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`Filing # 172199560 E-Filed 05/01/2023 11:16:19 PM
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`IN THE COUNTY COURT IN AND FOR DUVAL COUNTY, FLORIDA
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`CASE NO.:
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`MIDLAND CREDIT MANAGEMENT, INC.
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`Plaintiff,
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`vs.
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`CARMELA SMITH,
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`Defendant.
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`____________________________/
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`COMES NOW the Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by and through its
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`undersigned counsel, and sues Defendant, CARMELA SMITH, and states as follows:
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`COMPLAINT
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`GENERAL ALLEGATIONS
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`1. This is an action for damages that is within the jurisdictional limits of this court exclusive of
`costs.
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`2. Venue of this action is proper in the county named above because the Defendant is a resident of
`this county and/or because the Defendant executed the subject agreement in this county.
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`3. Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. (hereinafter “Plaintiff”), is a
`DELAWARE LIMITED LIABILITY COMPANY, authorized to do business in Florida.
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`4. Plaintiff and its predecessors have duly performed all promises and conditions precedent as
`required.
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`5. This is an attempt to collect a debt and any information obtained herein will be used for that
`purpose.
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`COUNT I – ACCOUNT XXXXXXXXXXXXXX6822
` ACCOUNT STATED
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`Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
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`follows:
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`6. This is an action for damages that is within the jurisdictional limits of this court exclusive of
`costs.
`7. Upon Defendant’s request, the original creditor, COMENITY CAPITAL BANK, issued a credit
`account in the name of Defendant bearing the account number XXXXXXXXXXXXXX6822.
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/02/2023 04:18:23 PM
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`8. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
`COMENITY CAPITAL BANK and as such is entitled to all rights originally bestowed upon the
`original creditor. See attached Exhibit “A”.
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`9. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
`failed or refused to pay the amount due and owing on the account.
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`10. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had
`business transactions between them where the parties agreed upon a resulting balance. Plaintiff
`is an assignee and as such obtains all rights of the original creditor to be repaid.
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`11. There are no unresolved billing disputes made in response to receiving the account statements
`and, therefore, there is a prima facie case establishing the correctness of the account balance.
`See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4th DCA 2010). Copies of any available
`statements are attached hereto and incorporated herein as Composite Exhibit “B”.
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`12. By submitting payments in response to the monthly statements rendered and delivered by the
`original creditor, the Defendant accepted the resulting balance.
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`13. After adjustment for any credits or payments made after charge-off of the account, Defendant
`owes Plaintiff the amount of $1,506.14.
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`WHEREFORE, as to Count I, Plaintiff respectfully requests this Honorable Court enter Judgment
`in its favor against Defendant in the sum of $1,506.14 together with Court costs as described herein and
`any other just and further relief as this Honorable Court deems just and proper.
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`COUNT II– ACCOUNT XXXXXXXXXXXXXX4678
`ACCOUNT STATED
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`Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
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`follows:
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`14. This is an action for damages that is within the jurisdictional limits of this court exclusive of
`costs.
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`15. Upon Defendant’s request, the original creditor, COMENITY BANK, issued a credit account in
`the name of Defendant bearing the account number XXXXXXXXXXXXXX4678.
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`16. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
`COMENITY BANK and as such is entitled to all rights originally bestowed upon the original
`creditor. See attached Exhibit “C”.
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`17. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
`failed or refused to pay the amount due and owing on the account.
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`18. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had
`business transactions between them where the parties agreed upon a resulting balance. Plaintiff
`is an assignee and as such obtains all rights of the original creditor to be repaid.
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`19. There are no unresolved billing disputes made in response to receiving the account statements
`and, therefore, there is a prima facie case establishing the correctness of the account balance.
`See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4th DCA 2010). Copies of any available
`statements are attached hereto and incorporated herein as Composite Exhibit “D”.
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`20. By submitting payments in response to the monthly statements rendered and delivered by the
`original creditor, the Defendant accepted the resulting balance.
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`21. After adjustment for any credits or payments made after charge-off of the account, Defendant
`owes Plaintiff, the amount of $1,426.07.
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`WHEREFORE, as to Count II, Plaintiff respectfully requests this Honorable Court enter Judgment
`in its favor against Defendant in the sum of $1,426.07 together with Court costs as described herein and
`any other just and further relief as this Honorable Court deems just and proper.
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`COUNT III– ACCOUNT XXXXXXXXXXXXXX5061
`ACCOUNT STATED
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`Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
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`follows:
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`22. This is an action for damages that is within the jurisdictional limits of this court exclusive of
`costs.
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`23. Upon Defendant’s request, the original creditor, COMENITY BANK, issued a credit account in
`the name of Defendant bearing the account number XXXXXXXXXXXXXX5061.
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`24. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
`COMENITY BANK and as such is entitled to all rights originally bestowed upon the original
`creditor. See attached Exhibit “E”.
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`25. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
`failed or refused to pay the amount due and owing on the account.
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`26. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had
`business transactions between them where the parties agreed upon a resulting balance. Plaintiff
`is an assignee and as such obtains all rights of the original creditor to be repaid.
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`27. There are no unresolved billing disputes made in response to receiving the account statements
`and, therefore, there is a prima facie case establishing the correctness of the account balance.
`See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4th DCA 2010). Copies of any available
`statements are attached hereto and incorporated herein as Composite Exhibit “F”.
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`28. By submitting payments in response to the monthly statements rendered and delivered by the
`original creditor, the Defendant accepted the resulting balance.
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`29. After adjustment for any credits or payments made after charge-off of the account, Defendant
`owes Plaintiff, the amount of $1,006.89.
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`WHEREFORE, as to Count III, Plaintiff respectfully requests this Honorable Court enter Judgment
`in its favor against Defendant in the sum of $1,006.89 together with Court costs as described herein and
`any other just and further relief as this Honorable Court deems just and proper.
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`WHEREFORE in aggregate of the amounts owed in Count I, Count II, and Count III of the
`Complaint, Plaintiff, respectfully requests this Honorable Court enter Judgment in its favor against
`Defendant in the sum of $3,939.10 together with court costs as described herein and any other just and
`further relief as this Honorable Court deems just and proper.
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`Respectfully submitted,
`ANDREU, PALMA, LAVIN, & SOLIS, PLLC
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`_________________________________
`887 Donald Ross Road
`Juno Beach, FL 33408
`Tel. (877)229-5972
`Fax. (800)391-2178
`Email: eservice@andreupalma.com
`2305001575
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`EXHIBIT A
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`EXHIBIT A
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`BILL OF SALE
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`Comenity Capital Bank (“Seller”), for value received and pursuant to the terms and
`conditions of that certain Credit Card Account Purchase Agreement dated October25,
`2019 between Seller and Midland Credit Management,Inc. (“Purchaser”), its successors
`and assigns (“Credit Card Account Purchase Agreement”), hereby assignseffective as of
`the Closing Date of February 22, 2022 all rights, title and interest of Seller in and to
`those certain Accounts described in the Credit Card Account Purchase Agreement
`and Schedule | (the “Asset Schedule”) attached hereto and madepart hereofforall
`purposes, to Purchaser.
`“Seller’s Accounts
`(collectively,
`the Sale File
`in
`The
`information
`contained
`Information”) is true and complete as of the File Creation Date. Further, all of the
`information contained in Seller’s Accounts Information (a) constitutes Seller’s own
`business records regarding the Accounts and (b) accurately reflects in all material
`respects the information about the Accounts in Seller’s possession. All of Seller’s
`Accounts Information has been kept in the regular course of Seller’s business, and was
`made or compiled at or near the time of the event and recorded by (or from information
`transmitted by) a person (i) with knowledge of the data entered into and maintained in
`Seller’s business records, or (ii) who caused the data to be entered into and maintainedin
`Seller’s business records. All capitalized terms used, but not defined, in this Bill of Sale
`shall have the meanings assigned to such term in the Credit Card Account Purchase
`Agreement.
