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HomeMy WebLinkAbout99-00883 COMPLAINT 1. Plaintiff is a National Banking Association located in Tilton, Ncw Hampshirc. As of January 1, 1998, Providian National Bank was mcrged into First Dcposit National Bank, and the rcsulting cntity took thc name Providian National Bank." The account that is thc subject of this lawsuit may havc becn either a First Dcposit National Bank account or a Providian National Bank account prior to the mergcr, but is now an account of the new" Providian National Bank, which is the plaintiff herein. 2, Defcndant is an individual whose address is 502 N, Walnut Street, Mount Holly Springs, Cumberland County, PA 17065. 3. At a specific instance, the Dcfendant applied for and was granted credit by thc Plaintiff at thc terms and conditions agreed upon by the parties, as is more specifically shown by thc Account Application and Agreement, true and correct copies of which are attached hereto, marked Exhibit A" and made a part hercof. 4, Defendant made purchases and/or received cash advances using said credit. 5. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement, 6, Thercafter, in brcach of obligations under the Agreement, the Defcndant failed to make pa.yments as they became due. 7. Plaintiff avers that the balance due amounts to $2,768,03. 8. Plaintiff avers that intcrest has accrued at the rate of 23.30% per annum on the balance duc from Septcmbcr 9, 1998, 9, Per thc tcrms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidatcd damages, the costs of collcction, including all rcasonable attorneys' fecs incurred in thc collection of monies owing, ~5PROVIDIAN NlIClIIcial CAPITAL CASH" Account Agreement for Evelyn G Fhmlng Your Capitel Cash ,account {the .AccD~nl.J}~ iI r~u:abI8 pcrso'loJ ~oiln lhill, allows y~u 10 ~ccess YOUl a~Cnllnl. by writing checks. In lhj~ Agreement. .you. and .you,. moan each person for whom we have opellc~ a Capital C~sh ACCDUII!.. We. . OUt. ours, and. I!S m08~ first ~cPOS11 NallDnal Bank or lIs aSSlonee. VIlU may nOI be eligible for 8n Accounl if you or a member of your household already have a cred!' account WIlh us, Provldla~ Nallonal Bank. or Pr~vldt8n Croon SerVices, Inc. Tho Account may be used only lor pet'sonlll. family. household. and charitable purposes, nod not for any businllU or cummercmJ purpose. Any uso ollhrs Account shall 1:0IIsllllll0 acceptance of Ihe Icmu of this Agrcemllfll. You and we agree as follows: SpGcl~1 Requirement of .the ~ccount: Credil Review ~rogr~m. In order to keep you Account in good slanding. you agree nOI to significantly increase the amount 01 your total debl on unucured revolvlOg accounts. ~D, ~dl reView yeur Account an~ .cred~l pro fila qualterly to oV,alualo the amount you owe relalive to the amount of your then currenl income. (We consfder an increase in debt of more than S2.000 to be Slgmflcant. unloss you have sulflclentlncome.) U we datornvne that your Account is not in good standing. your Annual Percenlage Rale may be increased. Cash Advances. Tho Account is ayailable only with the !nitialloan amounll-cash advance-I, ,This initial loan amount may include payments thai we h8ve made to other lendelrs on your behaU in ordet to transla~ your ot~er ~alan,c~~ to thIS Accounl, checks mailed to you lor tho purpose of Iransfertlng your balancos to ,lhis Accounl. and funds electronically transmitted to other lenders to transfer balances. Howe~er, II you rClect the lOll/alloan a":'l'unt ~nd have not used the Account. we will close the Accotln! and you w.llI. ~aveno obligation. If you reject the ini~i~lloan amoUn! but have used the Account. we will ~IOS8 Ihe Account and demand Hnlned,ato lull payment only of tho balance and charges nOI related to Ihe Inlllal loan amoun!. You may request additional cash advances by calling tbElIDHrcs number listed on your monthly statements. Payments. You will roceive a monthly slalement showing your oUI:ilanding balance. You will pay us in U.S. dollars [checks roost be payable at a U,S. office of the bank the chack is drawn anI at Imt the payment due as shown on your statemenl by the payment due date in accordance with payment inslructions on your monlhly statement. You may not use your convenience checks 10 make payments on your Account or to make peyments on any othl!l' acco,unt you have with us or our affiliates" T.he nlnimum paymenl ~ue w,ill norffilll!y be: 2.0% of the new balance shown on your statement pIllS the amounl of any lIas,t due payment plu,s the .amount by whIch the new b~lance exceeds your credltlllle plus fees for cettalll optional sotvlces. However. the paymenl due will nol be less than S15lunleu your new b~lallco IS less than S15. In whIch case lhe paymenl due will be the amount oftha new balancel. If your payment is more than the payment due. It will be treated as a single paymanl and none of it will be applied 10 fulure payments