MIDLAND CREDIT MANAGEMENT, INC v. CHACHO, CHRISTINA, AAN-CV23-6052883-S, 100.33 (Conn. Super. Ct. Sep. 29, 2023) (2024)

MIDLAND CREDIT MANAGEMENT,INC,
`
`STATE OF CONNECTICUT
`
`Plaintiff
`
`-vs-
`
`CHRISTINA CHACHO,
`
`Defendant(s).
`
`AFFIDAVIT OF TARA GRELL
`
`a
`
`Tara Grell, whose business address is 600 W. Saint Germain St Suite 200, St. Cloud, MN
`
`56301-3616, certifies and says:
`
`i.
`
`fam employed as a Legal Specialist and have access to pertinent records for
`
`Midland Credit Management,Inc. ("Plaintiff or."MCM"). I am a competentperson over
`
`eighteen years of age, and make the statements herein based upon personal knowledge
`of those account records maintained by Plaintiff. Plaintiff is the current ownerof, and
`
`was assigned all the rights, title and interest to Defendant's COMENITY BANK account
`
`XXXXXXXXXXXXXX7517 (hereinafter "the Account").
`
`2.
`
`[have access to and have reviewed the electronic records pertaining to the Account
`
`maintained by MCM and am authorized to makethis affidavit on MCM's behalf. The
`
`electronic records reviewed consist of (1) data and records acquired from the seller or assignor
`
`when MCM purchasedor was assigned the Account, which were incorporated into MCM's
`
`business records upon purchase or assignment, and (ii) data and records generated by MCM
`in connection with servicing the Accountsince the date the Account was purchased by or was
`
`assigned to MCM.In addition, I reviewed the documents that are attachedto this affidavit.
`
`3.
`
`Tam familiar with and trained on the manner and method by which MCMcreates
`
`and maintains its business records pertaining to the Account, which consist of (1) data and
`
`documents acquired from the seller or assignor, and (ii) subsequent collection and/or servicing
`
`activities by MCM. Therecords are acquired or created, and are kept in the regular course of
`
`MCM's business.It was in the regular course of MCM'‘sbusiness for a person with knowledge
`
`of the subsequentcollection and/or servicing activities recorded, and a business duty to report,
`
`AFFIDAVIT OF TARA GRELL- !
`
`ONCNEE a ON
`
`316
`
`41156
`
`3
`
`AFFRECATTACH
`
`23-14041
`
`

`

`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 asa
`
`‘ regular practice.
`
`4.
`
`. The accuracy of such records is relied upon by Plaintiff in collecting this Account. These
`
`records are trustworthy and relied upon because the 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 upon a credit agreement between
`
`Defendant(s) and the original creditor. MCM's records further show that Defendant(s) used or
`
`authorized the use of the credit Account but failed to make the payments due pursuantto the
`
`agreement.
`
`6.
`
`|MCM's records show that the Account was opened on 2020-07-11 and charged off on
`
`2021-12-31 with a balance of $680.77. On or about 2022-01-19, Plaintiff purchased and was
`
`assigned the balance owed by Defendant of $680.77. As of 2023-08-01, MCM's records show
`
`that the balance of $680.77 remains due andowing and no interest has been assessed to the
`
`Account. Therefore, Plaintiff seeks the amount of $680.77 from Defendant. All credits and
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`offsets for payments have been applied to the balance.
`
`7.
`
`8.
`
`MCM'srecords showsthat the last paymentposted to the Account on 2021-09-01.
`
`The complete chain oftitle including COMENITY BANK,the original creditor, and all
`
`post-charge-off purchasers/assignees of the debt are as follows:
`
`1.
`
`2022-01-19 COMENITY BANK
`
`ONE RIGHTER PARKWAY,SUITE
`
`100,WILMINGTON,DE,19803
`
`2.
`
`Midland Credit Management, 350 CAMINO DE LA REINA,SUITE
`
`Inc.
`
`100,SAN DIEGO,CA,92108
`
`9.
`
`Attached hereto are the following records regarding the Account:
`
`AFFIDAVIT OF TARA GRELL- 2
`
`EE ECOAAACEA CAMEO
`316411563
`AFFRECATTACH
`.23-
`14041
`
`

