RET. DATE: JUNE 28, 2016
`
`SUPERIOR COURT
`
`CAPI"'AL ONE BANK (USA), N.A.
`
`JUDICIAL DISTRICT OF
`NEW HAVEN
`
`VS.
`
`RUCHIR D PATEL
`
`:
`
`I
`
`AT MERIDEN
`
`MAY 24, 2016
`
`
`
`irst Ccgunt: Breach of Contract
`
`COMPLAINT
`
`1.
`
`The Defendant, RUCHIR D PATEL (the "Defendant"), made
`
`application to the Plaintiff, CAPITAL ONE BANK (USA), N.A. (the ''Plaintiff"), for
`
`the issuance of a Visa credit card (the "Card").
`
`2.
`
`In response to the Defendant's application, the Plaintiff issued the
`
`Card; at all times mentioned herein, the Defendant was the holder and the user of
`
`said Card currently identified under the account number ************8905.
`
`3.
`
`By the use of the aforesaid Card, the Defendant agreed to be bound
`
`by thc terms and conditions of the Card agreement which was delivered to the
`
`Defer dant, a copy of which is attached hereto as Exhibit A.
`
`-1-
`London 8? London - Attorneys at Law
`48 Christian Lane - Newington, CT 06111 - (860) 666-4500 - JURIS No. 406548
`
`

`
`4.
`
`Pursuant to the terms thereof, the Defendant agreed, i_n_te_rali_a, as
`
`follows:
`
`a.
`
`to pay promptly to the Plaintiff, upon rendition of a statement, the
`
`amount of any credit purchases and/or cash advances;
`
`b.
`
`to pay a finance charge at an annual percentage rate as set forth in
`
`the credit agreement, on all outstanding cash advances and on all
`
`credit purchases; and
`
`c.
`
`to pay any and all costs of collection.
`
`5.
`
`By the use of said Card, the Defendant became indebted to the
`
`Plaintff in the sum of $5,387.44, representing charges for goods, services or cash
`
`advances, together with any finance charges through June 12, 2015, assessed
`
`therersn as set forth in the statement attached hereto as Exhibit B.
`
`6.
`
`The Defendant defaulted in making payment when due by reason of
`
`which the entire indebtedness is immediately due and payable, together with any
`
`finance charges as aforesaid and any and all reasonable costs of collection.
`
`-2-
`London E19 London - Attorneys at Law
`48 Christian Lane - Newington. CT 06111 - (860) 666-4500 - JURIS No. 406548
`
`

`
`Second Count: Uniust Enrichment
`
`1-2.
`
`Paragraphs 1 through 2 of the First Count are hereby re-alleged and
`
`incorporated as Paragraphs 1 through 2 of this the Second Count as if fully stated
`
`hereir=.
`
`3.
`
`The Plaintiff provided the Defendant the revolving line of credit
`
`requested by the Defendant's application in reliance on the Defendant's promise
`
`to pay.
`
`4.
`
`The Defendant utilized the credit extended by the Plaintiff which
`
`resulted in a balance due the Plaintiff.
`
`5.
`
`Despite written demand, the Defendant has unjustly failed,
`
`neglected and refused to pay $5,387.44 owed the Plaintiff, as more particularly
`
`described on ExhibifB attached hereto, although the Defendant received the
`
`benefit of the Credit.
`
`6.
`
`The Plaintiff relied on the Defendant's promise to pay to its
`
`detrin‘ ent.
`
`7.
`
`As a result of the foregoing, the Defendant has been unjustly
`
`enriched and the Plaintiff has suffered damages.
`
`-3-
`London 5? London - Attorneys at Law
`48 Christian Lane - Newington, CT 06111 - (860) 666-4500 - JURIS No. 406548
`
`

`
`..,.“4.w,...._.w......_..e..........4M. em”w»mw.~*_.mum.~_mu_mm&._.«Wmm.m.mwm.Mm»maWwaww.wama.mMw.@mflma«wflwaum.«emmu~a
`
`Third Count: Account Stated
`
`1-4.
`
`Paragraphs 1 through 4 of the First Count are hereby re-alleged and
`
`incorporated as Paragraphs 1 through 4 of this the Third Count as if fully stated
`
`hereirl.
`
`5.
`
`The Plaintiff rendered to the Defendant regular statements of
`
`Defer=dant's account which accurately detailed the correct balance of Defendant's
`
`account
`
`6.
