Preview
Filing # 194646275 E-Filed 03/22/2024 03:44:29 PM
MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE
Plaintiff, EIGHTEENTH JUDICIAL CIRCUIT IN
AND FOR BREVARD COUNTY, FLORIDA
vs. CASE NO
DON GULLICKSON
Defendant. /
STATEMENT OF CLAIM
Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, DON GULLICKSON, 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, ALLY BANK and
Defendant had business transactions between them under account number XXXXXXXXXXXX-
HB On March 31, 2023, 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 $2,965.67 and the costs of bringing this action.
WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of
$2,965.67 and costs.
/s/ Colleen E. Lehmann, Esq
PAYAL CHATANI, Esq., Fla. Bar 25285
COLLEEN E. LEHMANN, Esq., Fla. Bar 33496
JOHANA. GREEN, Esq., Fla. Bar 1011917
MELISSA HORNE, Esgq., Fla. Bar 845051
ELIZABETH FERRELL, Esq., Fla. Bar 52092
CARRIED. TAYLOR, Esq., Fla. Bar 11453
ADRIAN COLLINS, Esq., Fla. Bar 1039331
Attorneys for Plaintiff
PO BOX 2121
WARREN MI 48090
(866) 300-8750 Phone
E-service address: IL_FL@mcemceg.com
PLEASE UNDERSTAND ais COMMUNICATION IS FROM iA DEBT COLLECTOR.
AN ATTEM! T TO COLLE!
ANY INFORMATION OBTAINED WILL BE USED KORG THAT PURPOSE.
Midland Credit Manager 05-2024-SC-021358-XXSC-BC
Filing 1046402 FF a3G File No.: 24-33349 SCP Gullickson esr sol 32980307
Bi
ollo Cardmember
DON GULLICKSON
Ollo Mas
Ending in Ill
rd Page
1of2
Summary of Account Activity
New Statement Balance $2,965.07 Statement € ng Date 03/17/2023
Minimum Payment Due $288.00 Previous Balance $2,965.6
Payment
Due Date 04/12/2023 + Payments $0.00
Pasi Due Amount Ee 60. + Other Credits $0.00
* Purchases $0.00
Late Payment Worsiope ifwe 6: ‘not feeeive Your MummuNt payment by he
date # ed above, you my have fo pay a ate fee of up 6 $0.00, Cash Advane $0.00
Minimum Payment Warning: Ifyou make only the minimum payment cach _
+Other Debits $0.00
penod, you will pay mere in imturest and wil ¢ you longer 1 pay olf your +Fees Charged $0,00
balance. For example:
Interest Charged $0.00
i sou make no New Statement Balance $2,965.67
additonal charges You wil pay off the Anal you will end up
using this card and balance shown on this: paying an estimated Credit Limit $3,000.00
each month statement m about, total of,
you pay... Available Credit $0.00
‘Only the Cash Access Limit $900.00
moinium payment ‘cam $2,966.00
Available for Cash $0.00
‘For information about Credit Counseling Servic call 1-877-413-6322
For Ollo account servicing. visit ollocar com or cail 1-877-494-0020.
Transactions
Trans Date | Post Date Reference | Description Amount
TOTAL FEES. FOR THIS PERIOD. $9.09
_ Interest Charged
O31 Interest Charge on Purchases $0.00
O37 O37 Interest Charge on Cash Advane $0.00
- a
1104 XxNH ' ? " 230307 ° ADPAGE told fo 212 ton STEP OTAATTOS
Y Detach the bottom portion and retum payment using enclosed envelope ta be received no tater than by S p.m. on the due date W
Pay ontine at oflocard.com - Account Number Ending. Payment
Due Date
the fastest way to pay ‘New Statement Balance — $2,965.67 |
SMT
wr Fs
Minimum Payment Due - “$288.00
Payment Due Bate 4/12/2028 2 at 46 a
Please make cheeks payable to alsolailieltslials
Ollo Card Serv [18117] 181 18)20 1122!
Enclosed$ '23| 24125 |26 127 | 28291
New address, phone number or @-mait? Check the
box to the left and print changes on back,
OLLO CARD SERVICES: DON GULLICKSON
P.O. BOX 660371 295 HICKORY AVE
DALLAS TX 75266-0371 MERRITT ISLAND FL 32953-4369
Upotasfastallypafg
fot] fofodgflptpenagy
yepta atte Uppy We hel eed
Filing 194646275 05-2024-SC-021358-XXSC-BC
emilee
einen ities
important information about this Account
Payments ‘Avaitable Credit
Online Payments. You may pay online at olecard.com. Payments made online iat be credited as ofthe date "Your Available Credit may be reckiced by the amount of transactions authorized but not yet posted to your
of receipt if mage by 11-59 p.m. Eastern Time. ‘account. Payments pasted to your account may nat immediately result in crecit avetabaiy.
