Wayne Cox and Kathy Cox entered into a loan with BB&T secured by a vehicle and, after the plaintiffs became in arrears upon an alleged indebtedness to the defendant, the defendant began to engage in collection of the indebtedness, according to a complaint filed Jan. 17 in Raleigh Circuit Court and removed to federal court on March 23.
The Coxes claim the defendant began sending letters to them and, on March 28, 2016, a letter was sent demanding money and claimed that it was a notice of pending legal action.
BB&T’s statement that the letter was a notice of pending legal action misrepresented the status of any legal proceeding by stating that a legal proceeding had been filed and was awaiting decision in violation of West Virginia code, according to the suit.
The Coxes claim the defendant engaged in illegal debt collection and by threatening to collect attorneys’ fees and costs, BB&T violated the West Virginia Consumer Credit and Protection Act.
The Coxes 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.
BB&T is represented by Jonathan L. Anderson and Christopher K. Robertson of Jackson Kelly.
U.S. District Court for the Southern District of West Virginia case number: 5:17-cv-01982