`
`The Defendant retained the statements for an unreasonable time
`
`without objection, as defined by the Federal Truth-ln—Lending Act (TILA), 15
`
`U.S.C. 1666(a), requiring submission of written notice of objection within sixty (60)
`
`days of transmission of the account statement.
`
`7.
`
`As no proper written objection was made, the statements are
`
`presumed accurate, and constitute an account stated which is prima facie
`
`evidence of the correctness of the account.
`
`8.
`
`The final statement of account rendered detailed an account balance
`
`of $5,387.44 as evidenced by Plaintiff's Exhibit B.
`
`-4-
`London E} London - Attorneys at Law
`48 Christian Lane - Newington, CT 06111 - (860) 666-4500 - JURIS No. 406548
`
`

`
`WHEREFORE, the Plaintiff claims:
`
`1.
`2.
`3.
`
`Monetary damages;
`Costs of bringing this action as provided for by statute;
`An order on the Defendant(s) for reasonable weekly payments out of
`sums earned or to be earned for services rendered in accordance
`
`with the statute made and provided;
`and
`
`4.
`
`Such other relief as this Court deems proper.
`
`Notice is hereby given to the Defendant that the Plaintiff intends to seek
`
`satisfaction of any judgment rendered in the Plaintiff's favor in this action from any
`
`debts accruing to the Defendant by reason of the Defendant's personal services.
`
`Thomas Marturano of Newington, Connecticut is hereby recognized in the
`
`sum of Two Hundred Fifty and No One—Hundredths ($250.00) Dollars to
`
`prosecute, etc.
`
`Hereof fail not but of this writ with your doings thereon make due service
`
`and return according to law.
`
`Dated at Newington, Connecticut, this the 24"‘ day of May 2016.
`
`PLAI
`
`CA
`
`IFF,
`
`L ONE BANK (USA), N.A.
`
`Dora Richwine, Esq.
`Its Attorney
`
`-5-
`London £9 London - Attorneys at Law
`48 Christian Lane - Newington, CT 06111 - (860) 666-4500 - JURIS No. 406548
`
`

`
`RET. DATE: JUNE 28, 2016
`
`CAPITAL ONE BANK (USA), N.A.
`
`VS.
`
`RUC:-IIR D PATEL
`
`I
`
`:
`
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`NEW HAVEN
`
`AT MERIDEN
`
`MAY 24, 2016
`
`CLAIM FOR RELIEF
`
`The matter in demand is more than Two Thousand Five Hundred and 00/100
`
`($2,500.00) Dollars but less than Fifteen Thousand ($15,000.00) Dollars exclusive of
`
`intere stand costs.
`
`F -
`
`ONE BANK (USA), N.A.
`
`PLA
`
`CA
`
`By:
`
`Dora Richwine
`
`its Attorney
`
`This communication is from a debt collector. We are required to tell you that this is
`
`an effort to collect a debt, and any information obtained will be used for that purpose.
`
`-6-
`London Er London - Attorneys at Law
`48 Christian Lane - Newington, CT 06111 - (860) 666-4500 - JURIS No. 406548
`
`

`
`Capital One® Customer Agreement
`
`Welcome to Capital One
`Thank you for opening a credit card account with us.
`This Customer Agreement including any changes to it
`(“Agreement") contains the terms of your agreement
`with Capital One.
`
`Definitions
`
`The meanings of the terms you see in italics appear in
`the Glossary section at the end of this Agreement.
`
`As used here, “you" and “your" mean each applicant
`and co-applicant for the Account; any person
`responsible for paying the Account; and any person
`responsible for complying with this Agreement. “We,"
`“us," "our,” and “Capital One” mean Capital One Bank
`(USA), National Association; and its agents, authorized
`representatives, successors, and assignees.
`
`Account Documents
`
`The following documents govern your Account with us:
`
`(1) this Agreement;
`(2) all Statements;
`(3) any rewards program terms, conditions, and
`disclosures;
`(4) any privacy notices;
`(5) your Card benefits brochure which describes
`benefits provided by the Payment Card Network for
`your Account;
`(6) all disclosures and materials provided to you before
`or when you opened your Account;
`(7) any other documents and disclosures relating to your
`Account, including those provided online; and
`(8) any future changes we make to any of the above.
`
`Please read these carefully and keep them for
`future reference.
`
`New Offers
`
`in the future, we may provide you with new offers that
`we think may interest you. The terms of these offers may
`differ from the standard terms on your Account. This
`Agreement will still apply.
