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  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
  • UHG I LLC -vs- BRITTANY FOWLERConsumer Debt - Non-Jury document preview
						
                                

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System Generated Hearing Date: 10/1/2024 9:00 AM Location: Court, AOR AM Azaz618 J udge: Allegre tt FILED IN THE CIRCUIT COURT OF COOK COUNTY 3/15/2024 12:27 PM MUNICIPAL DEPARTMENT IRIS Y. MARTINEZ 20241107305 CIRCUIT CLERK COOK COUNTY, IL UHG I LLC 20241107305 PLAINTIFF, Case No. Courtroom, 1101 26841529 vs. BRITTANY FOWLER Amount Claimed: $5,436.94 DEFENDANT, COMPLAINT NOW COMES PLAINTIFF, UHG I LLC, by its attorneys, Weltman, Weinberg & Reis Co., L.P.A., complains of the Defendant, BRITTANY FOWLER, as follows: 1 That at all relevant times herein, Plaintiff, UHG I LLC, (‘Plaintiff’) has been authorized to transact business in the State of Illinois. 2 That at all relevant times herein, Defendant, BRITTANY FOWLER (“Defendant”) resided in the State of Illinois, and on information and belief, reside(s) in Cook County, Illinois. 3 Defendant signed and executed a Agreement (hereinafter “Contract”), with Net Credit. 4. The Contract was assigned to Plaintiff for value, and Plaintiff is now the actual bona fide owner of the Contract. 5. The Credit Card or Debt Buyer Collection Action Affidavit is attached hereto. 6. A copy of the Contract is attached hereto. 7 Pursuant to the terms of the Contract, Defendant promised to pay principal and interest on the unpaid balance, in monthly consecutive principal and interest payments as set forth therein. W63 Rev 02/2021 8 The Contract is a valid contract, as the Borrower was offered the terms set forth in the Contract; the Borrower accepted the terms of the Contract and executed the Contract. The Contract is supported by valid consideration in the amount loaned to the Borrower. 9 The Defendant has breached the Contract for failure to make required monthly payments under the Contract when due and is therefore in default on the contract. 10. As aresult of Defendant's default on the Contract, Plaintiff has accelerated the balance due, the entire unpaid principal balance, accrued interest and other fees are due and owing to Plaintiff. 11. Plaintiff has incurred monetary damages as a result of the Defendant's breach of the Contract; the balance due as of the date on the attached affidavit is as follows: Principal balance $5,436.94 Accrued interest $0.00 Other fees $0.00 Total amount due $5,436.94 12. Defendant has been notified of the default on the Contract and has not made any further payments to Plaintiff despite due demand. 13. Plaintiff has performed all of its obligations set forth in the Contract. 14. This lawsuit was filed within the relevant statute of limitations. WHEREFORE, Plaintiff, UHG I LLC prays for Judgment against the Defendant, BRITTANY FOWLER, in the amount of $5,436.94, in the amount of $5,436.94 together with interest from Date of Judgment at the rate of 5.00% per annum and court costs. Weltman, Weinberg & Reis Co., L.P.A. Attorney for Plaintiff By: /s| IVY BECKER 180 N LaSalle Street, Suite 2400 IVY BECKER ARDC # 6345450 Chicago, Illinois 60601 Telephone: 312-782-9676 Email: ChicagoLaw@ Weltman.com Cook # 31495 DuPage # 9676 Peoria # 3725 Winnebago # 6893 W63 Rev 02/2021 WWR #:040733618 CLIENT #: 3980815 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT UHG I LLC Plaintiff, Case No. BRITTANY FOWLER Defendant, CREDIT CARD OR DEBT BUYER COLLECTION AFFIDAVIT (SUPREME COURT RULE 280.2) I, Ces {a fenbincr Ue foz,a designated Agent of UHG I LLC, (Plaintiff). I am of adult age and am fully authorized by Plaintiff to make the following representations. I am familiar with the record keeping practices of Plaintiff. The following representations are true according to documents kept in the normal course of Plaintiff's business and/or my personal knowledge: 1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT a. As of charge-off date: Full name of the Nature of the debt, Full name of the Date the account defendant as it Last four digits of (credit card debt, was opened or the creditor appears on the the account number, payday loan, retail debt originated account installment loan, etc.) INETCREDIT BRITTANY 7953 July 18, 2018 CONSUMER FOWLER [INSTALLMENT [LOAN [AGREEMENT b. Attach one of the following: XX] The written contract giving rise to the debt that is the subject of this court case (the “Consumer Debt”). O The court case is based on an unwritten contract, and attached is a copy of a document provided to the consumer while the account was active, demonstrating that the consumer debt