BECKLEY – A Raleigh County couple has filed a class action lawsuit against Atkins & Ogle Law Offices alleging it violated the West Virginia Consumer Credit and Protection Act.
Jamie D. Thornton and Russell P. Thornton entered into a retail installment sales contract and security agreement with Wells Fargo Financial on July 3, 2006, to purchase and finance a used motor vehicle, according to a complaint filed Sept. 6 in Raleigh Circuit Court.
The Thorntons claim they subsequently defaulted on the contract and the vehicle was repossessed and sold at a private sale on March 30, 2010.
The plaintiffs received a written explanation of the calculation of the deficiency from Wells Fargo after the sale of the collateral by letter dated April 1, 2010, establishing a deficiency balance due of $10,220.37 and, on May 19, 2011, Wells Fargo assigned and/or sold the rights under the contract to Autovest, according to the suit.
The Thorntons claim after Autovest obtained the assignment of the former Wells Fargo debt, it retained Atkins & Ogle to collect the alleged debt.
Atkins & Ogle engaged in an attempt to collect the alleged debt by sending collection letters, placing telephone calls and otherwise attempting to collect the alleged debt, according to the suit.
The Thorntons claim Atkins & Ogle then filed a civil action against them on July 29, 2014, seeking to obtain judgment against them.
Atkins & Ogle violated the West Virginia Consumer Credit and Protection Act and constitutes common law abuse of process, according to the suit.
The Thorntons are seeking compensatory damages. They are being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard; and Jonathan R. Marshall of Bailey & Glasser.
Raleigh Circuit Court case number: 16-C-574