Ronald W. Hardin entered into a retail installment sales contract and security agreement with Sheets Chrysler Dodge on Nov. 18, 2008, to purchase and finance a motor vehicle, according to a complaint filed in Raleigh Circuit Court.
Hardin claims he subsequently defaulted on the retail installment sales contract and security agreement and the motor vehicle securing the loan was repossessed by Fifth Third Bank prior to Oct. 21, 2010, and sold at a private sale on or prior to Nov. 16, 2010.
Fifth Third Bank retained Atkins & Ogle to collect the alleged deficiency after sale of the repossessed motor vehicle and Atkins & Ogle placed telephone calls to Hardin, sent him collection letters and filed a civil action against Hardin on Jan. 5, 2015, according to the suit.
Hardin claims the defendant violated the West Virginia Consumer Credit and Protection Act and that it failed to provide him of the disclosures required by West Virginia Code.
Atkins & Ogle filed to civil action more than four years after he defaulted upon the agreement, according to the suit.
Hardin is seeking compensatory damages. He is being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard.
Raleigh Circuit Court case number: 16-C-530