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`This Bill of Sale is executed without recourse exceptas stated in the Credit Card Account
`Purchase Agreementto whichthis is an Exhibit. No other representation of or warranty of
`title or enforceability is expressed or implied.
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`COMENITY CAPITAL BANK
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`Midland Credit Management,Inc,
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`py:_rtee fer——py, Llinuclic, Meese
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`Date:
`3/ Gf L2—
`Date: 3/17/2022
`Title: Chief Credit Officer
`Title VP of Business Development
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`SCHEDULE1 TO BILL OF SALE
`ASSET SCHEDULE
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`The individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement and
`Bill
`of
`Sale
`are
`described
`in
`the
`electronic
`file
`named
`MCMG_HF_FEB_2022_DPL_CCB.TXT;MCMG_HF_FEB_2022_LCS_CCB.TXT delivered by
`Comenity Capital Bank to Midland Credit Management,
`Inc.
`on February 14, 2022 and
`summarized in the table immediately below (the “Sale File”).
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`# of Charged-off
`File Creation Date
` Aggregate Unpaid Balance
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`Accounts
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` 02/11/2022
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`Percent
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`EXHIBIT B
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`CLOSING STATEMENT
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`AGREEMENTDATE:
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`October 25, 2019
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`SELLER:
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`PURCHASER:
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`COMENITY CAPITAL BANK
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`Midland Credit Management, Inc.
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`FILE NUMBER:
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`NUMBER OF ACCOUNTS:
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`TOTAL UNPAID BALANCE:
`PURCHASEPRICE
`PERCENTAGE:
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`PURCHASE PRICE:
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`MCMG_HFFEB2022DPL_CCB.TXT:
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`MCMG_HFFEB2022LCSCCB.TXT
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`FILE CREATION DATE:
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`February 11, 2022
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`CLOSING DATE:
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`February 22, 2022
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`WIRING INSTRUCTIONS
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`EXHIBIT B
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`Summary of account activity
`Account no.
`KARKK KKKK XKEX_EEO D
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`Previous balance
`$1,432.99
`Payments
`0.00
`Other credits
`0.00
`Purchases
`0.00
`Other debits
`0.00
`Fees charged
`41.00
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`Interest charged
`32.15
`New balance
`$1,506.14
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`7
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`Payment information
`New balance
`Minimum payment due
`Payment due date
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`$1,506.14
`$512.00
`02/04/2022
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`Late payment warning:
`If we do not receive your minimum payment by 02/04/2022 you may
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`to a $41.00 late fee.
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`Minimum payment warning: If you make only the minimum
`payment for each pericd, you will pay more in interest and it will take
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`you longer to pay off your balances. For example:
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`PAGE 1 OF 4
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`And you will
`You will pay off
`If you make no additional
`436.00
`Past due amount
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`Credit limit the balance shown|end up paying an$1,240.00 charges using this card
`and each month you pay:
`on the statement
`estimated total
`Available credit
`$0.00
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`in about:
`of:
`Statement closing date
`01/09/2022
`Days in billing cycle
`31
`4 years
`$2330
`Only the minimum payment
`For information regarding credit counseling services,
`call 1-800-284-1706.
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`Skip signing in to pay and use Comenity’s EasyPay. It’s safe and convenient. Use your smartphone camera or code
`reader to scan the QR code printed on your payment stub below to get started.
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`
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`Details of your transactions
`nAoA one2SNES2hESS2See:eMNie
`Fees
`01/04/2022
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`LATE FEE
`Total fees charged for this period
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`41.00
`$41.00
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`Interest charged
`$32.15
`Interest charge on purchases
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`Total interest for this period $32.15
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`2022 totals year to date
`$41.00
`Total fees charged in 2022
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`Total interest charged in 2022 $32.15
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`Interest charge calculation
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`Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit card agreement.