`

`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
`
`ExhibitB.
`
`was active, which shows the Defendant's name and address
`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
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`sale or assignment of the Accountto Plaintiff
`
`10.
`
`The documents attached heretoare true and correct copiesofthe originals, being a “
`
`reproduction of Plaintiff's records, based upon my review, except to the extent that confidential
`
`and privileged information and/or personal identifying information is omitted or redacted as
`
`required by local rules, and applicable state and federal law.
`
`11.
`
`—Ifcalled to testify as a witness thereon, J could and would competently testify as to all
`
`the facts stated herein.
`
`Left Blank Intentionally
`
`AFFIDAVIT OF TARA GRELL- 3
`
`CONOR LAC HOONA
`316411563
`AFFRECATTACH
`323-14041
`
`

`I certify under penalty of perjury that the foregoing statements are true and correct.
`
`AUG 2 5 2023
`
`Pate }
`
`Tara Gre
`
`/(
`
`.
`
`STATE OF MINNESOTA
`
`COUNTY OF STEARNS
`
`Signed and swornto (or affirmed) before me on
`by Tara Grell.
`
`.
`
`"
`6
`AUG 2 5 223
`
`
`
`h}~—sNotary Public | Notary Public
`
`
`ee
`Minnesota
`wos|
`NEESWyCoonsEtenion9,285 |
`
`
` ;
`
`
`
`AFFIDAVIT OF TARA GRELL- 4
`
`TEAC INAA UDCA23-14041
`
`AFFRECATT.,
`
`316411563
`
`

`

`Summary of accaunt activity
`Accountne.
`entnewseee75 F
`
`PAGE i OF 4
`
`$680.77
`$190.00
`01/20/2022
`
`Payment information
`New batance
`Minimum payment due
`Payment due date
`$827.16
`Previous balance
`Late payment warning
`eo
`Payments
`:
`i
`Ih
`i
`if we do nol receive your minimum payment by 01/20/2022 you may
`ooo
`panescreas
`NAV10PayUP10aS400TaNFOnunmnnmeeennnininnenn
`0,00,
`Other dabits
`Minimum payment warning: ff you make only the minimum
`40.00
`Fees charged
`paymentfor each period, you will pay more in interest andit will lake
`13.61
`Interest charged
`you longar to pay off your balances. For example:
`$680.77
`New balance
`Past due amount It you make ne additional|You will pay off160.00 And you will
`
`
`
`Credit limit
`$350.00
`charges using this card
`
`Available credit and each month you pay:|an the statement$0.00
`
`Statement closing date
`12/25/2021
`in about:
`Daysinbilling cycle
`
`un
`
`Farinformation regarding enscil counseling services,
`call 1-800-284-1706.
`
`Skip signing in to payand-use Comenity's EasyPay.
`
`‘reader to scan the QR code printed on your payment stub below to get started.
`
`It's safe and convenient, Use your smartphonecamera or code
`
`Details of your transactions
`_TRANSDATE___...TRANSACTIONDESCRIPTIONOCATION aecssssscsessesenesssssssnunessetimustssstiutiansreririinuenseriitenaerssttee!AMOUNT
`Fees
`12/20/2021
`
`LATE FEE
`Tatal fees charged for this period
`
`40.00
`$40.00
`
`Interest charged
`Interest charge on purchases
`Totalinterest for this period
`
`2021 totals year to date
`Total fees charged in 2021
`
`Total interest charged in 2021
`
`$13.61
`$13.61
`
` Interest charge calculation
`Your Annyal Percentage Rate (APR}is the annual interest rate on your accaual. Seg BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit cand agreement.
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANCE
`APA
`TO INTEREST RATE
`GHARGE
`Purchases
`24.9900% (v)
`641.40 (DA)
`13.61
`
`Additional important messages
`Effective February 2, 2022, the cutoff 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 6:00 pm Eastem Timewill post on the same day. Please see the information provided
`on the back ofthe first page of your statement for more details about payment cutoff times.
`
`(CONTINUED)
`
`NOTICE:See reverse side for ImportantInformation.
`Please tear et pertorailon above
`
`VICTORIAS SECRET
`BOND STREEFLONDGN
`
`{4 Yes, | have moved or updated my
`email address - see reverse.
`
`Amount
`enclosed:
`
`Account
`
`number
`weeweeseeeTST
`
`
`New balance
`Minimum payment
`$680.77
`$190.00
`og4
`Mailed
`by
`6pm
`ET
`f
`onOUS0I2022. must
`
`t
`
`hus
`reach us
`
`Ny
`
`sem
`
`
`
`Gaffe qHURL Mfad yg ated lg gpa fled Yl pyle edagafly ape tala,
`SMARCELINELN
`MILFORD CT 06460-6774
`
`Please reiurn this portion along with yaur payment to:
`PO BOX 650972
`DALLAS TX 75265-0972
`
`Please make check payable to:
`COMENITY - VICTORIA'S SECRET
`
`PUTT TULUM TT rcos be pe|
`
`45905018
`
`00027119 Pe” 00009000 o0008077
`EXHIBIT A
`
`

