IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
LVNV FUNDING LLC,
Plaintiff,
vs.
XIONG CHA
Defendant(s).
PETITION
COMES NOW the Plaintiff, by and through counsel, Nelson & Kennard, and herewith alleges the following and seeks redress as hereafter delineated.
1. Plaintiff is a national debt collection agency, which transacts business within the State of Oklahoma.
2. Venue is proper in this County, as the Defendant(s) either reside(s) in this County at the commencement of this action, or the contract which is the subject matter of this action was made, executed, and delivered in this County.
3. The last four (4) digits of the Defendant’s account number, used by the original creditor as of the date of default are XXXXXXXXXXXXX4450.
4. Plaintiff’s claim arises when the Defendant(s) opened a credit account and failed to make the required monthly payments as agreed. The credit account charged off for non-payment on 10/13/20, the balance due at time of default is as follows $1,434.50. A true and accurate copy of the last periodic statement provided to the Defendant(s) prior to charge-off is attached hereto as Exhibit 1. A true and accurate copy of the ownership of the credit card account is attached hereto as Exhibit 2.
5. The Defendant(s) breached the Contract by failing to make the required periodic payments.
6. As a direct and proximate result of the Defendant(s) default, the total amount of debt claimed is $1,434.50.
7. The date of the last payment made by the Defendant(s) is February 26, 2020.
8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises.
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WHEREFORE, Plaintiff, LVNV FUNDING LLC prays for judgment against the Defendant(s), XIONG CHA in the amount of $1,434.50, plus all costs herein expended, including but not limited to, court costs, sheriff’s fees, and special process server fees, attorney fees; and for such other and further relief as the Court may deem proper in the premises.
Dated this December 12, 2024. Nelson & Kennard
By: Ashton Dewayne Sears, OBA # 35737
12596 W. Bayaud Ave., Ste. 120
Lakewood, CO 80228
Phone: 866-920-2295
Attorney for the Plaintiff
EXHIBIT 1
Previous Balance 1,403.06
Payments & Credits 0.00
Purchases & Debits 0.00
Fees Charged 0.00
Interest Charged 31.44
New Balance 1,434.50
Credit Limit 0
Available Credit 0
Statement Closing Date 09/15/20
Days in Cycle 31
Past Due Amount 420.10
Minimum Payment Due 491.82
Interest Charge Calculation
<table>
<tr>
<th>Type of Balance</th>
<th>Annual Percentage Rate (APR)</th>
<th>Balance Subject to Interest Rate</th>
<th>Interest Charge</th>
</tr>
<tr>
<td>Non Deferred</td>
<td>29.99%</td>
<td>550.79</td>
<td>13.76</td>
</tr>
<tr>
<td>Non Deferred</td>
<td>24.90%(v)</td>
<td>852.27</td>
<td>17.68</td>
</tr>
</table>
(v) APR will vary with the market, based on the Prime Rate.
<table>
<tr>
<th>Fees</th>
<th>Date</th>
<th>Order Number</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td colspan="4">TOTAL FEES FOR THIS PERIOD</td>
<td>0.00</td>
</tr>
<tr>
<td rowspan="2">Interest Charged</td>
<td>09/15/20</td>
<td></td>
<td>INTEREST CHARGE</td>
<td>31.44</td>
</tr>
<tr>
<td colspan="3">TOTAL INTEREST THIS PERIOD</td>
<td>31.44</td>
</tr>
<tr>
<td colspan="4">TOTAL FEES YTD 2020</td>
<td>120.00</td>
</tr>
<tr>
<td colspan="4">TOTAL INTEREST YTD 2020</td>
<td>259.64</td>
</tr>
</table>
New Balance 1,434.50
Minimum Payment Due 491.82
Mail Payment By 10/04/20
Payment Due Date 10/11/20
Late Payment Warning: If we do not receive your minimum payment by the Payment Due Date listed above, you may have to pay a late fee of up to $40.00.
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>4 years</td>
<td>$1,843</td>
</tr>
</table>
If you would like information about credit counseling services call 1-888-364-2268. To avoid additional interest charges, pay the New Balance by the Payment Due Date.
NOTICE: See Reverse Side for Important Information
Inquiries Regarding Your Fingerhut Advantage Credit Account issued by WebBank: English: 1-800-208-2500 En Español: 1-800-56-3208
Or tear off and return with your payment by mail. Make your check payable to Fingerhut.
Account Number XXXX-XXXX-XXXX-4450
Customer Number [REDACTED]
PAYMENT DUE DATE 10/11/20
MINIMUM DUE $491.82
New Balance $1,434.50
Amount Enclosed [REDACTED]
XIONG CHA
APT B
426 S MINGO RD
TULSA OK 74128-1014
Make your check payable to Fingerhut and mail to:
PO BOX 70281
PHILADELPHIA, PA 19176-0281
IMPORTANT NOTICE
Your payment will be credited to your account on the same day we receive it if the bottom portion of this statement and your check are received by us on a processing day by 5:00 pm Eastern Time in the enclosed envelope at our processing center. Payments received after 5:00 pm Eastern Time will be credited on the next processing day. Please allow at least seven (7) days for postal delivery. Payments received at any other location in another form or with other documents may not be credited the same day we receive the payment. Our processing days are Monday through Sunday, excluding holidays for payments received by mail. Payments received on holidays will be credited as of the previous processing day. When you send us a check as a payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your deposit 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 deposit account as soon as the same day we receive payment, and you will not receive your check back from your financial institution. If your check is returned to us due to non-sufficient funds we may also re-deposit it through a one-time electronic fund transfer. You may also make a payment anytime on your Fingerhut Advantage Account at fingerhut.com/MyAccount or via an automated phone payment at 1-800-208-2500. Online and automated phone payments will be posted as of the same day if made before 11:00 pm Central Time. If your statement shows a credit balance, you may request a refund of the credit by contacting Fingerhut Credit Services at the address shown below. You may pay the entire balance on your account at anytime without incurring any additional charges for prepayment.
PAYMENTS
Make checks payable to Fingerhut and mail to:
Fingerhut Credit Account Services, P.O. Box 70281, Philadelphia, PA 19176-0281
Please write your Fingerhut Advantage Account number on your check. Do not send correspondence to this address. Mail your payment in the enclosed envelope with the payment coupon attached to the bottom of your statement.
WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT
If you think there is an error on your statement, write us at:
Fingerhut Credit Account Services, P.O. Box 1250; Saint Cloud MN 56395-1250.
In your letter, give us the following information:
• Account Information - Your name and your 10-digit Fingerhut Customer 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
• 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 PURCHASES
If you use your card to make a purchase and you are dissatisfied with the goods or services that you receive, 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 card for the purchase.
3. You must have not yet 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: Fingerhut Credit Account Services, P.O. Box 1250, Saint Cloud MN 56395-1250.
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.
CREDIT BUREAU DISPUTES
If you believe we inaccurately reported credit history information about you or your Account to a credit reporting agency, write to us at Credit Bureau Reporting Services, 6250 Ridgewood Road, Saint Cloud MN 56303. Please provide the Fingerhut Advantage Credit Account number along with a copy of your credit bureau report reflecting the information that you believe is inaccurate.
HOW WE CALCULATE INTEREST CHARGES
To calculate the interest charge payable each month, we multiply the average daily balance times the monthly periodic rate. Your monthly periodic rate may vary each billing cycle. The monthly periodic rate is determined by dividing the APR by 12. Your Account is subject to a minimum interest charge of $1.00. Average Daily Balance - We figure the interest charge on your Account by applying the monthly periodic rate to the "average daily balance" of your Account, including current transactions. To get the "average daily balance" we take the beginning balance of your Account each day, add any new purchases, charges, and other fees, and subtract any payments or credits. This gives us the daily balance. Then we add up all the daily balances for that billing cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance."
