West Virginia Record

Monday, February 24, 2020

Woman sues Ramey Motors for violating Truth in Lending Act

By Kyla Asbury | Nov 21, 2016

Law money 05

BECKLEY – A woman is suing Ramey Motors Inc. after she claims it listed her as a primary purchaser of a vehicle when she had only agreed to cosign for her grandson.

Betty J. Worrell, 86, is a widow who lives on a fixed income of Social Security survivor benefits and a pension from her late husband, according to a complaint filed Sept. 28 in Raleigh Circuit Court and removed to federal court on Nov. 10.

Worrell claims she owns a fully-paid for Buick that is used for the very limited driving she does, which is not more than 10 miles for groceries and the bank) and that she was not in need of a vehicle.

On April 11, Jerome Walker, the plaintiff’s grandson, went to Ramey to inquire about purchasing a 2012 Buick Enclave and an employee of Ramey contacted Worrell by phone and represented that her grandson needed a cosigner, according to the suit.

Worrell claims in order to induce her into signing as Walker’s cosigner, the employee represented that the grandson had a trade-in to be applied as a down payment and that the total financing for the vehicle was approximately $12,000, and the employee further assured her that she could be a cosigner for the financing.

The defendant sent an agent to Worrell’s residence to have her sign several documents and the signing was rushed and there was no explanation of any of the documents, according to the suit. The defendant also did not provide a copy of the documents for Worrell.

Worrell claims in May she began receiving billing statements from Ally Finance for the loan and in July, she received the registration for the vehicle, which listed her as the owner.

The plaintiff was shocked and upset at the discovery of the defendant’s fraud and contacted Ally Finance about the payoff of the vehicle and sent a check to Ally to pay off the loan in the amount of $22,800, depleting her savings in the process, according to the suit.

Worrell claims she suffered significant worry and stress proximately caused by Ramey and continues to do so as a result of depleting her savings.

The defendant violated the Truth in Lending Act and caused Worrell damages, according to the suit.

Worrell is seeking compensatory and punitive damages. She is being represented by Bren J. Pomponio of Mountain State Justice.

Ramey is represented by Geoffrey A. Cullop and Oscar R. Molina of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

U.S. District Court for the Southern District of West Virginia case number: 5:16-cv-10788

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Organizations in this Story

Mountain State Justice IncPullin, Fowler, Flanagan, Brown & Poe, PLLC