IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
LVNV FUNDING LLC,
Plaintiff,
vs.
EMMALINE CLARK
Defendant(s).
Case No. MELISSA EAS
PETITION
COMES NOW the Plaintiff, by and through counsel, Nelson & Kennard, and herewith alleges the following and seeks redress as hereafter delineated.
1. Plaintiff is a national debt collection agency, which transacts business within the State of Oklahoma.
2. Venue is proper in this County, as the Defendant(s) either reside(s) in this County at the commencement of this action, or the contract which is the subject matter of this action was made, executed, and delivered in this County.
3. The last four (4) digits of the Defendant’s account number, used by the original creditor as of the date of default are XXXXXXXXXXXXXXXXX5313.
4. Plaintiff's claim arises when the Defendant(s) opened a credit account and failed to make the required monthly payments as agreed. The credit account charged off for non-payment on 7/11/22, the balance due at time of default is as follows $1,372.30. A true and accurate copy of the last periodic statement provided to the Defendant(s) prior to charge-off is attached hereto as Exhibit 1. A true and accurate copy of the ownership of the credit card account is attached hereto as Exhibit 2.
5. The Defendant(s) breached the Contract by failing to make the required periodic payments.
6. As a direct and proximate result of the Defendant(s) default, the total amount of debt claimed is $1,183.55.
7. The date of the last payment made by the Defendant(s) is May 23, 2024.
8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises.
WHEREFORE, Plaintiff, LVNV FUNDING LLC prays for judgment against the Defendant(s), EMMALINE CLARK in the amount of $1,183.55, plus all costs herein expended, including but not limited to, court costs, sheriff’s fees, and special process server fees, attorney fees; and for such other and further relief as the Court may deem proper in the premises.
Dated this November 26, 2024.
Nelson & Kennard
By:
Ashton Dewayne Sears, OBA # 35737
12596 W. Bayaud Ave., Ste. 120
Lakewood, CO 80228
Phone: 866-920-2295
Attorney for the Plaintiff
EXHIBIT 1
Dell Financial Services
Dell Preferred Account
Account Number [REDACTED] 5313
For the billing period ending July 09, 2022
Special Messages for EMMALINE CLARK
Your account is seriously past due. Please contact one of our account specialists today to work out a plan or learn if you qualify for payment program at (800) 283-2210. DFS furnishes information to consumer reporting agencies. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your account agreement.
Payment Information
New Balance $1,372.30
Minimum Payment Due* $276.00
Payment Due Date August 04, 2022
*Includes Past Due Amount of $234.00
Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $40.
Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance.
For example:
<table>
<tr>
<th>If you make no additional charges using this card and each month you pay...</th>
<th>You will pay off the balance shown on this statement in about...</th>
<th>And you will end up paying an estimated total of...</th>
</tr>
<tr>
<td>Only the minimum payment</td>
<td>16 Years</td>
<td>$4,902.24</td>
</tr>
<tr>
<td></td>
<td>3 Years</td>
<td>$2,076.48<br>(Savings = $2,825.76)</td>
</tr>
<tr>
<td>$57.68</td>
<td></td>
<td></td>
</tr>
</table>
If you would like more information about credit counseling services, call (800) 283-2210 or go to http://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
Summary of Account Activity
<table>
<tr>
<th>Summary of Account Activity</th>
<th></th>
</tr>
<tr>
<td>Previous Balance</td>
<td>$300.85</td>
</tr>
<tr>
<td>Payments</td>
<td>$0.00</td>
</tr>
<tr>
<td>Other Credits</td>
<td>$0.00</td>
</tr>
<tr>
<td>Purchases</td>
<td>$0.00</td>
</tr>
<tr>
<td>Other Debits</td>
<td>$0.00</td>
</tr>
<tr>
<td>Fees Charged</td>
<td>$40.00</td>
</tr>
<tr>
<td>Interest Charged</td>
<td>$31.45</td>
</tr>
<tr>
<td>New Balance</td>
<td>$1,372.30</td>
</tr>
<tr>
<td>Past Due Amount</td>
<td>$234.00</td>
</tr>
<tr>
<td>Credit Limit</td>
<td>$2,500.00</td>
</tr>
<tr>
<td>Available Credit</td>
<td>$0.00</td>
</tr>
<tr>
<td>Days in Billing Cycle</td>
<td>30</td>
</tr>
<tr>
<td>Statement Closing Date</td>
<td>July 09, 2022</td>
</tr>
</table>
Please fill in the "Amount Enclosed" and return the payment coupon with your check in the enclosed return envelope. Do not staple, paper clip, fold, or face the contents.
Want to pay now?
Visit DFS.Dell.com to make your payment online. Go paperless. Visit www.Dell.com/GoPaperless to learn more.
Account #:
New Balance: $1,372.30
Minimum Payment Due: $276.00
Payment Due Date: August 04, 2022
Amount Enclosed: $
Please make your check payable to Dell Preferred Account. Include your 19 digit account number on your check or money order. Ensure the "Amount Enclosed" written on the bottom equals the check amount.
EMMALINE CLARK
608 W FREDERICKSBURG ST.
BROKEN ARROW OK 74011
DELL PREFERRED ACCOUNT
PAYMENT PROCESSING CENTER
P.O. BOX 6403
CAROL STREAM IL 60197-6403
WHAT TO DO IF YOU THINK THERE IS AN ERROR ON YOUR STATEMENT
If you think there is an error on your statement, write to us at Billing Inquiry Department, Dell Preferred Account, P.O. Box 81585, Austin, TX 78708-1585, and provide us with the following information: (1) Account Information Your name and account number, (2) Dollar amount The dollar amount of the suspected error, (3) Description of Problem Please 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 we are not required to investigate any potential errors and we may have to pay the amount in question.
While we investigate your claim, the following are true: (1) We cannot try to collect the amount in question or report you as delinquent for that amount, (2) 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; (3) While you do not have to pay the amount in question you are responsible for the remainder of your balance. (4) We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Purchase(s)
If you are dissatisfied with the goods or services that you have purchased with your Dell Preferred Account 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 current mailing address and the purchase price must have been more than $50. Please Note (Neither of these is necessary if you purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services if you purchased it directly from us); (2) You must have used your Dell Preferred Account for the purchase; (3) You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at WebBank etc. Billing Inquiry Department, Dell Preferred Account, P.O. Box 81585, Austin, TX 78708-1585
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.
Street
City
State
Zip Code
Telephone
Fax Telephone
Email Address
Dell Financial Services
Dell Preferred Account
Account Number [REDACTED] 5313
For the billing period ending July 09, 2022
Transaction Detail
<table>
<tr>
<th>Reference Number</th>
<th>Trans Date</th>
<th>Post Date</th>
<th>Description of Transaction or Credit</th>
<th>Amount</th>
</tr>
<tr>
<td colspan="4">INTEREST CHARGE RATE CHANGED TODAY</td>
<td>$0.00</td>
</tr>
<tr>
<th colspan="5">Fees</th>
</tr>
<tr>
<td>07-04-22</td>
<td>07-04-22</td>
<td>LATE CHARGE ASSESSMENT</td>
<td>$40.00</td>
</tr>
<tr>
<td colspan="4">TOTAL FEES FOR THIS PERIOD</td>
<td>$40.00</td>
</tr>
<tr>
<th colspan="5">Interest Charged</th>
</tr>
<tr>
<td>07-08-22</td>
<td>07-08-22</td>
<td>BILLED INTEREST CHARGES ON PURCHASE</td>
<td>$31.45</td>
</tr>
<tr>
<td colspan="4">TOTAL INTEREST FOR THIS PERIOD</td>
<td>$31.45</td>
</tr>
<tr>
<th colspan="5">2022 Totals Year-to-Date</th>
</tr>
<tr>
<td colspan="4">Total fees charged 2022</td>
<td>$268.00</td>
</tr>
<tr>
<td colspan="4">Total interest charged 2022</td>
<td>$185.22</td>
</tr>
</table>
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account. Your APR for purchases is 29.99%(v)
<table>
<tr>
<th>Plan Type</th>
<th>Promotion Expiration Date</th>
<th>Balance Subject to Interest Rate</th>
<th>Daily Periodic Rate</th>
<th>Annual Percentage Rate (APR)</th>
<th>Interest Charges</th>
<th>Promotion Plan Deferred Interest Charges</th>
<th>New Plan Balance</th>
<th>Deferred Interest Balance</th>
<th>Minimum Amount Due Per Plan</th>
</tr>
<tr>
<td>REGULAR PLAN</td>
<td></td>
<td>$1,308.85</td>
<td>0.08010%</td>
<td>29.24% (v)</td>
<td>$31.45</td>
<td>$0.00</td>
<td>$1,372.30</td>
<td>$0.00</td>
<td>$2.00</td>
</tr>
</table>
(v) = Variable Rate
PLEASE NOTE: To avoid additional interest charges, please pay the new balance by the payment due date.
AVAILABILITY
You can find product availability information at http://www.dell.com/availability. Availability is subject to change without notice.
OPERATING SYSTEM SUPPORT
Microsoft Windows 7 Professional; Microsoft Windows Vista Business; Microsoft Windows XP Professional
ALANJIE COMPLIATION METHODS
Microsoft Office 2010, 2003, 2007; Adobe Reader 9; Adobe Photoshop CS5; Adobe Illustrator CS5; Adobe InDesign CS5; Adobe Acrobat Pro DTP 9; Adobe InCopy CS5; Adobe Premiere Pro CS5; Adobe After Effects CS5; Adobe Audition CS5; Adobe Bridge CS5; Adobe Lightroom 3; Adobe Flash CS5; Adobe Encore CS5; Adobe Audition CS4; Adobe Encore CS4; Adobe Bridge CS4; Adobe Encore DVD 5; Adobe Audition CS3; Adobe Encore CS3; Adobe Bridge CS3; Adobe Encore CS3; Adobe Audition CS2; Adobe Encore CS2; Adobe Bridge CS2; Adobe Encore CS2
HYPERLINK TO EMAIL
Contact us:
[email protected]
HYPERLINK TO WEBSITE
Dell.com/DellSupport; Dell.com/DellSupport; Dell.com; Dell.com/SUPPORT; Dell.com
HYPERLINK TO SOCIAL MEDIA
FACEBOOK; FACEBOOK; TWITTER; TWITTER
EXHIBIT 2
BILL OF SALE
FOR VALUE RECEIVED, and pursuant to the terms and conditions of the Account Purchase Agreement ("Account Purchase Agreement") among WebBank ("Bank"), Dell Revolver Company L.P. ("Revolver"), and Dell Financial Services L.L.C. ("DFS"), dated January 31, 2014, Bank does hereby sell, assign and convey to DFS as Designee for Revolver, its successors and assigns, as of the charge off date thereof, title and interest of Bank in and to those certain accounts described in Schedule 1 attached hereto and made a part hereof for all purposes. Terms used herein shall have the meanings set forth in the Account Purchase Agreement.
This BILL OF SALE is executed without recourse and without representation of any warranty of collectability or otherwise, expressed or implied, except as may be specifically provided in the Program Documents.
Dated this 22nd day of August 2023.
WEBBANK
By:
Name: Jim Jackson
Title: SVP Strategic Partner Oversight
Schedule 1
to
Bill of Sale dated August 22, 2023
Accounts specifically identified in the following file: Dell_DPA_Sale_File_08292023_Final
BILL OF SALE
FOR VALUE RECEIVED, and pursuant to the terms and conditions of the Master Account Purchase Agreement between Dell Financial Services L.L.C. ("Seller") and Resurgent Acquisitions LLC ("Purchaser"), dated as of August 19, 2023 ("Effective Date"), and incorporated herein by reference, Seller does hereby sell, assign, transfer, deliver and convey to Purchaser, and its successors and assigns all rights, title and interests of Seller in and to those certain Purchased Accounts described in Exhibit A-1 attached hereto and made a part hereof for all purposes.
For purposes of this Bill of Sale the File Creation Date shall be June 5, 2023. Unless otherwise defined herein, all capitalized terms appearing in this Bill of Sale shall have the meanings defined for such terms in the Agreement.
To the best of Seller’s knowledge and belief, all of the information contained in the Purchased Accounts File, and Seller’s Purchased Accounts Information, is and shall be true, complete, accurate and not misleading in any material respect. Further, all of the information contained in Seller’s Purchased Accounts Information (a) constitutes Seller’s own business records regarding the Purchased Accounts; and (b) accurately reflects in all material respects the information about the Purchased Accounts in Seller’s possession. All of Seller’s Purchased Accounts Information has been kept in the regular course of Seller’s business, and was made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained in Seller’s business records, or (ii) who caused the data to be entered into and maintained in Seller’s business records. It is the regular practice of Seller’s business to maintain and compile such data.
This BILL OF SALE is executed without recourse and without any representation or any warranty of collectability or otherwise, expressed or implied, except as provided in the Account Purchase Agreement.