Payments by Moll: We credit mailed payments as of the date recelved, if the paymentis: (1) reveivedby Lost or Stolen
Card.
3 p.m focal time at the address shown on the remittance stip on the front of your statement: (2) paid witty 'f your credit card is lostor stolen, please contact
us immediately at 1-877-404-0020,
a check drawn in U.S. doliats on a U.S. financial institution oF a). doar meney order: art (3}-set i the ‘What to Do #f You Find a Mistake on Your Staternent
‘return emvelipe with onty the remittance portion of your statement accompanying it. Payrments received ty
‘nad after $ pm. local Hime at the rernitance address on any day inctoding the Prey Ouse Date, but that ‘tyou think there is an error on your statement,
write Io us at Oe Card Services PO. Bax 9222. Otd
otherwise meet the above mequiremnents.wil be credited as of the next day, Credit for atry other payments Bethpage, NY 11804
‘tly be delayed! up to 8 cays. Plage allow 7 to 10 days tor your riiled payment check to reach ug ty mal J your later give us the folowing intoration:
We process mast payment checks electronically by using the information found on your check. Each check * Account information: Your name ane account number.
‘authorizes us to create a one-time electronic funds transter (or process it ass @ check or paper draft}. Funds
ay be withdrawn trom your account as soon as the seme day we receive vour payment. Checks are not ‘Dollar arnount: The dotiar amount of the suspected arto:
setureed to you. + Description of problem f you think there i an error on yaur bil, desortbe what you believe is wrong
‘Payments by. Phone: You may cal us to pay ty phoneat 1-877-494-0020. Payments made by phonewit and avhy you believe its a mistake.
be cradited 1 of the date of receipt ¢ made by 11:59 p mi. Eastern Time, Note: When using the optional "You mast contact ns within 60 days after the error appeared on your statement
payy-by-phone service, you authorize us to intiae an electronic payment frome your account atthe Hnancint ‘Yors must nobly us of any potential ears in wiring or electronically. You shay callus, bu you do wa are
institution you designate. You must authorize the amount and timing of each payment To cance, calus ‘ot required 19 investigate any potential errors and you may have to ay the asrourt in question,
thefore the scheduled payment due date
‘While we investigate eto ort there fas te a erry, the ellowing ae tu
‘How we Calculate your Interest Charges.
Average Daly Batance Method dncuing ow transactions) We fie the interest chearga on your account
+ We cannot ty to collect any amount in question, or report you as definguent ort that ansount Bul,
i vee
toy applying the “daily periodic rate" (OPR} to the “average daily balance”. The daily periodic rate is calculated determine that we made a mistake, you wil Rot have to pay us the astount in question oF any interest
by lviding the APR by 365, The average daily balance for Purchases, Balance Transfers and Cash Advance ‘or other tees related to that amount.
categories ae calculated separately. To aot the average daily balance we take the beginning balance of your ++ The charge in question nray remain on your statement, and we may continue to charge yeu interest
Account each day, add to iis respective category any new Purchases, Cash Advances. Belance Transters, of thal amount.
‘andlor applicable fees, ang subtract payments andior credits, This gives us the dally balance for each day, * you et oan es, yo aie or Seer ye
‘excopt that ifthe daily balance is negaive, we treat its zero. We then add up af of the daily balances tor tance,
‘encls category are divide ty the nuinber of days in the bilina cyte. This gives us the averaye dally balance We can apply any unpaid amount ggainst your credit hm,
Jor each batance category. The interest charged for each batance equals the average daly balance ‘Your Rights You Are Dissatisfied with Your Credit Card Purchases
‘or that balance category times the applicable OPA tmes the runt of days in the bling cycle. The resets
are then acklad together to determinethe total interest charge tar the biting cyeie, To the extont interest 1 you are dissatisfied with the goods or services that you have purchased with your credit card and you
‘ohmnprises any partof your Average Dally Balance, compounding of intarest wil occur. have tried i good faith to correet the problem with the merchant, you may have the right not fo pay the
zemaiving aniount doe on the purchase.
{Interest Begins to Accrtie on Purchases, Balance Transters and Cash Advances: Interest on Purchases,
Cash Advances
and Saiance Transfers accrues from the date of the transaction. f transaction
oocurs a Tose tis ight all atthe folowing must be tue:
‘one tiling cc: but is not posted to your Aocokint unblthe: next biting cycle. the transaction
is axkded oF 1. The purchase rust have been made in your home state or within 100 mies of your current
subtracted on the first day of the biting cde in which the transaction is posted to your Account. You will not nailing address. and the purchase price must have been more than $50. (Note: Nerther of these
fave to pay interest on Purchases if you pay your New Statement Balance in {ul by the Payment Due Date are necessary if your purchase was based on an advertisement we mailed to you, or f we awn the
‘shown onyour statement. which shall not be less than 25 days after the close of the biling cycle. if you have ‘campeny thal sold you the goods or services.)
‘been paying your Account balance in fl an thereiy avoiding interest on Purchases, but then do not pay 2. You must have used your credit card for the purchase. Purchases made with cash advances from an
‘the next New Statement Balan in fll try the PaymentQue Date, n that biking cycle we wil start ebaraing ATH or with a:check that accesses your credit card uecount do not
intereston the unpaid portion of your balance. Unless otherwise disclosed in a promotionaloffer, there is
‘80 period in hick credit extended may be paid without incurring interest on Cash Advances oF Bafana 5. You must aot yet have fully paid for he parchane,
Trantor. (ai ofthe criteria above are met ard you are sti dissatstien with the purchase, contact ux in veriing mt
How we Allocate your Payments
‘Subject to any restrictions of applicabie law, we will apply your payments fo the balances on your Account PO. ax 9222, Ol Bethpage,
NY 1180
Inwhatever manner we determine, Generally f your Account has batances Gidding new transactions) While we investigate, the same nutes apply o the disputed amount as discussed above, After we finish our
‘with ciferant APRs, we wi allocate the amount of your paytnent equal tothe Minimum Payment Due to the tewestigation, we wil ell you ovr decision. At iat point, it we think yous owe an amount and you do not pay,
Jowest APR batances first. Payment amounts that exceed the Minimum Payment Oue wil be alocated to we may report you as definguent
balances with higher APRs before balances with tower APRs. Please roles to your Cardmember Agreement for compete Account terms and conditions,
€ 2020 Cho Cand Services, OTABT
104 4 - 09/28/20
seni sen sme
- Contact Olllo 1. Visit our website: Call us: 3. Mail a payment: 4. Write to us:
ollocard.com 1-877-494-0020 P.O, Box 660371 PO, Box 9222
Dallas, TX 75266 Old Bethpage, NY 11804
Change of information:
Name: oe
Address’ nt nse
Street
os
Gity State” 2p
Phone Number: .
Email: ae
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
Gullickson
ollo Cardmember
DON GULLICKSON
Ollo Mast
Ending j
ard Page
20f2
: Transactions (continued) _
Trans Date L Post Date Tieteence [Description “Amount
TOTAL INTEREST FOR THIS PERIOD. $0.00
_ 2023 Totals Year-to-Date
Total fees charged in 2023 $0, o
Tor ! inter « charged in 2023 sneer se ae $0.00
interest Charge Calcuiation
Your Annus) Perwentage Rate (APR th annual interest te 09 your account
poe? “APR Promotional Rate
End Date
Balance Subject To
interest Rate.
Interest
Charge
PURCHS SES 0.00% $0.00 80,00
CASH ADVANCES: 1.00% $0.00 30.00
Days in Bilayg Cyete: 30 {V) > Variable Rate
Soe reverse side of page one for explanation of Interest Charge calculation.
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
1104 XN 7 an zapair CUO
SOR ce 2 ore 4 atte 1000 STFP OIAAtION
LOAN ACCOUNT ASSIGNMENT
Ally Bank (“Bank”), a Utah state-chartered bank headquartered at 200 West Civic Center Dr., Sandy, UT
84070, does hereby transfer, sign, set over and convey to Fair Square Financial LLC (“F ir Square”),
without recourse, all right, title and interest of Bank in and to each of the Loan Accounts listed on the loan
schedule (“Loan Account Schedule”), attached hereto as Exhibit A, together with the account documents
and all rights and obligations arising under the documents contained therein.
Fair Square, on Bank's behalf, is hereby authorized by Bank to, and shall record on the Loan Account
Schedule attached hereto the date, amount, and loan account number of any Loan Account transferred by
Bank to Fair Square, provided that failure te make any such recordation on such Loan Account Schedule
or any error in such Loan Account Schedule shall not adversely affect Fair Square’s rights with respect to
the Loan Accounts.
Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the
Agreement.
DATED: __ May 23 2023
Ally Bank:
B Bibaoe tageed _
Name: Rob Habgood
Title: Head of Ally Credit Card
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
Gullickson
EXHIBIT A
Loan Account Schedule
The individual Accounts described in the final electronic file named Ally Credit Card Debt Sale
File 202304.xIsx and delivered by Bank to FSF on the date written above, the same deemed.
attached hereto by this reference.
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
Gullickson
PORTFOLIO LEVEL AFFIDAVIT OF SALE
STATE OF DELAWARE
COUNTY OF NEW CASTLE
On May 9, 2023, Greg Permar (“A ffiant") being duly sworn, deposes and says:
i 1am over 18 and not a party to this action. { am a/an Director, Collections and Fraud
Strategy of Fair Square Financial, LLC (“Seller”). In that capacity and as part of my regular job
duties, I have custody of certain business records of Seller, routinely review such business
records, and am familiar with Seller's processes for the sale and assignment of accounts and
business records, including those that are maintained in electronic form.
2. Selfer owns certain accounts, and maintains and records information in the records as
they relate to such accounts. | am authorized to make the statements and representations set
forth in this affidavit on behalf of Seller. The statements set forth herein arc true and correct to
the best of my knowledge, information, and belief, based on either personal knowledge or
review of the business records of Seller. If called upon as a witness, ! can testify competently
to the facts contained herein.
3 My regular job duties include having knowledge of, and access to, business records
relating to the Accounts {as defined below). These records are kept by Seller in the regular
course of business, and it was in the regular course of business of Seller, for an employee or
representative with personal knowledge of the act, event, condition, or opinion recorded to
make memorandum or records or to transmit information thereof to be included in such
memorandum or records, and the records were made at or near the time of the act and/or event
recorded or reasonably
soon thereafter.
4 On or about April 24, 2023, Seller sold a pool of charged-off accounts (the “Accounts”)
by a Credit Card Accounts Sale Agreement to Midland Credit Management, Inc. ("Buyer").
The creditor on the date the Account was charged-off was The Bank of Missouri for charge-off
dates priorto October 28, 2022 and Ally Bank for charge-off dates on or after October 28, 2022.
5. Pursuant to the sale, Seller sold, transferred, assigned, conveyed, granted, bargained, set
over and delivered to Buyer and its successors and assigns, good and marketable title to the
Accounts and any unpaid balance free and clear of any encumbrance, equity, lien, pledge,
charge, claim or security interest. | am not aware of any errors in the Accounts.
6. In connection with the sale of the Accounts, electronic and other records were
transferred to or otherwise made available to the Buyer (the “Transferred Records”). The
Transferred Records have been kept in the regular course
of Seller's business,
and were made
or compiled at or near the time of the event and recorded by (or from information transmitted
by) a person (i) with knowledge of the data entered into and maintained in Seller's business
records, or (ii) who caused the data to be entered into and maintained in Seller's business
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
Gullickson
records To the extunt that the Transferred Revords include records that were prepared by 2
third party, they are records that were incorporated ino thereonef Seller abusiness record
and the aecuracy of such records arc elsed upon by Sele in the regular course of business,
2 {certaty under penalty of perry that he ferepoing i ruc and cortee.
FURTHER AFFIANT SAYEIB NOT,
Signed this 9* day
of May, 2023.
é
vin. enc Be
ie of Af iant Premed Nume of Affi
‘Subsenhed and swam 18 before me this 9 day of May. 20025, by Grey Pemar, Director
Collectionsand Fraud Stmicgy, of Fair Square Financial, LLC.
Mycamnissonctpins: OF (OF / 202%
GREGORY JAMES MESSE
SATE gn OT
pCa
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
Gullickson
CERTIFICATE OF CONFORMITY
STATE OF Dui AWARE
CITY OF WILMINGTON
The undersigned des hereby cert thatthe unlerigascd 1s an atvney at law duty admitted to
Practice m the State of Delaware, und isa resident of West Chester, sn the state of Pennsytvanra,
that the undersigned is a person duly qualified to make this certificate of conformity pursuant
tothe faws of the State of Delaware; that the foregoing acknowledgrgat Greg Ponmmar named
in the foregoing matrurment taken before Gregory Mecse a nabiry in dhe State of Delaware was.
taken in the manner prescribed by such laws of the Stave ofDelaware, being the State xn which
it was ta ind that it duly ewaformis with suet laws andy wal respects valid and effective
jin such state,
S[9a23
G/k ms ae
Date’ Attomey at law far the ate of Delaware
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
Gullickson
BILL OF SALE
THIS BILL OF SALE dated April 24, 2023, is by Fair Square Financial, LLC, a Delaware
limited liability company (“Seller”) to Midland Credit Management, Inc., a Kansas
corporation ("Buyer").
For value received and subject to the terms and conditions of that certain Credit Card
Accounts Sale Agreement, dated December 20, 2019, by and between Seller and Buyer (the
“Agreement”), which by reference is incorporated herein, Seller does hereby transfer, sell,
assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and
assigns, the Accounts identified in the Sale File named Ally Credit Card Debt Sale File
202304 and dated on or about April 18, 2023 and as further described in the Agreement.
Capitalized terms not defined herein shall have the definition ascribed in the Agreement.
The information contained in the Sale File (collectively, “Seller's Accounts Information”) is
true and complete as of the Closing Date. Further, all of the information contained in Seller’s
Accounts Information (a) constitutes Seller’s own business records regarding the Accounts,
and (b) accurately reflects in all material respects the information about the Accounts in
Seller’s possession. All of Seller’s Accounts Information has been kept in the regular course
of Seller’s business, and was made or compiled at or near the time of the event and recorded
by (or from information transmitted by) a person (i) with knowledge of the data entered into
and maintained in Seller’s business records, or (41) who caused the data to be entered into and
maintained in Seller’s business records.
SELLER:
FAIR SQUARE FINANCIAL LLC
py Sek area oe
Name: Scott Bourdreau
Title: Chief Credit Risk Officer
BUYER:
MIDLAND CREDIT MANAGEMENT, INC.
Ay ¢
Bi
Name: Danielle Wohlfehrt
Title: MVP, Business Development
Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC
Gullickson
Preview
Filing # 194646275 E-Filed 03/22/2024 03:44:29 PM MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE Plaintiff, EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA vs. CASE NO DON GULLICKSON Defendant. / STATEMENT OF CLAIM Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, DON GULLICKSON, 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, ALLY BANK and Defendant had business transactions between them under account number XXXXXXXXXXXX- HB On March 31, 2023, 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 $2,965.67 and the costs of bringing this action. WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of $2,965.67 and costs. /s/ Colleen E. Lehmann, Esq PAYAL CHATANI, Esq., Fla. Bar 25285 COLLEEN E. LEHMANN, Esq., Fla. Bar 33496 JOHANA. GREEN, Esq., Fla. Bar 1011917 MELISSA HORNE, Esgq., Fla. Bar 845051 ELIZABETH FERRELL, Esq., Fla. Bar 52092 CARRIED. TAYLOR, Esq., Fla. Bar 11453 ADRIAN COLLINS, Esq., Fla. Bar 1039331 Attorneys for Plaintiff PO BOX 2121 WARREN MI 48090 (866) 300-8750 Phone E-service address: IL_FL@mcemceg.com PLEASE UNDERSTAND ais COMMUNICATION IS FROM iA DEBT COLLECTOR. AN ATTEM! T TO COLLE! ANY INFORMATION OBTAINED WILL BE USED KORG THAT PURPOSE. Midland Credit Manager 05-2024-SC-021358-XXSC-BC Filing 1046402 FF a3G File No.: 24-33349 SCP Gullickson esr sol 32980307 Bi ollo Cardmember DON GULLICKSON Ollo Mas Ending in Ill rd Page 1of2 Summary of Account Activity New Statement Balance $2,965.07 Statement € ng Date 03/17/2023 Minimum Payment Due $288.00 Previous Balance $2,965.6 Payment Due Date 04/12/2023 + Payments $0.00 Pasi Due Amount Ee 60. + Other Credits $0.00 * Purchases $0.00 Late Payment Worsiope ifwe 6: ‘not feeeive Your MummuNt payment by he date # ed above, you my have fo pay a ate fee of up 6 $0.00, Cash Advane $0.00 Minimum Payment Warning: Ifyou make only the minimum payment cach _ +Other Debits $0.00 penod, you will pay mere in imturest and wil ¢ you longer 1 pay olf your +Fees Charged $0,00 balance. For example: Interest Charged $0.00 i sou make no New Statement Balance $2,965.67 additonal charges You wil pay off the Anal you will end up using this card and balance shown on this: paying an estimated Credit Limit $3,000.00 each month statement m about, total of, you pay... Available Credit $0.00 ‘Only the Cash Access Limit $900.00 moinium payment ‘cam $2,966.00 Available for Cash $0.00 ‘For information about Credit Counseling Servic call 1-877-413-6322 For Ollo account servicing. visit ollocar com or cail 1-877-494-0020. Transactions Trans Date | Post Date Reference | Description Amount TOTAL FEES. FOR THIS PERIOD. $9.09 _ Interest Charged O31 Interest Charge on Purchases $0.00 O37 O37 Interest Charge on Cash Advane $0.00 - a 1104 XxNH ' ? " 230307 ° ADPAGE told fo 212 ton STEP OTAATTOS Y Detach the bottom portion and retum payment using enclosed envelope ta be received no tater than by S p.m. on the due date W Pay ontine at oflocard.com - Account Number Ending. Payment Due Date the fastest way to pay ‘New Statement Balance — $2,965.67 | SMT wr Fs Minimum Payment Due - “$288.00 Payment Due Bate 4/12/2028 2 at 46 a Please make cheeks payable to alsolailieltslials Ollo Card Serv [18117] 181 18)20 1122! Enclosed$ '23| 24125 |26 127 | 28291 New address, phone number or @-mait? Check the box to the left and print changes on back, OLLO CARD SERVICES: DON GULLICKSON P.O. BOX 660371 295 HICKORY AVE DALLAS TX 75266-0371 MERRITT ISLAND FL 32953-4369 Upotasfastallypafg fot] fofodgflptpenagy yepta atte Uppy We hel eed Filing 194646275 05-2024-SC-021358-XXSC-BC emilee einen ities important information about this Account Payments ‘Avaitable Credit Online Payments. You may pay online at olecard.com. Payments made online iat be credited as ofthe date "Your Available Credit may be reckiced by the amount of transactions authorized but not yet posted to your of receipt if mage by 11-59 p.m. Eastern Time. ‘account. Payments pasted to your account may nat immediately result in crecit avetabaiy. Payments by Moll: We credit mailed payments as of the date recelved, if the paymentis: (1) reveivedby Lost or Stolen Card. 3 p.m focal time at the address shown on the remittance stip on the front of your statement: (2) paid witty 'f your credit card is lostor stolen, please contact us immediately at 1-877-404-0020, a check drawn in U.S. doliats on a U.S. financial institution oF a). doar meney order: art (3}-set i the ‘What to Do #f You Find a Mistake on Your Staternent ‘return emvelipe with onty the remittance portion of your statement accompanying it. Payrments received ty ‘nad after $ pm. local Hime at the rernitance address on any day inctoding the Prey Ouse Date, but that ‘tyou think there is an error on your statement, write Io us at Oe Card Services PO. Bax 9222. Otd otherwise meet the above mequiremnents.wil be credited as of the next day, Credit for atry other payments Bethpage, NY 11804 ‘tly be delayed! up to 8 cays. Plage allow 7 to 10 days tor your riiled payment check to reach ug ty mal J your later give us the folowing intoration: We process mast payment checks electronically by using the information found on your check. Each check * Account information: Your name ane account number. ‘authorizes us to create a one-time electronic funds transter (or process it ass @ check or paper draft}. Funds ay be withdrawn trom your account as soon as the seme day we receive vour payment. Checks are not ‘Dollar arnount: The dotiar amount of the suspected arto: setureed to you. + Description of problem f you think there i an error on yaur bil, desortbe what you believe is wrong ‘Payments by. Phone: You may cal us to pay ty phoneat 1-877-494-0020. Payments made by phonewit and avhy you believe its a mistake. be cradited 1 of the date of receipt ¢ made by 11:59 p mi. Eastern Time, Note: When using the optional "You mast contact ns within 60 days after the error appeared on your statement payy-by-phone service, you authorize us to intiae an electronic payment frome your account atthe Hnancint ‘Yors must nobly us of any potential ears in wiring or electronically. You shay callus, bu you do wa are institution you designate. You must authorize the amount and timing of each payment To cance, calus ‘ot required 19 investigate any potential errors and you may have to ay the asrourt in question, thefore the scheduled payment due date ‘While we investigate eto ort there fas te a erry, the ellowing ae tu ‘How we Calculate your Interest Charges. Average Daly Batance Method dncuing ow transactions) We fie the interest chearga on your account + We cannot ty to collect any amount in question, or report you as definguent ort that ansount Bul, i vee toy applying the “daily periodic rate" (OPR} to the “average daily balance”. The daily periodic rate is calculated determine that we made a mistake, you wil Rot have to pay us the astount in question oF any interest by lviding the APR by 365, The average daily balance for Purchases, Balance Transfers and Cash Advance ‘or other tees related to that amount. categories ae calculated separately. To aot the average daily balance we take the beginning balance of your ++ The charge in question nray remain on your statement, and we may continue to charge yeu interest Account each day, add to iis respective category any new Purchases, Cash Advances. Belance Transters, of thal amount. ‘andlor applicable fees, ang subtract payments andior credits, This gives us the dally balance for each day, * you et oan es, yo aie or Seer ye ‘excopt that ifthe daily balance is negaive, we treat its zero. We then add up af of the daily balances tor tance, ‘encls category are divide ty the nuinber of days in the bilina cyte. This gives us the averaye dally balance We can apply any unpaid amount ggainst your credit hm, Jor each batance category. The interest charged for each batance equals the average daly balance ‘Your Rights You Are Dissatisfied with Your Credit Card Purchases ‘or that balance category times the applicable OPA tmes the runt of days in the bling cycle. The resets are then acklad together to determinethe total interest charge tar the biting cyeie, To the extont interest 1 you are dissatisfied with the goods or services that you have purchased with your credit card and you ‘ohmnprises any partof your Average Dally Balance, compounding of intarest wil occur. have tried i good faith to correet the problem with the merchant, you may have the right not fo pay the zemaiving aniount doe on the purchase. {Interest Begins to Accrtie on Purchases, Balance Transters and Cash Advances: Interest on Purchases, Cash Advances and Saiance Transfers accrues from the date of the transaction. f transaction oocurs a Tose tis ight all atthe folowing must be tue: ‘one tiling cc: but is not posted to your Aocokint unblthe: next biting cycle. the transaction is axkded oF 1. The purchase rust have been made in your home state or within 100 mies of your current subtracted on the first day of the biting cde in which the transaction is posted to your Account. You will not nailing address. and the purchase price must have been more than $50. (Note: Nerther of these fave to pay interest on Purchases if you pay your New Statement Balance in {ul by the Payment Due Date are necessary if your purchase was based on an advertisement we mailed to you, or f we awn the ‘shown onyour statement. which shall not be less than 25 days after the close of the biling cycle. if you have ‘campeny thal sold you the goods or services.) ‘been paying your Account balance in fl an thereiy avoiding interest on Purchases, but then do not pay 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ‘the next New Statement Balan in fll try the PaymentQue Date, n that biking cycle we wil start ebaraing ATH or with a:check that accesses your credit card uecount do not intereston the unpaid portion of your balance. Unless otherwise disclosed in a promotionaloffer, there is ‘80 period in hick credit extended may be paid without incurring interest on Cash Advances oF Bafana 5. You must aot yet have fully paid for he parchane, Trantor. (ai ofthe criteria above are met ard you are sti dissatstien with the purchase, contact ux in veriing mt How we Allocate your Payments ‘Subject to any restrictions of applicabie law, we will apply your payments fo the balances on your Account PO. ax 9222, Ol Bethpage, NY 1180 Inwhatever manner we determine, Generally f your Account has batances Gidding new transactions) While we investigate, the same nutes apply o the disputed amount as discussed above, After we finish our ‘with ciferant APRs, we wi allocate the amount of your paytnent equal tothe Minimum Payment Due to the tewestigation, we wil ell you ovr decision. At iat point, it we think yous owe an amount and you do not pay, Jowest APR batances first. Payment amounts that exceed the Minimum Payment Oue wil be alocated to we may report you as definguent balances with higher APRs before balances with tower APRs. Please roles to your Cardmember Agreement for compete Account terms and conditions, € 2020 Cho Cand Services, OTABT 104 4 - 09/28/20 seni sen sme - Contact Olllo 1. Visit our website: Call us: 3. Mail a payment: 4. Write to us: ollocard.com 1-877-494-0020 P.O, Box 660371 PO, Box 9222 Dallas, TX 75266 Old Bethpage, NY 11804 Change of information: Name: oe Address’ nt nse Street os Gity State” 2p Phone Number: . Email: ae Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC Gullickson ollo Cardmember DON GULLICKSON Ollo Mast Ending j ard Page 20f2 : Transactions (continued) _ Trans Date L Post Date Tieteence [Description “Amount TOTAL INTEREST FOR THIS PERIOD. $0.00 _ 2023 Totals Year-to-Date Total fees charged in 2023 $0, o Tor ! inter « charged in 2023 sneer se ae $0.00 interest Charge Calcuiation Your Annus) Perwentage Rate (APR th annual interest te 09 your account poe? “APR Promotional Rate End Date Balance Subject To interest Rate. Interest Charge PURCHS SES 0.00% $0.00 80,00 CASH ADVANCES: 1.00% $0.00 30.00 Days in Bilayg Cyete: 30 {V) > Variable Rate Soe reverse side of page one for explanation of Interest Charge calculation. Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC 1104 XN 7 an zapair CUO SOR ce 2 ore 4 atte 1000 STFP OIAAtION LOAN ACCOUNT ASSIGNMENT Ally Bank (“Bank”), a Utah state-chartered bank headquartered at 200 West Civic Center Dr., Sandy, UT 84070, does hereby transfer, sign, set over and convey to Fair Square Financial LLC (“F ir Square”), without recourse, all right, title and interest of Bank in and to each of the Loan Accounts listed on the loan schedule (“Loan Account Schedule”), attached hereto as Exhibit A, together with the account documents and all rights and obligations arising under the documents contained therein. Fair Square, on Bank's behalf, is hereby authorized by Bank to, and shall record on the Loan Account Schedule attached hereto the date, amount, and loan account number of any Loan Account transferred by Bank to Fair Square, provided that failure te make any such recordation on such Loan Account Schedule or any error in such Loan Account Schedule shall not adversely affect Fair Square’s rights with respect to the Loan Accounts. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. DATED: __ May 23 2023 Ally Bank: B Bibaoe tageed _ Name: Rob Habgood Title: Head of Ally Credit Card Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC Gullickson EXHIBIT A Loan Account Schedule The individual Accounts described in the final electronic file named Ally Credit Card Debt Sale File 202304.xIsx and delivered by Bank to FSF on the date written above, the same deemed. attached hereto by this reference. Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC Gullickson PORTFOLIO LEVEL AFFIDAVIT OF SALE STATE OF DELAWARE COUNTY OF NEW CASTLE On May 9, 2023, Greg Permar (“A ffiant") being duly sworn, deposes and says: i 1am over 18 and not a party to this action. { am a/an Director, Collections and Fraud Strategy of Fair Square Financial, LLC (“Seller”). In that capacity and as part of my regular job duties, I have custody of certain business records of Seller, routinely review such business records, and am familiar with Seller's processes for the sale and assignment of accounts and business records, including those that are maintained in electronic form. 2. Selfer owns certain accounts, and maintains and records information in the records as they relate to such accounts. | am authorized to make the statements and representations set forth in this affidavit on behalf of Seller. The statements set forth herein arc true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business records of Seller. If called upon as a witness, ! can testify competently to the facts contained herein. 