was incurred by the consumer. For a revolving credit account, a statement reflecting the charge-off balance shall be deemed sufficient to satisfy this requirement. The Plaintiff further certifies that it has in its possession and can produce on request the most recent monthly statement recording a purchase transaction, last payment, or balance transfer. The statement reflecting the charge-off balance will not reflect any post charge-off payments or credits by or to the charge-off creditor, the debt buyer or their attorneys. c. The most recent activity on the account prior to or after charge-off, includes: Amount of Original] Total Amount of Date of Last Amount of Last Credits and/or Debt or Charge-Off] Charge-off Date Payment Payment Payments Since Balance Charge-off Date $5,598.99 December 24, 2018] June 13, 2020 $172.42 $162.05 *Credits or payments made within 30 days of the signing of this affidavit may not be reflected. 2 PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS From (Name) To (Name) Date Assignment NETCREDIT UHG I LLC November 6, 2019 (J Does not apply — Plaintiff is the charge-off creditor. 3 ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF Plaintiff is seeking additional amounts after the charge-off date: KINo O yes. C Total amount of interest accrued: ( Total amount of non-interest charges or fee accrued C Plaintiff is seeking attorney’s fees in the amount of Balance due and owning as of date of affidavit: $5,436.94 Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that [s]he verily believes the same to be true. a S U O.Ueler of T IU aU Name of Affiant Signature of Affiant Date EXHIBIT A TO NETCREDIT ADDENDUM FORM OF ADDENDUM AND BILL OF SALE TO FORWARD FLOW ACCOUNTS SALE AGREEMENT ADDENDUM AND BILL OF SALE NUMBER _21_ TO FORWARD FLOW ACCOUNT SALES AGREEMENT ‘This Addendum and Bill of Sale Number _ 2] _is an addendum to that certain Amendment (“Amendment”) dated August 1, 2017, to that certain Forward Flow Accounts Sale Agreement (the “Agreement”), dated July 25, 2016, by and between JTM Capital Management, LLC, now known as UHG I LLC, a New York limited liability company, with its principal place of business at 6400 Sheridan Road, Suite 138, Williamsville, NY (“Buyer”), and CNU Online Holdings, LLC, a Delaware limited liability company (“CNU”), with its principal place of business at 175 West Jackson Boulevard, Suite 1000, Chicago, Ilinois 60604 on its own behalf and in its capacity as an authorized agent for each of its wholly-owned domestic subsidiaries listed on Exhibit A to the Agreement which are separately and collectively referred to herein as the “NetCredit Affiliate(s),” and CNU and all NetCreditA ffiliates are collectively referred to herein as the “Seller”). If there are any conflicts or inconsistencies between the terms of this Addendum and Bill of Sale and the terms of the Agreement and Addendum 1, the terms of this Addendum and Bill of Sale shall control. Capitalized terms not otherwise defined in this Addendum and Bill of Sale shall have the meanings assigned to such terms in the Agreement and/or Addendum 1. Description of Accounts (Electronic Account Listing) and Account Detail attached hereto as Exhibit “1” Applicable Purchase Price Percentage. Unpaid Balance of all the Accounts: Number of Accounts Purchase Price: Total Purchase Price: Closing Date: November 6, 201 WIRING INSTRUCTIONS FOR SELLER Bank Name:__ —_——— ABA (Routing Number): Credit Bank Account Name: ACH Depository Account Number. — Account Description: __ —— Seller hereby sells the Accounts described on Exhibit “1” attached hereto, upon the terms and conditions set forth above and in the Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns. and transfers to Buyer all of Seller's rights, title and interest in each and every one of the Accounts described in the applicable Exhibit A; provided however, such sale, assignment and transfer is made without any representations, warranties or recourse, except as provided in the Agreement [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Parties have signed and delivered this Addendum and Bill of Sale effective as. of November 6, 2019. Buyer Selle: UHG ILLC CNU Online Holdings, LLC, on its own behalf and its capacity as an authorized agent for each of the NetCredit Affiliates By: a By Name: Name: STE ied ing ng Ram Title. nA PV Title: Palen zed sae EXHIBIT A CNU AFFILIATES CashNet Affiliate(s) means a subsidiary or Affiliate as listed as such in Exhibit A to this Agreement. NetCredit Affiliate(s) means a subsidiary or Affiliate as listed as such in Exhibit A to this Agreement. CASHNET AFFILIATE CNU OF ALABAMA, LLC CNU OF ALASKA, LLC CNU OF CALIFORNIA, LLC CNU OF DELAWARE, LLC CNU OF FLORIDA, LLC CNU OF HAWAII, LLC CNU OF IDAHO, LLC CNU OF ILLINOIS, LLC CNU OF IOWA, LLC CNU OF KANSAS, LLC CASHNET CSO OF MARYLAND, LLC CNU OF MAINE, LLC CNU OF MICHIGAN, LLC CNU OF MINNESOTA, LLC CNU OF MISSISSIPPI, LLC CNU OF MISSOURI, LLC CNU OF NEVADA, LLC THE CHECK GIANT NM LLC CNU OF NORTH DAKOTA, LLC OHIO CONSUMER FINANCIAL SOLUTIONS, LLC CNU OF OKLAHOMA, LLC CNU OF OREGON, LLC CNU OF RHODE ISLAND, LLC CNU OF SOUTH CAROLINA, LLC CNU OF SOUTH DAKOTA, LLC CNUE OF TENNESSEE, LLC CNU OF TEXAS, LLC CNU OF UTAH, LLC CNU OF WASHINGTON, LLC CNU OF WISCONSIN, LLC CNU OF WYOMING, LLC NETCREDIT AFFILIATE NC FINANCIAL SOLUTIONS, LLC NC FINANCIAL SOLUTIONS OF ALABAMA, LLC NC FINANCIAL SOLUTIONS OF ARIZONA, LLC NC FINANCIAL SOLUTIONS OF CALIFORNIA, LLC CREDITME, LLC NC FINANCIAL SOLUTIONS OF DELAWARE, LLC NC FINANCIAL SOLUTIONS OF FLORIDA, LLC NC FINANCIAL SOLUTIONS OF GEORGIA, LLC NC FINANCIAL SOLUTIONS OF IDAHO, LLC NC FINANCIAL SOLUTIONS OF ILLINOIS, LLC NC FINANCIAL SOLUTIONS OF INDIANA, LLC NC FINANCIAL SOLUTIONS OF KANSAS, LLC NC FINANCIAL SOLUTIONS OF LOUISIANA, LLC NC FINANCIAL SOLUTIONS OF MARYLAND, LLC NC FINANCIAL SOLUTIONS OF MISSISSIPPI, LLC NC FINANCIAL SOLUTIONS OF MISSOURI, LLC NC FINANCIAL SOLUTIONS OF MONTANA, LLC NC FINANCIAL SOLUTIONS OF NEVADA, LLC NC FINANCIAL SOLUTIONS OF NEW HAMPSHIRE, LLC NC FINANCIAL SOLUTIONS OF NEW JERSEY, LLC NC FINANCIAL SOLUTIONS OF NEW MEXICO, LLC NC FINANCIAL SOLUTIONS OF NORTH DAKOTA, LLC NC FINANCIAL SOLUTIONS OF OHIO, LLC NC FINANCIAL SOLUTIONS OF OREGON, LLC NC FINANCIAL SOLUTIONS OF RHODE ISLAND, LLC NC FINANCIAL SOLUTIONS OF SOUTH CAROLINA, LLC NC FINANCIAL SOLUTIONS OF SOUTH DAKOTA, LLC NC FINANCIAL SOLUTIONS OF TENNESSEE, LLC NC FINANCIAL SOLUTIONS OF TEXAS, LLC NC FINANCIAL SOLUTIONS OF UTAH, LLC NC FINANCIAL SOLUTIONS OF VIRGINIA, LLC NC FINANCIAL SOLUTIONS OF WISCONSIN, LLC een loan_number 953 laccount_id 169} address 1613 W Union St apt_or_unit_number icity Champaign state_abbr IL zip 61821 ljown_or_rent Rent home_number 3125058338 home_autodialing_consent TRUE mobile_number mobile_autodialing_consent work_phone_number 3125058338 lw_is_mobile FALSE lw_autodialing_consent TRUE email_address brittanytfowler@gmail.com first_name Brittany middle_name last_name Fowler date_of_birth —E1090 best_time_to_call ssn 632 third_party_authorizations N/A disbursement_date 7/18/2018 outstanding_balance 5598.99 principal_owed 4000.00} interest_owed 1518.99 late_fee_owed 80.00 last_successful_payment_date 8/10/2018} \date_charge_off 12/24/2018 last_successful_payment_amount 172.42) last_ach_return_reason Payment on this item has been stopped last_ach_return_code ROS last_ach_return_date 8/30/2018 number_of_good_payments 1 number_of_installments 68.00 original_principal_balance 4000.00} amount_paid 172.42 lemployee_type Employment occupation company Cunningham Children’S Home |job_position Supervisor income_type direct_deposit pay_frequency Every 2 weeks on Fridays salary 2100.00} bank_name bank_account_type routing_number bank_account_number original_creditor netcredit creditor netcredit batch_number 110620196UHG lagency_id 6| etl_date 11/6/2019) ILLINOIS CONSUMER INSTALLMENT LOAN AGREEMENT Loan #: Projected Disbursement Date: ss Jul 18, 2018 Account ID: 1069 Creditor: NC Financial Solutions of Illinois, LLC, d/b/a NetCredit 175 W. Jackson Bivd., Suite 1000 Chicago, IL 60604 877-392-2014 Borrower: Brittany Fowler 1613 W Union St, unit B Champaign, IL 61821 312-505-8338 312-505-8338 This Consumer Installment Loan Agreement (hereinafter the “Agreement”) includes the disclosures above, the Federal Truth in Lending Act Disclosures immediately below (“TILA Disclosures”) and the Additional Terms. In this Agreement, the words "you," "your" and “I” mean the borrower who has electronically signed it and the words "we," "us" and "our" mean NC Financial Solutions of Illinois, LLC d/b/a NetCredit ("Lender"), licensed and regulated by the Illinois Department of Financial and Professional Regulation who may be contacted at 100 W. Randolph St., 9th Floor, Chicago IL, 60601 or at (888) 473-4848 (collectively, the parties.) This Agreement is made pursuant to the Illinois Consumer Installment Act (205 ILCS 670/1, et seq.) Before we disburse Loan funds, we will seek to verify the information we have collected in connection with your request for a Loan. Such verification may require you to provide additional information to us. You agree that, in the event that we are unable to complete the verification to our satisfaction, we are not obligated to disburse Loan funds. If we do not disburse Loan funds, we will notify you at the e-mail address you provided on your application. Certain of the TILA Disclosures are based on our expectation that Loan funds will be disbursed to you on the Projected Disbursement Date set forth above. Banking delays or holidays, or delays in making contact with you to verify the information you have provided to us, may cause the Loan funds to be disbursed later. We will begin accruing interest on the date the Loan funds are actually disbursed by us. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION. UNLESS YOU PROPERLY REJECT THE ARBITRATION PROVISION OR ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH US. FOR EXAMPLE, IF WE ELECT TO REQUIRE YOU TO ARBITRATE ANY CLAIM, YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. FEDERAL TRUTH IN LENDING ACT DISCLOSURES Amount FINANCE Financed ANNUAL. CHARGE The PERCENTAGE The dollar amount RATE The cost amount of credit Total of Payments The amount you will have paid after you have made all payments as scheduled of your credit as the credit provided a yearly rate. will cost to you or you. on your behalf. $6343.65 97.38% (e) $4,000.00 $10,343.65 (e) ) Payment Schedule (e) 32 Payment number Amount of Payments When Payments Are Due $172.42 Aug 10, 2018 $172.42 Aug 24, 2018 $172.42 Sep 7, 2018 $172.42 Sep 21,2018 $172.42 Oct5, 2018 $172.42 Oct 19, 2018 $172.42 Nov 2, 2018 $172.42 Nov 16, 2018 $172.42 Nov 30, 2018 10 $172.42 Dec 14, 2018 i $172.42 Dec 28, 2018 12 $172.42 Jan 11, 2019 13 $172.42 Jan 25, 2019 14 $172.42 Feb 8, 2019 15 $172.42 Feb 22, 2019 16 $172.42 Mar8, 2019 17 $172.42 Mar 22, 2019 18 $172.42 Apr 5, 2019 19 $172.42 Apr 19, 2019 20 $172.42 May 3, 2019 21 $172.42 May 17, 2019 22 $172.42 May 31, 2019 23 $172.42 Jun 14, 2019 24 $172.42 Jun 28, 2019 25 $172.42 Jul 12, 2019 26 $172.42 Jul 26, 2019 27 $172.42 Aug 9, 2019 28 $172.42 Aug 23, 2019 29 $172.42 Sep 6, 2019 30 $172.42 Sep 20, 2019 31 $172.42 Oct 4, 2019 32 $172.42 Oct 18, 2019 33 $172.42 Nov 1, 2019 34 $172.42 Nov 15, 2019 35 $172.42 Nov 29, 2019 36 $172.42 Dec 13, 2019 37 $172.42 Dec 27, 2019 38 $172.42 Jan 10, 2020 39 $172.42 Jan 24, 2020 40 $172.42 Feb 7, 2020 41 $172.42 Feb 21, 2020 42 $172.42 Mar 6, 2020 43 $172.42 Mar 20, 2020 44 $172.42 Apr 3, 2020 45 $172.42 Apr 17, 2020 46 $172.42 May 1, 2020 47 $172.42 May 15, 2020 48 $172.42 May 29, 2020 49 $172.42 Jun 12, 2020 50 $172.42 Jun 26, 2020 Sl $172.42 Jul 10, 2020 52 $172.42 Jul 24, 2020 53 $172.42 Aug 7, 2020 54 $172.42 Aug 21, 2020 55 $172.42 Sep 4, 2020 56 $172.42 Sep 18, 2020 57 $172.42 Oct 2, 2020 58 $172.42 Oct 16, 2020 59 $172.42 Oct 30, 2020 $170.87 Nov 13, 2020 Security: You are giving a security interest in the Payment Authorization. Late Charge: If you fail to make all or any part of a scheduled installment payment within 10 days of its scheduled installment due date, you may be charged a late charge of $10.00. Prepayment: If you prepay in full before the cancellation deadline described below, you may be entitled to a refund of part of the finance charge. If you pay in full or in part after this, you will not have to pay a penalty. Contract Reference: See the Additional Terms for any additional information about nonpayment, default, our right to accelerate maturity of this Agreement and prepayment rebates and penalties. (e) means estimate. ITEMIZATION OF AMOUNT FINANCED OF $4,000.00 Amount given to you directly $4,000.00 ADDITIONAL TERMS PROMISE TO PAY, LATE CHARGE, AND CALCULATION OF INTERES’ You promise to pay us $4,000.00 (the amount of the principal) plus interest from the date the Loan Funds are actually disbursed to you until the final installment due date set forth in the payment schedule above (“Payment Schedule”), or any adjusted payment schedule subsequently agreed to by you and us and confirmed by us in writing (“Maturity Date”). You also promise to pay any other charges provided for under this Agreement. The Finance Charge disclosure above represents the amount of interest you will pay under this Agreement assuming you pay all your scheduled installment payments when due according to the Payment Schedule (and assuming your Loan is disbursed on the Projected Disbursement Date). You promise to make the payments you owe by authorizing us to itiate electronic fund transfers from a deposit account of yours; or, in the event that we are unable to process electronic fund transfers, by making payment by another method acceptable to us. In order for your payment to be considered timely, it must be submitted by the cut-off time applicable to your method of payment, which can be found at https://www.netcredit.com/faq. If you fail to make all or any part of a scheduled installment payment within 10 days of its scheduled installment due date, you may