YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT E-mailus at customerservice@fingerhut.com or call 1-800-208-2500 (English) 1-800-556-3208 {En Espanol) PURCHAS! If you use your cardto make a purchase and you are dissatisfied with the goods or services that you receive, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home State or within 100 miles of your current maalling address, and the purchase price must have been more than $50. (Nate: Neither of these are necessaryif your purchase was based on an advertisernent we mailed to you, or if we own the company that sokd you the goods or services.) aia 54813 2/22 a a een IMPORTANT! Has your address, phone number, or e-mail address changed? If so, please fill in any NEW information in the spaces below and we will update your account. Last 4 Digits of Your 16-Digit Credit Account Number Phone Name Address City State Zip E-Mail Address Please provide your e-mail address for business transactions. (We will not send promotional material without your permission.) Check here if yau’d like to receive e-mails about Fingerhut special deals and events. Check here if you also have a WebBank/Fingerhut Fetti Credit Account and you'd like to update your contact information on that account too. Consent for Use of Telephone Numbers: You authorize WebBank/Fingerhut, their affiliates, agents, and others calling at their request or on their behalf to. contact you at any number (i) you have provided to us [ii) from which you have called us, or (ili) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting, using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider,