IN THE DISTRICT COURT OF GRADY COUNTY
STATE OF OKLAHOMA
Portfolio Recovery Associates, LLC,
Plaintiff,
vs.
Lindsey Brewer,
Defendant.
PETITION FOR INDEBTEDNESS
COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against the defendants alleges and states as follows:
1. SYNCHRONY FINANCIAL, provided credit to the defendant on account number XXXXXXXXXXXX9903. The Defendant defaulted on the obligation. The account has been assigned to Plaintiff.
2. Defendant owes Plaintiff $17,454.42. An Affidavit of Account and/or contract is attached hereto and incorporated by reference.
WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $17,454.42, plus all court costs, accrued and accruing; and for such other relief as the Court may deem just and proper.
William L. Nixon, Jr., #012804
Harley L. Homjak, #019736
Gracelyn Porras Dillingham, #35852
Jenifer A. Gani, #021876
Daniela Westfahl, #36242
Mariah S. Ellicott, #36309
Benjamin F. Brackett, #36580
LOVE, BEAL & NIXON, P.C.
Attorney for Plaintiff
P.O. Box 32738
Oklahoma City, OK 73123
Telephone: 405-720-0565
E-Mail:
[email protected]
February 7, 2025
Lindsey Brewer
859 County Road 1400
Chickasha, OK 73018-8119
RE: Account Number Ending: 9903
Dear Customer(s),
Notification of Assignment, Sale or Transfer of Your Credit Card Account
The purpose of this notice is to inform you that your Barclays Navyist Rewards Mastercard credit card account ending 9903 was sold to Portfolio Recovery Associates with a balance of $17,454.42. This account was charged off by Barclays Bank Delaware with the balance of $17,454.42 on 01/30/2024. This notice provides you with information on how to contact Portfolio Recovery Associates.
A Few Important Points
• Effective immediately, Barclays Bank Delaware no longer owns your account. Your account is now owned and managed by Portfolio Recovery Associates.
• Future communications will be from Portfolio Recovery Associates. Any questions, concerns, payments, or correspondence should be sent to Portfolio Recovery Associates, at the address below.
• Barclays Bank Delaware will send notifications to the consumer reporting agencies to reflect the transfer in ownership. Please allow up to 30 days for the consumer reporting agencies to process the change on your credit report.
If you have questions, listed below are the mailing address, toll-free number, and website of Portfolio Recovery Associates.
Mail your payments or correspondence to:
Portfolio Recovery Associates
P.O. Box 12914
Norfolk, VA 23541-1223
You can also reach Portfolio Recovery Associates toll free at 800-772-1413 or visit www.portfoliorecovery.com
Sincerely,
Barclays
NOTICE OF ASSIGNMENT, SALE, OR TRANSFER OF OWNERSHIP RIGHTS
You are hereby notified that the ownership and servicing of your credit card account, including the right to collect payments from you, has been assigned, sold or transferred from Seller to Portfolio Recovery Associates. Your previous account owner and servicer is Barclays Bank Delaware.
The business address for your new account owner and servicer is:
Portfolio Recovery Associates
P.O. Box 12914
Norfolk, VA 23541-1223
The payment address is:
Portfolio Recovery Associates
P.O. Box 12914
Norfolk, VA 23541-1223
The date your new account owner and servicer began accepting payments from you is January 31, 2025. Please begin sending all payments to your new owner and servicer. The date that your previous account owner and servicer stopped accepting payments from you is January 30, 2025.
The telephone number of your new account owner and servicer is 800-772-1413.
The website of your new account owner and servicer is www.portfoliorecovery.com.
If you have any questions for your new account owner and servicer, or to make payment arrangements, call Portfolio Recovery Associates, customer service toll free at 800-772-1413.
Navyist Rewards Mastercard® Statement
Account Ending 9903 | Statement Period 12/25/23 - 01/24/24 Page 1 of 5
Account Activity
<table>
<tr><th>Previous Balance as of 12/25/23</th><td>$16,975.34</td></tr>
<tr><th>Payments</th><td>- $0.00</td></tr>
<tr><th>Fees Charged</th><td>+ $41.00</td></tr>
<tr><th>Interest Charged</th><td>+ $438.08</td></tr>
<tr><th>Statement Balance as of 01/24/24 =</th><td>$17,454.42</td></tr>
<tr><th>Past Due</th><td>= $4,030.87</td></tr>
</table>
APR Details begin on page 3 in the Interest Charge Calculation section.
Transaction details begin on page 3.
Credit Line
<table>
<tr><th>Total Credit Line</th><td>$0.00</td></tr>
<tr><th>Includes $0.00 cash advance line</th><td></td></tr>
<tr><th>Available Credit Line as of 01/24/24</th><td>$0.00</td></tr>
<tr><th>Available for cash advances $0.00</th><td></td></tr>
<tr><th>Overlimit Amount</th><td>$2,154.42</td></tr>
</table>
Payment Information
<table>
<tr><th>Statement Balance:</th><td>$17,454.42</td></tr>
<tr><th>Minimum Payment Due:</th><td>$4,679.70</td></tr>
<tr><th>Payment Due Date:</th><td>02/21/24</td></tr>
</table>
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 $41.00.
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>27 years</td>
<td>$49,125.00</td>
</tr>
</table>
If you would like information about credit counseling services, please call 800-570-1392.
Repayment information based on activity and APRs on your account as of the closing date.
PAST DUE: Your account is Past Due. Payment of the past due amount of $4,030.87 is due immediately. This past due amount has been added to your minimum payment due.
OVERLIMIT: Your account is over the credit line. Payment of the amount over your credit line is due immediately to bring your account current.
SEE INSIDE: You may have additional important messages inside.
NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION
Payment Coupon Ways to pay: oldnavy.barclaysus.com Barclays Mobile App 866-621-0532 11:59 PM ET PAYMENT DUE BY PHONE & ONLINE
Statement Balance as of 01/24/24: (account ending 9903) $17,454.42
Minimum Payment Due: (includes $4,030.87 past due amount) $4,679.70
Payment Due Date: 02/21/24
Amount Enclosed: $__________
Make check payable to Barclays. Allow 7-10 days for USPS delivery.
Barclays
PO BOX 60517
CITY OF INDUSTRY CA 91716-0517
LINDSEY BREADER
859 COUNTY ROAD 1400
CHICKASHA OK 73018-8119
Important Information
Information About Credit Bureau Reporting: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Annual Fee. If your account has an annual fee, it will be billed each year. We will give you advance notice on your billing statement prior to the assessment of the annual fee. You may choose to call us at 866-621-0532 within 45 days of receiving such notice to discuss alternative products that may be available or to close your account so that the fee will not be billed. If your account is closed, any outstanding reward points or miles on your account may be forfeited at that time. Payment of the annual fee does not affect our ability to close your account and/or to limit your transactions.
Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is lost or stolen, please contact us immediately at 866-621-0532 at any time.
Payment Information: Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. Both the Minimum Payment Due and Payment Due Date are noted on your statement and on your homepage when you login to oldnavy.barclaysus.com. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us, however you cannot “pay ahead”. This means that if you pay more than the required Minimum Payment Due in any billing cycle or if you make more than one payment in a billing cycle, you will still need to pay the next month’s required Minimum Payment Due by your next Payment Due Date. Remember to make all checks payable to Barclays. Please allow 7 to 10 days for the U.S. Postal Service to deliver your payment to us. Upon our receipt, your available credit may not be increased by the payment amount for up to 7 days to ensure the funds from the bank on which your payment is drawn are collected and not returned. When you provide a check as payment on this Account, you authorize us to either use the information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. For inquiries, please call 866-621-0532.
Mailed Payments: A conforming payment received by us by 5:00 p.m. PT will be credited to your account the day of receipt. A “conforming payment” is a payment that: 1) is mailed with the payment coupon included with this statement or printed from oldnavy.barclaysus.com to Barclays, P.O. Box 60517, City of Industry, CA 91716-0517; and 2) is in the form of a single, non-folded check or money order made payable in U.S. dollars from a U.S. based institution. Any payment that does not meet these requirements, or any payment with multiple checks or money orders, additional correspondence, staples, paperclips, etc. will be considered a “non-conforming payment”, which may delay the crediting of the payment for up to 5 days.
Other Payment Options:
Web: Visit oldnavy.barclaysus.com to set up your payments.
Mobile: To download the Barclays US App, text MOBILE to 60956.
Phone: Call us at 866-621-0532 and we will process your payment.
All payments made via web, mobile app or pay by phone by 11:59 p.m. ET will be credited to your account that same day.
Overnight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to REMITCO, Card Services, Lock Box 60517, 2525 Corporate Park, Suite 250, Monterey Park, CA, 91754. A payment received at this address by 5 p.m. PT that otherwise meets the requirements of a conforming payment will be credited to your account that same day.