due. We ma'f accept late Of partial p.ayments. or payments marked .paid in luU- or marked with other restrictions, without losing our right to coUect all amounts owing undor thi, Agreement. THE MINIMUM PAYMENT IS ONLY THE REOUIREO PAYMENT. TO PAY DOWN YOUR lOAN FASTER, YOU MAY PAY MORE THAN THE MINIMUM PAYMENT OR YOU MAY SEND EXTRA PAYMENTS AT ANY TIME. Finance Charge. Finance charges begin 10 accrue on a debit when it is included in the daily balance ("Balance-) and continue unlilthe balance is reduced by a payment or credit. The Balance is reduced by payments as of the date received. and by credits lelcepl for reversals of late and miscellaneous chargesl as of the date posted. Debits other than finance charges are included in the Balance as 01 Ihe dales Ihey are posted which are as follows: cash advance checks that are identified as cashier's checks that we mailed 10 you al your request. as of seven days after the dale we print on the chack: all other checks. asof the datepresenled 10 us; funds electronically transmilled 10 other lllOders to transfer balances. asof the dale transnllled. DthOf debits (except for late. finance. and rriscellaneous charges) ara included in your Balance as ollhe date posted, Finance charges are added 10 your Balance each day and are then posled on the lasl day of the billing cyclc, To figure the daily finance charge we start with lour previous day's Balance. add all debils and subtract all credits for the current day [as explained in the paragraph abovel and ITlJltiply lhe net alOOunt by the daily periot.lic rate {see fallowing paragraph. The finance charge is then added to and includad in Ihat day's Balance. We treat a credit balance for any day as zero. We delermine the total finance charges for the billing cycle by adding together the finance chergB for each day wilhin the billing cycle. To detemine Ihe average daily balance shown on your stateme'll, add each day's Balance flnduding daily finance chargel in the billing cycle and divide by the nuniJer of days in the billing cycle. You can mtIltiply this average daily balance by the number of days in the billing cycle and by the daily periodic rate to dererm'ne the lotal amount of your finance charges for the billing cycle. In calculating finance charges. an adjustmenl will be made for any transactIon or payment that would bave affected the finance charge caleularion in a prior billing cycle had it been posted in that cycle, The balaOl.:e amounts shown on your slalement may differ from the Balances used in computing finance charges, because the lalter do not include any late or miscellaneous charges which are included in the balances shllwn on your statement. There is no period within which credit extended may be repaid without incurring a finance charge. The ANNUAL PERCENTAGE RATEI"APR"I is 23.30%. corresponding to a daily periodic rate 01 ,06384%. If you do not comply with the terms oflhis Agreement your ANNUAL PERCENTAGE RATE lAPRJ will be 23,30%. corresponding ro a daily periodic rate of .06384%. We reserve the right to change the Annual Percentago Rate calculations il you do not comply with the terms of this Agreement. Fees. We will charge your Account up to $10 for each billing cycle within which your Account balance exceeds your credit limit. (over limit fee) even if your Account is closed. We will charge your Account up to S29 for: each relurned payment check: each check you write on your Account that we return unpaid: each stop payment order or renewal of such an order; oach billing cycle within which your Account is delinquent aale chargel. If you request copies of billing statements that were first sent to you more than three fMnths earlier, we may charge a handling fee of $2.00 for each copy, Default You will be in default: if you were not eligible for the Account at the time it was opened; if you fail 10 co~ly with any part of this Agreement; if any informatian you gave us proves 10 be incomplete or false: upon your death. bankruplcy, or inSOlvency; if you fail 10 pay olher debts when due; if a bankruptcr petition is filed by or against you; or il we believe in good faith that you may not payor perform your ohligations under this Agreement. On your default we may. without further demand or notice. cance your credit privileges. declare your Account balance immediately due and payable. ilnd invoke any remedy we may have. In the event of your default. the outstanding balance on your Account shall continue to accrue interest at the APR(s) disclosed in the Finance Charge sectlo~ of Ihis Agreement. cven If we hal/t! sued you to collect the amount you owe. Credit line. Your credit line is specified from lime to time in a seperate notice. We may increase 01 decrease your credit line based on informatian we obtain from you or your credilrecords. Your available credil is normally the difference between your credit line and your Account balance flncluding Iransactions made or authorized but not yet posted), If you send us a large paymenl check, we may ffnit your available credit while we confirm thallhe check will clear, For certain transactions. available credit may be less, Vou will not use your Account for, and we may refuse to honor. any transaction which would causa you to exceed your available credit. Promis& to Pay. You promise to pay us when due all amounts borrowed when you or someone else usa your Account (even if the amount charged exceeds your perrnssion), all other transactions and charges 10 your Account. and collection costs we incur including. but not limited to. reasonable attorney's fees and court costs. 