`
`Account Information
`
`We need information about you to manage your
`Account. This includes:
`
`(1) your legal name;
`(2) a valid US. mailing address and residential address
`(if different);
`(3) your date of birth;
`(4) your Social Security number or other government
`identification number;
`(5) your telephone number(s); and
`(6) your employment and income information.
`
`You must tell us when this information changes. We may
`ask you for additional documents to verify any changes.
`We may restrict or close your Account if we cannot verify
`your information, or if you do not provide it as requested.
`
`Credit Limits
`
`When you open your Account, we will tell you your credit
`limits. These will also appear on your Statement. We may
`also refer to your credit limits as your credit lines. We may
`give you different credit limits for the different Segments
`of your Account. For example, you may have one credit
`limit for purchases and a different one for Cash Advances.
`
`You are responsible for keeping track of your Segment
`balances and your available credit. You must manage
`your Accountto remain below your credit limits. We may
`honor transactions above your credit limits, but if we do
`these transactions will not increase your credit limit. You
`are responsible for paying for any transaction you make
`above your credit limits.
`
`We may also increase, decrease, restrict or cancel your
`credit limit on any Segrnentat any time. This will not
`affect your obligation to pay us.
`
`Using Your Account
`(1) This Agreement applies whether or not you use your
`Card or Account. it will continue to apply even after
`your Account is closed, as long as you have a balance.
`(2) You must sign the Card immediately when you
`receive it.
`
`(3) You must return the Card to us or destroy it if we ask
`you to.
`(4) You must take reasonable steps to prevent the
`unauthorized use of your Card, Access Checks and
`Account.
`
`(5) We may decline to authorize a transaction for any
`reason. This may occur even if the transaction would
`not cause you to go over your credit limit or your
`Accountis not in default.
`
`(6) We are not responsible for any losses you incur if we
`do not authorize a transaction.
`
`(7) We are not responsible for any losses you incur if
`anyone refuses to accept your Card for any reason.
`(8) Unless we tell you otherwise, we will bill each
`transaction to the applicable Segmentof your
`Account. We will apply it against your available credit
`for that Segment.
`(9) You may obtain Cash Advances and Transfers as
`permitted for your Account. You may not use these to
`pay any amount you owe us or any other company in
`the Capital One organization.
`(10) You must not use, or try to use, the Card for any illegal
`activity. You are responsible for any charges if you do.
`(11) We are not liable for any losses that may result
`when our services are unavailable due to reasons
`
`beyond our control.
`
`
`
`

`
`Rewards
`
`-Authorized Users
`
`Your Accountmay provide you with the opportunity to
`earn rewards. If it does, we will separately provide you
`with information and terms about the rewards.
`
`Access Checks
`
`We may provide you with Access Checks. If we do, we
`will tell you at the time if we consider them purchases,
`Cash Advances or Special Transfers.
`
`Only the person we designate may use Access Checks.
`You may not use them to pay any amount you owe us or
`any other company in the Capital One organization. We
`may reject and not pay any Access Check if:
`
`(1) your Accountis past due, charged off, bankrupt, lost]
`stolen or closed;
`(2) we suspect fraud;
`(3) your Accountis over the credit limit; or
`(4) the check has expired, is damaged or cannot
`otherwise be processed.
`
`Our liability if we do not pay an Access Check will never
`be more than (1) your actual damages or (2) the amount
`of the Access Check, whichever is less.
`
`Use of an Access Check is not the same as using your
`Card. When you use an Access Check, you will have
`fewer rights to dispute merchant transactions than
`with uses of your Card. Please see the “Billing Rights
`Summary" on your Statementand your other Truth-/n-
`Lending Disc/osures for more information.
`
`Stopping Payment of Access Checks
`You may request a stop payment on any Access Check
`by contacting Customer Service.
`
`We will have a reasonable amount of time after your
`stop payment request to research and complete the
`stop payment. We will not be responsible if we cannot
`complete the stop payment. Reasons include:
`
`(1) the Access Check was already paid;
`(2) you do not give us the information we asked for; or
`(3) the information you gave us was incorrect.
`
`We do not have to release the stop payment order unless
`the account holder who made the request asks us to.
`If we re—credit your Accountafter a valid stop payment
`order, you give us all of your rights against the payee or
`other holder of the paid Access Check. You also agree to
`help us in any legal action we may later take against the
`payee or other holder of the check.