Interest charges begin to accrue on each purchase on the date of the purchase if you paid the new balance on your previous Statement by the payment due date shown on the statement, then: (1) if you pay the new balance on your current billing statement by the payment due date shown, we impose no interest charges on purchases during the current billing cycle, and (2) if you make a payment by the payment due date shown on your current billing statement that is less than the new balance, we will credit that payment as the first day in your current billing cycle. In addition, if your Statement reflects a new balance and you did not pay that new balance in full by the payment due date on that previous statement, we will not impose interest charges on any purchases during the current billing cycle if you pay the balance shown on your current Statement by the payment due date reflected on that current statement.
DEFERRAL PERIODS
WebBank may offer Accounts promotional credit offers, including deferred payment offers. Special rules apply to promotional credit offers, which are described at the time of the offer.
• The date, amount and description of each purchase are identified on your periodic statement for the period when you make the purchase.
• Each periodic statement contains a summary of all active deferred offers, including unpaid balances, any interest charges and the date on which the deferral periods expire.
• We figure interest charges each month by multiplying the average daily balance of each deferred balance by the monthly periodic rate.
• We do consider all deferred purchases for purposes of determining your available credit.
NOTICE OF ASSIGNMENT: The right to receive payment on your Fingerhut Advantage Credit Account has been assigned by WebBank to Fingerhut.
QUESTIONS ABOUT YOUR STATEMENT
E-mail us at
[email protected] or call 1-800-208-2500 (English) 1-800-556-3208 (En Español)
IMPORTANT! Has your address, phone number, or e-mail address changed? If so, please fill in any NEW information in the spaces below and we will update your account.
Account
Name
Address
City
State
Zip
E-Mail Address
Please provide your e-mail address for business transactions.
(We will not send promotional material without your permission.)
Check here if you'd like to receive e-mails about Fingerhut special deals and events.
Consent for Use of Telephone Numbers: You authorize WebBank/Fingerhut, their affiliates, agents, and others calling at their request or on their behalf to contact you at any number (i) you have provided to us (ii) from which you have called us, or (iii) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting, using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider.
EXHIBIT 2
FINGERHUT BB ALLIUM RECEIVABLES POST PRIMARY – RESURGENT ACQUISITIONS
EXHIBIT F
BILL OF SALE OF ORIGINAL CREDITOR OR ACQUIRER (WEBBANK)
FOR VALUE RECEIVED, and subject to the terms and conditions of the Charged-Off Account Purchase Agreement ("Account Purchase Agreement") between WebBank ("Bank") and BLST Receivables & Servicing, LLC, dated January 10, 2013, Bank does hereby transfer, assign and convey to BLST Receivables & Servicing, LLC, as of the date hereof all right, title and interest of Bank in and to those certain Charged-Off Accounts described in Schedule 1 attached hereto and made a part hereof for all purposes. Terms used herein shall have the meanings set forth in the Account Purchase Agreement.
This BILL OF SALE is executed without recourse and without representation of any warranty of collectability or otherwise, expressed or implied.
Dated this ____ day of June, 2021.
WEBBANK
By: ____________________________________________
Name: Jon Sargent
Title: Controller
SCHEDULE 1 TO BILL OF SALE OF ORIGINAL CREDITOR ACCOUNTS SCHEDULE
The individual Purchased Accounts transferred are described in the final electronic files named SHER_FHTBBALLIUM_PPS_20210628 and SHPP_FHT_BBALLIUM_TrueUpReport_06.29.2021 delivered by WebBank to BLST Receivables & Servicing, LLC, on or about June 25, 2021 the same deemed attached hereto by this reference.
EXHIBIT B
ASSIGNMENT AND BILL OF SALE
BLST Receivables & Servicing, LLC, for itself and as agent for BB Allium Borrowing LLC ("BB ALLIUM") (collectively "Seller") has entered into a Purchase Agreement ("Agreement") dated June 28, 2021 for the sale of Accounts and associated receivables, described in Schedule 1 hereto ("Purchased Accounts"), to Resurgent Acquisitions, LLC ("Buyer") upon the terms and conditions set forth in that Agreement.
