WHEELING – A man is suing CU Recovery Inc. after he claims it violated the West Virginia Consumer Credit and Protection Act.
Greater Iowa Credit Union was also named as a defendant in the suit.
In 2009, Norman E. Jeffries and/or an automobile dealer arranged consumer financing with the defendants for the purchase of an automobile and he subsequently defaulted on the loan in 2010, according to a complaint filed July 3 in Ohio Circuit Court and removed to federal court on Aug. 9.
Jeffries claims the automobile was repossessed and sold shortly thereafter, leaving a deficiency balance and the loan was charged off in 2010.
The statute of limitations to collect the deficiency balance expired in 2014, however, the defendants sent a collection letter to Jeffries in 2016, attempting to collect the time-barred debt, according to the suit.
Jeffries claims the letter did not disclose that the debt was time-barred or otherwise comply with the required disclosures.
The defendants violated the West Virginia Consumer Credit and Protection Act and has been unjustly enriched at the expense of the plaintiff and the class, according to the suit.
Jeffries is seeking compensatory damages. He is being represented by Jason E. Causey of Bordas & Bordas; and Ralph C. Young, Christopher B. Frost, Steven R. Broadwater and Jed R. Nolan of Hamilton Burgess Young & Pollard.
The defendants are represented by Bruce M. Jacobs and Sharon L. Potter of Spilman Thomas & Battle.
U.S. District Court for the Northern District of West Virginia case number: 5:17-cv-00124