PORTFOLIO RECOVERY ASSOCIATES, LLC v. KELSEY BOTTORFF

IN THE DISTRICT COURT OF POTTSWATOMIE COUNTY STATE OF OKLAHOMA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff, vs. KELSEY BOTTORFF Defendant(s). Case No. CS-24-280 PETITION COMES NOW the Plaintiff, by and through counsel, Nelson and Kennard, LLP, 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) 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 XXXXXXXXXXXXX9170. 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 2/19/24, the balance due at time of default is as follows $3,748.89. 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. A true and accurate copy of the Terms and Conditions of the account is attached as Exhibit 3. 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 $3,748.89. 7. The date of the last payment made by the Defendant(s) is November 14, 2023. 8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises. WHEREFORE, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC prays for judgment against the Defendant(s), KELSEY BOTTORFF in the amount of $3,748.89, 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 January 16, 2026 Nelson and Kennard, LLP By: Ashton Dewayne Sears, OBA # 35737 12596 W. Bayaud Ave., Ste. 120 Lakewood, CO 80228 Phone: 866-920-2295 [email protected] Attorney for the Plaintiff EXHIBIT 1 Payment Information Payment Due Date: PAST DUE For online and phone payments, the deadline is 8pm ET. New Balance: $3,748.89 Minimum Payment Due: $3,748.89 IMPORTANT: Your account has charged off and is now serviced by the Recoveries department at 1-800-258-9319. Your full balance is due. Any payment you make will reduce your balance and help pay off your debt faster. The amount you owe may differ if you've entered into a separate payment agreement. Account Summary <table> <tr><th>Previous Balance</th><td>$3,667.20</td></tr> <tr><th>Payments</th><td>$0.00</td></tr> <tr><th>Other Credits</th><td>$0.00</td></tr> <tr><th>Transactions</th><td>+ $0.00</td></tr> <tr><th>Cash Advances</th><td>+ $0.00</td></tr> <tr><th>Fees Charged</th><td>+ $0.00</td></tr> <tr><th>Interest Charged</th><td>+ $81.69</td></tr> <tr><th>New Balance</th><td>= $3,748.89</td></tr> <tr><th>Available Credit (as of Feb 18, 2024)</th><td>N/A</td></tr> </table> Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information How can I Avoid Paying Interest Charges? If you pay your New Balance in full by the due date each month, we will not charge interest on new transactions that post to the purchase balance. If you have been paying in full without Interest Charges, but fail to pay your next New Balance in full, we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special Transfers start on the transaction date. Promotional offers may allow you to pay less than the total New Balance and avoid paying interest on new transactions that post to your purchase balance. See the front of your statement for additional information. How is the Interest Charge Determined? Interest Charges accrue from the date of the transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues daily on every unpaid amount until it is paid in full. Interest accrued during a Billing Cycle posts to your account at the end of the Billing cycle and appears on your next statement. You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the prior month. Once you start accruing Interest Charges, you generally must pay your New Balance in full two consecutive Billing Cycles before interest charges stop being posted to your Statement. Interest Charges are added to the corresponding segment of your account. Do you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of $0.00 for each Billing Cycle if your account is subject to an Interest Charge. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new transactions). 1. First, for each segment we take the beginning balance each day and add in new transactions and the periodic interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment are not added to the daily balance. 2. Next, for each segment, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment. 3. At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add this Interest Charge for all segments together. The result is your total Interest Charge for the Billing Cycle. The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement. NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed. How can I Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacting Customer Service fewer than 40 days after the annual membership Fee was assessed to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee. How can I Close My Account? You can contact Customer Service anytime to request that we close your account. How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR), and then to balances with higher APRs. We apply any part of your payment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with lower APRs. Billing Rights Summary (Does Not Apply to Small Business Accounts) 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: P.O. Box 30285, Salt Lake City, UT 84130-0285. 