`

`
`Keep this portion for your records,
`CREDIT REPORTING. We may separl information sboul your accountIo
`What To Oo if You Think You Find A Mistake Gn Your Statement
`credit bureaus, Lale payments, missed payments, or ather delaulls on your
`account may be reflected in your credil report,
`Mf you think there is an error on your stalement, wrile to us al: Comenity
`NOTICE OF CREDIT REPORT CISPUTES.
`Bank PO Box 182782, Columbus, OH 43218-2782.
`I you believe the account information we reporied lo a consumer reporling
`In your letler, give us the allowing Information:
`agency is inaccurate, you may submit a direct dispule la Comenily Bank PO
`* Account information: Your name and account number,
`Bou 182789, Columbus, OH 43218-2789. Your wrilten dispute must
`* Oolfar amount: The dollar amount of the suspected error.
`provide sullicient information (¢ identify the account and specily why Ihe
`infermalian is inaccurate:
`* Description of Problem: If you think there is an error on yourbill,
`= Account Infarmatian: Your name and accounl number
`describe whal you believe is wrong and why you believe iL is a mistake,
`® Contact Information: Your address and telephone number
`You musi conlacl vs within 60 days afler the error appeared on your
`statement.
`* Disputed Information: identity the account information disputed and
`explain why you believe it is insccurate
`You must ngtify us of any potential erors in writing. You may call us, dul it
`* Supporting Oocumentation:If available, provide a copy of the seclzan of
`you do we are nol required lo invesligate any potential errors and you may
`the credit report showing lhe accoun! inlormalion you are dispuling
`have to pay Ihe amount in queslion.
`We will invesligale the disputed information and report the results to you
`While we investigate whelher or nol there has deen an error, the following
`within 30 days of receipl of the informalion needed for our investigation. I
`are true:
`we tind thal [he account information we reported is inaccurale, wewill
`* We cannolIry lo collect (he amounl in question, of report you as
`Prompily provide Lhe necessary correction te cach consumer reporng
`delinquent on thal amount.
`agency to which we reparled the information,
`* The charge in question may remain on your stalement, and we may
`PAYMENTS MARKED “PalD IN FULL". All writen communications regarding
`continue to charge you interes! on [hal amount. Bul, if we determing thal
`disputed amounts thal inelude any check or other payment instrument
`we made a mistake, you will act have to pay (he ameunt in question or
`masked with "payment in full’ or similar language, must be senl lo: 3000
`any interest or olher fees relaled to [hat amount.
`Kellway Drive, Suite 120 Carrolllon, TX 75006,
`® While you do nol have lo pay the amount in question, you are responsible
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`tor the remainder of your balance.
`- We may accept paymentseni to any other address withoul igsing any of
`© We can apply any unpaid amounl againgl your credit limit.
`ourtights.
`- Na payment shaf! operale as an accord and salislaclion wilhout prior
`Your Rights tf You Are Dissatisfied With Your Credit Card Purchases
`written approval.
`I you are dissalislied with Ihe goods oy services that you have purchased
`CUSTOMER SERVICE. Visit comenity.netAictoriassecret or call
`wilh your credit card, and you have tried in good failh lo correc|the
`1-800-695-9478 (TDD/TTY 1-800-695-1788).
`probtem with the merchant, you may have Lhe righ! nol to pay the remaining
`amount due on the purchase.
`TELEPHONE MONITORING. To provide you with high-quality service, phone
`communication with us is monitored and/or recorded.
`To use this right, ath of the following musl be true:
`1. The purchase must have been made in your home stale or wilhia 100
`ADDITIONAL INFORMATION. The Jollowing designations, wher appearing
`miles of your current mailing address, and Ihe purchase price musl have
`on the frond of your statement, mean (he following: ¥ means variable rale
`been more than $50. (Mote: Neither of these is necessary i your purchase
`(his ale may vary): WV INT PAY RO means WAIVE INTEREST, PAYMENT
`was based on an adverliscment we mailed to you, o: if we own ihe company
`REQUIRED; WY INT £Q PY means WAIVE INTEREST, EQUAL PAYMENT; WY
`INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; OF {NT PY RO
`thal soid you the goods or services.>
`means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ PY means
`2. Yeu must have sed your credil card for the purchase. Purchases made
`with casty advances from an ATM or wilh a check thal accesses your credit
`DEFER INTEREST, EQUAL PAYMENT; OF INT LOW PMT means DEFER
`INTEREST. LOW PAYMENT and LOW APR EQ PAY means LOW APR. EQUAL
`card aecounl do not qualily.
`3. You musi nai yet have fully paid for the purchase.