be charged a late charge of $10.00. We charge interest under an adjusted daily simple interest method at the annual rate of 98.00% (“Contract Rate”). Interest shall not be payable in advance or compounded. We apply the Contract Rate to the “Adjusted Principal Balance” from the actual disbursement date until the earlier of (i) the Maturity Date, (ii) prepayment in full, or (iii) acceleration pursuant to the default provisions. The term “Adjusted Principal Balance” (hereinafter the “APB”) means the loan principal balance that would be outstanding assuming you make each payment timely, less any additional prepayments of principal. “Timely” means making payment in accordance with the Payment Schedule or any adjusted payment schedule agreed to by the parties and confirmed by us in writing. The APB will equal the outstanding loan principal balance if you make all payments timely and no other payments. You will not be required to pay more total interest than the amount set forth in the Finance Charge box above (unless your Loan is disbursed before the Projected Disbursement Date). PREPAYMENT. You have the right to prepay in full or in part at any time. You will not incur an additional charge, fee or penalty for prepayment. Prepayments of principal may reduce the total amount of interest you pay under this Agreement. To process a partial or full prepayment or receive a payoff balance, you should call us at (877)392-2014 or tell us of your intent to prepay in writing via fax at (855)878-1068 or email at support@netcredit.com. Please note that, unless ranean otherwise specified, any payoff amount we provide will be calculated as of the date we expect to seek payment from your deposit account for the balance owing. CANCELLATION. You have the right to cancel this Loan until 06:00 PM Eastern Time on the next business day immediately following the day we disburse the proceeds of your Loan or, in the case of a refinancing, the third business day immediately following the day we apply your Loan proceeds to pay off another loan (as applicable, the “Cancellation Deadline”). To cancel, you must, no later than the Cancellation Deadline, inform us in writing via fax at (855)878-1068 or email at support@netcredit.com of your intent to cancel, which will authorize us to debit for the principal amount of the Loan, as described below. If you seek to cancel and your cancellation payment is successful, all interest that has accrued will be waived and you will have no further payment obligations under this Agreement. If you seek to cancel but your cancellation payment is returned unpaid or is otherwise not successful, your Loan will not be cancelled and your obligations under this Agreement will continue just as if you had not attempted to cancel. APPLICATION OF PAYMENTS. Payments will be applied first to satisfy any past due amounts owing, and then to any currently scheduled installment amounts owing. If you are past due, we credit all payments received first to the oldest past due amounts owing by applying such first to unpaid fees, second to accumulated but unpaid interest, and third to past due principal owing. We repeat the process until all past due amounts have been paid in full. If you are not past due, we credit all payments to the current or upcoming scheduled installment by applying such first to fees, second to interest, and third to principal as of the date received. If an early payment is less than the amount of the next scheduled installment, then you must pay the difference on or before the corresponding installment due date, Making an installment payment in excess of what is due may reduce the total amount of interest you are scheduled to pay under this Agreement and your remaining payments (starting with your last payment and working backwards). However, you cannot generally rely on an excess payment made on or before one installment due date to satisfy the installment obligation associated with the next installment due date. For example, if you have a 12-installment loan and, on your second installment due date, you make a double payment, you will still owe a regular installment payment on your third due date (but that extra payment will likely reduce the amount of interest you pay and may reduce or eliminate your twelfth installment payment). ELECTRONIC FUND TRANSFER AUTHORIZATION FOR YOUR LOAN PROCEEDS. You authorize us to initiate an electronic fund transfer (“EFT”) to credit the checking or savings account specified in your Application/Data Verification form or any substitute account you may later provide us (the “Deposit Account”) with the proceeds of your Loan. In the event that we make an error in processing