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANGE
`APR
`TO INTEREST RATE
`CHARGE
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`Purchasesprior to 03/31/2021
`Purchases
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`25.9900% (v)
`25.9900%(v)
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`1,253.85
`202.50
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`27.68
`4.47
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` Additional important messages
`Effective February 2, 2022, the cutcff times for payments to be credited on the same day when the
`payments are made over the phone and online are changing. Telephone and online Account Center
`payments made by 5:00 pm Eastern Time will post on the same day. Please see the information provided
`on the back of the first page of your statement for more details about payment cutoff times.
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`NOTICE: See reverse side for important information.
`Please tear at perforation above
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`(CONTINUED)
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`Account
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`PUPP pe pee Q ppp Ue fpotggeeQ epee tg peg pp ee peet ep ppp e te pet peg ppp le
`CARMELA SMITH
`989 MONUMENT RD APT 1115
`JACKSONVILLE FL 32225-7431
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`Please return this portion along with your paymentto:
`PO BOX 650964
`DALLAS TX 75265-0964
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`
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`COMENITY - Ultamate Rewards
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`LU I
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`J A
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`Boe AUT Y
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`Ld)
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`Yes, | have moved or updated my
`e-mail address - see reverse.
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`| New balance
`Minimum payment
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`$512.00
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`$1,506.14
`99g4
`ET
`by 6
`h
`t
`t
`Mailed
`Amount
`onO2/G4/2022. ace ail
`enclosed:
`$Please make check payable to:
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` Keep this portion for your records.
`
`First Name
`Title (optional)
`Soc. Sec. No.
`Last Narme
`Street Address
`PO Box
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`Apt. No.
`RR
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`Foreign Map Code
`City
`State
`Zip Code
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`Home Phone
`Work Phone
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`Email Address
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`MI
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`CREDIT REPORTING. We may reporl inlormalion aboul your accounl lo credil
`bureaus. Late payments, missed payments, or other defaults on your account may
`be reflected in your credit report.
`NOTICE OF CREDIT REPORT DISPUTES I! you believe Lhe accounl inlormalion
`we reported to a consumer reporting agency is inaccurate, you may submit a
`direct dispute to Comenity Capital Bank PO Box 182120, Columbus, OH
`43218 2120. Your written dispute must provide sufficient information to identify
`Lhe accounl and specily why Lhe imnlormalion is inaccurale:
`* Account Information: Your name and account number
`* Contact Information: Your address and telephone number
`* Disputed Information:
`Identify the account information disputed and explain
`why you belicve it is inaccurate
`* Supporting Documentation:
`If available, provide a copy of the section of the
`credit report showing the account information you are disputing
`We will investigate the disputed information and report the results to you within
`30 days ol receipl ol Lhe inlormalion needed lor our invesligalion.
`Il we lind Lhial
`the account information we reported is inaccurate, we will promptly provide the
`necessary correction to each consumerreporting agency to which we reported the
`information.
`PAYMENTS MARKED “PAID IN FULL”. All wrillen comrnunicalions regarding
`disputed amounts that include any check or othcr payment instrument marked
`with “payment in full” or similar language, must be sent to: 3000 Kcellway
`Drive, Suile 120 Carrolllon, TX 75006.
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`We may accept payment sent to any other address without losing any of
`our rights.
`- No payment shall operate as an accord and satisfaction without prior
`wrillen approval.
`CUSTOMER SERVICE. Visit: comenity-net/ultamaterewardscreditcard or call
`1-866-254-9971 (TDD/TTY 1-888-819-1918).
`TELEPHONE MONITORING.
`[o provide you wilh high-qualily service, phone
`communication with us is monitored and/or recorded.
