Preview
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