MIDLAND CREDIT MANAGEMENT, INC v. CLOUD, SAQUEAN W, FBT-CV22-6117910-S, 100.33 (Conn. Super. Ct. Sep. 7, 2022) (2024)

`

`to make the record or data compilation, or to transmit information thereof to be included in
`
`such record, or for such information to be posted in MCM's records by a computer or similar
`
`digital means. In the regular course of MCM's business, the record or compilation of the
`
`subsequent collection activities is made at or near the time of the act or event by MCM as a
`
`regular practice.
`
`4.
`
`The accuracy of such recordsis relied upon by Plaintiff in collecting this Account. These
`
`records are trustworthy and relied upon becausethe original creditor was required to keep
`
`careful records of the Account at issue in this case as required by law and/or suffer business
`loss,
`|
`
`5.
`
`|MCM's records show that this action is based upona credit agreement between
`
`Defendant(s) and the original creditor. MCM's records further show that Defendant(s) used or
`
`authorized the use ofthe credit Account but failed to make the payments due pursuantto the
`
`agreement.
`
`6.|MCM's records show that the Account was opened on 2017-12-06. and charged off on
`
`2021-08-31 with a balance of $4,098.31. On or about 2021-09-22, Plaintiff purchased and
`
`was assigned the balance owed by Defendant of $4,098.31. As of 2022-04-30, MCM's records
`
`show that the balance of $4,098.31 remains due and owing and nointerest has been assessed
`
`to the Account. Therefore, Plaintiff seeks the amountof $4,098.31 from Defendant. All credits
`
`and offsets for payments have been applied to the balance.
`
`7.
`8.
`
`MCM's records showsthat the last payment posted to the Account on 2021-03-24.
`The compiete chainoftitle including COMENITY CAPITAL BANK,theoriginal
`
`creditor, and all post-charge-off purchasers/assignees of the debtare as follows:
`
`1.
`
`2021-09-22 COMENITY CAPITAL
`
`2795 E. COTTONWOOD PARKWAY,SUITE
`
`BANK
`
`100,SALT LAKE CITY,UT,84121
`
`2.
`
`MIDLAND CREDIT
`
`350 CAMINO DE LA REINA,SUITE
`
`MANAGEMENT,INC.
`
`100,SAN DIEGO,CA,92108
`
`9.
`
`Attached hereto are the following records regarding the Account:
`
`AFFIDAVIT OF NANCY MEHRENBERG- 2
`
`LUEAYALA
`3
`1
`1476409
`
`LNAUU
`AFFCOT
`
`AOUUMA
`22-12281
`
`

`

`Exhibit A.
`
`Statement(s) (including statement(s) reflecting the charge-off balance, and
`
`recording the last purchase transaction, service billed, payment, or balance
`
`transfer) and an additional statement sent to Defendant(s) while the Account
`
`was active, which shows the Defendant's name and address
`
`Exhibit B.
`
`Bill(s) of Sale, Assignment and/or Affidavit(s) of Sale
`
`Exhibit C,
`
`Seller data sheet reflecting the individual Account information from the
`
`electronic records provided by the seller or assignor pursuant to the Bill(s)
`
`of Sale, Assignment(s) and/or Affidavit(s) of Sale in connection with the
`
`sale or assignment of the Account to Plaintiff
`
`10.
`
`The documents attached hereto are true and correct copiesof the originals, being a
`
`reproduction of Plaintiff's records, based upon my review, exceptto the extent that confidential
`
`and privileged information and/or personalidentifying information is omitted or redacted as
`
`required by local rules, and applicable state and federal law.
`
`11.
`
`If called to testify as a witness thereon, I could and would competently testify as to all
`
`the facts stated herein.
`
`LEFT INTENTIONALLY BLANK
`
`
`AFFIDAVIT OF NANCY MEHRENBERG- 3
`
`AURA MEAEA
`3
`4091
`1476
`
`AVEOA
`AFFCOT
`
`.
`
`AONEAN
`22-12281
`
`