`ADDITIONAL INFORMATION. The following designations, when appearing on
`the front of your statement, mean the following: Y means variable rate (this rate
`may vary); WY INT PAY R@ means WAIVE INTEREST, PAYMENT REQUIRED; WV
`INT EQ 1?¥Y means WAIVE INIERESI, EQUAL I-AYMENT; WV INT LOW PMI
`means WAIVE INTEREST, LOW PAYMENT; DF INT P¥ RQ means DEFER
`INTEREST, PAYMENT REQUIRED; DEF INI EQ PY means DEFER INIERESI,
`PFQUAL PAYMENT; DD INT LOW PMT means DPTPTR INTEREST, LOW PAYMENT
`and LOW APR EQ PAY means LOW APR, EQUAL PAYMENT.
`If you have a
`variable rate account, your periodic rates may vary. You may pay all of your
`Account balance at any time without penalty.
`Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus, OH
`43218-3003.
`Send all bankruptcy notices and related correspondence to Comenity Capital
`Bank, Bankruptcy Department, PO Box 183043, Columbus, OH 43218-3043.
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
`check as payment, you authorize us either to use information from your check to
`make a one time electronic fund transfer from your account or to process the
`paymenl as a check Lransaclion. When we use inlormalion lrom your check Lo
`make an electronic fund transfer, funds may be withdrawn from your account as
`soon as Lhe sare day we receive your payrmmenl, and you will mol receive your
`check hack from your financial institution.
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`What To Do If You Think You Find A Mistake On Your Statement
`If you think there is an error on your statement, write to us at: Comenity Capital
`Bank PO Rox 18276270, Columbus, O11 43218-2620. In your letter, give us the
`Tollowing intormation:
`© Account trfornialion: Your name and account number.
`© Dollar arrourt: The dollar amount of the suspected error.
`© Pescription of Probiem: |If you think there is an error on your bill, describe
`what you belicve is wrong and why you belicve it is a mistake.
`You must contact us within 60 days after the error appeared on your statement.
`You must notify us of any potential errors fm writiig. You may call us, but if you
`do we are not required to investigate any potential errors and you may have to pay
`the amount in question. While we investigate whether or not there has been an
`error, the following are true:
`°* We cannot try to collect the amount in question, or report you as delinquent on
`that amount.
`© The charge in question may remain on your statement, and we may continuc
`to charge you interest on that amount. But,
`if we determine that we made a
`mishake, you will mol fave Lo pay Lhe arnounl in question or any inleresl or
`olher lees relaled Lo Lhial armour.
`* While you do nol have lo pay Lhe arnounl ir) queslion, you are responsible lor
`the remainder of your balance.
`* We can apply any unpaid amount against your credit limit.
`Your Rights If You Are Dissatisfied With Your Credit Card Purchases
`If you are dissatisfied with the goods or services that you have purchased with
`your credit card, and you have tricd in good faith to correct the problem with the
`merchant, you may have the right not to pay the remaining amount due on the
`Ppurchasc. To use this right, all of the following must be true:
`1. The purchase must have been mace in your home state or within 100 miles of
`your current mailing address, and the purchase price must have been more than
`$50. (Note: Neither of these is necessary if your purchase was based on an
`adverlisernenl we mailed Lo you, or il we own Lhe Cormipany Lhal sold you Lhe
`goods or services.}
`?. You must have used your credit card for the purchase. Purchases made with
`cash advances fromm an ATM or wilh a check Lhal accesses your credil card
`account do not qualify.
`3. You must not yet have fully paid for the purchase.
`If all of the criteria above are met and you are still dissatisfied with the purchase,
`contact us fm writing at: Comenity Capital Bank PO Box 182620, Columbus, OH
`43718-26270.
`While we investigate, the same rules apply to the disputed amount as discussed
`above. After we finish our investigation, we will tell you our decision. At that
`point, if we think you owe an amount and you do not pay we may report you as
`delinquent.
`HOW TO AVOID PAYING INTEREST. Your duc date is at Ilcast 25 days after the
`close of each billing cycle. We will not charge youinterest on purchases if you
`
`pay your enlire balarice by Lhe due dale each month. We will begin Loc ge
`interest on new purchases made under a low APR, [qual Payment or Budget
`Payment Credit Plan from the date of purchase.
