CHARLESTON -- A Charleston couple is suing AllCare Dental & Dentures of New York and JPMorgan Chase Bank for breach of contract and breach of implied warranty.

On July 15, 2009, Delphia M. Cole was evaluated and presented with a treatment plan for a set of permanent dentures by AllCare, according to a complaint filed March 31 in Kanawha Circuit Court.

Cole claims the treatment plan outlined the denture services could cost $2,338 and that during her visit she signed a number of documents, including a five year warranty, a contract for service and purchase of "Comfy Choice" dentures and other documents.

On July 16, Cole returned with her husband, David R. Cole Sr., to obtain financing through Chase and claim the defendant explained very little about the terms of the financing agreement.

Prior to the closing of the financing agreement, the plaintiffs were not provided with any documents that adequately explained the terms of the financing arrangement, according to the suit.

The Coles claim Mrs. Cole returned at least nine times between August and November to repair the defective and ill-fitting dentures and on the final visit in November, Mrs. Cole returned the dentures and asked for return of payments made.

AllCare kept the dentures and indicated that they would still be responsible for paying for the dentures, despite returning the product, according to the suit.

The Coles claim the defendants breached their contracts by failing to provide adequate services and failing to provide a product that conforms to the "Comfy Choice" permanent dentures that were selected by Mrs. Cole.

The Coles are seeking actual and punitive damages. They are being represented by Sara Bird and Daniel F. Hedges.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 10-C-621

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