Filing # 202844061 E-Filed 07/18/2024 03:05:36 PM
`
`BARCLAYS BANK DELAWARE
`Plaintiff,
`
`vs.
`
`NICOLE TORIBIO
`
`Defendant(s)
`
`IN THE COUNTY COURT IN AND FOR
`ORANGE COUNTY, FLORIDA
`CASE NO:
`
`COMPLAINT
`
`FOR DAMAGES
`
`COMES NOW the Plaintiff, BARCLAYS BANK DELAWARE, owner of the defaulted debt at
`sue(s) the Defendant(s), NICOLE TORIBIO and states as follows:
`ACCOUNT STATED
`
`issue,
`
`1.
`
`This action is within the jurisdictional limits of this court.
`
`2. Defendant(s) is/are resident(s) of this county.
`
`3. All conditions precedent have occurred.
`4. Before the institution of this action Plaintiff and Defendant had business transactions between them
`and on 08/30/2023 they agreed to the resulting balance for
`ending in 6651.
`
`5. Plaintiff rendered a statement of it to Defendant and Defendant did not object to the statement.
`
`6. Defendant owes Plaintiff $6,713.77, since 08/30/2023 on
`
`the account.
`
`WHEREFORE, Plaintiff demands judgment for $6,713.77, court costs and any other relief this court may
`deem just and proper against Defendant(s).
`
`HAYT, HAYT & LANDAU, P.L.
`Attorneys for Plaintiff
`7765 S.W. 87 Avenue, Suite 101
`Miami, FL
`33173
`(305) 661-6660
`
`—
`
`•;7`'BrZatg
`
`Dana M. Stern Bar No: 0037092
`Jason S. Dragutsky Bar No: 0757551
`Robert Orovitz Bar No.: 501379
`
`Please understand that this is an attempt
`purpose.
`Our File #: 1103252
`
`DESIGNATION OF EMAIL ADDRESS
`eservice@haytfla.com
`to collect a debt and any information we obtain will be used for that
`
`

`

`jetBlueCard JetBlue® Mastercard® Statement
`NICOLE TORIBIO
`Me° on Azlei&
`Previous Balance as of 07/27/23
`Payments
`Fees Charged
`Interest Charged
`Balance as of 08/26/23
`Statement
`Past Due
`APR Details begin on page 3 in the Interest Charge
`D
`Calculation section.
`3..
`Transaction details begin on page
`D
`CPGCM Ltil@
`Total Revolving Credit Line
`Includes $0.00 cash advance line
`Available Revolving Credit Line
`as of 08/26/23.
`Available for cash advances $0.00
`Overlimit Amount
`due,.
`due...
`Tru@lalm@ WIETE Timminny
`Total TrueBlue points Sent to JetBlue
`For details see page 5
`
`•
`
`r
`
`up.
`
`r
`
`'
`
`D
`
`'.
`
`-
`
`+
`
`+
`
`=
`
`=
`
`$6,508.73
`$0.00
`$37.00
`$168.04
`$6,713.77
`$1,630.85
`
`$0.00
`
`$0.00
`
`$1,413.77
`
`0
`
`l Statement Period 07/27/23
`Paymen2 ElEraimEtt)n
`Statement Balance:
`$6,713.77
`Minimum Payment Due:
`$1,900.97
`09/23/23
`Payment Due Date:
`receive your minimum payment by the
`Late Payment Warning: If we do not
`date listed above, you may have to pay a late fee of up to $37.00.
`Payment Warning: If you make only the minimum payment each
`Minimum
`period, you will pay more
`in interest and it will take you longer to pay off your
`balance. For example:
`If you make no additional
`charges using this card
`and each month you pay...
`Only the minimum
`payment
`
`- 08/26/23
`
`Page 1 of 5
`
`the
`You will pay off
`balance shown on
`this
`in about...
`statement
`
`And you will end
`paying an estimated
`total of...
`
`20 years
`
`$17,876.00
`
`D If you would like information about credit counseling services, please call 800-570-1392.
`as of the closing date.
`Repayment information based on activity and APRs on your account
`
`PAST DUE: Your account is Past Due. Payment of the past due amount of $1,630.85 is
`immediately. This past due amount has been added to your minimum payment
`OVERLIMIT: Your account is over
`the credit line. Payment of the amount over your credit line is due
`immediately to bring your account current.
`SEE INSIDE: You may have additional important messages inside.
`
`•
`
`Ways to pay:
`
`•
`
`jetbluemastercard.com
`
`0 Barclays Mobile App
`
`Q" 866-928-3104
`
`NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION
`t
`PaymeRn Campion
`Statement BaIance as of 08/26/23:
`Minimum Payment Due: (includes $1,630.85 past due amount)
`Payment Due Date:
`
`jetBlueCarcl
`
`PAYMENT DUE BY
`11:59
`PM ET PHONE & ONLINE
`
`)
`
`/
`
`$6,713.77
`$1,900.97
`09/23/23
`
`Amount Enclosed:
`Make check payable to Barclays. Allow 7-10 days for USPS delivery.
`
`$
`
`Barclays
`PO BOX 13337
`PHILADELPHIA PA 19101-3337
`
`NICOLE TORIBIO
`APT 101
`6825 INTEGRA COVE BLVD
`ORLANDO FL 32821-8917
`
`Check for address, email and phone changes. Complete form on the back.
`
`