`BALANCE COMPUTATION METHOD. We calculate interest separately for each
`type of balance on your account using a “Daily Balance" to determine interest
`charges for cach billing period. We figure the interest charge on your account by
`applying the periodic rate to the “daily balance” of your account for each day in
`the billing cycle. To get the “daily balance” we take the beginning balance of
`your account each day, add any new purchases and lees, and sublracl any
`payments or credits (treating any net credit balance as a vero halance). This gives
`us Lhe daily balarice.
`
`PAYMENTS. Pay your Account by the payment due date by the time listed below. If we do not receive your payment in a correct format Coutlined below)it
`may not be credited to your Account for up to five days, or may be rejected. Also, your payment must reach us by the payment cutoff time that applies to
`the payment method you select.
`Correct Format. Correct format for different payment methods include:
`Mailing or Overnight: Scnd a personal check, moncy order, traveler's check or cashier's check payable in U.S. dollars, to the name and address shown on
`this Statement in the payment stub areca containing your balance and minimum payment amount. Be sure to include your payment stub, do not staple or
`clip your payment to the stub, include your account number on your check, use the envelope provided with your Statement, send one payment with one
`payment stub and do not send any correspondence with your payment. You should overnight a payment to 3000 Kellway Drive, Suite 120 Carrollton, 1x
`75006 and the additional farmat requirements are the same as other mailed payments unless there is a dispute, in which case you follow the Payments
`Marked "Paid in Full" section above. Do not send cash orgift certificates. Pay By Phone: You can call us toll free at 1 866 254 9971 (TDD/TTY
`1-888-819-1918) lo make a payment by Lelephone, which may include a fee. Onfine: You can make a payment online al
`comenity .net/ultamaterewardscreditcard.
`Payment Cutoff Times. Paymmenl culoll lLimmes/deadlines for us Lo receive payments are by lhe due dale on Lhis Slalernent in Lhe payment slub area al Lhe
`tollowing times: Mailing and Overnight: By 6:00 pm Fastern lime (F 1); Pay By Phone: By 9:00 pm (F 1); Online: By 5:00 pm CF 1).
`New Information
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`
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`PAGE 3 OF 4
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`IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off asa
`bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this
`statement before the end of this month. If you are not able to pay the Minimum Payment amount, we will
`still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089
`(TDD/TTY 1-888-819-1918) and we will find a suitable payment before the end of this month. If written off,
`the bad debt will be reported to the three major credit bureaus and our Recovery tearm will determine the
`appropriate steps, as permitted and available under applicable law, to protect our interests.
`IMPORTANT INFORMATION ABOUT LATE FEE CREDITS
`We may occasionally provide a credit for the amount, part or all, of a late fee charged to your account. If
`we do, we will charge a fee of up to $41.00 for any subsequent late payment. In addition, we may reverse
`the credit and repost the charge to your account if you fail to make the minimum payment due on or
`before the due date in the next billing period.
`
`Consumers are entitled to one free credit report per year. To request yours call 1-877-322-8228 or visit
`annualcreditreport.com
`
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`PAGE 4 0F 4
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`Visit Comenity EasyPay at comenity.net/easypay to
`schedule a payment for the minimum due and bring
`your account Current.
`
`PAGE 1O0OF4
`
`Summary of account activity
`Account no.
`RAKK KKKK XKEX_EBOD
`
`$1,442.47
`Previous balance
`-150.00
`Payments
`0.00
`Other credits
`0.00
`Purchases
`0.00
`Other debits
`40.00
`Fees charged
`
`Interest charged
`29.95
`New balance
`$1,362.42
`
`Payment information
`New balance
`Minimum payment due
`Payment due date
`
`$1,362.42
`$363.00
`12/04/2021
`
`.
`Late payment warning: _
`If we do not receive your minimum payment by 12/04/2021 you may
`40.00 |
`f
`late fee.