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 or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. 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 until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatisfied With Your Purchase: 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, the following must be true: 1) 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. and 2) 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: P.O. Box 30285, Salt Lake City, UT 84130-0285. 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. Pay online at capitalone.com Pay using the Capital One mobile app Customer Service 1-800-227-4825 Changing your mailing address? You can change your address by signing into your account online or by calling Customer Service. Any written request on this form will not be honored. How do I Make Payments? You may make your payment in several ways: 1. Online Banking by logging into your account; 2. Capital One Mobile Banking app for approved electronic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. When will you Credit My Payment? • For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. • For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. Transactions Visit capitalone.com to see detailed transactions. KELSEY BOTTORFF #9170: Payments, Credits and Adjustments <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> <!-- Transactions data would go here --> </table> KELSEY BOTTORFF #9170: Transactions <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> <!-- Transactions data would go here --> </table> Fees <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td colspan="3">Total Fees for This Period</td> <td>$0.00</td> </tr> </table> Interest Charged <table> <tr> <th>Interest Charge on Purchases</th> <td>$81.69</td> </tr> <tr> <th>Interest Charge on Cash Advances</th> <td>$0.00</td> </tr> <tr> <th>Interest Charge on Other Balances</th> <td>$0.00</td> </tr> <tr> <td colspan="2">Total Interest for This Period</td> <td>$81.69</td> </tr> </table> Totals Year-to-Date <table> <tr> <th>Total Fees charged</th> <td>$0.00</td> </tr> <tr> <th>Total Interest charged</th> <td>$167.05</td> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charged</th> </tr> <tr> <td>Purchases</td> <td>27.74% P</td> <td>$3,706.48</td> <td>$81.69</td> </tr> <tr> <td>Cash Advances</td> <td>27.74% P</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> Variable APRs: If you have a letter code displayed next to any of the above APRs, this means they are variable APRs. They may increase or decrease based on one of the following indices (reported in The Wall Street Journal) as described below. <table> <tr> <th>Code next to your APR(s)</th> <th>How do we calculate your APR(s)?</th> <th>When your APR(s) will change</th> </tr> <tr> <td>P</td> <td>Prime Rate + margin</td> <td>The first day of the Billing Cycles that end in Jan., April, July and Oct.</td> </tr> <tr> <td>L</td> <td>3 month LIBOR + margin</td> <td></td> </tr> <tr> <td>D</td> <td>Prime Rate + margin</td> <td>The first day of each Billing Cycle</td> </tr> <tr> <td>F</td> <td>1 month LIBOR + margin</td> <td></td> </tr> </table> Protect yourself from scams. When dealing with uninvited contacts from people, businesses, or social networking sites, always use caution. Scan this QR Code with your phone's camera to learn more or visit www.capitalone.com/stopscaams EXHIBIT 2 Master Account Sale Agreement dated March 05,2025 Account Sale Addendum dated April 16,2025 BILL OF SALE Closing Date: 4/29/2025 Capital One, N.A. ("Seller"), in consideration of a Purchase Price of [REDACTED] and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells, assigns, conveys, sets over, and transfers all right, title and interest in the Accounts identified in the Sale File entitled OMEGA.BN0016.SALES.PROD-EAST.BWHLE20250424_BN0016_customer.dat.gz OMEGA.BN0016.SALES.PROD-EAST.BWHLE20250424_BN0016_main.dat.gz OMEGA.BN0016.SALES.PROD-EAST.BWHLE20250424_BN0016_phone.dat.gz (which may be in electronic form) to Portfolio Recovery Associates, LLC("Buyer"), and including all proceeds thereof of any kind, without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to and in accordance with the terms of that certain Master Account Sale Agreement, dated as of March 05,2025, by and between Seller and Buyer (as amended, restated or otherwise modified from time to time, the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. This Bill of Sale does not amend the terms of the Agreement in any respect. The representations, warranties, covenants, agreements and indemnities contained in the Agreement shall not be superseded hereby but shall remain in full force and effect as and to the extent provided in the Agreement. The Cutoff Date for the Sale File was April 