`

`Important Information
`
`Information About Credit Bureau Reporting: We may report information about your
`account to credit bureaus. Late payments, missed payments, or other defaults on your
`account may be reflected in your credit report.
`
`Annual Fee. If your account has an annual fee,
`it will be billed each year. We will give you
`advance notice on your billing statement prior to the assessment of the annual fee. You may
`choose to call us at 866-928-3104 within 45 days of receiving such notice to discuss
`alternative products that may be available or to close your account so that the fee will not
`If your account is closed, any outstanding reward points or miles on your account
`be billed.
`may be forfeited at that time. Payment of the annual fee does not affect our ability to close
`your account and/or to limit your transactions.
`
`Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware.
`lost or stolen, please contact us immediately at 866-928-3104 at any time.
`
`If your card is
`
`Payment Information: Each billing cycle, you must pay at least the Minimum Payment Due
`shown on your monthly statement by its Payment Due Date. Both the Minimum Payment
`Due and Payment Due Date are noted on your statement and on your home page when you
`login to jetbluemastercard.com. At any time you may pay more than the Minimum Payment
`Due up to the full amount you owe us, however you cannot "pay ahead". This means that if
`you pay more than the required Minimum Payment Due in any billing cycle or
`if you make
`more than one payment in a billing cycle, you will still need to pay the next month's
`required Minimum Payment Due by your next Payment Due Date. Remember to make all
`checks payable to Barclays. Please allow 7 to 10 days for the U.S. Postal Service to
`deliver your payment to us. Upon our
`receipt, your available credit may not be
`increased by the payment amount for up to 7 days to ensure the funds from the bank
`on which your payment is drawn are collected and not returned. When you provide a
`check as payment on this Account, you authorize us to either use the information from your
`check to make a one-time electronic fund transfer from your account or to process the
`payment as a check transaction. When we use information from your check to make an
`electronic fund transfer, funds may be withdrawn from your account as soon as the same
`day we receive your payment, and you will not receive your check back from your financial
`institution. For inquiries, please call 866-928-3104.
`
`Mailed Payments: A conforming payment received by us by 5:00 p.m. ET will be credited to
`your account the day of receipt. A "conforming payment" is a payment that: 1)
`is mailed
`with the payment coupon included with this statement or printed from
`tetbluemastercard.com to Barclays, P.O. Box 13337 Philadelphia, PA 19101-3337; and 2) is
`in the form of a single, non-folded check or money order made payable in U.S. dollars from
`a U.S. based institution. Any payment that does not meet these requirements, or any
`payment with multiple checks or money orders, additional correspondence, staples,
`paperclips, etc. will be considered a "non-conforming payment", which may delay the
`crediting of the payment for up to 5 days.
`
`Other Payment Options:
`Web: Visit jetbluemastercard.com to set up your payments.
`
`110 BARCLAYS
`
`Page 2 of 5
`Mobile: To download the Barclays Mobile App, text MOBILE to 60956."
`Phone: Call us at 866-928-3104 and we will process your payment.
`
`All payments made via web, mobile app or pay by phone by 11:59 p.m. ET will be credited
`to your account that same day.
`
`"Message and data rates may apply based on your mobile carrier.
`
`Overnight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to
`Card Services, 400 White Clay Center Drive, Newark, DE 19711. A payment received at this
`address by 5 p.m. ET that otherwise meets the requirements of a conforming payment will
`be credited to your account that same day.
`
`How We Will Calculate Interest. We use a method called "daily balance"
`(including new
`purchases). We calculate interest separately for each "Balance Subject to Interest Rate."
`These include for example, Purchases at the current rate, Balance Transfers at the current
`rate, Cash Advances at the current rate, and different promotional balances. Your monthly
`billing statement shows each "Balance Subject to Interest Rate."
`
`To calculate interest, we first calculate a daily balance for each Balance Subject to Interest
`Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of
`the previous day. We add any interest calculated on the previous day's balance. (This means
`interest is compounded daily). We add any new Purchases, Balance Transfers or Cash
`Advances to the appropriate balance, subtract any new payments or credits from the
`appropriate balance, and make other adjustments. A credit balance is treated as a balance
`of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this
`for each day in the billing period. That gives us the daily interest. We add up all the daily
`interest for all of the daily balances to get the total
`interest for the billing period.
`
`Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is at
`least 23 days after the close of each billing cycle. On Purchases,
`interest begins to accrue as
`of the transaction date. However, you can avoid paying interest on Purchases in any given
`billing cycle if you pay your Statement Balance in full by the Payment Due Date.
`
`If you have Purchase balances with a 0% promotional APR, you can avoid paying interest on
`those Purchase balances during the promotional period. (However, to avoid a late fee, pay
`at least your Minimum Payment Due.)
`
`If you have a promotional APR offer(s) on your Account, you can avoid paying interest on
`non-promotional Purchases without paying your Statement Balance in full.
`If this applies to
`your Account, you will see a Paragraph titled "Avoiding Interest on Purchases (Grace Period)
`(Excluding Easy Pay Promotional Balances") appearing directly below the Interest Charge
`Calculation section on the front of this Statement. This will show the amount you can pay by
`the Payment Due Date and still avoid interest charges on your non-promotional Purchase
`balance. This amount may differ from your Statement Balance. It may differ if you have
`certain promotional APR balances, and the nonpayment of these balances will not affect
`
`Continued on Page 4
`
`Make Changes to your contact
`Name
`
`information below
`
`Address
`
`City
`Home Phone
`Email Address
`
`State
`
`Work Phone
`
`Zip
`
`