this EFT, you further authorize us to initiate an EFT to the Deposit Account to correct the error. You authorize us to initiate EFT credits to the Deposit Account as may be necessary to obtain an accurate balance under this Agreement. PAYMENT AUTHORIZATION. EFT Authorization for Installment Payments; Error Correction; and in the Event of Acceleration, the Loan Balance ‘You authorize us (which includes, for the purpose of this Payment Authorization, our servicers/service providers, successors and assigns and the servicers/service providers of our successors and assigns) to initiate an EFT through the ACH network (or another network of our choosing) from the Deposit Account for the following: + Each of the installment payments due under the Agreement (or, if you make a partial installment payment, the amount of the installment less the amount of any such payment) on or after its due date, including any payment due on a non-banking day, which will be processed on the following banking day; + In the event that you fail to make all or any part of a scheduled payment within 10 days of its scheduled installment due date, you may be charged a late charge of $10.00 on or after the next scheduled installment due date; + The final installment payment due, which may vary based upon payment history (including early payments or extra payments) during the course of the Agreement; « In the event that you cancel the loan as prescribed in the Cancellation provision above, the entire loan principal within two business days of timely cancellation; + In the event that you default and we declare the entire outstanding balance (the “Accelerated Balance”), including all accrued and unpaid interest that you owe under this Agreement, due and payable, the Accelerated Balance on or after the date we accelerate; and * The amount required to correct any error we make in processing an EFT on or after the date we make the error. If any payment cannot be obtained by EFT, you remain responsible for such payment under the Agreement. You agree that we may resubmit any returned EFT as permitted by law and network rules. If you incur any late charges, you agree to allow us to add the amount of such late charge that comes due to your next scheduled installment EFT or to initiate a separate EFT for the late charge on the date of your next scheduled installment EFT. The amount of any EFT for a scheduled installment payment may be reduced by any amount we receive in advance of the EFT that reduces the installment due. You acknowledge that the origination of EFT transactions to the Deposit Account must comply with the provisions of U.S. law. Modified Charges Instead of or in addition to any of the EFTs described above, you authorize us to process any EFTs you subsequently confirm by phone, fax, text message, email, or by logging into the online Loan account portal. Right to Stop Payment and Procedure for Doing So You may terminate one or all of the authorizations to initiate EFTs from the Deposit Account set forth above by calling us, c/o NetCredit, at (877)392-2014, or writing us via fax at (855)878-1068 or e-mail at support@netcredit.com. We will discontinue initiating any EFTs you specify as soon as we reasonably can and, in any event, within three business days after receiving your termination request. In the event that you terminate this authorization, you may make payments on your loan by calling us at (877)392-2014 to initiate repayment by debit card, money order, Western Union, or MoneyGram or by sending us a check to NetCredit, P.O. Box 206766, Dallas, TX 75320-6766. The Individual account ID and Customer Name should be included with payment. No correspondence should be included. Range of Varying Amounts Your scheduled installment payments provided in the Payment Schedule shown above will vary if: (1) you make partial payments; and/or (2) you are assessed any late charges pursuant to the Agreement. The range of your scheduled installment payments will normally not vary by more than the amount necessary for such adjustments. If your scheduled installment payment exceeds the described range, we will send you notice at least ten (10) days in advance of the payment. You may elect to receive notice in advance of any payment amount that varies from that which is in your payment schedule or your most recent payment. To receive advance notice of all varying amount payments, you may call us, /o NetCredit, at (877)392-2014, or write us via fax at (855)878-1068 or e-mail at support@netcredit.com. Your Deposit Account Information If there is any missing or erroneous information concerning your Deposit Account or the financial institution that holds