`to a $40.00
`Minimum payment warning: If you make only the minimum
`payment for each pericd, you will pay more in interest and it will take
`
` you longer to pay off your balances. For example:
`
`And you will
`You will pay off
`If you make no additional
`294.00
`Past due amount
`
`
`
`Credit limit the balance shown|end up paying an$1,240.00 charges using this card
`and each month you pay:
`on the statement
`estimated total
`Available credit
`$0.00
`
`in about:
`of:
`Statement closing date
`11/08/2021
`Only the minimum payment
`4 years
`$2088
`Days in billing cycle
`30
`For information regarding credit counseling services,
`call 1-800-284-1706.
`
`
`
`
`
`
`
`
`Skip signing in to pay and use Comenity’s EasyPay. It’s safe and convenient. Use your smartphone camera or code
`reader to scan the QR code printed on your payment stub below to get started.
`
`
`
`Details of your transactions
`TRANS DATE
`TRANSACTION DESCRIPTION/LOCATION
`
`10/13/2021
`11/04/2021
`
`Fees
`11/04/2021
`
`PAYMENT - THANK YOU
`PAYMENT - THANK YOu
`
`LATE FEE
`Total fees chargedforthis period
`
`AMOUNT
`
`-50.00
`-100.00
`
`40.00
`$40.00
`
`Interest charged
`$29.95
`Interest charge on purchases
`
`Total interest for this period $29.95
`2021 totals year to date
`$3260.00
`Total fees charged in 2021
`
`Total interest charged in 2021 $299.04
`
` Interest charge calculation
`Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit card agreement.
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANCE
`APR
`TO INTEREST RATE
`CHARGE
`
`Purchases prior to 03/31/2021
`Purchases
`
`25.9900% (Vv)
`25.9900% (v)
`
`1,200.15
`201.88
`
`25.64
`4.31
`
`LU I
`
`J A
`
`Boe AUT ¥
`
`Yes, | have moved or updated my
`| e-mail address - see reverse.
`
`NOTICE: See reverse side for important information.
`Please tear at perforation above
`
`
`Account
`
`
`| New balance
`Minimum payment
`
`
`
`$1,362.42
`99g4
`Mailed
`t
`t
`h
`by 6
`ET
`Amount
`on12/G4/2021. ace ail
`
`enclosed:
`
`$363.00
`
`SO eeee Tad ee
`CARMELA SMITH
`989 MONUMENT RD APT 1115
`JACKSONVILLE FL 32225-7431
`
`Please return this portion along with your paymentto:
`PO BOX 650964
`DALLAS TX 75265-0964
`
`
`Please make check payable to:
`COMENITY - Ultamate Rewards
`
`
`
`
`
` Keep this portion for your records.
`
`First Name
`Title (optional)
`Soc. Sec. No.
`Last Narme
`Street Address
`PO Box
`
`Apt. No.
`RR
`
`Foreign Map Code
`City
`State
`Zip Code
`
`Home Phone
`Work Phone
`
`Email Address
`
`MI
`
`
`CREDIT REPORTING. We may reporl inlormalion aboul your accounl lo credil
`bureaus. Late payments, missed payments, or other defaults on your account may
`be reflected in your credit report.
`NOTICE OF CREDIT REPORT DISPUTES I! you believe Lhe accounl inlormalion
`we reported to a consumer reporting agency is inaccurate, you may submit a
`direct dispute to Comenity Capital Bank PO Box 182120, Columbus, OH
`43218 2120. Your written dispute must provide sufficient information to identify
`Lhe accounl and specily why Lhe imnlormalion is inaccurale:
`* Account Information: Your name and account number
`* Contact Information: Your address and telephone number
`* Disputed Information:
`Identify the account information disputed and explain
`why you belicve it is inaccurate
`* Supporting Documentation:
`If available, provide a copy of the section of the
`credit report showing the account information you are disputing
`We will investigate the disputed information and report the results to you within
`30 days ol receipl ol Lhe inlormalion needed lor our invesligalion.