How We Will Calculate Interest. We use a method called “daily balance” (including new purchases). We calculate interest separately for each “Balance Subject to Interest Rate.” These include for example, Purchases at the current rate, Balance Transfers at the current rate, Cash Advances at the current rate, and different promotional balances. Your monthly billing statement shows each “Balance Subject to Interest Rate.”
To calculate interest, we first calculate a daily balance for each Balance Subject to Interest Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of the previous day. We add any interest calculated on the previous day’s balance. (This means interest is compounded daily.) We add any new Purchases, Balance Transfers or Cash Advances to the appropriate balance, subtract any new payments or credits from the appropriate balance, and make other adjustments. A credit balance is treated as a balance of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this for each day in the billing period. That gives us the daily interest. We add up all the daily interest for all of the daily balances to get the total interest for the billing period.
Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is at least 23 days after the close of each billing cycle. On Purchases, interest begins to accrue as of the transaction date. However, you can avoid paying interest if you pay your Purchases subject to interest (excluding Easy Pay Offers) plus any monthly Easy Pay Payment Amount in full by the Payment Due Date every month.
If you do not pay your Purchases subject to interest (excluding Easy Pay Offers) plus any monthly Easy Pay Payment Amount by the due date each month, you will pay interest on those purchases from the date they are posted to your account until the date you pay those Purchases in full. When those Purchases (excluding Easy Pay Offers) are paid in full, your next statement will include interest accrued from the first day of that statement period until the date your payment in full was received.
Purchases that are enrolled in an Easy Pay Offer will be charged interest in accordance with the plan as disclosed at enrollment.
If you have Purchase balances with a 0% promotional APR, you can avoid paying interest on those Purchase balances during the promotional period. (However, to avoid a late fee, pay at least your Minimum Payment Due.)
Change of address, name, phone, or email?
- Update this information by visiting our website on the back of your card.
- Telephone us by calling the number on the back of your card.
Please do not include any written communication in this space.
Navyist Rewards Mastercard® Statement
LINDSEY BREWER |Account Ending 9903 |Statement Period 12/25/23 - 01/24/24 Page 3 of 5
Transactions
<table>
<tr>
<th>Transaction Date</th>
<th>Posting Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td colspan="3">Payments</td>
<td></td>
</tr>
<tr>
<td colspan="3">No Payment Received</td>
<td>$0.00</td>
</tr>
<tr>
<td colspan="3">Total payments for this period</td>
<td>$0.00</td>
</tr>
<tr>
<td colspan="3">Purchase Activity for LINDSEY BREWER card ending 9903</td>
<td></td>
</tr>
<tr>
<td colspan="3">No Transaction Activity at This Time</td>
<td>$0.00</td>
</tr>
<tr>
<td colspan="3">Total purchase activity for this period</td>
<td>$0.00</td>
</tr>
</table>
To see activity after this statement period, visit oldnavy.barclaysus.com
Fees and Interest
<table>
<tr>
<th>Transaction Date</th>
<th>Posting Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td colspan="3">Fees Charged</td>
<td></td>
</tr>
<tr>
<td>Jan 21</td>
<td>Jan 21</td>
<td>Late Payment Fee</td>
<td>$41.00</td>
</tr>
<tr>
<td colspan="3">Total fees for this period</td>
<td>$41.00</td>
</tr>
<tr>
<td colspan="3">Interest Charged</td>
<td></td>
</tr>
<tr>
<td>Jan 24</td>
<td>Jan 24</td>
<td>Interest Charge On Purchases</td>
<td>$438.08</td>
</tr>
<tr>
<td colspan="3">Total interest for this period</td>
<td>$438.08</td>
</tr>
</table>
2024 Year-to-Date Totals
<table>
<tr>
<th></th>
<th></th>
<th></th>
</tr>
<tr>
<td>Total fees charged in 2024</td>
<td></td>
<td>$41.00</td>
</tr>
<tr>
<td>Total interest charged in 2024</td>
<td></td>
<td>$438.08</td>
</tr>
</table>
This Year-to-date summary reflects the Fees and Interest charged on billing statements with closing dates in 2024, and does not reflect any subsequent fee and/or interest adjustments.
Interest Charge Calculation
<table>
<tr>
<th>Type of Balance</th>
<th>Promotional Rate End Date</th>
<th>Balance Subject to Interest Rate</th>
<th>Annual Percentage Rate (APR)</th>
<th>Interest Charge</th>
</tr>
<tr>
<td>Purchases</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>Standard Purchases</td>
<td>-</td>
<td>$17,191.61</td>
<td>29.99%(v)</td>
<td>$438.08</td>
</tr>
<tr>
<td>Balance Transfers</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>Standard Balance Transfers/Checks</td>
<td>-</td>
<td>$0.00</td>
<td>29.99%(v)</td>
<td>$0.00</td>
</tr>
<tr>
<td>Cash Advances</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>Standard Cash Advance</td>
<td>-</td>
<td>$0.00</td>
<td>29.99%(v)</td>
<td>$0.00</td>
</tr>
<tr>
<td>Total</td>
<td></td>
<td></td>
<td></td>
<td>$438.08</td>
</tr>
</table>
(1) Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate that varies with the market based on the Prime Rate. See the "Important Information" section of this statement for more information about how we calculate interest.
If you have a 0% promotional APR offer(s) on your Account, you can avoid paying interest on Purchases subject to interest without paying your Statement Balance in full. If this applies to your Account, you will see a Paragraph entitled "Avoiding Interest on Purchases (Grace Period) (Excluding Easy Pay Promotional Balances") appearing directly below the Interest Charge Calculation section on the front of this Statement. This will show the amount you can pay by the Payment Due Date and still avoid interest charges on your Purchases subject to interest balance. This amount may differ from your Statement Balance. It may differ if you have certain promotional APR balances, and the nonpayment of these balances will not affect your grace period on Purchases, provided you pay all other balances on your account. (However, to avoid a late fee, pay at least your Minimum Payment Due.)
For Balance Transfers, interest will accrue from the transaction date which generally will be the day the payee accepts the Check. For Cash Advances, interest will accrue from the transaction date which generally will be the day you take the Cash Advance. Please note that purchases of Cash Equivalents, which include money orders, travelers checks, foreign currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances and do not have a grace period. See your Cardmember Agreement for more information.
Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a “Minimum Interest Charge” or “Minimum Charge.”
Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau report is inaccurate or incomplete, please contact the reporting agency directly or contact us at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name; your account number; the credit reporting agency where you received the bureau report; a description of the error; and why you believe it is an error. We will promptly investigate, notify you of our findings, and send an update to the credit bureaus if warranted within 30 days.
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Card Services
P.O. Box 8802
Wilmington, DE 19899-8802.
In your letter, give us the following information:
• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error, the following are true:
• We cannot try to collect the amount in question, or report you as delinquent on that amount.
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50.
(Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
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 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:
Card Services
P.O. Box 8802
Wilmington, DE 19899-8802.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
Please refer to your Cardmember Agreement for additional information about the terms of your Account.
©2024 Barclays Bank Delaware, member FDIC
Avoiding Interest on Purchases (Grace Period) (Excluding Easy Pay Promotional Balances):
If you have a 0% promotional APR on any of your Purchase balances (excluding Easy Pay), you can avoid paying interest on those balances during the applicable promotional period. However, pay at least your Minimum Payment Due to avoid a late fee.
If you do not carry a Purchase balance subject to interest (excluding Easy Pay) from month to month, you can avoid paying interest on your Purchases (excluding Easy Pay) by paying $17,454.42. To avoid interest, you must pay the amount indicated above in full.
If you carry a Purchase balance subject to interest (excluding Easy Pay) from month to month, interest will accrue from the date the purchase is made until the date it is paid in full. The amount shown above does not include any interest that may have accrued since your statement period end date. Barclays may choose not to assess interest that accrued since your last statement period end date if it is below a certain amount.
NAVIST REWARDS
LINDSEY BREWER
Navyist Rewards Mastercard® Statement
Account Ending 9903 | Statement Period 05/25/23 - 06/24/23 Page 1 of 5
Account Activity
<table><tr><th>Previous Balance as of 05/25/23</th><td>$15,039.51</td></tr><tr><th>Payments - Thank You</th><td>- $1,080.54</td></tr><tr><th>Fees Charged</th><td>+ $0.00</td></tr><tr><th>Interest Charged</th><td>+ $370.10</td></tr><tr><th>Statement Balance as of 06/24/23 =</th><td>$14,329.07</td></tr></table>
APR Details begin on page 3 in the Interest Charge Calculation section.
Transaction details begin on page 3.