`PAYMENT.It you have a variable rate aceounl,your periodic rates may vary.
`You mey pay all of your Accounl bafance al any time wilhoul penalty.
`Hall of the criteria above are met and you are still dissalislied wilh the
`purchase, contact us in eriting al: Comenily Bank PO Box 182782,
`Send all inquisies to: CUSTOMER SERVICE, PO Box 162273, Columbus, OH
`Columbus, OH 43218-2782.
`43218-2273.
`While we invesligale, the same rules apply to the dispuled amount as
`Send all bankruptcy notices and related correspondence to Camenity Bank,
`discussed above. Aller we linish our investigalion, we will fe!] you our
`Bankruptcy Department, PO Box 182125, Columbus, OH 43218-2125.
`decision. At that point, if we Ihink you owe an amount and you do nol pay
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
`we may report you as delinquent.
`check as payment, you authorize us cilher lo use information [ram your
`HOW TO AVOID PAYING INTEREST. Your due date is al least 25 days afler
`check to make a one-Llime electronic fund Lransler Irom your account or to
`Ihe close of gach billing cycle. We will not charge you inlercs! on purchases
`process (he paymenl as a check transaction, When we use information from
`if you pay your entire batance by the due date each month. We will begin to
`your check lo make an elecironic fund Lransler, lunds may be wilhdrawn
`charge interest on new purchases made under 2 Low APR, Equal Payment
`(rom your accounl as soon as the same day we receive your payment, and
`os Budget Payment Credal Plan fram Ihe date of purchase.
`you will ool regeive your check back from your financial inslilution.
`BALANCE COMPUTATION METHOD. Wecalculate inieres| separately for
`each balance using Lhe melhod(s} describad below, The two lelters in
`parentheses next lo the Balance Subject to Interest Rale cotummin the
`Intevesi Charge Calculalion section on this slalemenl corresponds to ihe
`following:
`{DA} We figure the interes charge on this balance by applying ihe periodic
`tate to the “daily balance” for each day in the billing period, To pet the
`“daily balance” we take lhe beginning balance each day, add any new
`transaclions and ces and sublract any payments or credils {Irealing any net
`credit balance as 2 zero daiance). This gives us the daily balance.
`IMC} We figure ihe interest charge on Lhis balance by applying ihe periodic
`rate le the “average daily balance”for the billing period. To gel the
`“average daily balance” we take the beginning balance each day, add any
`new transaclions and fees and sublract any payments or credits {irealing
`any nel credit balance as a zero batance). This gives usthe daily balance.
`Then,we add up all the daily balances for the billing period and divide the
`tolal by dhe number of days in Lhe billing period. This gives us the “average
`daily balance.”
`
`PAYMENTS. Pay your Accountby the payient due date by the limelisted below. If we do nol receive your paymentin a corract format{outlined below}it
`may nod be credited to your Account
`for up Lo five days, or may be rejecled, Also, your payment musl reach us by the payment culofl time that applies to
`the payment avelbod you select,
`Conect Format. Correct format for differen! payment methods include:
`Mailing or Overnight: Send a personal check, money order, lraveles's check or cashier's check payable in U.S. dollars, to lhe name and address shown on
`this Slatement in (he paymenlstub area containing your balance and minimum payment amount. Be sure io include your payment stub, do not staple or
`clip your payment lo the stub, include your accounl number on your check, use ihe envelope provided wilh your Slatemenl, send one payment with one
`payment slvb and do not send any corespendence with your payment. You should overntighl a payment to 3000 Kellway Drive, Suile 120 Carralilon, TX
`i
`and the additional fermal requirements are [he same as olher mailed payments unless there is a dispute, in which case you follow the Payments
`Marked “Paid in Full" section above. Do not send cash or gill certilicates. Pay By Phone: You can cati us loll free at 1-800-695-9478 {TOD/TTY
`1-800-695-1788) to make a payment by telephone, which may include a fee. Onfine: You can make a payment online al comenity.neLvicloriassecret.
`In-ston: You can make payments in-store.
`Payment Cutoff Times, Payment cutofl times/deadlines tor us lo receive payments are by the duc date on this Slatement in the payment stub area al the
`lollowing limes: Maifing and Gremight: By 6:00 pin Easiem Time (ET); Pay By Phone: By 6:00 pm (ET): Oniine: By 6:00 pm (ET): and In-store: By the time
`Ihe store closes al [he location you make your payment.
`New information
`—. First/Name, MI
`Title (optional)
`Soc. Sec. Na.
`Last Name
`
`Street Address.
`
`
`RR.
`Apt. No.
`State
`tay
`Koine Phone _
`Email Address
`
`Foreign Man Code
`
`
`_ Zip Code.
`Work Phane_
`
`