`
`Using a PIN
`We may give you a personal identification number (PIN).
`For security reasons, you may have to provide the PIN
`before you are able to use your Card.
`
`Keep your PIN secure. Do not write it down, give it
`to anyone, or keep it with your Card.
`If you lose your
`Card or believe the confidentiality of your PIN has
`been compromised for any reason, you must contact
`Customer Service immediately.
`
`E
`
`If you ask us to issue a Card to any other person,
`they are an Authorized User. We may require certain
`information about them. We may limit their ability to use
`your Card. They may have access to certain information
`about your Account. You will be responsible for their use
`of the Accountand anyone else they allow to use your
`Account, even if you did not want, or agree to, that use.
`
`Removing an Authorized User
`If you want to remove an Authorized Userfrom your
`Account, you must contact Customer Service and
`request their removal. You also must immediately
`destroy all Cards in their possession and cancel any
`arrangements they may have set up on your Account.
`They will be able to use your Account until you have
`notified us that you are removing them from your
`Account. During this time, you will still be responsible
`for all amounts they charge to your Account. You will be
`responsible even if these amounts do not appear on your
`Account until later.
`
`Authorized Users may remove themselves from your
`Account upon request. We reserve the right to remove
`them from your Accountfor any reason. To remove them
`from your Account, we may close your existing Account
`and issue a new Card with a new Accountnumber.
`
`Your Promise to Pay
`You promise to pay us all amounts due on your Account.
`This includes amounts where you did not sign a purchase
`slip or other documents for the transaction. We will treat
`transactions made without presenting your actual Card
`(such as for mail, telephone, Internet, or mobile device
`purchases) the same as if you used the Cardin person. If
`you let someone else use your Card, you are responsible
`for all transactions that person makes.
`
`Statements
`
`We will generally send or make available to you one
`Statement for all Cards on your Account at the end of
`each Bi//ing Cycle. Under certain circumstances, the law
`may not require us to send or make available to you a
`Statement, or may prohibit us from doing so.
`
`Disputed Transactions
`You must inspect each Staternentyou receive. Tell us about
`any errors or questions you have, as described in the "Billing
`Rights Summary” on your Staternentand other Trutn—in-
`Lending Disc/osures. If you do not notify us of an error, we
`will assume that all information on the Statement is correct.
`
`If we credit your Accountfor all or part of a disputed
`transaction, you give us all of your rights against others
`regarding that transaction. You will also:
`
`(1) give us any information about the disputed
`transaction, if we ask;
`(2) not pursue any claim or reimbursement of the
`transaction amount from the merchant or any other
`person; and
`
`

`
`(3) help us get reimbursement from others.
`
`No Warranties
`
`We are not responsible for any claim you may have
`regarding the purchase of goods or services made with
`your Card beyond your rights described in the “Billing
`Rights Summary" on your Statement.
`
`lost or Stolen card
`
`it your Card is lost or stolen or it you think someone else
`may be using your Card or Account number without your
`permission, you must contact Customer Service immediately.
`You will not be responsible for transactions on your Account
`that we find are unauthorized.
`
`If we reimburse you for unauthorized transactions, you
`will help us investigate, pursue and get reimbursement
`from the wrongdoer. Your help includes giving us
`documents in a form that we request.
`
`Interest Charges and Fees
`We will charge Interest Charges and Fees to your Account
`as disclosed on your Statementand other Truth—in—Lencling
`Disclosures. In general, interest Charges begin to accrue
`from the day a transaction occurs. However, we will not
`charge you interest on any new transactions posted to the
`purchase Segment of your Account if you paid the total
`balance across all Segments of your Account in full by
`the due date on your Statement each month. From time
`to time, we may give you offers that allow you to pay less
`than the total balance and avoid interest Charges on new
`purchase Segment transactions. if we do, we will provide
`details in the specific offer.
`
`We will generally treat Fees as purchase transactions
`unless otherwise specified below. These Fees apply to
`your Accountonly it your Truth-intending Disclosures
`provide for them. We may increase your interest Charges
`and Fees as described in the Changes to Your Agreement
`section or in your Truth—in-Lending Disclosures.
`
`Membership Fee
`If your Account has a membership Fee, we may charge
`the first membership Fee either on the day you activate
`your Card or on the day when you use your Account,
`whichever occurs first. If your Account terms include a
`$0 introductory Fee, we may charge the first Fee when
`the introductory period ends. If it is an annual Fee, we
`may then charge it approximately once per year.