24,2025. The aggregate Sale Balance of the Accounts as of the Cutoff Date was [REDACTED] IN WITNESS WHEREOF, Seller, by its duly authorized representative, has executed and delivered this Bill of Sale as of the date first above written. CAPITAL ONE, NATIONAL ASSOCIATION By: [signature] Name: Wesley Perkins Title: Managing Vice President <table> <tr> <th>16-DIGIT ACCOUNT NUMBER</th> <td>************9170</td> </tr> <tr> <th>16-DIGIT ACCOUNT NUMBER CUST FILE</th> <td></td> </tr> <tr> <th>CNVRTED PLSTC NUM</th> <td></td> </tr> <tr> <th>ROUTER NUMBER</th> <td>************5256</td> </tr> <tr> <th>SMALL BUSINESS FLAG</th> <td>N</td> </tr> <tr> <th>CUSTOMER ROLE TYPE</th> <td>PRIMARY</td> </tr> <tr> <th>PRIMARY CUSTOMER NAME</th> <td>KELSEY BOTTORFF</td> </tr> <tr> <th>PRIMARY CUSTOMER DATE OF BIRTH</th> <td>**/**/1984</td> </tr> <tr> <th>PRIMARY CUSTOMER SSN</th> <td>***************</td> </tr> <tr> <th>PRIMARY CUSTOMER STREET ADDRESS LINE 1</th> <td>1322 N Market Ave</td> </tr> <tr> <th>PRIMARY CUSTOMER STREET ADDRESS LINE 2</th> <td></td> </tr> <tr> <th>PRIMARY CUSTOMER STREET ADDRESS LINE 3</th> <td></td> </tr> <tr> <th>PRIMARY CUSTOMER CITY</th> <td>Shawnee</td> </tr> <tr> <th>PRIMARY CUSTOMER STATE</th> <td>OK</td> </tr> <tr> <th>PRIMARY CUSTOMER ZIP CODE</th> <td>748014926</td> </tr> <tr> <th>PRIMARY CUSTOMER EMAIL ADDRESS</th> <td>*****************</td> </tr> <tr> <th>FOREIGN LANGUAGE FLAG</th> <td>N</td> </tr> <tr> <th>LARGE PRINT FLAG</th> <td>********************</td> </tr> <tr> <th>BRAILLE FLAG</th> <td>********************</td> </tr> <tr> <th>CUSTOMER HOME PHONE NUMBER</th> <td></td> </tr> <tr> <th>CUSTOMER HOME DO NOT CALL</th> <td></td> </tr> <tr> <th>CUSTOMER WORK PHONE NUMBER</th> <td></td> </tr> <tr> <th>CUSTOMER WORK DO NOT CALL</th> <td></td> </tr> <tr> <th>CUSTOMER MOBILE PHONE NUMBER</th> <td>*****************</td> </tr> <tr> <th>CUSTOMER MOBILE DO NOT CALL</th> <td>N</td> </tr> <tr> <th>CUSTOMER OTHER PHONE NUMBER</th> <td></td> </tr> <tr> <th>CUSTOMER OTHER DO NOT CALL</th> <td></td> </tr> <tr> <th>SECONDARY SMALL BUSINESS FLAG</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER ROLE TYPE</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER NAME</th> <td></td> </tr> </table> <table> <tr> <th>SECONDARY CUSTOMER DATE OF BIRTH</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER SSN</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER STREET ADDRESS LINE 1</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER STREET ADDRESS LINE 2</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER STREET ADDRESS LINE 3</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER CITY</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER STATE</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER ZIP CODE</th> <td></td> </tr> <tr> <th>SECONDARY EMAIL ADDRESS</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER HOME PHONE NUMBER</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER HOME DO NOT CALL</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER WORK PHONE NUMBER</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER WORK DO NOT CALL</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER MOBILE PHONE NUMBER</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER MOBILE DO NOT CALL</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER OTHER PHONE NUMBER</th> <td></td> </tr> <tr> <th>SECONDARY CUSTOMER OTHER DO NOT CALL</th> <td></td> </tr> <tr> <th>DATE ACCOUNT WAS OPENED</th> <td>04/06/2021</td> </tr> <tr> <th>DATE OF FIRST DELINQUENCY</th> <td>09/13/2023</td> </tr> <tr> <th>DATE ACCOUNT CHARGED OFF</th> <td>02/19/2024</td> </tr> <tr> <th>PRE CHARGEOFF LAST PAYMENT DATE</th> <td>11/14/2023</td> </tr> <tr> <th>PRE CHARGEOFF LAST PAYMENT AMOUNT</th> <td>100.00</td> </tr> <tr> <th>MOST RECENT PAYMENT DATE</th> <td>11/14/2023</td> </tr> <tr> <th>MOST RECENT PAYMENT AMOUNT</th> <td>100.00</td> </tr> <tr> <th>LAST PURCHASE DATE</th> <td>07/18/2023</td> </tr> <tr> <th>LAST PURCHASE AMOUNT</th> <td>8.99</td> </tr> <tr> <th>CHARGE-OFF TOTAL BALANCE</th> <td>3748.89</td> </tr> </table> <table> <tr> <th>CHARGE-OFF SALE PRINCIPAL BALANCE</th> <td>3014.94</td> </tr> <tr> <th>CHARGE-OFF INTEREST BALANCE</th> <td>624.95</td> </tr> <tr> <th>CHARGE-OFF FEE BALANCE</th> <td>109.00</td> </tr> <tr> <th>TOTAL SALE BALANCE</th> <td>3748.89</td> </tr> <tr> <th>SALE PRINCIPAL BALANCE</th> <td>3014.94</td> </tr> <tr> <th>SALE INTEREST BALANCE</th> <td>624.95</td> </tr> <tr> <th>SALE FEE BALANCE</th> <td>109.00</td> </tr> <tr> <th>INTEREST RATE POST-CHARGE OFF</th> <td>0.0000</td> </tr> <tr> <th>POST_CHARGE-OFF_OTHER</th> <td>0.00</td> </tr> <tr> <th>POST_CO_PMT_AMT</th> <td>0.00</td> </tr> <tr> <th>PRODUCT TYPE</th> <td>MASTERCARD PLATINUM</td> </tr> <tr> <th>BRAND AT CONVERSION</th> <td>Platinum</td> </tr> <tr> <th>PREVIOUS ENTITY</th> <td></td> </tr> <tr> <th>CURRENT ENTITY</th> <td>CONA</td> </tr> <tr> <th>MERGERPREVENTITY</th> <td>Capital One Bank (USA), N.A.