`PAGE 3 OF 4
`
`Additicnal important messages - continued
`IMMEDIATE ATTENTION REQUIRED! Your Accountis extremely past due and will be written off as a
`bad debtat 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, wewill
`still be able to assist you and prevent your accountfrom being written off. Call us at 1-855-617-8089
`(TOD/TTY 1-800-695-1788) and wewill find a suitable payment before the end of this month. If written off,
`the bad debt will be reported Io the three major credit bureaus and our Recovery team will determine the
`appropriate steps, as permittad and available under applicable law, to protect our interests.
`
`Affected by COVID-157 Camenity Bank Offers Support
`As the bank that manages yourcredit card, our hearts go out to those affected by the coronavirus
`(COVID-19) pandemic.
`The support we’re extending to you.If you're experiencing linanclal hardship because of COVID-19,
`please call 1-800-695-9478 (TOD/TTY: 1-800-695-1788) to discuss how we may be able to help.
`Account Center ls available 24/7 for you te manage your VICTORIA'S SECRET account
`eniine. You can make payments and view your balance, iransactions and statements online. Not yet
`registered? Visit comenity.net/victoriassecret, enter your VICTORIA'S SECRETcredit card account
`number and ZIP code, then verity 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 lop of what's happening during the pandemic so we can best
`Suppor you.
`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.lf
`we do, we will charge a fee of up to $40.00 for any subsequent late 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 the due datein the nextbilling period.
`
`Protect yourself against mail and phone consumerfraud.
`hitp//about. usps.com/publications/pub281/welcome.htm
`
`
`
`yaqoso18 [MPs1?=co0019000 cononso7?ooo27220
`
`
`
`