`If it is a
`monthly Fee, we may charge it each Billing Cycle.
`
`Late Payment Fee
`We may charge you this Fee if we do not receive
`your payment as instructed on your Statement by the
`payment due date.
`
`Returned Payment Fee
`We may charge you this Fee each time your financial
`institution for any reason rejects a payment you make to us.
`
`Stop Payment Fee
`We may charge you this Fee each time you ask us to
`(1) stop payment on an Access Check or (2) renew an
`existing stop payment order.
`
`Cash Advance Fee
`
`We may charge you this Fee each time you take out a
`Cash Advance. We will treat this Fee as a Cash Advance
`transaction.
`
`Transfer Fee
`
`We may charge you this Fee each time you make a
`Transfer. We will charge the Feeto the same Segment
`where we post the Transfer.
`
`Transactions Made in Foreign Currencies
`If you make a transaction in a foreign currency, the
`Payment Card Network will convert it into a U.S. dollar
`amount. The Payment Card Network will use its own
`currency conversion procedures. The conversion rate
`in effect on the processing date may differ from the rate
`in effect on the transaction date that appears on your
`Statement. We do not adjust the currency exchange rate
`or charge any currency conversion Fees.
`
`Minimum Payment
`You must pay us at least the minimum payment amount
`by the payment due date. Your Statementwill tell you;
`
`(1) the minimum payment due,
`(2) your new balance,
`(3) the payment due date, and
`(4) an explanation of when the payment must reach us
`for us to consider it received as of that date.
`
`Returns and other credits to your Accountwill reduce
`your Account balance, but they will not change your
`minimum payment amount.
`
`In addition to the minimum payment, you may pay
`all or part of the total balance on your Account. But,
`you must still pay at least the minimum payment
`amount each month, even it you paid more than the
`minimum payment due on the previous Statement. We
`will continue to charge interest Charges during Billing
`Cycles when you carry a balance regardless of whether
`your Statementincludes a minimum payment that is
`due. it your Account is 180 days past due, is part of a
`bankruptcy proceeding or is otherwise charged off, the
`total balance is immediately due and payable.
`
`Making Payments
`Your payment must be made in US. dollars from a U.S.
`deposit account in a form acceptable to us. We do not
`accept cash payments through the mail. You may not
`make payments with funds from your Accountor any
`other credit account with us or any other company in
`the Capital One organization. You must send mailed
`payments to us as instructed on your Statement, unless
`we tell you otherwise.
`
`

`
`Other Payment Services
`We may make services available that allow you to make
`faster or recurring payments online or by telephone. We
`will describe the terms for using these services and any
`applicable Fee before you use them. You do not have to
`use these other payment services.
`
`We are not responsible if your financial institution rejects
`a payment made using our payment services.
`
`If you ask someone else to make a payment for you,
`we may provide that person with limited Account
`information necessary to set up and process that
`payment. We may also refuse to accept that payment. If
`we do accept it, you will be responsible for that payment
`even if a financial institution rejects it.
`
`Payment Processing
`We may accept and process payments without losing
`any of our rights. We may delay the availability of
`credit until we confirm that your payment has cleared.
`This may happen even if we credit your payment to
`your Account. We may resubmit and collect returned
`payments electronically. If necessary, we may adjust
`your Accountto correct errors, process returned and
`reversed payments, and handle similar issues.
`
`When you send us an Item as payment, you authorize
`us to make a one-time electronic fund transfer from
`
`your deposit account. You also authorize us to process
`the payment as an Item. We may withdraw the funds
`from your deposit account as early as the same day
`we receive your payment. You will not receive your
`Item back from your bank. We will provide additional
`information about this process on your Statement.
`
`We may use the information from an Item to create an
`electronic image. We may collect and return the image
`electronically. This electronic image may also be converted
`to a substitute check and may be processed in the same
`way we would process an Item. We will not be responsible
`if an Item you provide has physical features that when
`imaged result in it not being processed as you intended.
`
`How We Apply Your Payments
`Your Account may have Segments with different Annual
`Percentage Rates (APR). For example, purchases may
`have a lower APR than Cash Advances. If your Account
`has Segment balances with different APRs, here is how
`we apply payments in a BIII/ng Cycle:
`
`(1) We generally apply credits and payments up to
`your minimum payment first to the balance with the
`lowest APR, and then to balances with higher APRs.
