S. Charleston woman sues Citifinancial for unlawful debt collection

By Kyla Asbury | Mar 21, 2011

CHARLESTON -- A South Charleston woman is suing Citifinancial after she claims it engaged in unlawful debt collection practices.

On Oct. 5 ,2004, Cathy L. Edens entered into a loan agreement with Citifinancial for a loan in the amount of $5,193.42, and with an annual percentage rate of 22.99 percent, according to a complaint filed March 2 in Kanawha Circuit Court.

Edens claims she was to make monthly payments of $211.81 for five years until the loan matured on Nov. 5, 2009.

Despite having paid on the loan for five years, Citifinancial continues to represent in monthly statements that Edens has an existing balance of "anywhere from over $7,000 to $6,800," according to the suit.

Edens claims Citifinancial's billing statements also provide that she is past due approximately $6,000.

On Sept. 2, 2010, Edens requested an account record from the defendant, requested that future communications be made through counsel and provided Citifinancial with her counsel's name, address and telephone number, according to the suit.

Edens claims Citifinancial has failed to provide her with an account history and that it continues to contact her directly in an attempt to collect a debt.

The defendant wrongfully converted Edens funds by withdrawing monthly payments from her account when she in fact did not owe such payments, according to the suit.

Edens is seeking actual damages and civil penalties. She is being represented by Bren J. Pomponio and Daniel F. Hedges.

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

Kanawha Circuit Court case number: 11-C-352

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