`

`I certify under penalty of perjury that the foregoing statements are true and correct.
`
` Date
`
`Way a 3 2022
`
`
`STATE OF MINNESOTA
`
`COUNTY OF STEARNS
`
`Signed and sworn to (or affirmed) before me on WAY i l ali2 by Nancy Mchrenberg.
`
`
`
`ChristyLynnBiss coorPM |
`
`
`
`Noary Public
`..
`
`Minnesots
`a 1amps31,2004
`
`
`
`CT1
`
`AFFIDAVIT OF NANCY MEHRENBERG- 4
`
`IN (OE 0
`314764091
`AFFCOT
`22-12281
`
`

`

`.
`Late payment warning:
`if we do not receive your minimum payment by 09/20/2021 you may
`avelopay upto a $40.00 fatefeeeee
`Minimum payment warning:if you make only the minimum
`payment for each period, you will pay morein interest andit will take
`you longer to pay off your balances. For example:
`
`
`
`Past due amount If you make no additional|You will pay off=|And you will878.00
`
`
`charges using this card
`the balance shown| end up paying an
`Credit limit
`$3,450.00
`
`and each manth you pay:
`onthe statement
`estimated total
`Available credit
`$0.00
`
`
`im about:
`Statement closing date
`08/25/2021
`Daysin billing cycle Only the minimum payment|15 years31
`
`
`
`
`For information regarding credit counseling services,
`call 1-800-284-1706.
`
`Summary of account activity
`Account no.
`wanenaannentNIA
`
`Previous balance
`Payments
`Other credits
`Purchases
`Other debits
`Fees charged
`Interest charged
`New balance
`
`$3,959, 22
`0.00
`0.00
`6.00
`00
`40.00
`99.09
`$4,098.31
`
`
`
`New balance
`Minimum payment due
`Payment due date
`
`$4,098.31
`$1,020.00
`o9/20/2071
`
`PAGE t OF 4
`
`
`
`Skip signing in to pay and use Comenity’s EasyPay. It's safe and convenient. Use your smartphone camera or code reader ta scan the QR code printed on your payment stub below to get started.
`
`Details of your transactions
`TRANSDATETRANSACTIONDESGRIPTIONILOCATIONaaeeeceeceneesecee test tesstecceseeceneseeneenreeneee ee AMOUNT.
`Fees
`08/20/2024
`
`LATE FEE
`Total fees charged for this period
`
`
`Interest charge
`Interest charge on purchases
`Total interest for this period
`
`$705.92
`
`2021totals year to date
`Total fees charged in 2071
`Total interest charged in 2021
`
`$320.00
`
`40.00
`$40.00
`
`$99.09
`$99.09
`
` Interest charge calculation
`Your Annual Percentage Rate (APR)is the annualinterest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed inlerest charge below, per your credit card agreement.
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANCE
`APR
`TO INTEREST AATE
`CHARGE
`Purchases prior to 03/24/2020
`28.9900% (¥)
`3,722.50
`91.65
`Purchases
`29,9900%
`292.13
`7.44
`
`Additional important messages
`Important Reminder: |f you make a purchase with this credit card using a promotionatplan, the
`promotional plan expiration date and payment due date may bedifferent. This means that if you have any
`remaining promotional plan balance after the promotional plan expiration date, the balance and any
`accrued interest (if applicable}, will move to your regular revolving plan on the next billing statement.
`{CONTINUED}
`
`NOTICE: See reverse side for important information,
`Please tear al perforation above
`
`hisath£9881 AD
`number
`Minimum payment
`New balance
`Z A L E S
`$1,020.00
`$4,099.31
`THE DIAMOND STORE®
`994
`
`Mail reachusby 6pm ETtt t
`
`Amount waaaeoel must
`Yes, | have moved or updated my
`reach
`ue Dy
`Op
`e-mail address - see reverse.
`enclosed:
`
`
`
` Account
`
`eee Pad boe tba EEA gg LLM] ete
`LOUD
`57WOODENDRO
`STRATFORD CT 06615-6936
`
`Please return this portian along with your paymentto:
`PO BOX 650971
`DALLAS TX 75265-0971
`
`Please make check payableto:
`COMENITY - Zales Jewelers
`
`eH Mean ged feeeg DegTaTT De le ett
`
`3b201018
`
`00021059 [p42 ooo1oeooo ooo4o%s31
`
`EXHIBIT A
`
`