Credit Line
<table><tr><th>Total Credit Line</th><td>$15,300.00</td></tr><tr><th>Includes $3,060.00 cash advance line</th><td></td></tr><tr><th>Available Credit Line as of 06/24/23</th><td>$970.93</td></tr><tr><th>Available for cash advances $970.93</th><td></td></tr></table>
Payment Information
Statement Balance: $14,329.07
Minimum Payment Due: $509.68
Payment Due Date: 07/21/23
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 $41.00.
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>28 years</td><td>$48,600.00</td></tr><tr><td>$608.00</td><td>3 years</td><td>$21,888.00<br>(Savings = $26,712.00)</td></tr></table>
If you would like information about credit counseling services, please call 800-570-1392.
Repayment information based on activity and APRs on your account as of the closing date.
SEE INSIDE: You may have additional important messages inside.
NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION
Payment Coupon Ways to pay: oldnavy.barclaysus.com Barclays Mobile App 866-621-0532 11:59 PM ET PAYMENT DUE BY PHONE & ONLINE
Statement Balance as of 06/24/23: (account ending 9903) $14,329.07
Minimum Payment Due: $509.68
Payment Due Date: 07/21/23
Amount Enclosed: $________
Make check payable to Barclays. Allow 7-10 days for USPS delivery.
Barclays
PO BOX 60517
CITY OF INDUSTRY CA 91716-0517
LINDSEY BREWER
859 COUNTY ROAD 1400
CHICKASHA OK 73018-8119
[x] Check for address, email and phone changes. Complete form on the back.
Important Information
Information About Credit Bureau Reporting: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Annual Fee. If your account has an annual fee, it will be billed each year. We will give you advance notice on your billing statement prior to the assessment of the annual fee. You may choose to call us at 866-621-0532 within 45 days of receiving such notice to discuss alternative products that may be available or to close your account so that the fee will not be billed. If your account is closed, any outstanding reward points or miles on your account may be forfeited at that time. Payment of the annual fee does not affect our ability to close your account and/or to limit your transactions.
Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is lost or stolen, please contact us immediately at 866-621-0532 at any time.
Payment Information: Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. Both the Minimum Payment Due and Payment Due Date are noted on your statement and on your home page when you login to oldnavy.barclaysus.com. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us, however you cannot "pay ahead". This means that if you pay more than the required Minimum Payment Due in any billing cycle or if you make more than one payment in a billing cycle, you will still need to pay the next month's required Minimum Payment Due by your next Payment Due Date. Remember to make all checks payable to Barclays. Please allow 7 to 10 days for the U.S. Postal Service to deliver your payment to us. Upon our receipt, your available credit may not be increased by the payment amount for up to 7 days to ensure the funds from the bank on which your payment is drawn are collected and not returned. When you provide a check as payment on this Account, you authorize us to either use the information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. For inquiries, please call 866-621-0532.
Mailed Payments: A conforming payment received by us by 5:00 p.m. PT will be credited to your account the day of receipt. A "conforming payment" is a payment that: 1) is mailed with the payment coupon included with this statement or printed from oldnavy.barclaysus.com to Barclays, P.O. Box 60517, City of Industry, CA 91716-0517; and 2) is in the form of a single, non-folded check or money order made payable in U.S. dollars from a U.S. based institution. Any payment that does not meet these requirements, or any payment with multiple checks or money orders, additional correspondence, staples, paperclips, etc. will be considered a "non-conforming payment", which may delay the crediting of the payment for up to 5 days.
Other Payment Options:
Web: Visit oldnavy.barclaysus.com to set up your payments.
Mobile: To download the Barclays Mobile App, text MOBILE to 60956.*
Phone: Call us at 866-621-0532 and we will process your payment.
All payments made via web, mobile app or pay by phone by 11:59 p.m. ET will be credited to your account that same day.
*Message and data rates may apply based on your mobile carrier.
Overnight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to REMITCO, Card Services, Lock Box 60517, 2525 Corporate Park, Suite 250, Monterey Park, CA, 91754. A payment received at this address by 5 p.m. PT that otherwise meets the requirements of a conforming payment will be credited to your account that same day.
How We Will Calculate Interest. We use a method called "daily balance" (including new purchases). We calculate interest separately for each "Balance Subject to Interest Rate." These include for example, Purchases at the current rate, Balance Transfers at the current rate, Cash Advances at the current rate, and different promotional balances. Your monthly billing statement shows each "Balance Subject to Interest Rate."
To calculate interest, we first calculate a daily balance for each Balance Subject to Interest Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of the previous day. We add any interest calculated on the previous day's balance. (This means interest is compounded daily). We add any new Purchases, Balance Transfers or Cash Advances to the appropriate balance, subtract any new payments or credits from the appropriate balance, and make other adjustments. A credit balance is treated as a balance of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this for each day in the billing period. That gives us the daily interest. We add up all the daily interest for all of the daily balances to get the total interest for the billing period.
Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is at least 23 days after the close of each billing cycle. On Purchases, interest begins to accrue as of the transaction date. However, you can avoid paying interest if you pay your Purchases subject to interest (excluding Easy Pay Offers) plus any monthly Easy Pay Payment Amount in full by the Payment Due Date every month.
If you do not pay your Purchases subject to interest (excluding Easy Pay Offers) plus any monthly Easy Pay Payment Amount by the due date each month, you will pay interest on those purchases from the date they are posted to your account until the date you pay those Purchases in full. When those Purchases (excluding Easy Pay Offers) are paid in full, your next statement will include interest accrued from the first day of that statement period until the date your payment in full was received.
Purchases that are enrolled in an Easy Pay Offer will be charged interest in accordance with the plan as disclosed at enrollment.
If you have Purchase balances with a 0% promotional APR, you can avoid paying interest on
<table>
<tr>
<th colspan="4">Make Changes to your contact information below</th>
</tr>
<tr>
<th>Name</th><td colspan="3"></td>
</tr>
<tr>
<th>Address</th><td colspan="3"></td>
</tr>
<tr>
<th>City</th><th>State</th><th>Zip</th><td></td>
</tr>
<tr>
<th>Home Phone</th><th>Work Phone</th><td colspan="2"></td>
</tr>
<tr>
<th>Email Address</th><td colspan="3"></td>
</tr>
</table>
Navyist Rewards Mastercard® Statement
LINDSEY BREWER | Account Ending 9903 | Statement Period 05/25/23 - 06/24/23 Page 3 of 5
Transactions
<table>
<tr>
<th>Transaction Date</th>
<th>Posting Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td colspan="3">Payments</td>
<td></td>
</tr>
<tr>
<td>Jun 05</td>
<td>Jun 06</td>
<td>Payment Received FIRST NATIONA</td>
<td>-$1,080.54</td>
</tr>
<tr>
<td colspan="3">Total payments for this period</td>
<td>-$1,080.54</td>
</tr>
<tr>
<td colspan="3">Purchase Activity for LINDSEY BREWER card ending 9903</td>
<td></td>
</tr>
<tr>
<td colspan="2"></td>
<td>No Transaction Activity at This Time</td>
<td>$0.00</td>
</tr>
<tr>
<td colspan="3">Total purchase activity for this period</td>
<td>$0.00</td>
</tr>
</table>
To see activity after this statement period, visit oldnavy.barclaysus.com
Fees and Interest
<table>
<tr>
<th>Transaction Date</th>
<th>Posting Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td colspan="3">Fees Charged</td>
<td></td>
</tr>
<tr>
<td colspan="2"></td>
<td>No fees charged for this period</td>
<td>$0.00</td>
</tr>
<tr>
<td colspan="3">Total fees for this period</td>
<td>$0.00</td>
</tr>
<tr>
<td colspan="3">Interest Charged</td>
<td></td>
</tr>
<tr>
<td>Jun 24</td>
<td>Jun 24</td>
<td>Interest Charge On Purchases</td>
<td>$370.10</td>
</tr>
<tr>
<td colspan="3">Total interest for this period</td>
<td>$370.10</td>
</tr>
</table>
2023 Year-to-Date Totals
<table>
<tr>
<th>Total fees charged in 2023</th>
<td>$112.00</td>
</tr>
<tr>
<th>Total interest charged in 2023</th>
<td>$2,201.84</td>
</tr>
</table>
*This Year-to-date summary reflects the Fees and Interest charged on billing statements with closing dates in 2023, and does not reflect any subsequent fee and/or interest adjustments.