`

` ~
`
`PAGE 4 OF 4
`
`

`


`
`e
`
`se
`
`&
`
`is,comenity
`
`.
`
`m
`
`Comenity Bank
`
`2eSeinaaTs
`
`(MpPoflofAflfoqqedgOU0040 gfe ogfFEfoyeN Ug Dygegefsedge yey
`CHRISTINA CHACHO
`8 MARCELINE LN
`MILFORD CT 06460-6774
`
`01/12/2022
`Account Ending In: 7517
`
`Current Balance: $680.77
`Account Ending In: 7517
`
`Dear CHRISTINA CHACHO,
`
`As of Dec 31, 2021, your Victoria's Secret account, which was issued by and owned by Camenity Bank
`(Comenity), was closed and charged-off. Please refer to your final statement for the charge-off amount.
`Wehave sold the account to Midland Credit Management, Inc.
`
`As the new ownerof the account, Midland Credit Management,Inc. is entitled to pursue the collection
`activities and other legal remedies to collect the unpaid balances on your charged-off account, now due to
`Midland Credit Management,Inc. All future communications regarding this accountwill be initiated by
`Midland Credit Management, Inc. and/or their coliection servicers.
`
`All future questions, correspondence and outstanding payments associated with this account should be
`directed to:
`
`Midland Credit Management, Inc.
`P.O. Box 301030
`
`Los Angeles, CA 90030-1030
`1-877-798-7999
`Para Espafiol: 1-877-798-7960
`www.midlandcredit.com/comenity/
`
`Sincerely,
`
`Recovery Department
`
`THIS LETTER IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN ATTEMPT TO
`COLLECT A DEBT.
`
`499 O04 DOL SOAd a 2:1"
`
`2022-01-12
`
`page 1 of 1
`
`

`

`

`

`Visit Comenity EasyPay at comenity.net/easypay to
`schedule a payment for the minimum due and bring
`your account current.
`
`PAGE 1 OF 4
`
`Summary of account activity
`Account no.
`eeanesweesTET
`
`Paymentinformation
`New balance
`Minimum payment due
`Payment due date
`
`$523.70
`$105.00
`10/20/2021
`
`$523.53
`Previous balance
`.
`-50.00
`Payments
`Late payment warning:
`0.00
`Othercredits
`itwe do not receive your minimum payment by 10/20/2021 you may
`0.00
`Purchases
`—_Ravelopayuptoa$40.00iatefee,
`ooo
`Other dabits
`
`Minimum payment warning:If you make only the minimum
`oy
`fees charged 4
`paymentfor each period, you will pay more in interest andit will take
`10.1
`terest change’
`you longer lo pay off your balances. For example:
`$523.70
`New balance
`And you will
`It you make no additional
`You will pay off
`80.00
`Past due amount
`
`
`
`Gredid limit the balance shown|end up paying ant$350.00 charges using this card
`
`Available credit and each month you pay:|onthe statement[estimatedtotal$0.00
`
`Statementclosing date
`09/24/2021
`in about:
`of:
`
`Daysin billing cycle Only the minimum payment [19monthe=s6a7—30
`
`Forinformation regarding credil 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,
`
`
`S| PneaRiitarhoeinte
`
`TRANS DATE
`
`TRANSACTION DESCAIPTIONILOCATION
`
`09/01/2021
`
`PAYMENT - THANK YOU
`
`AMOUNT
`
`-50.00
`
`Fees
`og/20/2021
`
`LATE FEE
`Total fees charged for this period
`
`.
`
`40.00
`$40.00
`
`indareat chargedrterenencerneeenanc
`Interest charge on purchases
`$10.17
`Totalinterest for this period
`$10.17
`
`2021 totals year to date
`Total fees charged in 2021
`
`Total intaresi charged in 2021
`
` Interest charge calculation
`Your Annyal Percentage Rate (APR)is ihe annualinterest rate on your accounl. Sea BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed interest charge below, per your cradil card agreement.
`TYPE OF
`BALANCE SUBJECT
`(NTEREST
`BALANCE
`APR
`TO INTEREST RATE
`CHAAGE
`Purchases
`24.9900% {v}
`495.12 (DA)
`10.17
`
`Additional importanl messages
`Save on Interest Payment: You can check Account Center 24/7 for up-to-date balance and payment
`amounts including any new payments, transactions, fees and daily accruing interest.
`(CONTINUED)
`
`NOTICE: See leverce side for Impenani information.
`Please tear al perforation above
`
`;
`VIC TORLA § SE CRE T
`SOND STREET:LONDON
`
` Account
`
`teeanes0087547
`Minimuen payment
`$105.00
`
`number
`New balance
`$523.70
`9924
`
`Yes, [have moved ar updated my Amount Mailed¢payments musi reach us by 6pm ET
`
`e-mail address - see reverse.
`anclesed;
`
`,
`
`Please make check payable to:
`COMENITY - VICTORIA'S SECRET
`
`iMfongapete ogg gtAUa Ny foQ REED ty Deg AHP EL Eagg Ug eng lagal
`CHRISTINA CHACHO
`8 MARCELINE LN
`MILFORD CT 06460-6774
`
`Please setum this portion along with your payment to:
`PO BOX 650972
`DALLAS TX 75265-0972
`
`49905018
`
`oO0020583 ae: 000010500 000052370
`
`Epa Ao faDeget geMtoe PTTL lene Tt
`
`

