AFFIRMATION - Sealed April 14, 2022 (2024)

 
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 FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM INDEX NO. EF2021161NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022 Document Affidavit of Purchase and Sale of Account by Debt Seller Account ID 5926 Issuer Account ID 3239 Issuer Name Comenity Capital Bank Package SRD190225-ADS-O4 State NY Purchased 10/15/2019 I.ast Paid 2/14/2019 1 of 8FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM INDEX NO. EF2021161NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022 AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. I am an employee Second Round, LP ("Debt Seller"), and I have personal knowledge of and access to Debt Seller's books and records ("Business Records), including electronic records, relating to a pool of charged-off consumer credit accounts purchased by or assigned to the Debt Seller from Comenity Capital Bank on 10/15/2019 (the "Purchase"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein. As part of the Purchase, Comenity Capital Bank assigned all of its interest in the Account, including the right to any proceeds from the Account, to Debt Seller, and it transferred Business Records relating to the Account to Debt Seller. 2. In my position, I also have personal knowledge of Debt Seller's procedures for creating and maintaining its Business Records, including its procedures relating to the purchase, sale and assignment of consumer credit accounts. Debt Seller's Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Debt Seller's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. On 10/15/2019 , Debt Seller sold or assigned a pool of charged-off consumer credit accounts to Second Round Sub, LLC (the "Sale"), which included the Account of the Consumer. At that time, Debt Seller assigned all of its interest in the Account, including the right to any proceeds from the Account, to Second Round Sub, LLC. As part of the Sale, Business Records relating to the Account were transferred to Second Round Sub, LLC. Prior to the Sale, those Business Records had been created and maintained in the ordinary course of Debt Seller's business. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit to this affidavit. 4. At the time of Sale, Consumer owed the amount set forth in an exhibit attached hereto and made a part hereof, which also sets forth the amount of the charge-off balance and, the total amounts, if of any post-charge-off interest and post-charge-off fees and less any post- applicable, charges, charge-off credits or payments made by or on behalf of the consurner. The above statements are true and correct to the best of my personal knowledge. 926 Dated: 4/30/2021 Katie Parlak Name Sworn to before me this day of ,20Ê Notary Public CM42 2 of 8FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM INDEX NO. EF2021161NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022 CERTIFICATE OF CONFORMITY The undersigned does hereby certify that I, Darryl Atkinson am an attorney at law of the State of Texas, who resides in the State of Texas, and is fully acquainted with the laws of the State of Texas pertaining to the acknowledgment of proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section 299-a of Real Property Law of the State of New York and hereby certify that the acknowledgment or proof upon the foregoing document was taken by Barbara Alvarado, a Notary Public in the State of TEXAS, in the manner prescribed by the laws of the State of TEXAS and conforms to the laws thereof in all respects. 30th IN WITNESS WHEREOF, I have hereunto set my signature this day of April, 202L Attorney at Law, State of Texas 3 of 8FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM INDEX NO. EF2021161NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022 Exhibit A REDACTED SALES FILE Balance Current Court Issuer Account ID AccountlD Loaded Principal Int Cost Balance 3239 M5926 $2,044.82 $2,044.82 $0.00 $0.00 $2,044.82 Purchase First Name Last Name CO Date Issuer State Birth Date Date CICELY WILLYOUNG 9/30/2019 Comenity NY /1973 10/15/2019 Capital Bank 4 of 8 INDEX NO.FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM EF2021161NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022 .............................................................................................................................................................................................................. PAGE 1 OF 4 Summary of account activity Payment information Account no. ****-****-****-3239 New balance $2,044.82 Minimum payment due $451.00 Previous balance $1,962.26 Payment due date 10/18/2019 Payments 0.00 Other credits 0.00 Late payment warning: If we do not receive your minimum payment by 10/18/2019 you may Purchases 0.00 have to pay up to a $38.00 late fee. Other debits 0.00 .................................................................................................................... Cash advance 0.00 Minimum payment warning: If you make only the minimum Balance transfer 0.00 payment for each period, you will pay more in interest and it will take Fees charged 38.00 you longer to pay off your balances. For example: Interest charged 44.56 New balance $2,044.82 If You make no additional You will pay off And you will charges using this card the balance shown end up paying an Past due amount 386.00 and each month you pay: on the statement estimated total Credit limit $1,500.00 in about: of: Available credit $0.00 Only the minimum payment 11 years $5233 Cash credit limit $300.00 . For Information regarding credit counseling services, Available cash $0.00 caH 1-800-284-1706. Statement closing date 09/22/2019 Days in billing cycle 30 Details of your transactions TRANS DATE TRANSACTIONDESCRIPTION/LOCATION AMOUNT Fees 09/18/2019 LATE FEE 38.00 Total fees charged for this period $38.00 .......................................................................................................................................................................................................... Interest charged Interest charge on purchases $44.56 Interest charge on cash advance $0.00 Interest charge on balance transfer $0.00 Total interest for this period $44.56 2019 totals year to date Total fees charged in 2019 $266.00 Total interest charged in 2019 $344.46 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 TOINTEREST RATE CHARGE Purchases 27.2400% (v) 1,989.99 44.56 Cash advances 29.2400% (v) 0.00 0.00 Additional important messages Important Reminder: If you make a purchase with this credit card using a promotional plan, the promotional plan expiration date and payment due date may be different. 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) NOTICESeereversesidefor impodantinformation. Please tear at perforation above Account number ****-****-****-3239 a New balance Minimum payment " $2,044.82 $451.00 99 4 Payment must reach us by ¡ Yes, I have moved or updated my e-mail address - see reverse. Amount enclosed: 6 pm ET on 10/18/2019. $ Please make check payable to: Dhll' " II' ID I II'I II ID 'I 'I1 I I I'I Please return this portion along with your payment to: CICELY WILLYOUNG 505 FOXWOOD DR PO BOX 659834 CLIFTON PARK NY 12065-6927 SAN ANTONIO TX 78265-9134 Illii I I 11"111111111I illill 111111 illhibillibill 5 of 8 INDEX NO. FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM EF2021161 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022Keepthis portionfor your records. CREDITREPORTING. We may reportinformationaboutyouraccounttoWhatToDo If YouThink YouFindA MistakeOn YourStatement credit bureaus. Late payments,missedpayments,or otherdefaultson your . account may be reflected in yourcredit report.If you think there is an erroron your statement,write to us at: ComenityCapital BankPOBox 182620, Columbus,Ohio43218-2620. NOTICEOFCREDITREPORTDISPUTESIf you believethe account . informationwe reportedto a consumerreportingagencyis inaccurate,youIn your letter, give us the following information:" Accountinformation:Yournameand accountnumber. maysubmit a direct disputeto ComenityCapital Bank POBox 182120," Dollaramount:Thedollar amountof the suspectederror· Columbus,Ohio43218-2120. Yourwritten dispute must providesufficient informationto identify the accountand specifywhy the informationis" Descriptionof Problem:If you think there is an erroron your bill, inaccurate: describewhatyou believeis wrongand whyyou believeit is a mistake. " AccountInformation:Yournameand accountnumber " ContactInformation:Youraddressand telephonenumberYoumustcontact us within 60 daysafter the errorappearedon your " DisputedInformation:Identify the