Interest Charge Calculation
<table>
<tr>
<th>Type of Balance</th>
<th>Promotional Rate End Date</th>
<th>Balance Subject to Interest Rate</th>
<th>Annual Percentage Rate (APR)</th>
<th>Interest Charge</th>
</tr>
<tr>
<td>Purchases</td>
<td>-</td>
<td>$14,523.83</td>
<td>29.99%(v)</td>
<td>$370.10</td>
</tr>
<tr>
<td>Balance Transfers</td>
<td>-</td>
<td>$0.00</td>
<td>29.99%(v)</td>
<td>$0.00</td>
</tr>
<tr>
<td>Cash Advances</td>
<td>-</td>
<td>$0.00</td>
<td>29.99%(v)</td>
<td>$0.00</td>
</tr>
<tr>
<td>Total</td>
<td></td>
<td></td>
<td></td>
<td>$370.10</td>
</tr>
</table>
(1) Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate that varies with the market based on the Prime Rate. See the "Important Information" section of this statement for more information about how we calculate interest.
those Purchase balances during the promotional period. (However, to avoid a late fee, pay at least your Minimum Payment Due.)
If you have a 0% promotional APR offer(s) on your Account, you can avoid paying interest on Purchases subject to interest without paying your Statement Balance in full. If this applies to your Account, you will see a Paragraph entitled "Avoiding Interest on Purchases (Grace Period) (Excluding Easy Pay Promotional Balances") appearing directly below the Interest Charge Calculation section on the front of this Statement. This will show the amount you can pay by the Payment Due Date and still avoid interest charges on your Purchases subject to interest balance. This amount may differ from your Statement Balance. It may differ if you have certain promotional APR balances, and the nonpayment of these balances will not affect your grace period on Purchases, provided you pay all other balances on your account. (However, to avoid a late fee, pay at least your Minimum Payment Due.)
For Balance Transfers, interest will accrue from the transaction date which generally will be the day the payee accepts the Check. For Cash Advances, interest will accrue from the transaction date which generally will be the day you take the Cash Advance. Please note that purchases of Cash Equivalents, which include money orders, travelers checks, foreign currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances and do not have a grace period. See your Cardmember Agreement for more information.
Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a "Minimum Interest Charge" or "Minimum Charge."
Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau report is inaccurate or incomplete, please contact the reporting agency directly or contact us at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name; your account number; the credit reporting agency where you received the bureau report; a description of the error; and why you believe it is an error. We will promptly investigate, notify you of our findings, and send an update to the credit bureaus if warranted within 30 days.
What To Do if You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Card Services
P.O. Box 8802
Wilmington, DE 19899-8802.
In your letter, give us the following information:
• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error, the following are true:
• We cannot try to collect the amount in question, or report you as delinquent on that amount.
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
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 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:
Card Services
P.O. Box 8802
Wilmington, DE 19899-8802.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
Please refer to your Cardmember Agreement for additional information about the terms of your Account.
©2023 Barclays Bank Delaware, member FDIC
Navyist Rewards Mastercard® Statement
LINDSEY BREWER | Account Ending 9903 | Statement Period 05/25/23 - 06/24/23
Avoiding Interest on Purchases (Grace Period) (Excluding Easy Pay Promotional Balances):
If you have a 0% promotional APR on any of your Purchase balances (excluding Easy Pay), you can avoid paying interest on those balances during the applicable promotional period. However, pay at least your Minimum Payment Due to avoid a late fee.
If you do not carry a Purchase balance subject to interest (excluding Easy Pay) from month to month, you can avoid paying interest on your Purchases (excluding Easy Pay) by paying $14,329.07. To avoid interest, you must pay the amount indicated above in full.
If you carry a Purchase balance subject to interest (excluding Easy Pay) from month to month, interest will accrue from the date the purchase is made until the date it is paid in full. The amount shown above does not include any interest that may have accrued since your statement period end date. Barclays may choose not to assess interest that accrued since your last statement period end date if it is below a certain amount.
on www.barclayscardus.com. If you are dissatisfied with our products or services and would like to submit a complaint, you can do so by either writing us at Card Services, P.O. Box 8601, Wilmington, DE 19899-8601, or calling us at 1-866-232-0780 (ADA/Accessibility Service). Please use Relay Service 711.
ARBITRATION
THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU IF YOU ARE SUBJECT TO THE PROTECTIONS OF THE MILITARY LENDING ACT.
This arbitration provision provides for binding arbitration of all Claims by either you or us against the other if either you or we choose to pursue Claim to arbitration. The terms "you", "we", and "us" are defined below for purposes of this arbitration provision: A "Claim" covered by this provision is any claim, dispute or controversy by either you or us against the other, arising from or relating in any way to this Agreement, your Account, any transaction or activity on your Account, our relationship, products or services provided hereunder, or anything in connection with this Agreement or your Account or purchases with your Card from The Gap Inc. (including any of its subsidiary brands), including breach of contract cases, disputes or controversies (including tort claims but (including intentional torts)), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement). All issues shall be for the arbitrator to decide except issues related to the scope or enforceability of this arbitration provision and the identity or status of the parties to this Agreement. For purposes of this arbitration provision, "you" includes yourself, any authorized user on your Account, and any of your agents, beneficiaries or assigns, or anyone acting on behalf of the foregoing; and "we" or "us" excludes our employees, parents, subsidiaries, affiliates, benefit plan administrators, but is limited to The Gap Inc., including any of its subsidiary brands), and to the extent reduced in a proceeding in which Barclays Inc. is a party, Barclays Bank Delaware. By signing this Agreement, we acknowledge and agree that The Gap Inc. (including its subsidiary brands) is an intended third-party beneficiary of this Arbitration Agreement and may enforce it.
In arbitration, a neutral arbitrator—not a judge or jury—decides whether to award relief. Procedures are also simpler in arbitration than in court. For example, discovery is more limited. Review of the arbitrator's decision by appeal is also limited (as described below in this arbitration provision). You and we agree that all Claims must be arbitrated on an individual basis between you and us, and not on a class, representative, or any other kind of collective basis. As a result, class actions and other representative or collective actions are not available to you in respect of any Claim, even when Claims arising from the same Account, or claims may be joined together in the arbitration. The arbitrator shall have the power to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceedings.
TO BE CLEAR, ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT PROCEDURES, INCLUDING RIGHTS TO TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
If any Claim as advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be lost just because a court proceeding has commenced. That is, after you notify, you or we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, the Probate Court in your home jurisdiction, or against The Gap Inc. (including any of its subsidiary brands) then in small claims court in California or the equivalent court in your home jurisdiction, provided that the action is therein in that court, is made on behalf of or against you and you are not made part of or a class represented by another person, or that the opposing party prevails. We will agree upon a neutral arbitrator and you agree to refer any action to such small claims courts (i.e., Justice of the Peace Court in Delaware, and/or the equivalent court in California, or the equivalent court in your home jurisdiction), provided that the opposing party receives the request within forty-five days of the date of commencement of arbitration. Any arbitration proceeding shall be stayed pending determinations by the small claims court, including any subsequent judicial action in the case.
The arbitration shall be administered by the American Arbitration Association, www.adr.org, 950 Warren Avenue, East Providence, Rhode Island, 02914, 1-866-293-4055 (“the Administrator”). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The arbitration hearing may be conducted in person, by telephone, or based on documents, as appropriate. The Administrator will set the rules and procedures in effect and applicable to the arbitration proceedings in which the Claim is to be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The arbitrator shall adopt the substantive law of the relevant jurisdiction as applicable law.
If you commence arbitration, you must provide us the notice required by the Administrator’s rules and procedures. The notice may be sent to our Barclays Bank Delaware, P.O. Box 8601, Wilmington, DE 19899-8601, or to The Gap Inc. (including any of its subsidiary brands) to The Gap Inc. Legal Department, 2 Folsom St., San Francisco, CA 94105. If we commence arbitration, we will provide you notice at your last known billing address. Any in-person arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your Billing address at the time the Claim is filed. The arbitration agreement is made for the transactions that are reflected in the Claims that are referenced in this arbitration provision. See §§ 1-10, No class actions, joinder or consolidation of any Claim with any other person or entity shall be allowable in arbitration without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court of competent jurisdiction and any such resolution of a Claim shall proceed on a class basis.
A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within 30 days of the date of the issuance of the arbitrator’s award. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator was partial or biased or that a substantial question exists regarding the merits of the determination of fact that is clearly erroneous. As further specified in the Appellate Rules, the Appellate arbitrator will be appointed for any fees paid to the Administrator in connection with the arbitration proceedings. Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration. If you are required to advance any fees or costs in the arbitration proceeding, we will notify you of such fees or costs and you may pay them to our request.
This arbitration agreement applies to all Claims that exist now or may arise in the future, and it survives the assignment or termination of the Cardmember Agreement and the Account relationship, including your payment in full, bankruptcy filing or obtaining a discharge in bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use or advancement of any claims, defenses, or offsets in bankruptcy or reorganization, whether judicial foreclosure or any other proceeding. There is no requirement to report the proceeds to the card issuer or security holder for contracts held now or heretofore owed by either party to the other under this Agreement.