`(2) We apply any part of your payment exceeding your
`minimum payment to the balance with the highest
`APR, and then to balances with lower APRs.
`
`Capital One
`PO Box 1330
`
`Charlotte, NC 28201-1330
`
`This includes Items marked "Paid in Full” or similar
`
`language. This also includes all accompanying
`communications.
`
`If you make such a payment or send any accompanying
`communications to any other address, we may reject it
`and return it to you. We may also accept it and process
`it without losing any of our rights.
`
`Credit Balances
`
`We may reject and return any payment that creates or adds
`to a credit balance on your Account. Any credit balance
`we allow will not be available until we confirm that your
`payment has cleared. We may reduce the amount of any
`credit balance by any new charges. You may write to the
`address provided on your Statement or call Customer
`Service to request a refund of any available credit balance.
`
`Account Default
`You will be in default if;
`
`(1) you do not make any payment when it is due;
`(2) any payment you make is rejected, not paid or
`cannot be processed;
`(3) you exceed a credit limit;
`(4) you file or become the subject of a bankruptcy or
`insolvency proceeding;
`(5) you are unable or unwilling to repay your obligations,
`including upon death or legally declared incapacity;
`(6) we determine that you made a false, incomplete or
`misleading statement to us, or you otherwise tried to
`defraud us;
`(7) you do not comply with any term of this Agreement
`or any other agreement with us; or
`(8) you permanently reside outside the United States.
`
`If you are in default, we may take certain actions with
`respect to your Account. For example, depending on the
`default, we may take the following actions, without notifying
`you, unless the law says that we must give you notice:
`
`(1) charge you Fees, or change the APRs and Fees on
`your Account, if provided in your Truth-/n-Lending
`Disclosures;
`(2) close or suspend your Account;
`(3) lower your credit limitts);
`(4) demand that you immediately pay the total balance
`owing on your Account;
`(5) continue to charge you Interest Charges and Fees as
`long as your balance remains outstanding; and/or
`(6) file a lawsuit against you, or pursue another action that
`is not prohibited by law.
`If we file a lawsuit, you agree to
`pay our court costs, expenses and attorney fees, unless
`the law does not allow us to collect these amounts.
`
`items with Restrictive Words, Conditions,
`or Instructions
`
`You must mail all Items bearing restrictive words,
`conditions, limitations, or special instructions to:
`
`Communications
`
`You agree that we may communicate with you by mail,
`telephone, email, fax, prerecorded message, automated
`E
`
`
`
`
`
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`voice, text message or other means allowed by law .
`regarding your Account.
`
`You agree that we may contact you at any telephone number
`(including a mobile telephone number that you provide us),
`and use an automated telephone dialing system or similar
`device to do so. You agree that we may monitor or record
`any conversation or other communication with you.
`
`Credit Reports
`We may report information about your Accountto credit
`bureaus and others. Late payments, missed payments,
`or other defaults on your Account may be reflected in
`your credit report. information we provide may appear
`on your and the Authorized Users’ credit reports.
`
`it you believe that we have reported inaccurate
`information about your Accountto a credit bureau or
`other consumer reporting agency, notify us in writing at
`PO Box 30281, Salt Lake City, UT 841300281. When
`you write, tell us the specific information that you believe
`is incorrect and why you believe it is incorrect.
`
`We may obtain and use credit, income and other information
`about you from credit bureaus and others as the law allows.
`
`Closing or suspending Your Account
`You may contact Customer Service to ask us to close
`your Account.
`
`We may close or suspend your Accountat any time and for
`any reason permitted by law, even if you are not in default.
`
`if we close or suspend your Accountfor any reason,
`you must stop using your Card. You must also cancel all
`billing arrangements set up on the Account. If we close
`or permanently suspend your Account, you must return
`or destroy all Cards. You must still pay us all amounts
`you owe on the Account.
`
`Changes to Your Agreement
`At any time, we may add, delete or change any term of
`this Agreement, unless the law prohibits us from doing
`so. We will give you notice of any changes as required
`by law. We may notify you of changes on your Statement
`or in a separate notice. Our notice will tell you when and
`how the changes will take effect. The notice will describe
`any rights you have in connection with the changes.
`
`Your variable APRs (if applicable) can go up or down as the
`index for the rate goes up or down. if we increase your APRs
`for any other reason, or it we change your Fees or other
`terms of your Account, we will notify you as required by law.