`

` Keepthis portion for your records.
`
`What To Bo if You Think You Find A Mistake On ¥our Statement
`Mi you think there is an error on your statement, write to us at: Comenity
`Capital Bank PO Box 182520, Columbus, Ohio 43218-2620,In your letter,
`give us the following information:
`© Account informatian, Your name and account number,
`* Dollar amount: The dollar amount of the suspected error,
`© Description af Problem: H you think there is an error on your dill,
`describe what you believe is wrong and why you believe it is a mistake,
`You must contact us within 60 days afler 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 (here has been an error, the [oliowing are true:
`* We cannot try to collect the amount in question, or report you 3s
`celinquent on that amount.
`* The change 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 mislake, you will not have te pay lhe amount in question or
`any interest or other fees related to that amount.
`* While you do not have ta pay the amount in question, you are sesponsible
`for the remainder of your balance,
`* We can apply ary unpaid amount against your credit limit.
`Your Rights if You Are Gissatisfied 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 goad faith to correct ihe
`problem with the merchant, you may have the right not to pay the remaining.
`amount due on the purchase. To use this right, atl of the fatlowing must be
`true:
`J. The purchase must have been made in your home state or within 100
`miles of your current mailing address, and the purchase orice must have
`been more than $50. (Nate: Neither of these is necessary if your purchase
`was based on an advertisem*nt we mailed to you,or /f we own the company
`that seld you the goods or services.)
`2. You must have used yourcredit card for the purchase. Purchases made
`with cash advances from an ATM or with a check that accesses your credit
`card account de not qualify.
`3. You musi not yet have fully paid for the purchase.
`Hall ol the criteria above are met and you are still dissatisfied with the
`purchase, contact us in writing al: Comenity Capital Bank PO Box 182620,
`Columbus, Ohio 43218-2620.
`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 due date is al teast 25 days after
`the c:ase of each billing cycle. We will not charge you interest on purchases
`if you pay your entire balance by the duc date each month, We wilt begin to
`charee interest on new purchases made under a Low APR, Equal Payment
`or Budget Payment Credit Plan from the dale of purchase.
`PROMOTIONAL CREDIT PLAN TRANSACTION FEE. If you make a purchase
`under & prometional Credit Pian, we add a transaction fee of $9.95 per
`transaction.
`BALANCE COMPUTATION METHOD. We calculate interest separately for
`each type of balance on your account using a “Daily Balance” toe delermine
`interest charges for each billing period. We figure the interest charge on
`your account by applying the periodic rate to the “daily balance”of your
`accountfor 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 fees, and subtract any payments or credits (treating any net
`credit balance as a zero balance). This gives us the daily balance.
`
`
`CREDIT REPORTING. We may repart information about your account to
`credit bureaus. Late payments, missed payments, or ather defaults on your
`account may be reflected in your credit report.
`NOTICE OF CREDIT REPORT DISPUTES
`If you believe the account information we reported to a consumer reporting
`agency is inaccurate, you may submit a direct dispute to Comenity Capital
`Bank PO Box 182120, Columbus, Ohio 43218-2120. Your written dispute
`must provide sufficient information to identily Lhe account and specify
`why the information is inaccurate:
`* Account isformation: Your name and accounl number
`* Contact fnformation: Your address and telephone number
`* Disputed Information: \dentify the account information disputed and
`explain why you believe it is inaccurate
`* Supporting Documentation:
`If available, previde a copy of the section of
`the credit report showing the accaunt information you are disputing
`We will investigate the dispuled infarmation and report the resulis to you
`within 30 days of receipt ol the information negded for our investigatton. IF