accountinformationdisputedandstatement. explain whyyou believeit is inaccurateYoumust notify us of any potentialerrorsin writing.You maycall us, but if . SupportingDocumentation:If available,providea copy of the sectionofyou do weare not requiredto investigateany potential errorsandyou may the credit reportshowingthe accountinformationyou are disputinghaveto pay the amountin question.Whilewe investigatewhetheror not there hasbeenan error, the following i h 30 day of receipto the informat n need d for u inve t gation If we nd hat e account nformation reportedis naccurate,wewill W c nnot try to collect the amountin question,or reportyou as delinquenton that amount." Thechargein questionmay remainon your statement,and we may agencyto which we reportedthe information. continueto chargeyou intereston that amount. But, if wedeterminethat PAYMENTS MARKED"PAIDIN FULL". All written communications we madea mistake,you will not haveto pay the amountin questionor regardingdisputedamountsthatfull" include any checkor other payment instrumentmarked"paymentin or similar language,mustbe sentto: any interestor otherfeesrelatedto that amount. 6550 North Loop 1604 East,Suite 101, SanAntonio, TX78247-5004." Whileyou do not haveto pay the amountin question,you are responsible DONOTUSETHEENCLOSED REMITTANCE ENVELOPE. for the remainderof your balance. - We mayaccept paymentsentto any otheraddresswithout losingany of" Wecan applyany unpaidamountagainstyourcredit limit·. . our rights. - Nopaymentshall operateas an accordand satisfactionwithout priorYourRightsIf YouAre DissatisfiedWith YourCreditCardPurchases written approval.If you aredissatisfiedwith the goodsor servicesthat you havepurchasedwith yourcredit card, andyou havetried in goodfaith to correctthe CUSTOMER SERVICE.Visit comenity.net/bjsor call 1-855-269-1622 (Myproblemwith the merchant,you may havethe right not to pay the remaining BJ's PerksMastercard)or 1-844-271-2535 (My BJ's PerksWorldamountdue on the purchase. Mastercard)(TDD/TTY1-888-819-1918).To usethis right, all of the following mustbe true: TELEPHONE MONITORING. To provideyou with high-qualityservice,phone communicationwith us is monitoredand/orrecorded.1. Thepurchasemusthavebeenmadein your homestateor within 100miles of yourcurrent mailing address,and the purchaseprice musthave ADDITIONALINFORMATION. The followingdesignations,whenappearingbeenmorethan $50. (Note:Neitherof theseis necessaryif your purchase on the front of your statement,meanthe following:V meansvariableratewasbasedon an advertisem*ntwe mailedto you, or if weownthe company (this rate mayvary);WVINT PAYRQmeansWAIVEINTEREST,PAYMENTthat soldyou the goodsor services.) REQUIRED; WVINT EQPYmeansWAIVEINTEREST,EQUALPAYMENT; WV INT LOWPMTmeansWAIVEINTEREST,LOWPAYMENT;DFINT PYRQ2.Youmusthaveusedyourcredit card for the purchase.Purchasesmade meansDEFERINTEREST,PAYMENTREQUIRED;DEFINT EQPYmeanswith cashadvancesfrom an ATMor with a checkthat accessesyourcredit DEFERINTEREST,EQUALPAYMENT;DFINT LOWPMTmeansDEFERcard accountdo not qualify. INTEREST,LOWPAYMENT and LOWAPREQPAYmeansLOWAPR,EQUAL PAYMENT.If you havea variablerate account,your periodic rates mayvary.3. Youmustnot yet havefully paid for the purchase. You maypay all of yourAccountbalanceat any time without penalty.If all of the criteria aboveare met andyou arestill dissatisfiedwith the Sendall inquiriesto: CUSTOMER SERVICE,POBox 183003, Columbus,purchase,contact us in writing at: ComenityCapital BankPOBox 182620, Ohio43218-3003Columbus,Ohio43218-2620. Sendall bankruptcynoticesand relatedcorrespondenceto ComenityWhilewe investigate,the samerules apply to the disputedamountas Capital Bank,BankruptcyDepartment,POBox 183043, Columbus,Ohiodiscussedabove.After wefinish our investigation,we will tell you our 43218-3043decision.At that point, if wethink you owean amountandyou do not paywe may reportyou as delinquent. NOTICEABOUTELECTRONIC CHECKCONVERSION. Whenyou providea checkas payment,you authorizeus either to use informationfromyourPAYINGINTEREST.Yourdue date is at least23 daysafter the closeof each checkto makea one-timeelectronicfund transferfrom youraccountor tobilling cycle. Wewill not chargeyou intereston purchasesif you payyour processthe paymentas a checktransaction.Whenwe use informationfromentire balanceby the due date eachmonth.Wewill begin charging interest