</td> </tr> <tr> <th>MERGERCONVERSIONDATE</th> <td>10/01/2022</td> </tr> <tr> <th>MERGERDESCRIPTION</th> <td>Capital One, N.A. successor by merger to Capital One Bank (USA), N.A.</td> </tr> <tr> <th>LEGAL ELIGIBLE AND LEGAL PROHIBITED INDICATOR</th> <td>LE</td> </tr> <tr> <th>BANKRUPTCY CASE NUMBER</th> <td></td> </tr> <tr> <th>DATE BANKRUPTCY WAS FILED</th> <td></td> </tr> <tr> <th>BANKRUPTCY TIER</th> <td></td> </tr> <tr> <th>CCA NUMBER AT CHARGE-OFF</th> <td>M112861</td> </tr> <tr> <th>SECURED CARD INDICATOR</th> <td>N</td> </tr> </table> EXHIBIT 3 Capital One® Customer Agreement Welcome to Capital One Thank you for opening a credit card account with us. This Customer Agreement including any changes to it ("Agreement") contains the terms of your agreement with Capital One. Definitions The meanings of the terms you see in italics appear in the Glossary section at the end of this Agreement. As used here, "you" and "your" mean each applicant and co-applicant for the Account; any person responsible for paying the Account; and any person responsible for complying with this Agreement. "We," "us," "our," and "Capital One" mean Capital One, National Association; and its agents, authorized representatives, successors, and assignees. Account Documents The following documents govern your Account with us: (1) this Agreement; (2) all Statements; (3) any rewards program terms, conditions, and disclosures; (4) any privacy notices; (5) your Card benefits brochure which describes benefits provided by the Payment Card Network for your Account; (6) all disclosures and materials provided to you before or when you opened your Account; (7) any other documents and disclosures relating to your Account, including those provided online; and (8) any future changes we make to any of the above. Please read these carefully and keep them for future reference. New Offers In the future, we may provide you with new offers that we think may interest you. The terms of these offers may differ from the standard terms on your Account. This Agreement will still apply. Account Information We need information about you to manage your Account. This includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your date of birth; (4) your Social Security number or other government identification number; (5) your telephone number(s); and (6) your employment and income information. You must tell us when this information changes. We may ask you for additional documents to verify any changes. We may restrict or close your Account if we cannot verify your information, or if you do not provide it as requested. Credit Limits When you open your Account, we will tell you your credit limits. These will also appear on your Statement. We may also refer to your credit limits as your credit lines. We may give you different credit limits for the different Segments of your Account. For example, you may have one credit limit for purchases and a different one for Cash Advances. You are responsible for keeping track of your Segment balances and your available credit. You must manage your Account to remain below your credit limits. We may honor transactions above your credit limits, but if we do these transactions will not increase your credit limit. You are responsible for paying for any transaction you make above your credit limits. We may also increase, decrease, restrict or cancel your credit limit on any Segment at any time. This will not affect your obligation to pay us. Using Your Account (1) This Agreement applies whether or not you use your Card or Account. It will continue to apply even after your Account is closed, as long as you have a balance. (2) You must sign the Card immediately when you receive it. (3) You must return the Card to us or destroy it if we ask you to. (4) You must take reasonable steps to prevent the unauthorized use of your Card, Access Checks and Account. (5) We may decline to authorize a transaction for any reason. This may occur even if the transaction would not cause you to go over your credit limit or your Account is not in default. (6) We are not responsible for any losses you incur if we do not authorize a transaction. (7) We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason. (8) Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account. We will apply it against your available credit for that Segment. (9) You may obtain Cash Advances and Transfers as permitted for your Account. You may not use these to pay any amount you owe us or any other company in the Capital One organization. (10) You must not use, or try to use, the Card for any illegal activity. You are responsible for any charges if you do. (11) We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control. Rewards Your Account may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards. Access Checks We may provide you with Access Checks. If we do, we will tell you