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HomeMy WebLinkAbout12-7427IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff v$. SERGIO ONEGLIA 23 E WINDING HILL RD MECHANICSBURG PA 17055-5617 Defendant CIVIL ACTION yak ~vi1 NO: ~ ~ ~~ c~> ~ ~r ~~ ~~ ~ N E:7 rn ~ ~ x'4`1 ~ .,,~ 3~ _ o e ~~ r ~ -~ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 C~ } ~~u3.`~S ~ ~` ~`1 a~` ~ ~~ s~ C~~ agy~~o ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff CIVIL ACTION vs. NO: SERGIO ONEGLIA 23 E WINDING HILL RD MECHANICSBURG PA 17055-5617 Defendant X k f COMPLAINT Plaintiff, CAPITAL ONE BANK (USA), N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, CAPITAL ONE BANK (USA), N.A. , (hereinafter "Plaintiff') is a corporation with a principal place of business located at 4851 COX ROAD GLEN ALLEN, VA 23060. 2. The Defendant SERGIO ONEGLIA (hereinafter "Defendant") is an adult individual residing at 23 E WINDING HILL RD MECHANICSBURG PA 17055-5617. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by CAPITAL ONE BANK (USA), N.A. with the account number ending in 4251. 5. Use of the CAPITAL ONE BANK (USA), N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. (A copy of this document has been requested from Capital One Bank (USA), N.A. and will be provided upon receipt). 6. Defendant used the CAPITAL ONE BANK (USA), N.A. credit card account number ending in 4251, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The Defendant last made payment on Apri16, 2012. 10. The total amount due and owing the Plaintiff including interest, is $19,445.32. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $19,445.32 plus costs of suit and any other relief as the Court deems just and appropriate. $dwin A: Abrahams & Assoc. Michael F. Ratchfor ,Esquire Attorney I.D. Nos.: 6285 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, CAPITAL ONE BANK (USA), N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. Capital One® Customer Agreement Welcome to Capital One Thank you for opening a credit Card Account with us. This Customer Agreement {"Agreement") contains the terms for your Capital One credit Card. Some Definitions. The meanings of the terms you see in italics appear in the Glossary Section. To make the Agreement easy to understand, we will also use the following persona[ pronouns: "You," "your" and "yoursel#" mean each applicant and co- appiicant for the Account; any person responsible for paying the Account; and anyone You authorize to use, access or service the Account. It also includes an Authorized User as defined in the Glossary Section. "VVe," "us," "our' and "Capital One" mean Capital One Bank {USA), National Association; and its agents, authorized representatives, successors, and assignees. Account Documents. Your Account with us is governed by the following documents: {1) this document; (2) all Statements; (3} all rewards information and documentation if your Account has rewards; (4) any Privacy Notices describing our limitations on sharing information about you with others; (5} your Card benefits brochure which describes benefits provided by the Payment Card Network for your Card and Account. The most current version of your Card benefits brochure wi[I replace all prior versions; (6) the "Security" Agreement if you have a secured Card; {7) all disclosures and materials provided to you before or when you opened your Account, including Truth in Lending Disclosures; (8) all other documents and disclosures relating to your Account including those provided online; and (9) any future changes we make to any of the above things. Please read #hese carefully and keep them for future reference. An image of any of these can be used instead of the original. New Offers. In the future, we might make new offers to you or forward offers from others that we think you might be interested in. These offers may have new or different terms and documentation for these offers will be provided when we make you the offer. If you accept the offer, your previously disclosed terms will still apply except as modified by the offer. Account Information. We need information about you to manage your Account. The information we need includes: (t) 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. Please upda#e your address in the manner provided on your Statement. You may also update some of this information by logging onto yourAccount on our website or by calling one of our representatives at the telephone number provided on your Statement or on the back of your Card. We may require you to provide additional documents that are acceptable to us to verify this information or any changes. We maintain the right to restrict or close your Account if your information cannot be verified or if you do not provide additional information as requested. Credit Limits. When you open your Account, you will receive your credit limits. These will also appear on your Statements. We might 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 might have a different credit limit for purchases than for Cash Advances. You are responsible for keeping track of yourAccount balances and your available credit limits. Do not allow your Account to go over any credit limit even if you have authorized us to charge you an overlimit Fee for doing so, as described in the Interest Charges and Fees section. We may still honor transactions above your credit limits, but our honoring of these transactions will not increase your credit limit. 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. You promise to follow the terms of this Agreement as Long as yourAccount remains open or has a balance. Please sign the Card immediately when you receive it. The Card is valid during the dates provided on the front. The Card is our property, and you will return it to us or destroy it if we ask. You will take reasonable steps to prevent the unauthorized use of your Card and Account. We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject any transaction for any reason. Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account and apply it against your available credit limit for the Account and Card for that Segment in each Billing Cycle. You may also obtain Cash Advances and Transfers if they are permitted for your Account. Unless we agree, you may not use a Transfer to transfer amounts from other Accounts with us or any other company within the Capital One organization. You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In addition, these transactions will be subject to this Agreement, and you might have to reimburse the Payment Card Network and us for all damages and expenses. From time to time, due to circumstances beyond our control (such as system failures, fires, floods, natural disasters or other unpredictable events) our services might be unavailable. When this happens, you might be unable to use your Card or obtain information about yourAccount. We will not be responsible or liable if this happens. Rewards. Your Account might provide you with the opportunity to earn rewards. If it does, we will separately provide you with all information and terms about our rewards. We will include on your Statements aII rewards you have earned. It might take up to two Billing Cycles for your earned rewards to appear on your Statement. Using Your Access Checks. When we provide you with Access Checks, we will tell you whether we will treat them as purchases, Balance Transfers, Cash Advances or Special Transfers. Only the person we designate may use Access Checks. Access Checks may not be used to pay any amount you owe us or any other company within the Capital One organization. We may reject and not pay anyAccess Check for any reason. Some examples of reasons why we may reject and not pay include: yourAccount is delinquent, charged-off, bankrupt, lost/stolen or closed; our fraud syystem prevents the offer fulfillment; yourAccount is overlimit; or the checks have expired. Any liability for our wrongful dishonor of an Access Check will be limited to your actual damages and will not exceed the amount of the Access Check. When you use an Access Check, you will have fewer ri hts to dispute merchant transactions than with other uses of your Card. Please see the "Billing Rights Summary" part of 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 us as provided on your Statement. We may charge you a Fee to stop payment as described in the Interest Charges and Fees section. If you call us to stop payment, you must also send to us a written request within 14 calendar days. We will have a reasonable amount of time after your stop payment request to research the situation and complete it. We will not be responsible if we cannot complete the stop payment because the Access Check was already paid, you do not give us the information we asked for or the information you gave us was incorrect. If we cannot stop payment for these reasons, we may still keep the stop payment Fee. Once we complete a stop payment, we do not have to release the stop payment order unless the same person asks us to. If we re-credit your Account after paying an Access Check following 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 actions we might later take against that person. Using a P1N. We may give you a personal identification number (PIN). For security reasons, you might have to provide the PIN before you are able to complete some transactions using the Card. With a PIN, you may use your Card to: (1 }obtain cash from certain automated teller machines (ATM) or (2) make purchases at certain merchant or retailer point-of-sale devices {POS). You may do these things if the ATM or POS requires entry of a PIN and displays the logo of the Payment Card Network on your Card. We will treat all ATM transactions as Cash Advances and all POS transactions as purchases. You should keep your PIN secure and not write it down, give it to anyone, or keep it with your Card. !f u lose your Card or believe that someone has gained unauthorized access to your PIN, you must contact us immediately. Authorized Users. You may ask us to add one or more Authorized Users with additional Cards on your Account. I# we agree to your request, we will need certain information about the Authorized User to manage your Account. This will be the same information you provided about yourself as described in the Account Information Section. We may limit an Authorized User's ability to initiate certain transactions. If we do, we will tell you about these limitations before adding any new Authorized User on yourAccount. Once we add an Authorized User to yourAccount, we may discuss your Account with them and provide them with Account information. You will be responsible for the Authorized User's use of the Card and yourAccount as well as anyone else they allow to use your Card or Account. This will be true even if you did not want, or agree to, the use. Removing an Authorized User. If you want to remove an Authorized User from the Account, you must contact us as provided on your Statement and request their removal. We will have a reasonable amount of time after your request to research the situation and remove them. You also must immediately destroy all Cards in their possession and cancel all of their billing arrangements to the Account. We will not do this for you. During this time, you still will be responsible for alt amounts they charge to the Account. You will be responsible even if these amounts do not appear on the Account until later An Authorized User may remove themselves from the Account upon request. We may close your existing Account and/or issue a new Card with a newAccount number. Your Promise to Pay. You promise individually and jointly to pay us all amounts due on yourAccount. This includes amounts where you did not sign a purchase slip or other documents for the #ransaction. If you use your Card number without presenting your actual Card {such as for mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If yyou let someone else use your Card, you are responsible #or all transactions that person makes. Your promise to pay us will apply to your estate if you die. Statements. We will send you one Statement for all Cards on your Account unless the law does not require or permit us to send a Statement. Statements