West Virginia Record

Monday, February 17, 2020

Man alleges BB&T breached contract with ATV loan

By Jenie Mallari-Torres | Aug 1, 2017

Law money 04

WHEELING – An Ohio County man has filed suit against a financial institution after the repossession of an all-terrain vehicle.

John Tominack filed a complaint on July 3 in the Ohio Circuit Court against Branch Banking and Trust Co., doing business as Sheffield Financial, alleging that the banking corporation breached its duty of good faith and fair dealing.

According to the complaint, the plaintiff purchased an all-terrain vehicle for his son on Aug. 18, 2015. The suit states he later refinanced the loan in October of that year. The plaintiff alleges that the defendant contracted him in November 2015 demanding payment in full and that the defendant repossessed the ATV a few days later.

The plaintiff holds Branch Banking and Trust Co. responsible because the defendant allegedly failed to accept payoff payments and issued conflicting correspondence to plaintiff.

The plaintiff seeks judgment in favor of plaintiff for damages, interest, attorney's fees and other relief the court may find just. He is represented by James G. Bordas and Jason E. Causey of Bordas & Bordas PLLC in Wheeling. The case has been assigned to Circuit Judge James P. Mazzone.

Ohio Circuit Court case number 17-C-196

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Ohio Circuit Court