at the time if we consider them purchases, Cash Advances or Special Transfers. Only the person we designate may use Access Checks. You may not use them to pay any amount you owe us or any other company in the Capital One organization. We may reject and not pay any Access Check if: (1) your Account is past due, charged off, bankrupt, lost/stolen or closed; (2) we suspect fraud; (3) your Account is over the credit limit; or (4) the check has expired, is damaged or cannot otherwise be processed. Our liability if we do not pay an Access Check will never be more than (1) your actual damages or (2) the amount of the Access Check, whichever is less. Use of an Access Check is not the same as using your Card. When you use an Access Check, you will have fewer rights to dispute merchant transactions than with uses of your Card. Please see the "Billing Rights Summary" on your Statement and your other Truth-in-Lending Disclosures for more information. Stopping Payment of Access Checks You may request a stop payment on any Access Check by contacting Customer Service. We will have a reasonable amount of time after your stop payment request to research and complete the stop payment. We will not be responsible if we cannot complete the stop payment. Reasons include: (1) the Access Check was already paid; (2) you do not give us the information we asked for; or (3) the information you gave us was incorrect. We do not have to release the stop payment order unless the account holder who made the request asks us to. If we re-credit your Account after a valid stop payment order, you give us all of your rights against the payee or other holder of the paid Access Check. You also agree to help us in any legal action we may later take against the payee or other holder of the check. Using a PIN We may give you a personal identification number (PIN). For security reasons, you may have to provide the PIN before you are able to use your Card. Keep your PIN secure. Do not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe the confidentiality of your PIN has been compromised for any reason, you must contact Customer Service immediately. Authorized Users If you ask us to issue a Card to any other person, they are an Authorized User. We may require certain information about them. We may limit their ability to use your Card. They may have access to certain information about your Account. You will be responsible for their use of the Account and anyone else they allow to use your Account, even if you did not want, or agree to, that use. Removing an Authorized User If you want to remove an Authorized User from your Account, you must contact Customer Service and request their removal. You also must immediately destroy all Cards in their possession and cancel any arrangements they may have set up on your Account. They will be able to use your Account until you have notified us that you are removing them from your Account. During this time, you will still be responsible for all amounts they charge to your Account. You will be responsible even if these amounts do not appear on your Account until later. Authorized Users may remove themselves from your Account upon request. We reserve the right to remove them from your Account for any reason. To remove them from your Account, we may close your existing Account and issue a new Card with a new Account number. Your Promise to Pay You promise to pay us all amounts due on your Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. We will treat transactions made without presenting your actual Card (such as for mail, telephone, Internet, or mobile device purchases) the same as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes. Statements We will generally send or make available to you one Statement for all Cards on your Account at the end of each Billing Cycle. Under certain circumstances, the law may not require us to send or make available to you a Statement, or may prohibit us from doing so. Disputed Transactions You must inspect each Statement you receive. Tell us about any errors or questions you have, as described in the "Billing Rights Summary" on your Statement and other Truth-in-Lending Disclosures. If you do not notify us of an error, we will assume that all information on the Statement is correct. If we credit your Account for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction. You will also: (1) give us any information about the disputed transaction, if we ask; (2) not pursue any claim or reimbursement of the transaction amount from the merchant or any other person; and (3) help us get reimbursement from others. No Warranties We are not responsible for any claim you may have regarding the purchase of goods or services made with your Card beyond your rights described in the "Billing Rights Summary" on your Statement. Lost or Stolen Card If your Card is lost or stolen or if you think someone else may be using your Card or