HUNTINGTON -- A Cabell County man is suing Capitol One Auto Finance and Sentry Credit for violation of the West Virginia Consumer Credit and Protection Act.
Pakie E. Bowen claims the defendants engaged in repeated violations of the West Virginia Consumer Credit and Protection Act, causing him to suffer severe and intense emotional distress, according to a complaint filed Feb. 18 in Cabell Circuit Court.
Bowen claims the defendants caused his telephone to ring continuously, threatened him with arrest and criminal sanctions, made annoying and harassing calls to his ill mother regarding his alleged debt and engaged in telephone conversations using profane and obscene language.
The defendants had a duty not to annoy, harass and oppress Bowen in their attempt to collect a debt, and Bowen claims they breached their duties. He also claims the defendants were negligent by contacting his mother in an attempt to collect his alleged debt.
Bowen is seeking injunctive relief to prohibit the defendants from further contact; actual damages for emotional distress, annoyance and inconvenience and harassment; statutory damages for each violation of the West Virginia Consumer Credit and Protection Act; damages for the invasion of privacy; punitive damages for the defendants' intentional, reckless and/or malicious acts; and purging of any record of his alleged debt on any credit report. He is being represented by Josef A. Horter of Turner & Johns, PLLC.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 10-C-151