1 The subsidiary brands of The Gap Inc., as of the time of this agreement are Athleta LLC, Athleta Inc., GPS Consumer Direct, Inc., G.o.p. (Puerto Rico) Inc., Banana Republic, LLC, Old Navy, LLC
YOUR BILLING RIGHTS
Your Billing Rights: Keep This Document for Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Card Services
P.O. Box 8602
Wilmington, DE 19899-8602
In your letter, give us the following information:
• Account Information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
• Within 60 days after the error appeared on your statement.
• At least 5 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
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.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain why we believe the bill is correct.
While we investigate whether or not there has been an error:
• The charge in question may remain on your statement, but interest will stop charging on the amount while we investigate the error.
• The charge in question will be removed from your statement while we investigate if we determine that it was an error.
After we finish our investigation, one of two things will happen:
• If we made a mistake: You will not have to pay the amount in question or any interest or fees related to that amount.
• If we did not make a mistake: You may still have a right to dispute the amount, but:
You must send your request for additional information to us within 60 days after we provide it to you.
We will tell you about any change that we make. If we change the terms of this Account (other than a change in a payment due date), you are entitled to a new Bill Rate Notice.
If you do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Neither of these are necessary if your purchase was based on an advertisement we made or if you are making a payment toward the cost of 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 must not yet have fully paid for the purchase.
4. If all the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Card Services
P.O. Box 8602
Wilmington, DE 19899-8602
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.
Important Information About Your Gap Credit Card from Barclays Credit Card Account
Your Cardmember Agreement With Us
Your Billing Rights
Retain for your records
Communications are generally available only in English unless otherwise specifically noted.
Spanish-speaking customer service is available.
CARDMEMBER AGREEMENT
Introduction.
This Agreement establishes the terms of your credit card account ("Account") with Barclays Bank Delaware in Wilmington. Please read it carefully and keep it with your records. You do not need to sign this Agreement, but please sign the back of your credit card ("Card") if you have not already done so. All extensions of credit in connection with your Account are being made by Barclays Bank Delaware.
Using Your Account/Acceptance of These Terms.
You do not need to accept the Account and this Agreement and none of the fees on this Account (except as otherwise provided hereafter) will apply unless you use the Account. If your Account has an Annual Fee (see the Account Summary Table to determine if your Account has an Annual Fee) and provided that you have otherwise used the Account to make a Purchase, Balance Transfer or Cash Advance or the Annual Fee is provided that you have otherwise used the Account to make a Purchase, Balance Transfer or Cash Advance or the Annual Fee is not charged to your Account until thirty days after you notify Barclays Bank Delaware at the number on the back of your Card, and if you do, you will not be responsible for paying the Annual Fee. By signing, keeping, using or otherwise accepting your Card or Account, you agree to the terms and conditions of this Agreement. You may obtain copies of this form from Barclays Bank Delaware, customer service. If you lose your Card, your account number, Checks, or other credit devices. You agree that we may credit your Account rather than issue cash or credit or record any charges that were originally charged to your Account. You agree that you will not use your Card or Account in connection with any transaction that is prohibited or unauthorized and that if you do engage in such a transaction you waive any claim that the charge is uncollectible because of the facts that the transaction is prohibited or unauthorized. The Card must be returned to us upon request. We may replace your Card with another Card at any time.
Definitions.
If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement.
"Agreement" means this document and the Account Summary Table, and any changes we make to this document, from time to time.
"Authorized User" means any person you allow to use your Account including without limitation through a Card, Check, the account number, or other credit device.
"Balance Transfer" means the use of your Account for a loan obtained by a transfer of funds initiated by us at your request and includes the use of a Balance Transfer Check. "Balance Transfer" includes the Transaction Fees associated with any Balance Transfer.
"Cash Advance/withdrawal" means the use of your Card or account number to obtain cash loans at any financial institution or automated teller machine that accepts the Card, the use of a Cash Advance Check or the purchase of Cash Equivalents. "Cash Advance" also includes the Transaction Fees associated with any Cash Advance or any Cash Equivalents.
"Cash Equivalent" means the use of your Card or account number to obtain money orders, traveler’s checks, foreign currency, lottery tickets, gambling chips, wire transfers, person to person money transfers (including but not limited to transfers facilitated over the internet), or the use of your Account to open a deposit account or to transfer value to a stored value card at a location or via the internet operated by another entity (such as Starbucks, Visa and/or American Express) (as applicable to your Account) may designate as a Cash Equivalent. Cash Equivalents and the Transaction Fees associated with any Cash Equivalent are considered Cash Advances for interest calculation purposes.
"Check/Cashier’s Check" means an access check we provide to you to make a Cash Advance or a Balance Transfer as applicable on your Account. A Check can be either a Balance Transfer Check or a Cash Advance Check and will be designated as such.
"Foreign Transaction" means the use of your Card or Account (other than through a Cash Advance) for a transaction in a currency other than U.S. dollars. Foreign Transactions and the Transaction Fees associated with any Foreign Transaction are considered Purchases for interest calculation purposes.
"Purchases" means the use of your Card or account number to buy or lease goods or services and to make a transaction that is not otherwise a Balance Transfer or a Cash Advance. Purchases include Foreign Transactions. Account Fees and any adjustments applied to the Account or any other charges associated with Purchases will be described in detail in this agreement.
"You" and "your" refer to each person who has applied for, accepted, or used the Account and each person who has agreed to be responsible for the Account.
"We," "us" and "our" refer to Barclays Bank Delaware, unless separately defined herein. It is expressly acknowledged that the definition of "we," "us" and "our" in the Arbitration Section below, is governed by the definitions set forth in that provision.
Easy Pay Promotional Offers.
From time to time we may, at our option, make certain special promotional offers available for certain types of Purchases ("Easy Pay Offers"). Details of the APR(s), payment promotion terms and other available Easy Pay Offer will be described in the relevant section of the offer. Such offers, the minimum payments required in the Easy Pay Option are designed to pay the promotional balance in full at the end of the promotional repayment term if certain payments are made. If you do not pay the entire promotional balance at the time the Purchase is enrolled in the Easy Pay Option (each an “Easy Pay Balance”) and the amount of projected interest that would accrue on the Easy Pay Balance during the promotional repayment term at the applicable APRs contained in the applicable Easy Pay Promotion, then the applicable APR will apply at the end of the promotional repayment term and rounded up to the next dollar (each a “Easy Pay Promotion APR”).
Enrollment of the eligible Purchase in the Easy Pay Option may take up to 24 to 72 hours after you have accepted the Easy Pay Option. Prior to enrollment the current non-promotion APR may be applied to the applicable purchase from the transaction date until the actual enrollment date if that billing cycle you incur interest charges on Purchases.
If you do not make each required Easy Pay Payment Amount on time during the repayment period and/or there is a remaining Easy Pay Balance at the end of the promotional repayment term, if the principal balance is not paid in full, the principal balance will (i) become subject to the then current non-promotion APR for Purchases on the Account and (ii) be subject to the non-Easy Pay Minimum Payment Due calculation applicable to the Principal Balance described in “Your Minimum Payment Each Month”. The current non-promotion APR will be applied to the remaining Easy Pay Balance amount on the first day of the next billing
a change in your credit worthiness, your account is not in good standing or if the Check may cause your account to exceed the Cash Advance or other applicable credit line on your Account. At our sole discretion we may elect to honor a Check after its expiration date. Unlike purchase transactions, there are no charge back rights with regard to Balance Transfer and Check transactions.
Credit Line/Authorized Usage
Your credit line is shown on the folder containing your Card. We may change your credit line from time to time—either increase or decrease it—in our sole discretion. If at any time (including in the first month after your Account is opened) you engage in account activities that we perceive will have a negative impact on your credit standing with us, we reserve the right to reduce your credit line or close your Account. We will not credit interest to accounts with insufficient credit. You acknowledge and agree not to make a Purchase, authorize a Balance Transfer, use a Check, or obtain a Cash Advance that would cause the unpaid balance of your Account to exceed your credit line. We may honor Purchases, Balance Transfers, Checks and/or Cash Advances in excess of your credit line at our sole discretion. In addition, should the limit on your Account be reduced, you must immediately notify us if we request that you do so. You agree that we may change or cancel your credit line at any time for any reason without affecting your obligation to pay amounts that you owe under this Agreement. We will notify you of any change, but you are responsible for reviewing this notice. This notice may designate that only a portion of your credit line is available for Cash Advances. If we do and you exceed your limit, you will not be able to make subsequent purchases using your credit line for all purposes of this Agreement. We may limit the authorizations to make Purchase, Balance Transfer, Check, or Cash Advance transactions that may be accomplished with your Card or Account.