will be sent at the end of each Billing Cycle when yourAccount has a debit or credit balance of more than $1.00, or if we have charged any lnteresf Charges to yourAccount. Your Statement will show all transactions billed to yourAccount during the Billing Cycle along with other important Account information. Disputed Transactions. You must inspect each Statement you receive and tell us about any errors or questions you have as described in the "Billing Rights Summary' part of your Statement and other Truth in Lending Disclosures. If you do not notify us as provided in those disclosures, we may assume that all information in the Statement is correct. If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for a!I or part of the disputed amount, you give us all of your rights against that other person. You also will: {1) give us any merchandise or other purchases you received in connection with the disputed amount if we ask; (2} not pursue any claim or reimbursement from the merchant and that other person; and {3) help us pursue and get reimbursement from the merchant and that other person; your help includes giving us documents that we ask for and that are acceptable to us. Interest Charges and Fees. We will charge nterest Charges and Fees to your Account as disclosed to you in your Statements 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 balances posted to the purchase Segment of yourAccount provided you have paid your previous balance in full by the due date. We will treat the following fees as purchase transactions unless otherwise specified below. These Fees apply to your Account only it they are provided in your Truth in Lending Disclosures. We may increase your Interest Charges and Fees as described in the Changes to Your Agreement section or in your Truth in Lending Disclosures. • Membershio Fee We may charge you this Fee as early as your first Billing Cyde or the first Billing Cycle after this Fee becomes effective. 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 once in each Billing Cycle. This Fee is payable in advance even if you do not use your Account. • Late Payment Fee We may charge you this Fee if we do not receive your payment in time for us to credit it by the due date shown on your Statement. • Overlimit Fee. It you agree, we may charge you this Fee when a transaction causes you to go over or remain over any of your credit limits during any Billing Cycle. We may also charge you two additional fees if your balance remains over your credit limits as of the payment due date in future Billing Cycles, You will only pay one Fee per Billing Cyde, even if you go over your limit multiple times in the same cycle. • Returned Payment Fee. We may charge you this Fee each time any payment you make to us is not paid by your financial institution for any reason, even if that institution later pays it. • Returned Access Check F e We may charge you this Fee if we do not pay an Access Check for any reason, including when your Account is in default, overlimit, suspended or closed. • Stop Payment Fee We may charge you this Fee each time you request us to stop payment on an Access Check or you renew an existing stop payment order as provided in the Stopping Payment of Access Checks section. • Copying~e. We may charge you aper--page Fee for copies of transaction documents or Statements unless they are required in resolving a billing dispute. • Cash Advance Fee We may charge you this Fee each time you obtain a Cash Advance. This Fee will be treated as a Cash Advance transaction. • Transfer Fee. We may charge you this Fee each time you obtain a Transfer. This Fee will be treated either as a Special Transferor purchase transaction depending on the Segment in which the Transfer posts. 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 currency conversion procedures in effect when it processes the transaction. The conversion rate in effect on the processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate or charge any additional currency conversion Fees. No Warranties. Except as otherwise provided in the "Billing Rights Summary" part of your Statements, we are not responsible for any claim you might have regarding the purchases of goods or services made with your Card. Merchant Re#unds. If you are entitled to a refund for goods or services purchased with your Card, you will accept these refunds as credits to the purchase Segment of your Account. We do not control when a merchant sends us your refund. We will also have a reasonable amount of time after we receive your refund to process it. Minimum Payment. Your Statement will provide instructions for making payments, including the amounts due and the due date for receiving your payment. If applicable, your Statement will also include a minimum payment amount. To avoid a late payment Fee, you must pay us at least this minimum payment amount by the due date provided in the Statement. If you have agreed to incur fees for doing over your credit limit, be aware that paying only the mirnmum payment amount might not be enough to avoid an overlimit Fee. In addition to the minimum payment, you may pay all or part of the total balances on your Account. However, you must still pay at least the minimum payment amount each month, even if you paid greater than the minimum 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, part of a bankruptcy praceedmg or otherwise charges off, the entire balance is immediately due and payable. Making Payments. Your payments must be in U.S. dollars from a U.S deposit account and otherwise be acceptable to us, We do not accept cash payments through the mail. You may not make payments with funds from yourAccount or any other credit account with us or any other company within the Capi#al One organization. Mailed Payments. You must mail payments to us at the address provided on your Statement or as otherwise instructed by us or our agents. We will credit it to your Account on the day we receive it, if: {1) you send the payment coupon included with your Statement in the same envelope with your payment; {2} you include yourAccount number on your payment; and {3} your payment arrives at the address indicated on the pa ment coupon in our processing center by the time indicated on your Statement. If your due date occurs on a day on which we do not receive payments, any payment received the next day which conforms to the above requirements will not be treated as late. Please allow at least 7 days for postal delivery. Unless we or our agents specifically instruct you to remit payment in a different manner, payments received at any other location or in any other form might not be credited for up to 5 days. This might cause you to be charged late payment fees and additional Interest Charges. Faster Payment Services. We may make services available that allow you to make faster payments through a customer service representative using a telephone, the Internet or other payment system. We will describe the terms for using these services before you use them. You do not have to use these other payment services, and we may charge you a Fee for using them. If we do, we will tell you the amount of the Fee at the time you request the service. We are not responsible if a payment made using our pa ment services is rejected or not paid. Even if it is, we may still keep the Fee. If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if you made it. We may refuse to accept any payment made by someone else for our Account. If we accept a payment made by someone else fyor your Account, you will be responsible for the payment made even if that payment is rejected or not paid. Payment Processing. We may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, we may delay the availability of credit until we confirm that your pa ment has cleared. We may resubmit and electronically collect returned payments. We may also adjust your Account as necessary to correct errors, #o process returned and reversed payments, and to handle similar issues. When you provide an Item as payment, you authorize us either to use information from your Item to make a one time electronic fund transfer from your deposit account or to Process the payment as an Item. We will provide additional information about this process on your Statement or other documents we send you before your payment. You may contact us and ask that we not process your future Items in this way. When you provide an Item as payment, it might also be converted into an electronic image and collected and returned electronically These electronic images may also be converted to substitute checks: 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. We apply your minimum payments to lower Annual Percentage Rate balances before higher ones, We apply any portion of your payment, in excess of your minimum payment, to higher Annual Percentage Rate balances before lower ones. Items with Restrictive Words, Conditions or Instructions. All Items that have restrictive words, conditions, limitations or special instructions added (including Jtems marked with the words "Paid in Full" or similar language) and all accompanying communications must be mailed to and received at: Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. If you make your payment or send any accompanying cormunications to any other address, we may accept and process the payment without losing any of our rights. Credit Balances. We may reject and return to you any payment that creates 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 amounts billed to yourAccount. You may contact us as provided on your Statement and request a refund of any available credit balance. If you contact us in writing, we will refund your credit balance within 7 Business Days from our receipt of your written request. Account Default. We may consider you in default of your Agreement with us 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) a bankruptcy or other insolvency proceeding is filed by or against you; (5) you die or are legally declared incompetent or incapacitated; (5) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise teed 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. For certain actions, including changing the rates and Fees on your Account, our options appear in our original offer materials when you opened yourAccount. Remember, paying the Fees charged .in connection with a default will not by itself cure the default. In addition, if you are in default, we may take the following actions without notifying you, unless the law says that we must notify you: (1) close or suspend your Account; (2) lower yout~credit limits; (3) increase your minimum payment; (4) demand that you immediately pay the entire balances owing on yourAccount (for example, as described in the Minimum Payment section); (5) continue to charge you Interest Charges and Fees as long as your balances remain outstanding; and/or (6) pursue any other action against you that the law allows, which includes the filing of a lawsuit against you. You must pay us all of our collection expenses, attorneys' fees and court costs unless the law does not allow us to collect these amounts. Communications. We may contact you from time to time regarding your Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may: (1 }contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (2) contact you using an automated dialing or similar device (3} contact you at your home and at your place of employment; {4} contact you on your mobile telephone; (S) contact you at any time, including weekends and holidays; (6} contact you with any frequency; (7} leave prerecorded and other messages on your answering machine/serviceond wi#h others; and (8) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it. Our contacts with you about yourAccount are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodiaier and can also leave prerecorded and other messages. We may do these things whether we con#act you or you contact us, If you ask us to discuss your Account with someone else, you must provide us with documents that we ask for and that are acceptable to us. Credit Reports. We may provide information about you and the Account to consumer (credit) reporting agencies and others as provided