BECKLEY – Two breach of contract lawsuits have been filed against a car dealership owned by a former gubernatorial candidate and state Senate President.
On June 26, 2016, Dennis B. Meadows traded his 2014 Hyundai Veloster in on a 2016 Hyunai Sonata at Bill Cole Hyundai in Princeton, according to two complaints filed Oct. 19 in Raleigh Circuit Court.
In order to finance the amount owed for the Sonata, Meadows was required to have a co-signor and Ward agreed to co-sign the loan and necessary documents for his brother-in-law to complete the trade and secure possession of the Sonata.
Meadows and Ward claim they were directed by employees to execute the required documents, including a bill of sale and retail installment contract and security agreement, however, they were unaware that those documents were prepared stating that Ward was the purchaser of the Sonata.
The installment contract indicated that payments in the amount of $578.51 would be due and payable beginning Aug. 13, 2016, and each month thereafter for 72 months, according to the suits.
The plaintiffs claim Meadows made the payments as required and believed he owned the Sonata, however, he later was contacted by U.S. Bank and informed Ward was the owner of the car, as his name was on the loan.
U.S. Bank advised Meadows to stop making payments, as he was not the owner of the vehicle.
On Nov. 25, 2016, U.S. Bank released the lien upon the Sonata and sent the title free and clear to Ward and, on Dec. 13, 2016, Meadows received a notice to cure default from Alex Hosseini, the controller for Bill Cole Hyundai.
On Dec. 20, 2016, Meadows, through counsel, contacted Bill Cole Hyundai in an effort to rectify the erroneous circumstances with regards to his Sonata and, nine days later, agents of the car dealership, without right or title to do so, seized the Sonata and have refused to return the vehicle, according to the suits.
The plaintiffs claim despite efforts to rectify the circumstance and fulfill their obligations, the defendants unlawfully seized the Sonata.
Despite numerous attempts to correct the issues created by the defendants, the plaintiffs were not afforded any right of due process before the unlawful seizure occurred according to the suits.
The plaintiffs claim the defendants breached their contract and were negligent.
The plaintiffs are seeking compensatory damages in the amount of $49,388.45 and for Meadows to be awarded a 2016 or newer vehicle of equal or lesser value to the Sonata, as well as punitive damages. They are being represented by John D. Wooton of Wooton, Davis, Hussell & Ellis.
Cole, a Republican, was president of the state Senate until last year when he ran for governor. He lost to Jim Justice in the general election.
Raleigh Circuit Court case number: 17-C-566, 17-C-567