`

`JetBlue® Mastercard® Statement
`
`NICOLE TORIBIO
`
`UMGMantE§
`Transaction
`Date
`
`Payments
`
`l Statement Period 07/27/23
`
`- 08/26/23
`
`Page 3 of 5
`
`Posting Date
`
`Description
`
`True Blue points
`
`Amount
`
`No Payment Received
`
`Total payments for this period
`Purchase Acthity for IICCOLIE TORMO card endMg 6(551
`No Transaction Activity at This Time
`
`Total purchase activity for this period
`
`1> To see activity after this statement period, visit jetbluemastercard.com
`
`IFWE End EliMgmoit
`Transaction
`Posting Date
`Date
`Fees Charged
`Aug 23
`Total fees for
`this period
`Mterest Charged
`Aug 26
`Aug 26
`Total
`interest
`this period
`
`Aug 23
`
`for
`
`Description
`
`LATE PAYMENT FEE
`
`Interest Charge On Purchases
`
`2023 Year-to-Date Totes
`Total
`fees charged in 2023
`Total
`interest charged in 2023
`This Year-to-date summary reflects the Fees and Interest charged on billing statements
`reflect any subsequent fee and/or interest
`does not
`
`adjustments...
`
`N/A
`
`N/A
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$37.00
`
`$37.00
`
`$168.04
`$168.04
`
`Amount
`
`$259.00
`
`$1,172.93
`with closing dates in 2023, and
`
`[Mgr= ChErg@ alkdElail
`Type of Balance
`Purchases
`Standard Purchases
`Ba[lance Transfers
`Standard Balance Transfers/Checks
`Cash Advances
`Standard Cash Advance
`Total
`0 Your Annual Percentage Rate (APR) is the annual
`interest
`See the "Important Information" section of this statement
`
`Promotional
`Rate End Date
`
`-
`
`-
`
`-
`
`Balance Subject
`to Interest Rate
`
`Annual Percentage
`Rate (APR)
`
`$6,594.40
`
`$0.00
`
`$0.00
`
`29.99%(v)
`
`29.99%(v)
`
`29.99%(v)
`
`DEIN h MEW Cede Ell
`Interest
`Charge
`
`$168.04
`
`$0.00
`
`$0.00
`
`$168.04
`
`(v) = Variable Rate that varies with the market based on
`rate on your account.
`information about how we calculate interest.,
`for more
`
`the Prime Rate.
`
`Visit
`
`jetbluemastercard.com or
`
`use
`
`the Barclays Mobile App
`
`