`

`
`Keepthis portion for your records.
`CREDIT REPORTING. We may reporl infosmation about your account to
`What To Bo if You Think You Find A Mistake On Your Statement
`credil bureaus, Lale payments, missed paymenls, or other defaulls an your
`account may be reflected in your credil report.
`I you think there #6 an ersor on your slatement, write Lo us al: Comenity
`NOTICE OF CREDIT REPORT DISPUTES
`Bank PO Box 182782, Columbus, OH 43218-2782.
`(you believe the account informalion we reporled to a consumer reporting
`In your feiter, give us the lofiowing information:
`agency is inaccurale, you may submil a direed dispute to Comenily Bank PO
`* Account information: Your name and account number.
`Box 182789, Columbus, OH 43218-2789. Your written dispute musi
`* Dollar aimauat: The dollar anounl of the suspected error.
`
`provide sufficient! information 4o identify the accounl and specily why the
`* Description of Problem: Wf you think there is an error on yourbill,
`* Account Information: Your name and accounl mumber
`describe whal you believe is wrong and why you betieve it is a mislake.
`information is inaccurate:
`
`® Contact Information:
`Your address and ietephone number
`You mus! contagd us wiltin 60 days alter the ereor appeared on your
`slatement,
`* Disputed Information: Identify the account information disputed and
`explain why you believe it is inaccurate
`You musi notily us of any potential ecrors int wriling. You may call us, bud if
`+ Supporting Gocumentation: fl! available, provide 4 copy of the section af
`you do we are nol required 1investigate any potential errors and you may
`the ceedil report showing the account inlormation you are dispuling
`have to pay he amouni in question.
`We will investipate the disputed information and reporl the resulls to your
`While we invesligate whelhes or not there has been an cao, the following,
`within 30 days of receipt of the information needed lor ourinvestigation. |F
`are true:
`we lind [hat the accountinformation we «eported is inaccurale, wewill
`* We cannol try lo collect the amount in question, os report you as
`promptly provide the necessary coereclion lo each consumer reporting,
`delinquent on (hat amount.
`agency lo which we reported the information.
`© The chame in question may remain on your slalemeni, and we may
`PAYMENTS MARKED “PAID IN FULL*. AN wrillen communications regarding
`continue lo chargé you interest on thal amount. Bui, if we determine thal
`disputed ameunts thal include any check or other payment instrument
`we made a mistake, you will not have lo pay lhe amountin question or
`marked wih ‘paymentin full* o¢ similar language, musl be sent lo: LOLO W.
`any intesesi o¢ other dees relaled to that amount.
`Mockingbird Lane, Suile LOO, Dallas, TX 75247,
`© While you do nol have to pay the amount in question, you are responsible
`OO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`for Ihe remainder of your balance.
`- We may accept payment sentto any other address wilhoul losing any ol
`© We can apply any unpaid amound agains! your credit limit.
`our rights.
`+ No payment shall operate as an accord and salisfaction wilhoul prior
`Your Rights if You Are Dissatisiied With Four Credit Cand Purchases
`wrillen approval.
`Il you ate dissalistied with Ihe goods or services What you have purchased
`CUSTOMER SERVICE. Visit comenity.nethictorassecret or call
`with your credil card, and you have tried in good faith to cosreci [he
`1-800-695-9478 (TDD/TTY }-800-695- 1783}.
`problem with the merchant, you may have the right not lo pay the remaining
`amount due on the puschase.
`TELEPHONE MONITORING. To provide you with high-quality service, phone
`communication with us is monilored and/or secorded.
`To use thisright,all of the following must be tue:
`1. The purchase must have been made in yous horne state o7 wilhin 100
`ADDITIONAL INFORMATION. The [ollowing designalions, when appearing
`miles of your current mailing address, and lhe purchase price must have
`on Lhe frond of your statement, mean Lhe following: ¥ means variable rate