Monthly Billing Statements.
At the end of each billing cycle a statement will be mailed or delivered to you. If your Account has a debit or credit balance of more than $1.00 or in arrears or a fee has been imposed. We will not send a monthly billing statement if we deem your Account uncollectible or if deficiency collection proceedings have been instituted by us sending your Account to an outside collection agency or attorney for collection.
Your Minimum Payment Each Month.
Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. We will calculate it as follows:
(1) If the Statement Balance is less than $30, the Minimum Payment Due equals the Statement Balance shown on your monthly statement.
(2) If the Statement Balance is $30 or more, the Minimum Payment Due equals the greater of $30 or the total of:
- 1% of the Principal Balance (defined below),
- Any unpaid charges appearing on the monthly statement (excluding any interest charges that accrued on a deferred interest balance that expired during the billing cycle covered by the statement),
- Any Minimum Interest Charge,
- Any Returned Payment Fee, and
- Any past due Easy Pay Amount(s).
In addition, if your Account has one or more Easy Pay Balance(s), your Minimum Payment Due will include
- Any past due Easy Pay Amount(s)
- Any past due Easy Pay Amount(s).
The "Principal Balance" equals the Statement Balance on your monthly statement minus any Easy Pay Balances and minus any interest charges, Minimum Interest Charge, Returned Payment Fee and Late Payment Fee that is incurred during the current billing cycle.
If we so elect, your Minimum Payment Due may also include any amount that, at the time of billing, is past due and/or over your credit line. In certain instances your Minimum Payment Due may be less than the total fees and interest assessed that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe. However, you cannot "pay ahead." This means that if you pay more than the required Minimum Payment Due in any billing cycle or if you make more than one payment in any billing cycle, you will still need to pay the next month's required Minimum Payment Due by your next Payment Due Date.
Daily Balance (Including New Transactions) Method.
We calculate interest separately for each type of balance for each day. Interest is calculated daily on the remaining balance for each type of balance on your Account and then totaled at the end of each day. We use the previous day's balance and a daily periodic rate based on the APR for each type of balance. We add any interest calculated on the previous day's balance. (This means interest is compounded daily.) We add any new Purchases, Balance Transfers or Cash Advances to the appropriate Type of Balance, subtract any applicable new payments or credits, and make other adjustments. A credit balance is treated as a balance of zero. We then multiply each daily interest balance by the applicable APR and divide by the number of days in the year (for example, if the daily interest balance is $5 and the daily balances equals the total interest for the billing cycle, you will owe $1.83). But the note interest is less than the Minimum Interest Charge (or "Minimum Charge") we will charge you the Minimum Charge instead.
Grace Period on Purchases.
You won't pay interest on Purchases that are subject to interest (excluding Easy Pay Offers) if you pay those Purchases plus any other Easy Pay Payment Amount(s) by the Payment Due Date in each billing cycle. If you do not pay all Purchases plus Easy Pay Offers in full by the Payment Due Date in a billing cycle, you will pay interest on the purchases that weren't paid in full by the Payment Due Date. For Purchases (excluding Easy Pay Offers) that were charged interest in a billing cycle and were not paid in full in the next billing cycle, the interest charges for that second billing cycle will include interest charged from the beginning of the second billing cycle until the time when the Purchases that are included in an Easy Pay Offer will be charged interest in accordance with the plan as disclosed at enrollment.
In addition, as more fully explained on your monthly Statement, each billing cycle, balances that are subject to promotional 0% APR Balance transfer offers in the next billing cycle, balances that are subject to promotional 0% APR Purchase offers in the next billing cycle, Deferred Applicable Purchases that are not due in the next billing cycle or the month following, and Easy Pay Offers are excluded from the amount you must pay in full each month for a Grace Period on other Purchases, even through we exclude these balances from the amount you must pay in full each month to get a Grace Period on other Purchases, you must still pay by the Payment Due Date any part of these balances that is included in the Minimum Payment Due.
There is no Grace Period on Balance Transfers and Cash Advances. This means you will pay interest on Balance Transfers and Cash Advances from the Transaction Date. For Balance Transfers, the transaction date is generally the day we send the Balance Transfer to the payee.
Transaction Fees.
If you use your Card or Account to obtain a Cash Advance, we will charge a Cash Advance Fee for each such Cash Advance. If you use your Card or Account to make a Balance Transfer, we will charge a Balance Transfer Fee for each such Balance Transfer. If you use your Card or Account to purchase Cash Equivalents, we will charge a Cash Advance Fee (sometimes we may refer to this as a "Cash Equivalent Fee") for each such transaction. If you use your Card or Account for a Foreign Transaction, we will charge a Foreign Transaction Fee for each such transaction. Balance Transfer Checks and Cash Advance Checks are subject to the same Transaction Fee as Balance Transfers and Cash Advances, respectively. The present amounts of these charges are listed in the Account Summary Table.
Account Fees.
In addition to the fees listed in the Account Summary Table, we may also assess the Account Fees listed below.
Annual Fee – If your account has an Annual Fee, generally it will be billed at account opening and every twelve months thereafter. The amount of the Annual Fee, if there is one on your Account, is listed in the Account Summary Table.
Late Payment Fee – If we do not receive a payment from you in at least the amount of your Minimum Payment Due by the Payment Due Date shown on your monthly statement, we may charge you a Late Payment Fee. The amount of the Late Payment Fee will be determined in accordance with applicable law. Thus, the fee generally will not exceed the amount of the applicable Minimum Payment Due. In addition, this fee will not exceed $341. If you have not been assessed a return payment fee in the preceding billing cycles, this fee will not exceed $30.
Returned Payment Fee – You return a Convenience Check (which includes a Balance Transfer Check or a Cash Advance Check) unpaid because it exceeds your available credit line at the time it is processed, your Account is closed or otherwise does not have charge privileges, you did not comply with our instructions regarding the check or your Account is past due, we may charge you a Returned Check Fee. The amount of the Returned Check Fee will be determined in accordance with applicable law. Thus, the fee generally will not exceed the amount of the returned Convenience Check. In addition, this fee will not exceed $341. If you have not been assessed a return payment fee in the preceding billing cycles, this fee will not exceed $30.
Check Stop Payment Fee – If we stop payment on a Convenience Check at your request, we may charge you a Check Stop Payment Fee of $35.
Foreign Currency Conversion.
For Mastercard Cards, we and Mastercard (or their affiliates) will convert transactions in foreign currencies into U.S. Dollars. Mastercard will use their currency conversion procedures that are current at the time of the transaction. Currently, Mastercard selects a rate from the range of rates available in the wholesale currency markets for the applicable central processing date which is used to determine the foreign Mastercard exchange, or the government rate published in the Federal Reserve Bulletin for the applicable central processing date. The currency conversion rate used on the transaction may differ slightly from the rate in effect at the date you used your Card or Account.
Authorized Users.
You may allow Authorized Users to use your Account. When you tell us to add an Authorized User to your account, you are confirming that you have relationship with the person or persons you've added, that all their information is correct, and that you have their permission to add them. If you allow an Authorized User to use your Account, that user will be liable for transactions made by that person including transactions for which you may not have intended to be made, even if the amount of those transactions causes your credit limit to be exceeded. You must notify us to revoke your permission to allow an Authorized User to use your Account or Card. Until you revoke your permission, you are responsible for all charges made by an Authorized User including Balance Transfers, Purchases, Checks, Cash Advances and Payments. For authorized transactions, you are responsible for all these charges. Authorized Users may remove themselves from your Account upon request, but reserve the right to remove them from your Account for any reason. If you request additional Cards for Authorized Users, checks accessing this Account may also be included with the Card. Barclays provides account information to the credit reporting agencies for all account users. This information could impart an authorized user's credit score.
Administrative Charges.
If you request delivery of monthly billing statements, you will be charged for each duplicate requested. For each statement that is less than 25 months old, you will be charged $5. For each statement that is 25 or more months old, you will be charged $10. If you request any special services such as obtaining Cards on an expedited basis, you agree to pay our reasonable charges for such services, in effect at that time.
Default/Collection Costs.
Unless otherwise prohibited by law, your Account will be in default and we may demand immediate payment of the entire amount you owe us if: 1) in any month we do not receive your Minimum Payment Due by the Payment Due Date; 2) you make Purchases, initiate Balance Transfers, use a Check, or obtain Cash Advances in excess of your credit line; 3) you fail to comply with the Agreement; 4) there is a filing for your bankruptcy; 5) you die or become incapacitated; or 6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts owed under this Agreement (including, without limitation, repossessing the Card at which charges to other Accounts are made against your Account), and, if we determine that you are in default, we may notify the consumer reporting agency that reports your Account, and we may report your Account after your default to an attorney who is not our regularly retained employee, at your expense, to collect the total of all of our charges. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as discussed below).