`
`The Law That Applies to Your Agreement
`We make decisions to grant credit and issue you a Card
`from our offices in Virginia. This Agreement is governed
`by applicable federal law and by Virginia law.
`if any part
`of this Agreement is unenforceable, the remaining parts
`will remain in effect.
`
`Waiver
`
`We will not lose any of our rights if we delay or choose
`not to take any action for any reason. We may waive our
`right without notifying you. For example, we may waive
`your interest Charges or Fees without notifying you and
`without losing our right to charge them in the future.
`
`Assignment
`This Agreement will be binding on, and benefit, any of
`your and our successors and assigns. You may not sell,
`assign or transfer your Accountor this Agreement to
`someone else without our written permission.
`
`We may sell, assign or transfer your Accountand this
`Agreement without your permission and without prior
`notice to you. Any assignee or assignees will take our
`place under this Agreement. You must pay them and
`perform all of your obligations to them and not us. if you
`pay us after we notify you that we have transferred your
`Accountor this Agreement, we can return the payment
`to you, forward the payment to the assignee, or handle it
`in another way that is reasonable.
`
`Glossary
`“Access Check” means any check we send to you to
`access credit from your Account. We may also refer
`to an Access Check as a “convenience check" or a
`
`"purchase check".
`
`-“Accaunt”means your Card Accountwith us.
`
`-“Authorized User"means a person who may use the Card,
`but is not responsible for the repayment of the Account.
`
`-“Balance Transfer”means a Transfer posted to the
`purchase Segment of your Account unless otherwise
`described in your Trutn—in-Lending Disclosures.
`
`-“Billing Cycle" means the period of time reflected on
`a Statement. This period may vary in length, but is
`approximately 30 days. You will have a Billing Cycle
`even if a Statementis not required. We will often
`specify a Bi/ling Cycle by the month in which its closing
`date occurs. For example, a “March Bi/ling Cycle” will
`have a closing date in March. We may also refer to
`a Billing Cycle as a “Billing Period”. if your Account
`balance has charged off, we may switch to quarterly
`Billing Cycles for your Account.
`
`-“Card" means any Capital One credit card associated
`with your Account. This includes all renewals and
`substitutions. it also means any other access device
`for your Accountwe give you that allows you to obtain
`credit, including any Account number.
`
`-“Cash /idvance”means a loan in cash or things we
`consider cash equivalents, including wire transfers,
`travelers’ checks, money orders, foreign currency,
`lottery tickets, gaming chips, and wagers. We post
`Cash Advances to the Cash Advance Segment of your
`Accountand not to your purchase Segment.
`
`

`
`-“Fees” means charges imposed on your Account not
`based on the Annual Percentage Rates.
`
`-“Interest Charges” means any charges to your Account
`based on the application of Annual Percentage Rates.
`
`-“Item”means a check, draft, money order or other
`negotiable instrument you use to pay your Account.
`This includes any image of these instruments. This
`does not include an Access Check.
`
`-“Payment Card Network”means the network provider
`displayed on your Card. This may be Visa Inc,
`MasterCard International Incorporated, or any other
`network provider.
`
`-“Segments" means the different parts of your Account
`we may establish that are subject to unique APRs,
`pricing, or other terms. We create these parts of your
`Account for such things as your purchases, Balance
`Transfers, Cash Advances and Speci'a/ Transfers.
`The sum of your Segment balances equals your total
`Account balance.
`
`.0 “Special Transfer" means a Transfer posted to a
`Segment of your Accountthat is not your purchase
`Segment or Cash Advance Segment.
`
`-“Statement"means a document showing important
`Accountintormation, including all transactions billed to
`your Accountduring a B///ing Cyc/e and information about
`what you must pay. We may also refer to your Statement
`as a “Periodic Statement“ or a “Billing Statement”.
`
`- “Transfers"means amounts transferred from other
`accounts to this Accountand includes Balance
`
`Transfers and Special Transfers.
`
`- “Truth-in-lending Disclosures" means disclosures that
`the federal Truth in Lending Act and Regulation 2
`require for any Account. This includes your application
`and solicitation disclosures, Accountopening
`disclosures, subsequent disclosures, Statements, and
`change in terms notices.
`
`/T
`Capita/IOne’
`© 2014 Capital One
`Capital One is a federally registered service mark.
`All rights reserved.
`
`BR28165] M11286?
`
`3
`
`COF Customer Agreement 005
`
`
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