WAYNE – A Wayne County couple alleges that their vehicle was repossessed even though they were not delinquent on their payments.

Paul & Helen Jimenez filed a complaint Nov. 7 in Wayne Circuit Court against Gateway One Lending & Finance LLC alleging that the financing company violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiffs allege that on May 17, 2016, they purchased a 2015 Nissan Frontier that they financed through the defendant. Even though they were not delinquent on their loan payments, the suit states the defendant repossessed the Nissan Frontier on April 21. The suit states the plaintiffs' counsel contacted the defendant several times and did not receive a response.

The plaintiffs hold Gateway One Lending & Finance LLC responsible because the defendant allegedly failed to provide a notice of default prior to repossessing the subject vehicle and engaged in oppressive and abusive conduct by repossessing a vehicle that was not delinquent.

The plaintiffs request a trial by jury and seek all damages, litigation costs and all other relief that the court may deem just and proper. They are represented by Benjamin Sheridan of Klein & Sheridan LC in Hurricane.

Wayne Circuit Court case number 17-C-157




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