it, then you authorize us to verify and correct such information. You have given us certain information about your Deposit Account so that we can verify the account number and routing number and you acknowledge that your Deposit Account is a legitimate, open, and active account. Fees Your Financial Institution May Charge You For Rejected Payments You understand that the financial institution holding your Deposit Account may impose additional fees in connection with returned or rejected EFTs, and you agree that we do not have any liability regarding any such fees. IN THE EVENT THAT YOU DO NOT HAVE SUFFICIENT FUNDS IN YOUR DEPOSIT ACCOUNT TO COVER THE AMOUNT OF ANY EFT AUTHORIZED HERE, YOU SHOULD CONTACT US AT LEAST THREE BUSINESS DAYS IN ADVANCE OF OUR INITIATING THE EFT SO THAT WE CAN STOP THE EFT AND ARRANGE FOR AN ALTERNATIVE METHOD OF REPAYMENT. Full Force and Effect This Payment Authorization will remain in full force and effect until (i) we have received notification from you, as instructed above, of its termination in such time and in such manner as to afford us and the financial institution holding the Deposit Account a reasonable opportunity to act on it, or (ii) upon full and final payment of the amount you owe us under this Agreement. Optional Nature of Authorization Please note that you are not required to authorize us to initiate EFTs for your installment payments to enter into this Agreement. You have the option of arranging to make your installment payments by a method that does not involve EFTs. You agree that making your installment payments by EFT is for your convenience. By entering the last four digits of your Social Security Number and signing this Payment Authorization and clicking the “I AGREE” button below, you acknowledge that you are voluntarily choosing to make your installment payments by EFT. SECURITY. Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z §1026.2, we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending purposes only, because Federal and Illinois law do not clearly address whether our interest in the ACH Authorization is a "security interest.” WAIVER OF JURY TRIAL. Subject to the Arbitration Provision, if you sign this Agreement you waive your right to have a jury trial to resolve any dispute you may have against us or a related third party. This Waiver of Jury Trial provision does not apply to you if, at the time of entering into this Agreement, you are a member of the armed forces or a dependent of such a member covered by the Federal Military Lending Act. DEFAULT AND ACCELERATION. Subject to any applicable law which may require that we notify and/or give you a right to cure your default, we may declare you in default under this Agreement for any of the following reasons: (i) if you do not pay in full a payment in accordance with the Payment Schedule or any adjusted payment schedule subsequently agreed to by you and us and confirmed by us in writing; (ii) if you violate any promise you make to us in this Agreement; (iii) if you file for protection under the United States Bankruptcy Code, or become subject to a proceeding which seeks relief from debt; (iv) if you have made a false or misleading statement about an important matter in connection with this Agreement, including your application for credit; or (v) you die or become legally incompetent. In the event of default, we may (i) declare the entire outstanding balance that you owe under this Agreement, and if applicable, any other charges permitted by law, immediately due and payable; (ii) proceed to reduce our claim to a judgment in accordance with applicable law; and (iii) exercise any other rights we have under this Agreement or the law. To the extent permitted by applicable law, you agree to pay our court costs, reasonable attorneys’ fees and other collection costs related to the default. NON-WAIVER OF OUR RIGHTS. By choosing any one or more of these remedies listed above, we do not give up our right to use another remedy later. By deciding not to use any remedy should you be in default, we do not give up our right to consider the event a default if it happens again. We may delay or refrain from enforcing any of our rights under this Agreement without waiving such rights. You understand that any waiver of our rights will not be effective unless it is in writing signed by us. CREDIT REPORTING. ‘We may report information about your Loan to credit bureaus. Late payments, missed payments or other defaults on your Loan may be reflected in your credit report. If you believe that any information about your Loan that we have furnished to a consumer reporting agency is inaccurate, or if you believe that you have