This ASSIGNMENT AND BILL OF SALE is for the Purchased Accounts, as further described in Schedule 1 which is hereby included by reference, delivered by Seller to Buyer on June 29, 2021 with a Closing Date of June 29, 2021.
NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Buyer all of Seller’s rights, title and interest in each and every one of the Purchased Accounts described in the Agreement.
This ASSIGNMENT AND BILL OF SALE is executed without recourse or warranties except as stated and provided for herein and within the Agreement. All of the information contained in Seller’s Accounts Information (a) constitutes Seller’s own business records regarding the Purchased Accounts and (b) accurately reflects in all material respects the information about the Purchased Accounts in Seller’s possession. All of Seller’s Accounts Information has been kept in the regular course of Seller’s business and was made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained in Seller’s business records or (ii) who caused the data to be entered into and maintained in Seller’s business records. It is the regular practice of Seller’s business to maintain and compile such data.
IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 29th day of June, 2021.
Seller: BLST Receivables & Servicing, LLC
13300 Pioneer Trail
Eden Prairie, MN 55347
By: ________________________________
Name: Richard J. Winship
Title: SVP of Credit
Buyer: Resurgent Acquisitions, LLC
Attention: Jon Mazzoli
55 Beattie St. Suite 400
By: ________________________________
Name: Jon Mazzoli
Title: Vice President
BB Allium Borrowing LLC
By: BLST Receivables & Servicing, LLC, as agent
13300 Pioneer Trail
Eden Prairie, MN 55347
By: ________________________________
Name: Richard J. Winship
Title: SVP of Credit
SCHEDULE 1 TO ASSIGNMENT AND BILL OF SALE
ACCOUNTS SCHEDULE
The individual Purchased Accounts transferred are described in the final electronic files named SHER_FHTBBALLIUM_PPS_20210628 and SHPP_FHT_BBALLIUM_TrueUpReport_06.29.2021 delivered by the Seller to Buyer on or about June 29, 2021 the same deemed attached hereto by this reference.
Declaration of Account Transfer
Resurgent Acquisitions LLC ("RALLC"), without recourse, to the extent permitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered to LVNV Funding LLC ("LVNV") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated June 28, 2021 delivered by BLST Receivables & Servicing/BB Allium Borrowing on June 29, 2021 for purchase by RALLC on June 29, 2021. The transfer of the Assets included electronically stored business records.
Resurgent Acquisitions LLC
a Delaware Limited Liability Company
By: [Handwritten signature]
Name: Jackson Walker
Title: Authorized Representative
LVNV Funding LLC
a Delaware Limited Liability Company
By: [Handwritten signature]
Name: Daniel Picciano
Title: Authorized Representative
Exhibit A
Receivables File
06.29.21 SHER_FHTBBALLIUM_PPS_20210628
Transfer Group Portfolio Transfer Batch
748305 38925 N/A
ACCOUNT SUMMARY REPORT
10/18/2024 12:32:06 PM
This account summary has been prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. It is not a credit card or other account statement from the original creditor.
<table>
<tr>
<th>Borrower Information</th>
<th>Current Account Information</th>
</tr>
<tr>
<td>Name: XIONG CHA<br>Address: 3205 S 147th East Ave Apt M<br>City: Tulsa<br>State: OK<br>Zip Code: 74134-4623</td>
<td>Owner: LVNV Funding LLC<br>Resurgent Reference #: 706966044<br>Original Creditor: WebBank<br>Account Number: xxxxxxxxxxxxxxx4450<br>Merchant: Fingerhut<br>Current Balance Due: $1434.50<br>Date of Last Payment: 02/26/2020</td>
</tr>
</table>
Recent Payment Transactions
No Transactions Found
Historical Account Information
The original creditor for this account was: WebBank<br>215 South State Street Suite 800<br>Salt Lake City, UT 84111
The origination date with original creditor was: 04/03/2016
The account charge-off date was: 10/13/2020
The account charge-off amount was: $1,434.50
The account was acquired on or about: 06/29/2021
The account balance at time of acquisition: $1,434.50