Terminal/We Will Suspend Or Close Your Account.
We may terminate or suspend your usage or otherwise terminate your right to use your account without prior notice, even if you pay on time and your account is not in default. We may do this at any time and for any reason, including but not limited to, if there is a change to your creditworthiness or if your Account becomes inactive. For purposes of this section "inactive" is generally defined as: no purchases or other transactions on your Account, no balance and no activity on your Account for a period of time determined by us. You may received a notice from us if your Account falls into this category when we request it. You agree that you will not try to make a Purchase, use a Check, initiate a Balance Transfer or obtain a Cash Advance after you have been notified that your privilege to use your Account has been closed or revoked. You may close your Account at any time by submitting a signed card and Checks previously issued on the Account. If you call us, we may require that you confirm your termination in writing. Whether your account is closed by us or by you, your obligations under this Agreement continue even after the Account is closed.
Notices to You.
Billing statements and notices will be sent to the address shown in our files. If this is a joint Account, we may send billing statements and notices to either of you. You promise to promptly inform us of any change in your e-mail address or your U.S. mail address. You may update this information by visiting the website on the back of your Card and sending us an e-mail or telephoning us at the number provided on your Card. We may in our discretion accept address corrections for the United States Postal Service.
Skip Payment Program and Other Special Terms.
From time to time, we may let you skip or reduce one or more monthly payments during a year (interest will continue to accrue) or offer you other special features. If we do, we will advise you of the scope and duration of the applicable skip or special feature.
When the skip or special feature ends, your regular terms will resume.
Changes to This Agreement.
We reserve the right to amend, including the annual percentage rate and any fees, as permitted by applicable law. These changes may include the addition or deletion of provisions relating to your Account or to the nature, extent, and enforcement of the rights and obligations you or we may have under this Agreement. We will notify you of any change. Any change, including any increase or decrease in your APRs, will become effective at the time stated in our notice and will apply to those balances, including new transactions, on your Account as described in our notice.
Credit Performance.
Your Account is established based upon criteria which reflect your particular credit history. We will from time to time review your credit performance. In addition to any other rights we have, if you do not maintain your past level of credit performance, we may change some or all of the Account terms on your Account, and if we do we will notify you as provided in this Agreement and in accordance with applicable law.
Credit Information.
You agree that we may request consumer credit reports from one or more credit reporting agencies in connection with your Account and the administration of your Account. You also authorize us to exchange credit information concerning you or your Account with and/or answer questions and requests from others, such as merchants, other lenders and credit reporting agencies. From time to time we may request employment and income data from third parties for the ongoing administration of your Accounts.
Calls/Electronic Communications.
In the regular course of our business, we may monitor and record phone conversations made or received by our employees or our agents. Similarly, we may monitor and record e-mail or conversations on our website between you and our employees or agents. You agree that we will have such right with respect to all such phone conversations, e-mail or conversations between you and our employees or agents, whether initiated by you or any of our employees or agents. We may contact you by telephone in connection with the Accounts or you Account and, to collect amounts owed on the Accounts, to notify you of potential fraudulent transactions on your account or for another account associated with the same telephone number. If we provide any specific number at which you may be contacted, you consent to receive calls (including automated dialers and prerecorded messages) at that mobile number from us, our successors and assigns, and our affiliates, agents and independent contractors, including servicers of other accounts, for the purposes specified above. You consent to receive electronic communications about your Account or related to your financial obligations.
You consent and further agree that:
(1) these telephone calls, from us or on our behalf, may be made:
(a) to the telephone number(s) that you provided on the Account application;
(b) to any other telephone number(s) that you later provide to us; and/or
(c) to the number that you or another person or entity is permitted by law to use to contact you;
(2) these calls may be sent using automated dialing equipment and/or exclude prerecorded messages;
(3) other communications, including mobile text messages, may be sent to the same telephone number(s) (technology permitting);
(4) you may be charged by your service provider for these calls in accordance with your service plan between you and your current telephone provider;
(5) these calls and/or messages are not "unsolicited" calls for purposes of applicable law, and
(6) except to the extent prohibited by applicable law, other communications, including, but not limited to, fax or telecopier, Internet, U.S. mail and non-mobile e-mail messages, may be sent to you.
Consent to Receive Electronic Notices.
You may receive periodic billing statements and other notices regarding your Account electronically by U.S. Mail. By requesting statements and other notices electronically, and by providing any other legally required consent, you irrevocably consent to receive such notices and other notices electronically when it is permissible. Otherwise, statements and notices will be sent to the address shown in our files. If at any time you need a paper copy of statements or notices, or you change your mind and prefer to receive all your statements and notices in paper rather than electronic form, telephone us at the number provided on the back of your Card or visit us at the website on the back of your Card and select "e-statements." In order to access internet statements, you will need a web browser (such as Netscape® Navigator, Microsoft Internet Explorer®, Mozilla, Safari, or Edge.) a connection to the Internet; 3) a current version of a program that accurately reads and displays PDF files, and 4) an operating system capable of supporting the preceding list of items. If you wish to print and retain paper records you will need a printer and wish
EXHIBIT B
BILL OF SALE
Barclays Bank Delaware (Seller), for value received and pursuant to the terms and conditions of the Forward Flow Purchase Agreement (the Agreement) dated September 30, 2024 between Seller and Portfolio Recovery Associates, LLC (Purchaser), hereby assigns, conveys, grants and delivers to Purchaser, effective as of the Closing Date of January 31, 2025, all rights title and interest of Seller in and to those certain evidences of debt (Accounts) described on computer files furnished by Seller to Purchaser with a current balance totaling [REDACTED].
With respect to these Accounts, the terms below will have the following meanings:
Accounts: All Barclays Accounts included on the data file, named PRA_Aged_ffs_202501_finl_EXPANDED, provided to Purchaser by Seller on the Cut-off Date and incorporated herein by reference.
Amounts due to Seller by Purchaser in U.S. Dollars by a wire transfer to be received by Seller on Closing Date by 5:00 p.m. to the Federal Reserve Account after confirming the Bill of Sale.
This Bill of Sale is executed without recourse except as stated in the Agreement. No other representation or warranty of title or enforceability is expressed or implied.
SELLER:
Barclays Bank Delaware
125 S. West Street, Wilmington, DE 19801
By:
Christopher Rathsaek
Title:
Director, Collections and Recovery
Date:
2/4/2025 | 2:50 PM EST
PURCHASER:
Portfolio Recovery Associates, LLC
By:
Leigh Bates
Title:
Authorized Signer
Date:
2/4/2025 | 6:40 PM EST
EXHIBIT J
AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR
State of Delaware
County of New Castle
Christopher Rathsack, being duly sworn, deposes and says:
I am the Director Collections Recovery and Strategy of Barclays Bank Delaware ("Barclays") located at 125 S West St Wilmington DE 19801. I am authorized to make the statements and representations herein and I am over 18 years of age. In this position, I have access to the creditor's books and records and am aware of the process of the sale of accounts and electronic storage of business records.
On or about 1/31/2025, Barclays sold a pool of charged-off accounts (the Accounts) by a Forward Flow Purchase Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor.
I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge.
Signed this 18th day of March, 2025.
Name of Signer
Sworn before me this 18th day of March, 2025.
Mike Noonan
Notary Public
My Commission Expires: 11/16/2026
CERTIFICATE OF CONFORMITY
STATE OF Delaware
COUNTY OF New Castle
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of Delaware and is a resident of New Castle County, in the State of Delaware _______; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of Delaware; that the foregoing acknowledgment by Christopher Rathsack named in the foregoing instrument taken before Mike Noonan, a Notary in the State of Delaware, was taken in the manner prescribed by such laws of the State of Delaware, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state.
3/18/25
Date
[signature]
Attorney at Law
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Assignment and Assumption Agreement”), dated March 18, 2016, and effective as of the Cut-off Time is by and among American Express Bank, FSB, a federal savings bank chartered under the laws of the United States (“FSB”), American Express Receivables Financing Corporation IV LLC, a Delaware limited liability company (“RFC” and together with FSB, “Sellers”) and Barclays Bank Delaware, a Delaware chartered nonmember bank (“Purchaser”). Capitalized terms used, but not otherwise defined, herein shall have the meanings given to such terms in the Agreement (as defined below).
WHEREAS, Purchaser, FSB and RFC are parties to the Purchase and Sale Agreement, dated October 26, 2015 (as it may be amended, modified or supplemented from time to time in accordance with its terms, the “Agreement”); and
WHEREAS, pursuant to Section 3.1(b)(1) of the Agreement, the parties desire to execute and deliver this Assignment and Assumption Agreement.