been the victim of identity theft in connection with any Loan made by us, write to us at NC Financial Solutions of Illi is, LLC. Attn: General Counsel, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. In your letter (i) provide your name and Loan number, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report. GOVERNING LAW AND EXECUTION. This Agreement (other than the Arbitration Provision) and all related disputes are governed by the laws of the United States and the State of Illinois. Except as provided in the ARBITRATION PROVISION, if any provision of this Agreement is determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of this Agreement will remain valid and enforceable. This Agreement is a final expression of the agreement between you and us and this Agreement may not be contradicted by evidence of any alleged oral agreement. The terms of this Agreement may not be changed except in a writing signed by you and us. No change shall release any party from liability unless otherwise expressly stated in writing. All of our rights are cumulative. If we approve this Agreement, then you agree that this Agreement will be binding and enforceable as to both parties. CORRESPONDENCE. All notices to us must be sent via fax at (855)878-1068 or e-mail at support@netcredit.com (“the Notice Address”), with such attention as may be specified in this Agreement. To the extent permitted under applicable law, any notice you send us will not be effective until we receive and have had a reasonable opportunity to act on such notice. Any written or electronic correspondence we send to you will be effective and deemed delivered when sent in accordance with any authorization for electronic communications you execute or mailed to you at your mail address, as it appears on our records. BANKRUPTCY. All bankruptcy notices and related correspondence to us must be sent to the Notice Address, Attn: Bankruptcy Notice. You promise that you have no current intent to file any bankruptcy petition and have not consulted a bankruptcy attorney in the past six months. CHANGE IN CIRCUMSTANCES. ‘You must notify us of any changes to your name, mailing or email address, or phone number (including your cell phone number) within fifteen (15) days by writing us at the Notice Address or going on www.netcredit.com (the “Website”). We will rely on your mail and email addresses as they appear on our records for any and all communications we send you by mail or email unless and until either you or, in the case of your mailing address, the U.S. Postal Service, notifies us of a change of address and we have had a reasonable opportunity to act on such notice. PARTIAL PAYMENTS MARKED PAYMENT IN FULL; SETTLEMENTS. Any check or other payment you send us for less than the total outstanding balance due under this Agreement that is marked “payment in full” or with any similar language or that you otherwise tender as full satisfaction of a disputed amount must be sent to NetCredit, P.O. Box 206766, Dallas, TX 75320-6766. We may deposit any such payment without such deposit effecting a satisfaction of the disputed amount. Any settlement of your Account balance for less than what is owed requires our written agreement. INADVERTENT OVERCHARGES. It is not our intention to charge any interest, fees or other amounts in excess of those permitted by applicable law or this Agreement. If any interest, fee or other amount is determined to be in excess of that permitted by applicable law or this Agreement, the excess amount will be applied to reduce the outstanding balance due under this Agreement or, if there is no outstanding balance, will be refunded to you. CREDIT REPORTS; CREDIT HISTORY. You authorize us to obtain credit and other reports about you from time to time. CONTACTING YOU; PHONE AND TEXT MESSAGES; CALL RECORDING. You authorize us and our assignees and the affiliates, agents, representatives, assigns and service providers of us and our assignees (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Agreement, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, the Messaging Parties’ servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. ASSIGNMENT. We may sell or otherwise transfer our rights under this Agreement and amounts owed by you to another creditor at any time. If we do, this Agreement will remain in effect. You may not transfer your rights under this Agreement. Any attempt to do so will be void. MILITARY LENDING ACT. General The Military Lending Act provides protections for certain members of the Armed Forces and their dependents (“Covered Borrowers”). The provisions of this section apply to Covered Borrowers. If you would like more inf