in our Privacy Notices. Information we provide might appear on your and the Authorize Users' credit reports. This could include negative information if you do not comply with the terms of this Agreement. We may obtain and use credit and income information about you from consumer (credit) reporting agencies and others as the law allows. Closing or Suspending Your Account. You may ask us to close your Account by calling or writing us as described on your Statement. Your Statement will provide additional information about #his process, and we may also separately provide you with additional details after your request. This might include payment information. If you use your Card or charges post to your Account after you ask us to close it, we may keep it open or reopen it. We may close or suspend your Account and your right to ob#ain credit from us. We may do this at any time and for any reason, permitted by law, even if you are not in default. A suspension of your Account might be permanent or temporary. If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all billing arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must still pa us all amounts you owe on the Account, even if they are charged after your Account is closed or suspended. Lost or Stolen Card. You will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Card is lost or stolen or if someone else might be using it vii#hout your permission, you must tell us at once. You may tell us by calling the telephone number on the back of your Card or on your Statement or by writing us at the address on your Statement. You will not be responsible for charges made to your Account that are found by us to be unauthorized. If we reimburse your Account for unauthorized charges made using your Card, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us. 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. If we do notify you of changes, we will send you a separate notice or inform you on your Statement. We may send this notice to you electronically as permitted by law. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes. Your variable Annual Percentage Rates (if applicable) can go up or down as the index for the rate goes up or down. If we increase your Interest Charges for any other reason we will notify you in writing. If we increase your Fees or other terms of your Account we will notify you in writing and inform you of your options in advance, including the right to opt out of some of these changes. We may increase your Interest Charges for new transactions and your Fees after the first year of the Account. Also, if your payment is not received within 60 days after the payment due date, we may increase your Interest Charges and Fees for existing balances and new transactions at any time. We may change any other terms of your Account at any time. 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 will be interpreted using Virginia law. Federal law will be used when it applies. You waive any applicable statute of limitations as the law allows. Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Virginia or the jurisdiction where you live. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect. Waiver. We will not lose any of our rights if we delay taking any action for any reason or if we do not notify 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. We may always enforce our rights later and may take other actions not listed rn this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. A551gnment. This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They 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 you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. Glossary. •';4ccess Check" means any check we send to you to access 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 one or mare persons 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 a period of time that might vary in length but is approximately 30 days. The specific period of time is described on each Statement. However, 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 as provided on the Statement. 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 to your Account. •"Business Day" means any day in which Capital One's offices are open for the processing of payments and credits. •"Card" means any Capftal One credit Card associated with your Account, which includes all renewals and substitutions. It also means any other access device for your Acmunt we give you that allows you to obtain credit, including anyAccount number and any Access Check. •"Cash Advance" means using the Card to obtain loans in cash or things we consider cash equivalents. Cash equivalents include wire transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the Cash Advance Segment of your Account and not to your purchase Segment. • "Fees" means charges imposed on your Account that are 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 Visa Inc., MasterCard International Incorporated, or any other network provider displayed on the Card. • "Segments" means the different parts of your Account we may establish that are subject to unique pricing, grace periods or other terms. We create these parts of your Account for such things as your purchases, Cash Advances and Special Transfers. • "Specia[ Transfer" means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase Segment. • "Statement" means a document or information we provide to you showing Account information including, among other things, transactions made to your Account during a Billing Cycle. We might also refer to your Statement as a "Periodic Statement" or a "Billing Stafement." -"Transfers" means balances transferred from other Accounts to this Account and includes Balance Transfers and Special Transfers. •"Truth in Lending Disclosures" means any Account information we provide to you that is required by the federal Truth in lending Act and Regulation Z. These include your application and solicitation disclosures, Account opening disclosures, subsequent disclosures, Statements and change in terms notices. 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