Account number without your permission, you must contact Customer Service immediately. You will not be responsible for transactions on your Account that we find are unauthorized. If we reimburse you for unauthorized transactions, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents in a form that we request. Interest Charges and Fees We will charge Interest Charges and Fees to your Account as disclosed on your Statement and other Truth-in-Lending Disclosures. In general, Interest Charges begin to accrue from the day a transaction occurs. However, we will not charge you interest on any new transactions posted to the purchase Segment of your Account if you paid the total balance across all Segments of your Account in full by the due date on your Statement each month. From time to time, we may give you offers that allow you to pay less than the total balance and avoid Interest Charges on new purchase Segment transactions. If we do, we will provide details in the specific offer. We will generally treat Fees as purchase transactions unless otherwise specified below. These Fees apply to your Account only if your Truth-in-Lending Disclosures provide for them. We may increase your Interest Charges and Fees as described in the Changes to Your Agreement section or in your Truth-in-Lending Disclosures. Membership Fee If your Account has a membership Fee, we may charge the first membership Fee either on the day you activate your Card or on the day when you use your Account, whichever occurs first. If your Account terms include a $0 introductory Fee, we may charge the first Fee when the introductory period ends. If it is an annual Fee, we may then charge it approximately once per year. If it is a monthly Fee, we may charge it each Billing Cycle. Late Payment Fee We may charge you this Fee if we do not receive your payment as instructed on your Statement by the payment due date. Returned Payment Fee We may charge you this Fee each time your financial institution for any reason rejects a payment you make to us. Stop Payment Fee We may charge you this Fee each time you ask us to (1) stop payment on an Access Check or (2) renew an existing stop payment order. Cash Advance Fee We may charge you this Fee each time you take out a Cash Advance. We will treat this Fee as a Cash Advance transaction. Transfer Fee We may charge you this Fee each time you make a Transfer. We will charge the Fee to the same Segment where we post the Transfer. Transactions Made in Foreign Currencies If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar amount. The Payment Card Network will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate or charge any currency conversion Fees. Minimum Payment You must pay us at least the minimum payment amount by the payment due date. Your Statement will tell you: (1) the minimum payment due, (2) your new balance, (3) the payment due date, and (4) an explanation of when the payment must reach us for us to consider it received as of that date. Returns and other credits to your Account will reduce your Account balance, but they will not change your minimum payment amount. In addition to the minimum payment, you may pay all or part of the total balance on your Account. But, you must still pay at least the minimum payment amount each month, even if you paid more than the minimum payment due on the previous Statement. We will continue to charge Interest Charges during Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that is due. If your Account is 180 days past due, is part of a bankruptcy proceeding or is otherwise charged off, the total balance is immediately due and payable. Making Payments Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable to us. We do not accept cash payments through the mail. You may not make payments with funds from your Account or any other credit account with us or any other company in the Capital One organization. You must send mailed payments to us as instructed on your Statement, unless we tell you otherwise. Other Payment Services We may make services available that allow you to make faster or recurring payments online or by telephone. We will describe the terms for using these services and any applicable Fee before you use them. You do not have to use these other payment services. We are not responsible if your financial institution rejects a payment made using our payment services. If you ask someone else to make a payment for you, we may provide that person with limited Account information necessary to set up and process that payment. We may also refuse to accept that payment. If we do accept it, you will be responsible for that payment even if a financial institution rejects it. Payment Processing We may accept and process payments without losing any of our rights. We may delay the availability of credit until we confirm that your payment has cleared. This may happen even if we credit your payment to your