CHARLESTON – A Nitro couple says they were duped by a Charleston car dealership and others when purchasing a used truck.
David Childers and Miranda (Lovejoy) Childers filed their complaint in Kanawha Circuit Court against Transportation Network V LLC, Exeter Finance LLC and Comprehensive Auto Resources Company Inc.
According to the complaint, the couple purchased a 2016 Dodge Ram 2500 SLT truck at Todd Judy Ford on January 30, 2023. The truck was sold "as is" and did not have a state inspection sticker on it when they looked at the truck on the lot. They say salesman Jimmy R. McCallister III told them the truck had modifications to the exhaust system that would pass inspection, but they say no written list of these modifications were provided.
The couple claims the mathematical figures in the two agreements (the Purchase Agreement and the Sales Contract) they signed are inconsistent. They also say they were not given a "Used Car Buyer's Guide" as promised in the contract, and they say they were rushed through the signing of two "as is" documents and were not given copies of all documents.
They also claim the dealership added a $499 (plus tax) document fee and a $1,500 (plus tax) optional charge for road hazard tire warranty as well as a $995 (plus tax) GAP contract with CARco. They say they made a down payment of $17,000 in addition to $21,000 trade-in value for their 2016 Suburban K1500 on the purchase of the Ram, which was listed at $44,590.
But, they say the sales installment contract listed the amount financed as $36,793.73 with an interest rate of 23.73 percent.
In all, the couple alleges the contract says they would end up paying $82,503.16 on top of a down payment of $12,517.
Also, the couple says Todd Judy Ford refused to inspect the truck the day after they purchased.
"A woman sales manager ran plaintiffs off the lot and her statements indicated that it was illegal for Todd Judy Ford to inspect the subject Ram truck and put an inspection sticker on it because of the illegal exhaust leak and/or illegal exhaust modifications," the complaint states.
The couple says a worker at another inspection station told them the exhaust modifications were illegal and wouldn't pass inspection, and they also were told the tires wouldn't pass state inspection.
They seek compensatory damages, punitive damages, interests, court costs, attorney fees and other relief. They also want the contract canceled.
The couple is being represented by Clinton W. Smith of Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 24-C-6
