BECKLEY — An elderly woman is suing a Beckley Honda dealer and a lender, alleging unconscionable inducement.
Diane C. Horn, 78, filed a complaint Jan. 20 in Raleigh Circuit Court against
John Howerton Honda Inc. and Star USA Federal Credit Union ,
alleging violation of the Truth in Lending Act.
According to the complaint, in September 2016, Horn received a notice of default for failure to make payment on a car loan and learned for the first time that she was the primary obligor on the loan. As a result, the suit says, she suffered significant worry, stress and damage to her credit.
The plaintiff alleges the defendants misrepresented her monthly income, produced documents that identified her as the buyer and failed to timely and accurately disclose the amount financed.
Horn seeks trial by jury, actual damages and twice the finance charges, an order declaring the contract unenforceable, attorney fees, court costs and all other equitable relief. She is represented by attorney Bren J. Pomponio of Mountain Justice Inc. in Charleston.
Raleigh Circuit Court Case number 17-c-34