`we find that the account information we reported is inaccurate, we will
`promptly provide the necessary correction to each consumer reporting
`agency to which we reported the information.
`PAYMENTS MARKED "PAID IN FULL”. Ail written communications
`regarding disputed amounts that include any check or other payment
`instrument marked with “paymentin fuil" or similar language, must be sent
`to: 1010 W. Mockingbird Lane, Suite 100, Dallas, TX 75247.
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`- We may accep! payment sent to any other address without losing any of
`our rights.
`- Mo payment shall operate as an accord and satisfaction without prior
`written approval.
`CUSTOMER SERVICE,Visit comenitynet/zales or call 1-844-271-2708
`CHDD/TTY 1-888-819-1918).
`TELEPHONE MONITORING. To provide you with high-quality service,
`phone communication with us is monitored and/or recerded,
`ADDITIONAL INFORMATION. The [cllowing designations, when appearing
`on the front of your statement, mean the following: ¥ means variable rate
`(this rate may vary); WY INT PAY RQ means WAIVE INTEREST, PAYMENT
`REQUIRED; WV INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WY
`INT LOW PMT moans WAIVE INTEREST, LOW PAYMENT; DF INT PY RQ
`means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ P¥ moans
`DEFER INTEREST, FQUAL PAYMENT; OF INT LOW PMT means DEFER
`INTEREST, LOW PAYMENT and CW APR EQ PAY means LOW APR, EQUAL
`PAYMENT,If you have a variable rate account, your periodic rates may vary.
`You may payall of your Account balance at any time without penalty.
`Sendall inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus,
`Ohio 43718-3003.
`Send all bankruptcy notices and related correspondence to Comenity
`Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohio
`43218-3043,
`Si necesita ayuda en Espanol, contactenos a nuestros centros de atencion
`1-844-271-2708 (TDD/TTY 1-888-819-1918).
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
`check as payment, you autherize us either fo use information from your
`check to make a one-time electronic fund transfer froma your accountor to
`process the paymentas 2 check lransaction. When we use information fram
`your check to make an clectranie fund transfer, funds may be withdrawn
`fram your account as soon as (he same day we receive your payment, and
`you will not receive your check back from your financial institution.
`
`
`
`PAYMENTS.Pay your Account by the payment due date by the limelisled below,If we do not receive your payment in a correct format (oullined below)il
`may not be credited io your Accountfor up ¢a five days, or may be rejected. Also, your payment must reach us by the payment cutoff time that epplies to
`the payment method you select.
`Correct Format. Correct format for different payment metheds include:
`Mailing or Ovemight: Send a personal check, money order,traveler's check or cashier's check payable in U.S. dollars, to the name and address shown on
`ihis Statement in the paymentstub area containing your balance and minimum payment amount. Be sure 1o include your payment stub, do not staple er
`clip your payment to the stub, include yaur 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 1010 W. Mockingbird Lane, Suite 100, Dallas,
`TX 75247 and the additional format requirements are the same as other maited payments unless there is a dispute, in which case you follow the Payments
`Marked "Paid In Full” section above. Do not send cash orpift certificates. Pay By Phone: You can call usloft free at 1-844-271-2708 (TODATY
`1-888-819-1918) to make a payment by telephone, which may include a lee. Oniine: You can make a payment online at comenity.netzales. In-Store: You
`can make payments in-store.
`PaymentCutoff Times. Payment cutoff times/deadiines for us to receive payments are by the due dale on this Statement in the payment stub area at lhe
`following times: Mailing and Overnight: By 6:00 pm Eastem Time {E1); Pay By Phare: By 6:00 pm {£1}; Online: By 6:00 pm (ET); and fr-store: By the time
`the stose closes at the location you make your payment,
`
`Title Coptionai)
`Last Name
`Street Address,
`Apt. No.
`City
`Home Phone
`Email Address
`
`First Name
`
`New Information
`MI
`Soc. Sec. Ne.
`
`RR
`State __
`
`PO Bon
`
`Zip Code
`Work Phone
`
`
`Foreign Map Code
`
`