`Il we lind Lhial
`the account information we reported is inaccurate, we will promptly provide the
`necessary correction to each consumerreporting agency to which we reported the
`information.
`PAYMENTS MARKED “PAID IN FULL”. All wrillen comrnunicalions regarding
`disputed amounts that include any check or othcr payment instrument marked
`with “payment in full” or similar language, must be sent to: 3000 Kcellway
`Drive, Suile 120 Carrolllon, TX 75006.
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`We may accept payment sent to any other address without losing any of
`our rights.
`- No payment shall operate as an accord and satisfaction without prior
`wrillen approval.
`CUSTOMER SERVICE. Visit: comenity-net/ultamaterewardscreditcard or call
`1-866-254-9971 (TDD/TTY 1-888-819-1918).
`TELEPHONE MONITORING.
`[o provide you wilh high-qualily service, phone
`communication with us is monitored and/or recorded.
`ADDITIONAL INFORMATION. The following designations, when appearing on
`the front of your statement, mean the following: Y means variable rate (this rate
`may vary); WY INT PAY R@ means WAIVE INTEREST, PAYMENT REQUIRED; WV
`INT EQ 1?¥Y means WAIVE INIERESI, EQUAL I-AYMENT; WV INT LOW PMI
`means WAIVE INTEREST, LOW PAYMENT; DF INT P¥ RQ means DEFER
`INTEREST, PAYMENT REQUIRED; DEF INI EQ PY means DEFER INIERESI,
`PFQUAL PAYMENT; DD INT LOW PMT means DPTPTR INTEREST, LOW PAYMENT
`and LOW APR EQ PAY means LOW APR, EQUAL PAYMENT.
`If you have a
`variable rate account, your periodic rates may vary. You may pay all of your
`Account balance at any time without penalty.
`Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus, OH
`43218-3003.
`Send all bankruptcy notices and related correspondence to Comenity Capital
`Bank, Bankruptcy Department, PO Box 183043, Columbus, OH 43218-3043.
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
`check as payment, you authorize us either to use information from your check to
`make a one time electronic fund transfer from your account or to process the
`paymenl as a check Lransaclion. When we use inlormalion lrom your check Lo
`make an electronic fund transfer, funds may be withdrawn from your account as
`soon as Lhe sare day we receive your payrmmenl, and you will mol receive your
`check hack from your financial institution.
`
`What To Do If You Think You Find A Mistake On Your Statement
`If you think there is an error on your statement, write to us at: Comenity Capital
`Bank PO Rox 18276270, Columbus, O11 43218-2620. In your letter, give us the
`Tollowing intormation:
`© Account trfornialion: Your name and account number.
`© Dollar arrourt: The dollar amount of the suspected error.
`© Pescription of Probiem: |If you think there is an error on your bill, describe
`what you belicve is wrong and why you belicve it is a mistake.
`You must contact us within 60 days after the error appeared on your statement.
`You must notify us of any potential errors fm writiig. You may call us, but if you
`do we are not required to investigate any potential errors and you may have to pay
`the amount in question. While we investigate whether or not there has been an
`error, the following are true:
`°* We cannot try to collect the amount in question, or report you as delinquent on
`that amount.
`© The charge in question may remain on your statement, and we may continuc
`to charge you interest on that amount. But,
`if we determine that we made a
`mishake, you will mol fave Lo pay Lhe arnounl in question or any inleresl or
`olher lees relaled Lo Lhial armour.
`* While you do nol have lo pay Lhe arnounl ir) queslion, you are responsible lor
`the remainder of your balance.
`* We can apply any unpaid amount against your credit limit.
`Your Rights If You Are Dissatisfied With Your Credit Card Purchases
`If you are dissatisfied with the goods or services that you have purchased with
`your credit card, and you have tricd in good faith to correct the problem with the
`merchant, you may have the right not to pay the remaining amount due on the
`Ppurchasc. To use this right, all of the following must be true:
`1. The purchase must have been mace