3 My regular job duties include having knowledge of, and access to, business records relating to the Accounts {as defined below). These records are kept by Seller in the regular course of business, and it was in the regular course of business of Seller, for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records, and the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. 4 On or about April 24, 2023, Seller sold a pool of charged-off accounts (the “Accounts”) by a Credit Card Accounts Sale Agreement to Midland Credit Management, Inc. ("Buyer"). The creditor on the date the Account was charged-off was The Bank of Missouri for charge-off dates priorto October 28, 2022 and Ally Bank for charge-off dates on or after October 28, 2022. 5. Pursuant to the sale, Seller sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to Buyer and its successors and assigns, good and marketable title to the Accounts and any unpaid balance free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest. | am not aware of any errors in the Accounts. 6. In connection with the sale of the Accounts, electronic and other records were transferred to or otherwise made available to the Buyer (the “Transferred Records”). The Transferred Records have been kept in the regular course of Seller's business, and were made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained in Seller's business records, or (ii) who caused the data to be entered into and maintained in Seller's business Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC Gullickson records To the extunt that the Transferred Revords include records that were prepared by 2 third party, they are records that were incorporated ino thereonef Seller abusiness record and the aecuracy of such records arc elsed upon by Sele in the regular course of business, 2 {certaty under penalty of perry that he ferepoing i ruc and cortee. FURTHER AFFIANT SAYEIB NOT, Signed this 9* day of May, 2023. é vin. enc Be ie of Af iant Premed Nume of Affi ‘Subsenhed and swam 18 before me this 9 day of May. 20025, by Grey Pemar, Director Collectionsand Fraud Stmicgy, of Fair Square Financial, LLC. Mycamnissonctpins: OF (OF / 202% GREGORY JAMES MESSE SATE gn OT pCa Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC Gullickson CERTIFICATE OF CONFORMITY STATE OF Dui AWARE CITY OF WILMINGTON The undersigned des hereby cert thatthe unlerigascd 1s an atvney at law duty admitted to Practice m the State of Delaware, und isa resident of West Chester, sn the state of Pennsytvanra, that the undersigned is a person duly qualified to make this certificate of conformity pursuant tothe faws of the State of Delaware; that the foregoing acknowledgrgat Greg Ponmmar named in the foregoing matrurment taken before Gregory Mecse a nabiry in dhe State of Delaware was. taken in the manner prescribed by such laws of the Stave ofDelaware, being the State xn which it was ta ind that it duly ewaformis with suet laws andy wal respects valid and effective jin such state, S[9a23 G/k ms ae Date’ Attomey at law far the ate of Delaware Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC Gullickson BILL OF SALE THIS BILL OF SALE dated April 24, 2023, is by Fair Square Financial, LLC, a Delaware limited liability company (“Seller”) to Midland Credit Management, Inc., a Kansas corporation ("Buyer"). For value received and subject to the terms and conditions of that certain Credit Card Accounts Sale Agreement, dated December 20, 2019, by and between Seller and Buyer (the “Agreement”), which by reference is incorporated herein, Seller does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts identified in the Sale File named Ally Credit Card Debt Sale File 202304 and dated on or about April 18, 2023 and as further described in the Agreement. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. The information contained in the Sale File (collectively, “Seller's Accounts Information”) is true and complete as of the Closing Date. Further, all of the information contained in Seller’s Accounts Information (a) constitutes Seller’s own business records regarding the Accounts, and (b) accurately reflects in all material respects the information about the Accounts in Seller’s possession. All of Seller’s Accounts Information has been kept in the regular course of Seller’s business, and was made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained in Seller’s business records, or (41) who caused the data to be entered into and maintained in Seller’s business records. SELLER: FAIR SQUARE FINANCIAL LLC py Sek area oe Name: Scott Bourdreau Title: Chief Credit Risk Officer BUYER: MIDLAND CREDIT MANAGEMENT, INC. Ay ¢ Bi Name: Danielle Wohlfehrt Title: MVP, Business Development Filing 194646275 Midland Credit Management Inc. v. Don 05-2024-SC-021358-XXSC-BC Gullickson