`

`
`
`Additional important messages - continued
`How to avoid or minimize interest charges: Be sure to pay any promotional plan balancein full on
`or before the plan expiration date shownin the “Details of your plans” section of your statement. Please
`also keep an eye outfor notifications of when your promotionalplan(s} are nearing their expiration
`date—you'll see them in the recl box on page 1 of your statement. If you have questions, please call us
`toll-free at 1-844-271-2708 ({TDD/TTY: 1-888-819-1918). To learn more about how promotional plans work,
`visit comenity.com/financial-education. We're always happy to help.
`
`IMMEDIATE ATTENTION REQUIRED! Your Accountis extremely past due and will be written off as a
`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. Calf 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 debtwill be reported to the three major credit bureaus and our Recovery team will determine the
`appropriate steps, as permitted and available under applicable law, to protect ourinterests.
`
`Affected by COVID-19? Comenity Capital Bank Offers Support
`Asthe bank that manages your credit card, our hearls go oul to those affected by the coronavirus
`(COVID-19) pandemic.
`The support we're extending to you. If you're experiencing financial hardship because of COVID-19,
`please call 1-844-271-2708 (TDD/TTY: 1-888-819-1918) to discuss how we maybeable to heip.
`Account Center Is available 24/7 for you to manage your Zales Jewelers account online, You
`can make payments and view your balance, transactions and statements online. Not yet registered? Visit
`comenity.net/zales, enter your Zales Jewelers credit card account numberand ZIP code, then verify your
`identity.
`We're looking out for you. We remain focused on the health and well-being of our customers and
`associates, and we'll continue to stay on top of what's happening during the pandemic so we can best
`support you.
`
`IMPORTANT INFORMATION ABOUTLATE FEE CREDITS
`We may occasionally provide a credit for the amount, part orall, of a late fee charged to your account. If
`we do, we will charge a fee of up to $40.00 for any subsequentlate payment. In addition, we may reverse
`the credit and repost the charge to your accountif you fail to make the minimum payment due on or
`before ihe due date in the next billing period.
`
`Find out how to shop safely online at onguardoniine.gov
`
`3b201038
`
`oooelcho §6[Jo.se 9000102000 coovoisar
`
`

`

`PAGE 4 GF 4
`
`
`
`
`
`

`

`Visit our Payment Heip Centerat
`comenity.net/paymenthelp
`to schedule a payment for the minimum due
`and bring your accountcurrent.
`
`PAGE 1 OF 4
`
`Summary of account activity
`Account no.
`faeneee881 42
`
`Previous balance
`Paymenis
`Other credils
`Purchases
`Otherdebits
`Fees charged
`Interest charged
`New balance
`
`$3,563.10
`-250.00
`0.00
`0.00
`0,00
`40.00
`88.73
`$3,441.83
`
`Payment information
`New balance
`Minimum payment due
`Payment due date
`
`$3,441.83
`$259.00
`04/20/2021
`
`.
`Late payment warning: 7
`If we do not receive your minimum payment by 04/20/2021 you may
`RAVE10PAYUP1020.00Ne sesamin
`Minimum payment warning: If you makeonly the minimum
`paymentfor each period, you will pay more in interes! and it will take
`you langerto pay off your balances. For example:
`
`
`
`
`Past due amount It you make no additional|You will pay off232.00 And you will
`
`
`
`
`charges using this card
`Credit limit
`$3,450.00
`
`
`
`Available credit and each month you pay:|on the statement|estimated total$0.00
`
`
`
`
`in about:
`Statement closing date
`03/25/2021
`af
`
`
`
`Only the minimum payment
`Daysin billing cycle
`31
`so774
`Forinformation 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 Selow to get started.
`
`Details of your transactions
`TRANS DATE
`TRANSACTION DESCRIPTION/LOCATION
`
`03/24/2021
`
`PAYMENT- THANK YOU
`
`AMOUNT
`
`-250.00
`
`Fees
`03/20/2021
`
`40.00
`Total tees charged for this period $40.00
`
`LATE FEE
`
`Interest charged
`Interest charge on purchases
`Total interest for this period
`
`$83.73
`$88.73
`
`$249.44
`
`2021 totals year to date
`Total fees charged in 2021
`Total interest charged in 2021
`
`$120.00
`
` Patented ered celtaseu)
`Your Annual Percentage Rate (APR)is ihe annualinterest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed inierest charge below, per your credit card agreement.
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANCE
`APA
`TO INTEREST RATE
`CHARGE
`Purchases prior to 03/24/2020
`28.9900% (v)
`.
`3,416.90
`84.13
`Purchases
`29.9900%
`180.67
`4.60
`
`Additional important messages
`Important Reminder: !f you make a purchasewith this credit card using a promotionalplan,the
`promotional plan expiration date and payment due date may be different. This means thatif you have any
`(CONTINUED}
`
`NOTICE: See reverse sidefor impoctant information,
`Please tear at perforation above
`
`ZALES
`THE DIAMOND STORE®
`
`Yes, | have moved or updated my
`e-mail address - see reverse.
`
`Amount
`anclosed:
`
` Account
`
`HehdeREI AD
`number
`
`
`Minimum payment
`New balance
`
`
`$358.00
`$3,441.83
`
`994
`Mailed payments must reach
`6pm ET
`on 04/20/2021.
`ve BY 6
`
`Please make check payable to:
`TY - Zales
`J
`rt
`
`aoltcsu hfegE AarT LatDoytgty tyeftyptttyftageylftags—COMERTN': Zales doweters
`Please return this portion along with your paymentta:
`SAQUEAN WG
`57 WOODEND eo
`PO BOX 659819
`STRATFORD CT 06615-6936
`SAN ANTONIO TX 78265-9119
`
`4b201018
`
`oo024515 2 000035900 oo0a44183
`
`esell eenqeegefoot eel a teen eh
`
`