NOW, THEREFORE, in consideration of the promises and the mutual agreements and covenants contained herein and in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
a. Sellers hereby irrevocably and unconditionally sell, convey and assign to Purchaser, its successors and assigns, the Acquired Assets, and Purchaser hereby expressly accepts the sale, conveyance and assignment of the Acquired Assets and assumes the Assumed Liabilities (including the obligation to pay, discharge and perform as and when due the Assumed Liabilities).
b. This Assignment and Assumption Agreement is intended to evidence the consummation of certain transactions contemplated by the Agreement. The assignment and assumption of the Acquired Assets and the Assumed Liabilities set forth herein are required pursuant to the terms of the Agreement, and are not intended (nor shall they be construed) to defeat, limit, alter, impair, enhance or enlarge, the assignments and assumptions through operation of Applicable Law which are effected under the Agreement at the Cut-off Time. Without prejudice to any representation or warranty contained in the Agreement, this Assignment and Assumption Agreement is made without any representation or warranty.
c. Nothing in this Assignment and Assumption Agreement shall be deemed to constitute an agreement to assign or transfer to Purchaser any Acquired Asset or Assumed Liability prior to the Cut-off Time.
d. This Assignment and Assumption Agreement is given pursuant to the provisions of the Agreement and the assignment and assumption of the Acquired Assets and Assumed Liabilities hereunder is made subject to the terms and conditions of the Agreement and shall be construed consistently therewith. Nothing in this Assignment and Assumption Agreement, express or implied, is intended to or shall be construed to supersede, modify,
replace, amend, rescind, waive, expand or limit in any way the rights of the parties under, or the terms of, the Agreement. In the event that any provision of this Assignment and Assumption Agreement is construed to conflict with a provision in the Agreement, the parties agree that the provision in the Agreement shall be controlling.
e. Section 1.2, Section 1.3 and Article X of the Agreement are incorporated mutatis mutandis into this Assignment and Assumption Agreement.
[Signatures Appear on the Following Page]
IN WITNESS WHEREOF, the undersigned have executed this Assignment and Assumption Agreement as of the date first set forth above.
American Express Bank, FSB
By: [Signature]
Name: Douglas Tabun
Title: President & CO, FSB
American Express Receivables Financing Corporation IV LLC
By: ________________________________
Name:
Title:
Barclays Bank Delaware
By: ________________________________
Name:
Title:
[Signature Page to Assignment and Assumption Agreement]
IN WITNESS WHEREOF, the undersigned have executed this Assignment and Assumption Agreement as of the date first set forth above.
American Express Bank, FSB
By: ________________________________
Name:
Title:
American Express Receivables Financing Corporation IV LLC
By: __________________________________
Name: Denise Roberts
Title: President
Barclays Bank Delaware
By: ________________________________
Name:
Title:
[Signature Page to Assignment and Assumption Agreement]
IN WITNESS WHEREOF, the undersigned have executed this Assignment and Assumption Agreement as of the date first set forth above.
American Express Bank, FSB
By: ______________________________________
Name:
Title:
American Express Receivables Financing Corporation IV LLC
By: ______________________________________
Name:
Title:
Barclays Bank Delaware
By: ______________________________________
Name: Curt Hess
Title: Chief Executive Officer
[Signature Page to Assignment and Assumption Agreement]
BILL OF SALE
AND
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS BILL OF SALE AND ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Bill of Sale") is made as of June 17, 2022, by and among SYNCHRONY BANK, federal savings bank located in Utah ("Seller"), SYNCHRONY FINANCIAL, a Delaware corporation ("SYF"; and together with Seller, the "Sellers") and BARCLAYS BANK DELAWARE, a Delaware state-chartered bank ("Buyer"). Unless otherwise expressly defined herein, capitalized terms used in this Bill of Sale shall have the meanings specified in the Purchase and Sale Agreement dated as of August 26, 2021 by and between Seller and Buyer (the "Purchase and Sale Agreement").
WHEREAS, subject to the terms and conditions of the Purchase and Sale Agreement, Seller has agreed to sell and transfer (or cause to be sold and transferred), and Buyer has agreed to purchase and assume the Purchased Assets and the Assumed Liabilities.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Purchased Assets. On the terms and subject to the conditions of the Purchase and Sale Agreement, Sellers do, effective as of the Closing Date, hereby irrevocably and unconditionally sell, convey, transfer, assign and deliver to Buyer and its successors and permitted assigns, and Buyer does hereby purchase, acquire, assume and accept, all of Sellers' right, title and interest in and to the Purchased Assets as provided in the Purchase and Sale Agreement. For the avoidance of doubt, only Sellers, and no Affiliates of Seller or any other Person is conveying assets pursuant to the Purchase and Sale Agreement.
2. Further Assurances. On or after the date hereof, Sellers shall give such further assurances to Buyer, execute, acknowledge and deliver all such acknowledgements and other instruments and take such further action as may be reasonably necessary or appropriate to carry out fully and effectively the transactions contemplated hereby.
3. Excluded Assets. Except as expressly provided in the Purchase and Sale Agreement, this Bill of Sale does not sell, convey, transfer or assign to Buyer any right, title or interest of Sellers in, to or under any other assets.
4. Assumed Liabilities. On the terms and subject to the conditions of the Purchase and Sale Agreement, Buyer does hereby assume, and agree to perform and discharge all of the Assumed Liabilities.
5. Excluded Liabilities. This Bill of Sale does not convey, transfer or assign to Buyer, and Buyer does not hereby and shall not otherwise assume or agree to perform or discharge any of the Excluded Liabilities.
6. Relationship to the Purchase Agreement. This Bill of Sale is intended to evidence the consummation of certain transactions contemplated by the Purchase and Sale Agreement. This Bill of Sale is made without representation or warranty, except as and to the extent provided
in the Purchase and Sale Agreement. In the event of any conflict or other difference between the Purchase and Sale Agreement and this Bill of Sale, the provisions of the Purchase and Sale Agreement shall control.
7. Governing Law. This Bill of Sale shall be deemed to be a contract made under the Laws of the State of New York without regard to its conflict of laws principles, and for all purposes shall be governed by and construed in accordance with the laws of said State.
8. Amendment and Waivers. None of the terms or provisions of this Agreement may be waived, altered, modified or amended except by an instrument in writing executed by Sellers and Buyer.
9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of Sellers and Buyer.
10. Third Party Beneficiaries. This Bill of Sale shall be binding upon and enforceable by, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns and no others, and shall not be construed as conferring and is not intended to confer any rights on any other Person.
11. Counterparts. This Bill of Sale may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which counterparts, when so executed and delivered, shall be deemed to be an original, and all of which counterparts, taken together, shall constitute but one and the same Bill of Sale. Any or all of such counterparts may be delivered by facsimile or electronic transmission.
[Signature page follows]
IN WITNESS WHEREOF, the parties have caused this Bill of Sale and Assignment and Assumption Agreement to be duly executed by their respective authorized officers as of the date first written above.
SYNCHRONY BANK
By: __________________________
Name: Thomas M Quindlen
Title: EVP & CEO DV&L
SYNCHRONY FINANCIAL
By: __________________________
Name: Thomas M Quindlen
Title: EVP & CEO DV&L
BARCLAYS BANK DELAWARE
By: __________________________
Name:
Title:
BARCLAYS BANK DELAWARE
By: __________________________
Name: Dennis J. Nealon
Title: CEO, Barclays US Consumer Bank
[Signature Page to Bill of Sale]
DECLARATION OF CUSTODIAN OF RECORDS
I, the undersigned Custodian of Records for Portfolio Recovery Associates, LLC, hereby declare, certify, and state as follows:
1. I am competent to testify to the matters contained herein.
2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the business records of the Original Creditor SYNCHRONY FINANCIAL/OLD NAVY and those records transferred to Account Assignee from BARCLAYS BANK DELAWARE ("Account Seller"), which have become a part of and have integrated into Account Assignee’s business records, in the ordinary course of business.
3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller’s interest in such account having been sold, assigned and transferred by the Account Seller on 1/31/2025. Further, the Account Assignee has been assigned all of the Account Seller’s power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever.
4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from LINDSEY BREWER ("Debtor and Co-Debtor") to the Account Seller the sum of $17,454.42 with the respect to account number ending in 9903 as of the date of 1/30/2024 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale.
5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $17,454.42 as due and owing as of the date of this declaration.
6. Plaintiff believes that the defendant is not a minor or an incompetent individual and declares that the Defendant is not on active military service of the United States.
7. I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct.
Executed on 10/6/2025 at Norfolk, VA
Portfolio Recovery Associates, LLC
By: Christina Smartz, Custodian of Records