yourcheckto makean electronicfund transfer,funds may be withdrawnon balancetransfersand cashadvanceson the transactiondate. Wewill fromyouraccountas soonas the sameday we receiveyour payment,andbeginto chargeintereston newpurchasesmadeundera LowAPR,Equal you will not receiveyourcheck backfromyourfinancial institution.Paymentor BudgetPaymentCredit Planfrom the date of purchase.BALANCECOMPUTATION METHOD.Wecalculate interestseparatelyforeachtypeof balanceon youraccount using a "Daily Balance"to determineinterestchargesfor each billing period.Wefigure the interestchargeonyouraccount by applyingthe periodicrateto the "daily balance"of youraccountfor each day in the billing cycle. Toget the "daily balance"wetakethe beginningbalanceof youraccounteach day, add any new purchases,advances,feesand balancetransfers,and subtract any paymentsor credits(treatingany net credit balanceas a zerobalance).This givesus the dailybalance.PAYMENTS. PayyourAccountby the paymentdue date by the time listed below. If wedo not receiveyour paymentin a correctformat (outlined below)itmay not be creditedto yourAccountfor up to five days,or may be rejected. Also,your paymentmustreachus by the paymentcutoff time that appliestothe paymentmethodyou select.This card is issuedby ComenityCapital Bankpursuantto a licensefrom MastercardInternationalIncorporated.Mastercardis a registeredtrademarkof MastercardInternationalIncorporated.CorrectFormat.Correctformatfor different paymentmethodsinclude:Mailing or Overnight:Senda personalcheck, moneyorder,traveler'scheck or cashier'scheck payablein U.S.dollars, to the nameand addressshownonthis Statementin the paymentstub areacontainingyour balanceand minimumpaymentamount. Besureto includeyour paymentstub, do not stapleorclip your paymentto the stub, includeyouraccountnumberon your check, usethe envelopeprovidedwith your Statement,sendone paymentwith onepaymentstub and do not sendany correspondencewith your payment. Youshould overnighta paymentto 6550 North Loop 1604 East,Suite 101, SanAntonio,TX78247-5004 and the additional format requirementsarethe sameas other mailed paymentsunlessthere is a dispute, in which caseyou followthe PaymentsMarked"Paidin Full" sectionabove. Donot sendcashor gift certificates. PayBy Phone:Youcan call us toll free at 1-855-269-1622 (MyBJ's PerksMastercard)or 1-844-271-2535 (My BJ's PerksWorldMastercard)(TDD/TTY:1-888-819-1918)to makea paymentby telephone,which mayincludea fee. Online:Youcan makea paymentonline at comenity.net/bjs.PaymentCutoffTimes.Paymentcutoff times/deadlinesfor us to receivepaymentsare by the due date on this Statementin the paymentstub areaat thefollowing times: Mailing and Overnight:By 6:00 pm EasternTime (ET);PayBy Phone:By 8:00 pm (ET); Online: By 8:00 pm (ET). New Information Title (optional) First Name MI Last Name Soc. Sec. No. Street Address Apt. No. RR PO Box City State Zip Code Foreign Map Code Home Phone Work Phone Email Address 6 of 8 INDEX NO.FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM EF2021161NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022 ............................................................................................................................................................................................................... PAGE3 OF 4 Additional important messages - continued How to avoid or minimize interest charges: Be sure to pay any promotional plan balance in full on plans" or before the plan expiration date shown in the "Details of your section of your statement. Please also keep an eye out for notifications of when your promotional plan(s) are nearing their expiration date-you'll see them in the red box on page 1 of your statement. If you have questions, please call us toll-free at 1-855-269-1622 (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! Account is extremely Your 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. 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 team will determine the appropriate steps, as permitted and available under applicable law, to protect our interests. Find out how to shop safely online at onguardonline.gov 7 of 8 INDEX NO.FILED: SARATOGA COUNTY CLERK 04/14/2022 11:40 AM EF2021161NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/14/2022 PAGE4 OF 4 8 of 8 

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