Account. We may resubmit and collect returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed payments, and handle similar issues. When you send us an Item as payment, you authorize us to make a one-time electronic fund transfer from your deposit account. You also authorize us to process the payment as an Item. We may withdraw the funds from your deposit account as early as the same day we receive your payment. You will not receive your Item back from your bank. We will provide additional information about this process on your Statement. We may use the information from an Item to create an electronic image. We may collect and return the image electronically. This electronic image may also be converted to a substitute check and may be processed in the same way we would process an Item. We will not be responsible if an Item you provide has physical features that when imaged result in it not being processed as you intended. How We Apply Your Payments Your Account may have Segments with different Annual Percentage Rates (APR). For example, purchases may have a lower APR than Cash Advances. If your Account has Segment balances with different APRs, here is how we apply payments in a Billing Cycle: (1) We generally apply credits and payments up to your minimum payment first to the balance with the lowest APR, and then to balances with higher APRs. (2) We apply any part of your payment exceeding your minimum payment to the balance with the highest APR, and then to balances with lower APRs. Items with Restrictive Words, Conditions, or Instructions You must mail all Items bearing restrictive words, conditions, limitations, or special instructions to: Capital One PO Box 1330 Charlotte, NC 28201-1330 This includes Items marked “Paid in Full” or similar language. This also includes all accompanying communications. If you make such a payment or send any accompanying communications to any other address, we may reject it and return it to you. We may also accept it and process it without losing any of our rights. Credit Balances We may reject and return any payment that creates or adds to a credit balance on your Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new charges. You may write to the address provided on your Statement or call Customer Service to request a refund of any available credit balance. Account Default You will be in default if: (1) you do not make any payment when it is due; (2) any payment you make is rejected, not paid or cannot be processed; (3) you exceed a credit limit; (4) you file or become the subject of a bankruptcy or insolvency proceeding; (5) you are unable or unwilling to repay your obligations, including upon death or legally declared incapacity; (6) we determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us; (7) you do not comply with any term of this Agreement or any other agreement with us; or (8) you permanently reside outside the United States. If you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, unless the law says that we must give you notice: (1) charge you Fees, or change the APRs and Fees on your Account, if provided in your Truth-in-Lending Disclosures; (2) close or suspend your Account; (3) lower your credit limit(s); (4) demand that you immediately pay the total balance owing on your Account; (5) continue to charge you Interest Charges and Fees as long as your balance remains outstanding; and/or (6) file a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts. Communications You agree that we may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Account. You agree that we may contact you at any telephone number (including a mobile telephone number that you provide us), and use an automated telephone dialing system or similar device to do so. You agree that we may monitor or record any conversation or other communication with you. Credit Reports We may report information about your Account to credit bureaus and others. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Information we provide may appear on your and the Authorized Users’ credit reports. If you believe that we have reported inaccurate information about your Account to a credit bureau or other consumer reporting agency, notify us in writing at PO Box 30281, Salt Lake City, UT 84130-0281. When you write, tell us the specific information that you believe is incorrect and why you believe it is incorrect. We may obtain and use credit, income and other information about you from credit bureaus and others as the law allows. Closing or Suspending Your Account You may contact Customer Service to ask us to close your Account. We may close or suspend your Account at any time and for any reason permitted by law, even if you are not in default. If we close or suspend your Account for any reason, you must stop using your Card. You must also cancel all billing arrangements set up on the Account. If we close or permanently suspend your Account, you