`

`BARCIAYS
`
`Page 4 of 5
`current mailing address, and the purchase price must have been more than $50.
`(Note: Neither of these are necessary if your purchase was based on an advertisement
`we mailed to you, or if we own the company that sold you the goods or services.)
`You must have used your credit card for the purchase. Purchases made with cash
`advances from an ATM or with a check that accesses your
`do not
`qualify.
`You must not yet have fully paid for the purchase.
`
`2.
`
`3.
`
`If all of the criteria above are met and you are still dissatisfied with the purchase, contact us
`in writing at:
`
`Card Services
`P.O. Box 8802
`Wilmington, DE 19899-8802.
`
`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.
`
`Please refer to your Cardmember Agreement for additional information about the terms of
`your Account.
`
`02023 Barclays Bank Delaware, member FDIC
`
`your grace period on Purchases, provided you pay all other balances on your account.
`(However, to avoid a late fee, pay at
`least your Minimum Payment Due.)
`
`For Balance Transfers, interest will accrue from the transaction date which generally will be
`the day the payee accepts the Check. For Cash Advances, interest will accrue from the
`transaction date which generally will be the day you take the Cash Advance. Please note
`that purchases of Cash Equivalents, which include money orders, travelers checks, foreign
`currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances
`and do not have a grace period. See your Cardmember Agreement for more information.
`
`Minimum Interest Charge: This fee,
`if imposed, appears in the Summary of Fees as a
`"Minimum Interest Charge" or "Minimum Charge."
`
`No Pre-Set Spending Limit: "No Pre-Set Spending Limit" does not mean unlimited
`spending, it means we may permit you from time to time at our discretion to make certain
`charges that will cause your outstanding balance to exceed your revolving credit line. Any
`such charge will be considered on an individual basis and such evaluation will be based on
`your account spending and payment history as well as your experience with other creditors.
`then you must pay, with your Minimum Payment
`If you exceed your revolving credit line,
`Due, the amount by which your balance exceeds your revolving credit line,
`including
`Interest charges, Fees, or other charges.
`amounts due to Purchases, Cash Advances,
`
`Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau
`report is inaccurate or incomplete, please contact the reporting agency directly or contact us
`at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name;
`your account number; the credit reporting agency where you received the bureau report; a
`description of the error; and why you believe it is an error. We will promptly investigate,
`notify you of our
`findings, and send an update to the credit bureaus if warranted within 30
`days.
`
`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:
`
`Card Services
`P.O. Box 8302
`Wilmington, DE 19899-8802.
`
`In your letter, give us the following information:
`
`•
`
`•
`
`•
`
`Account information: Your name and account number.
`Dollar amount: The dollar amount of the suspected error.
`Description of problem:
`If you think there is an error on your bill, describe what you
`believe is wrong and why you believe 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 in writing. 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:
`in question, or report you as delinquent on that
`We cannot try to collect the amount
`•
`amount.
`The charge in question may remain on your statement, and we may continue to
`charge you interest on that amount. But, if we determine that we made a mistake,
`you will not have to pay the amount in question or any interest or other fees related
`to that amount.
`While you do not have to pay the amount in question, you are responsible for 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 tried in good faith to correct the problem with the merchant, you may
`have the right not to pay the remaining amount due on the purchase.
`
`To use this right, all of the following must be true:
`
`1.
`
`The purchase must have been made in your home state or within 100 miles of your
`
`Visit
`
`jetbluemastercard.com or
`
`use
`
`the Barclays Mobile App
`
`

`

`JetBlue® Mastercard® Statement
`
`NICOLE TORIBIO
`
`l Statement Period 07/27/23
`
`- 08/26/23
`
`Page 5 of 5
`
`AVOIDING INTEREST ON PURCHASES (GRACE PERIOD) (EXCLUDING EASY PAY PROMOTIONAL BALANCES):
`
`If you have a 0% promotional APR on of your Purchase balances (excluding Easy Pay), you can avoid paying interest on those balances during the applicable promotional period. However,
`pay at least your Minimum Payment Due to avoid a late fee. If you have Purchase balances (excluding Easy Pay) with an APR greater than 0% and you also have other promotional balances
`on your Account, you can avoid paying interest on your Purchases (excluding Easy Pay) by paying $6,713.77 (this amount
`includes any Minimum Payment Due required to avoid a late fee).
`Please refer to the "Accrual of Interest and How to Avoid Paying Interest on Purchases" paragraph on the back of this Statement for further detail.
`
`717MEM [Doha Detan§
`
`True Blue points earned on Jet Blue purchases
`
`True Blue Number: M5875
`
`Please note, the total number of True Blue points earned and sent to Jet Blue is dependent on a valid member number. Please confirm you have
`a valid member number on file with Jet Blue.
`If not, TrueBlue points may not be viewable or available for use with JetBlue.
`
`Visit
`
`jetbluemastercard.com or
`
`use
`
`the Barclays Mobile App
`
`