1II you win lhe suil. we will pay your reasonable attorney's fees and court costs,l Changes, We may change any part of this Agreement or add or remove re~uirernents alter notice as required by law, If we change the Finance Charges section of Ihis Agreement. the new finance charge calculation will apply to your whole Accounl balance from the effective date ollhe change. whether or oOllhe balance includes items Dosfed to vour Account before the channe date and whelhar or not you continue to use the Account. Cancellation of Account Al any time after at least 30 days nOlice 10 you. or without nOlice if permitted by law. we may cancclthe Account and your credit priVileges. It your Account is cancelled, finance charges and olher fees will continue to be assessed, payments will continue to be due. and all other applicable provisions of Ihis A~reernent will remain in effect. You may cancel your credIt privilBiles by notifying us in writing and paying your entire slatement balance by the payment due dale on the statement which includes your fmal checks, cash advances, charges. and fees, You will Slill be responsibla for paying any accrued finance charges. II your credit privileges are cancelled you may no longer write checks on your Account, and you should destroy any unusl!tl checks we have imed to you, Personal Information: Documents. You will give us at least 10 days notice if you change your name. home or mailing address. telephone nUlMers. efT1lloyment or income. You will profT1ltly give us information about your financial affairs if we ask for;t. We may.ger such information from others, including credit reporting agancies. and provide your address llr.d information about your Account 10 others. 'Ne ma also share sllch information with our affiliates. However au ma write 10 us at an time instruclin us nOllo share credit information with our affiliates, If you fail to fulfill any of your obhgallons un er t IS greement. a negatlve er It report ro ecrmg on your cre II recor may e su mtte to ere It reportmg agencIes. Customer Service: Unaulhorized Use, loss, or Theft of Checks. You will safeguard all cbecks issued to you trom thefl. If you distover or suspect thai any unused checks are lost or stolen, or that there mar be an uneuthorized transaction on your Account, you ~i11 notify us promptly by telephoning 1.800.964.921~. y~u will ph9ne. even thouBh you may notify us .in w~ting. s~ we can act fast to limit losses and liability. If you report or we suspect unauthorrzed use of your Account. we may suspend your credit pnvllegcs until we resolve the problem 10 our satisfaction. To ur4lrove customer service and securilY, you agree that your caUs maybe monitored or recorded. Stop P~yment Orders, If you wish to stop payment on a check. you may send us a stop payment order by writing to us. at our address for cuslomer servi~e li~ted on your bill. You can make 11 SlOP payment order orally by calling the number listed on your slatement. When you meke a stop payment order. you must pro~lde your Account nunter and speCific IOfonMtlQn obouttho check: lhe exact amounl, the date on the check. the name of the party to whof!1 it w~s payabl,e, the naf!lC of. the ~er~n who .signed it, and the check nuf!1ber. You will be asked to conf~rm an or~1 stop pRymant order in writing We ma disre ard ollr oral order if we do not receive a 51 ned wntlel1 COnflfrT18tlOn wllhrn two weeks after the oral order or If yeu have not adequately de!cnbed the Item so that payment can be stoppe V our compuler. e or er WI not e e CCtlVI! I t e c ec was pal y us a ore WI! a a reasona e opporrunlly to act on the order. We may, without liability. disregard a written stop payment order six months after receipt unless it is renewed in writing. 5851 0598 Z578 ~ >- en [; ~ In ,..:: ~ c~ <- wO .:'j .-r -'" :3;~ U",- a-() - '--r l~_. u.. 0'-' C':; ::J lC ID ,'. ;- ~.' ~'(, ~~? lUG. -~-' ..::... ::::itt, en ;~I ~ ::: LJ..::_/_ LW i,.!.!U-J 1-== u.. !!]C'_ LL ~,,..:: 0"> ::J 0 a-. (,) () ~<)~ 4~ ~ ~ ~ ~ ~ ~ <<> A ~ ~~ >- 0' "- ex; t:: ,'" '- ,- N 0;) w8 <;;1('; ~ .......>: ~, ,~ .- f-'--', ~:-?~ ~)f:- (._, lJ') Qe. I .....-.:7 UJU. r::Z =lltl c::: U.lL!.J u.. :t; CL. ~{J (.L /- oct 1.1- cr> 5 0 c,-. 0 I I i I I I