must return or destroy all Cards. You must still pay us all amounts you owe on the Account. Changes to Your Agreement At any time, we may add, delete or change any term of this Agreement, unless the law prohibits us from doing so. We will give you notice of any changes as required by law. We may notify you of changes on your Statement or in a separate notice. Our notice will tell you when and how the changes will take effect. The notice will describe any rights you have in connection with the changes. Your variable APRs (if applicable) can go up or down as the index for the rate goes up or down. If we increase your APRs for any other reason, or if we change your Fees or other terms of your Account, we will notify you as required by law. The Law That Applies to Your Agreement We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement is governed by applicable federal law and by Virginia law. If any part of this Agreement is unenforceable, the remaining parts will remain in effect. Waiver We will not lose any of our rights if we delay or choose not to take any action for any reason. We may waive our right without notifying you. For example, we may waive your Interest Charges or Fees without notifying you and without losing our right to charge them in the future. Assignment This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not sell, assign or transfer your Account or this Agreement to someone else without our written permission. We may sell, assign or transfer your Account and this Agreement without your permission and without prior notice to you. Any assignee or assignees will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after we notify you that we have transferred your Account or this Agreement, we can return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable. Glossary • “Access Check” means any check we send to you to access credit from your Account. We may also refer to an Access Check as a “convenience check” or a “purchase check”. • “Account” means your Card Account with us. • “Authorized User” means a person who may use the Card, but is not responsible for the repayment of the Account. • “Balance Transfer” means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth-in-Lending Disclosures. • “Billing Cycle” means the period of time reflected on a Statement. This period may vary in length, but is approximately 30 days. You will have a Billing Cycle even if a Statement is not required. We will often specify a Billing Cycle by the month in which its closing date occurs. For example, a “March Billing Cycle” will have a closing date in March. We may also refer to a Billing Cycle as a “Billing Period”. If your Account balance has charged off, we may switch to quarterly Billing Cycles for your Account. • “Card” means any Capital One credit card associated with your Account. This includes all renewals and substitutions. It also means any other access device for your Account we give you that allows you to obtain credit, including any Account number. • “Cash Advance” means a loan in cash or things we consider cash equivalents, including wire transfers, travelers’ checks, money orders, foreign currency, lottery tickets, gaming chips, and wagers. We post Cash Advances to the Cash Advance Segment of your Account and not to your purchase Segment. • "Fees" means charges imposed on your Account not based on the Annual Percentage Rates. • "Interest Charges" means any charges to your Account based on the application of Annual Percentage Rates. • "Item" means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. This does not include an Access Check. • "Payment Card Network" means the network provider displayed on your Card. This may be Visa Inc., MasterCard International Incorporated, or any other network provider. • "Segments" means the different parts of your Account we may establish that are subject to unique APRs, pricing, or other terms. We create these parts of your Account for such things as your purchases, Balance Transfers, Cash Advances and Special Transfers. The sum of your Segment balances equals your total Account balance. • "Special Transfer" means a Transfer posted to a Segment of your Account that is not your purchase Segment or Cash Advance Segment. • "Statement" means a document showing important Account information, including all transactions billed to your Account during a Billing Cycle and information about what you must pay. We may also refer to your Statement as a "Periodic Statement" or a "Billing Statement". • "Transfers" means amounts transferred from other accounts to this Account and includes Balance Transfers and Special Transfers. • "Truth-in-Lending Disclosures" means disclosures that the federal Truth in Lending Act and Regulation Z require for any Account. This includes your application and solicitation disclosures, Account opening disclosures, subsequent disclosures, Statements, and change in terms notices.