`been more [han $50. (Mole: Neither of these is necessary il your purchase
`{this rate may vary); WV INT PAY RQ means WAVE INTEREST, PAYMENT
`REQUIRED; WV INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WY
`was based on an advertisement we maifed to you,or if we own the company
`INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; DF INT P¥ RQ
`That sold you the goods o: services.}
`means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ PY means
`2. You musl have used your credil card for Ihe pysehase. Purchases made
`wilh cash advances from an ATM os with a check thal accesses your credi:
`GEFER INTEREST, EQUAL PAYMENT; OF INT LOW PMT means OEFER
`card accoynl do not quality.
`INTEREST, LOW PAYMENT and LOW APR €Q PAY means LOW APR. EQUAL
`3. You musi nod yel have fully paid lor the purchase.
`PAYMENT.if you have a variable rate accqunt, your periodic rales may vary.
`You may pay all of your Accounl balance at any lime withoul penalty.
`Mall of the criteria above are mel and you are sll dissatisfied with lhe
`Send all inquiries to; CUSTOMER SERVICE, PO Box 182273, Columbus, OH
`purchase, contacl us fit writing al: Comenily Bank PO Box 182782,
`Cofurnbus, OH 43718-2782.
`49218-2273.
`While we investigate, Ihe same rules apply to the disputed amount as.
`Send all bankruptcy notices and related correspondence to Comenity Bank,
`discussed above. Alter we finish our iwesligalion, we will lefl you our
`Bankruptcy Department, PO Box 182125, Columbus, OH 43218-2125.
`decision. At [hal point, i we think you owe an amount and you do nal pay
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
`we may reporl yau as delinquent.
`check as payment, you authorize us eilher to use informadior: from your
`HOW TO AVOID PAYING INTEREST. Your due date is al least 25 days alter
`check to make a one+lime electronic fund transler from your accounior to
`the close of cach billing cycle, We will nol chazpe you interest on purchases
`process the payment as a check transaclion. When we use informaiion from
`if you pay your entire balance by Ihe due date each month. We will begin to
`your check to make an eleciromie fund lransfes, Junds may be wilhdrawn
`change intevest on new purchases made under a Low APR, Equal Payment
`feom your account as soon as the same day we receive your payment, and
`of Budge! Payment Credil Plan [rom the dale of purchase.
`you will nol receive your check back [rom your financial institution,
`BALANCE COMPUTATION METHOO, Wecalculate interest separaiely for
`tach balance using Ihe melhod{s} described below, The lwo letters in
`parentheses next to the Balance Subject to Interes’d Rate column in Lhe
`Inteees! Charge Calculalion section on this stalement corresponds to the
`lollowing:
`(DA} We ligure the inferes! charpe on this balance by applying the periodic
`rate to the “daily balance” for each day in lhe billing period. To gel Ihe
`“daily balance” we lake the beginning balance each day, add any new
`lransaclions and fees and subiract any payments or credits (lreating any net
`credit balance as a zero balance}. This gives us {he daily bafance.
`{MC} We figure Lhe wterest charge on this balance by applying the periodic
`
`rate to the “average daily balance” [or the billing period. To gel the
`“average daily balance” we take Ihe beginning balance each day, add any
`new transaclions and fees and subtract any payments or credils Clrealing.
`any nel credit balance as a zero balance}. This gives us the daily balance.
`Then, we add up all the daily balances lor the billing period and divide Lhe
`lotal by (he number of days in the billing period. This gives us Ihe “average
`daily balance.”
`
`PAYMENTS. Pay your Account by Lhe paymenl due dale by ihe timelisted below.If we do not ceceive your paymentin a correci formal outlined below! il
`may not be credited

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MIDLAND CREDIT MANAGEMENT, INC v. CHACHO, CHRISTINA, AAN-CV23-6052883-S, 100.33 (Conn. Super. Ct. Sep. 29, 2023) (2024)
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