`

`
`
`
`
`
`Keep this portion for your records.
`
`What To Ba ff You Think You Find A Mistake On Your Statement
`If you think there is an ezror on your statement, write to us at: Comenity
`Capital Bank PD Box 187620, Columbus, Ohio 43218 2620. In your Ictter,
`give us the following information:
`* Account information Your mame and account number.
`* Dovlar ameunt: The dollar amountof the suspected ctror.
`* Description of Problen: It you think there is an error un yourbill,
`describe whai you believe is wrong and why you befieve it is a mistake.
`You must contact us within 60 days after the error appeared on your
`statement. You must notiy us of any potential ecrars in wriling. 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 nol there has been an error, lhe following are tue:
`* We cannottry lo collect the amount in question, or report yau as
`delinquent on that amount.
`* The charge in question may remain on your statement, and we may
`continue to charge you interest on that amounl. Bul, if we determine that
`we made a mistake, you will not have to pay the amountin question or
`ary interest or other fees related to that amount.
`* While you do not have to pay the amount in question, you are responsible
`for ihe remainder of your balance.
`© We can apply any unpaid arnount against your credit limit.
`Your Rights if You Are Dissatisfied With Your Credit Cant Purchases
`If you are dissatistied 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 Ihe merchant, you may have the right not ta pay the remaining
`amount due on the purchase. To use this eight, all of the following must be
`true:
`2. The purchase must have been made in your homestate or within 100
`miles of your current mailing address, and the purchase price must have
`been more than $50. (Note: Neither of these is secessary if your purchase
`was based on an advertisem*nt we mailed to you, or if we own the comoany
`that sold you the goods or services.)
`2. 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 credit
`card account do not qualify.
`3. You mustnot yet have fully paid tor the purchase.
`If all of the criteria above are met and you ate still dissatislted wilh the
`purchase, contact us in writing at: Comenity Capital Bank PO Box 1826270,
`Columbus, Ohio 43218-2620.
`While we investigate, the same rufes appty to the disputed amount as
`discussed abuve. Alter we Finish our investigation, we will tell you our
`decision. At thal point, if we think you owe an amount and you do not pay
`we ray report you as detinquent.
`HOW TO AVOUD PAYING INTEREST. Your cue date is at least 25 daysafter
`the close of each billing cycle. We will not charge you interest on purchases
`if you pay your entire balance by the duc date cach month. We wiil begin to
`charge interest on new purchases made under a Low APR, Equal Payment
`or Budget Payment Credit Plan from the date of purchase.
`PROMOTIONAL CREOIT PLAN TRANSACTION FEE.If you make 3 purchase
`under #4 promotional Credit Plan, we add a transaction fee of $9.95 per
`Iransaction
`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 perind. We figure the interest charge on
`your aecounl by applying the periodic rate to the “darly balance” of your
`account for each day in the billing cycle. To gel the “daily balance” wr
`lake the bepinning bafance of your account each day, add any new
`Purchases and fees, and subtract any payments or credits (treating any net
`credit balance as a ze’0 balance). This gives us lhe daily balance.
`
`
`CREDIT REPORTING, We may report information about your accaunt to
`credit bureaus. Late payments, missed payments, or other defaults on your
`account may be zeflected in your credit cepart.
`NOTICE OF CREDIT REPORT DISPUTES
`If you believe the account information we reported to a consumer reporting
`agency is inaecurale, you may submit a direct dispute to Comenity Capttat
`Bank PO Box 182120, Columbus, Ohio 43218-7120. Your writlen dispute
`must provide sufficient information to identify the account and specity
`why the information is inaccurate:
`* Account information; Your name and account ournber
`* Contact Information: Your address and telephone number
`* Disputed information: identify the account information disputed and
`explain why you believe it is inaccurate
`= Supporting Documentation: 1 available, provide a copy of the section ol
`the credit report showing Ihe account information you are disputing
`We will investigate the disputed information and report the resuits ta you
`within 30 days of receipt of the information needed fer our investigation. If
`we find that the accountinformation we reported is inaccurate, we will
`promptly provide the necessary correction to each consumerreporting
`agency to which we reported the information.
`PAYMENTS MARKEO “PAID IN FULL”. All wither communications
`regarding disouled amounts that include any check ar other payment
`instrument marked with “payment in full” or similar language, must be sent
`to: 6550 North Loop 164 East, Suste 101, San Antonio, TX 78247-5004,
`DO NOT USE THE ENCLOSED REMITTANCE FNVELOPE.
`- 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 priar
`written approval,
`CUSTOMER SERVICE. Visit comenity.netizales or call 1-844-271-2708
`CTODITTY 1-888-819-1958}.
`TELEPHONE MONITORING. To provide you with high-quatily service,
`phone communication with us is monitored and/or recorded.
`ADDITIONAL INFORMATION. The fallowing designations, when appearing
`‘on the front of your statement, mean the following: V meansvariable rate
`ithis rate may vary); WY INT PAY RQ means WAIVE INTEREST, PAYMENT
`REQUIRED; WY INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WY
`INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; DF INT PY RQ
`smeans DEFER INTEREST, PAYMENT REQUIRED; DEF INT EG PY means
`DEFER INTEREST, EQUAL PAYMENT; DF INT LOW PMT means DEFER
`INTEREST, LOW PAYMENTand LOW APR EQ PAY means LOW APR, EQUAL
`PAYMENT. Ht 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 133003, Catumbus,
`Obie 43718-3003.
`Send atl bankruptcy notices and related correspondence to Comenity
`Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohio
`43218-3043.
`Si necesita ayuda en Espanal, contactenos a nuestros centeos de atencion
`1-844-271-2708 (TOD/TTY 1-888-819-1918).
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide 2
`check a payment, you authorize us either to use information from your
`check te make a one-time electronic fund transfer fromyour accountor fo
`process the payment as a check transaction. When we use information from
`your check to make an clectronic fund transfer, funds may be wilhdrawn
`trom your account as soon as the same day we receive your payment, and
`you will not receive your check back from your hnancial institution.
`
`If we do not receive your payment in a correct format (outlined below)il
`PAYMENTS. Pay your Account by the payment duc date by the time listed below.
`may not be credited to your Account for up to five days, ar may be rejected. Also, your payment must reach us by the payment cutofe time that applies to
`Ihe payment method you stlect.
`Correct Format. Correct format for different payment methods include:
`Maifing or Ovemight: Send a personal check, money order, travcler’s check or cashier's check payable in U5. dollars, to the name and address shown an
`this. Statement in the payment stub area containing your balance and minimum payment amount. Be sure to include your payment stub, da not staple or
`clip your paymentto the stub, include your account number on your check, use the envelope provided with your Statement, send one payment with one
`paymentstub and do not send any correspondence with your payment. You should overnight a payment to 6550 North Loop 1604 East. Suite 101, San
`Antonio, TX 78247-5004 and the additional format 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 cashorgifl certificates. Pay By Phone: You can call us toll free at 1-844-271-2708
`{TODATTY 1-888-819-1918) 10 make a paymentby telephone, which may include a lee. Gafine: You can make a payment online al comenity.net/zales.
`fr-Store: Y