EXECUTED this 29th day of August, 2023
SELLER:
DELL FINANCIAL SERVICES L.L.C.
By: Stephen J. Snyder (Aug 28, 2023 09:38 CDT)
Print
Name: Stephen J. Snyder
Title: Senior Consultant, Transactional Collections
PURCHASER:
RESURGENT ACQUISITIONS L.L.C.
By:
Print
Name: Jon Mazzoli
Print
Title: Vice President
EXHIBIT A-1
TO
BILL OF SALE
The Purchased Accounts are the Charged-Off Accounts that are included in the electronic file named DPA_Sale_File_08292023_Final.xls dated June 5, 2023 and incorporated herein by reference, which is defined in the Agreement as the Purchased Accounts File.
These Purchased Accounts were sold, assigned, transferred, delivered, and conveyed from WebBank ("Bank") to Dell Financial Services L.L.C. ("Seller") as described in the specific Bill of Sale dated August 22, 2023.
Transfer and Assignment
Resurgent Acquisitions LLC ("RALLC"), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("LVNV") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated June 05, 2023 delivered by Dell Financial Services on August 29, 2023 for purchase by RALLC on August 29, 2023. The transfer of the Assets included electronically stored business records.
Dated: August 29, 2023 Resurgent Acquisitions LLC
a Delaware Limited Liability Company
By:
Name: Jackson Walker
Title: Authorized Representative
Dated: August 29, 2023 LVNV Funding LLC
a Delaware Limited Liability Company
By:
Name: Daniel Picciano
Title: Authorized Representative
Exhibit A
Receivables File
08.29.23 20230816_DPA_debt_sale_updated
Transfer Group Portfolio Transfer Batch
948442 42317 N/A
ACCOUNT SUMMARY REPORT
9/19/2024 2:21:42 PM
This account summary has been prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. It is not a credit card or other account statement from the original creditor.
<table border="1">
<tr>
<th>Borrower Information</th>
<th>Current Account Information</th>
</tr>
<tr>
<td>Name: EMMALINE CLARK<br>Address: 608 W Fredericksburg St<br>City: Broken Arrow<br>State: OK<br>Zip Code: 74011-6405</td>
<td>Owner: LVNV Funding LLC<br>Resurgent Reference #: 770455711<br>Original Creditor: WebBank<br>Account Number: XXXXXXXXXXXXXXXX5313<br>Merchant: Dell<br>Current Balance Due: $1183.55<br>Date of Last Payment: 05/23/2024</td>
</tr>
</table>
<table border="1">
<tr>
<th colspan="3">Recent Payment Transactions</th>
</tr>
<tr>
<th>Transaction Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td>12/29/2023</td>
<td>Web Initiated Card Pmt</td>
<td>$81.19</td>
</tr>
<tr>
<td>02/23/2024</td>
<td>Web Initiated Card Pmt</td>
<td>$26.89</td>
</tr>
<tr>
<td>03/23/2024</td>
<td>Web Initiated Card Pmt</td>
<td>$26.89</td>
</tr>
<tr>
<td>04/23/2024</td>
<td>Web Initiated Card Pmt</td>
<td>$26.89</td>
</tr>
<tr>
<td>05/23/2024</td>
<td>Web Initiated Card Pmt</td>
<td>$26.89</td>
</tr>
<tr>
<td colspan="2">Total Paid:</td>
<td>$188.75</td>
</tr>
</table>
<table border="1">
<tr>
<th colspan="3">Historical Account Information</th>
</tr>
<tr>
<td>The original creditor for this account was:</td>
<td colspan="2">WebBank<br>215 South State Street Suite 800<br>Salt Lake City, UT 84111</td>
</tr>
<tr>
<td>The origination date with original creditor was:</td>
<td>08/26/2019</td>
<td></td>
</tr>
<tr>
<td>The account charge-off date was:</td>
<td>07/11/2022</td>
<td></td>
</tr>
<tr>
<td>The account charge-off amount was:</td>
<td>$1,372.30</td>
<td></td>
</tr>
<tr>
<td>The account was acquired on or about:</td>
<td>08/29/2023</td>
<td></td>
</tr>
<tr>
<td>The account balance at time of acquisition:</td>
<td colspan="2">$1,372.30</td>
</tr>
</table>
This communication is from a debt collector and this is an attempt to collect a dept. Any information obtained will be used for that purpose.