Woman says GM Financial breached its contract

By Kyla Asbury | Mar 19, 2013

HUNTINGTON – A woman is suing GM Financial after she claims it breached its contract with her and violated the West Virginia Consumer Credit and Protection Act.

GM Financial is doing business as Americredit Financial Services Inc.

Toni Redmiles financed a 2006 Jeep Liberty through the defendant, according to a complaint filed March 13 in Cabell Circuit Court.

Redmiles claims in 2010, she suffered a financial hardship and the vehicle was repossessed and she immediately contacted GM to arrange to have the vehicle returned once the arrearage was paid in full.

When Redmiles paid off the arrearage and re-obtained the vehicle, the defendant failed to take the steps necessary to ensure that she received the title to the vehicle, according to the suit.

Redmiles claims because the defendant failed to do so, she was unable to register her car.

When Redmiles contacted the defendant to request additional information that would allow the Department of Motor Vehicles to transfer the title so that she could use the vehicle, the defendant then failed to provide her with the necessary information to ensure that the title was transferred, according to the suit.

Redmiles claims after she incurred an indebtedness to the defendant, it began to engage in collection of the indebtedness through telephone calls and written communication and she retained counsel to represent her in connection with the alleged debt.

Despite informing the defendant of her counsel and providing GM with her counsel’s contact information, the defendant continued to call Redmiles multiple times, according to the suit.

Redmiles claims the defendant’s actions violated the West Virginia Consumer Credit and Protection Act.

The defendant also breached its contract with Redmiles by failing to provide her with the requisite information to ensure the title would be transferred, which caused her damages, according to the suit.

Redmiles is seeking actual, general, statutory and punitive damages and a preliminary and permanent injunction enjoining the defendant from repossessing the vehicle. She is being represented by Hoyt Glazer and Jed Nolan of Legal Aid of West Virginia.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-157

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