CHARLESTON – A Kanawha County consumer alleges a finance agency harassed him to collect on a loan used to purchase a defective heating and cooling unit.
Jerry Whittington filed a complaint in Kanawha Circuit Court against GreenSky LLC alleging negligence and other counts.
The suit states that the plaintiff financed a loan through the defendant on July 29, 2017, for the purchase of a heating and cooling unit for $12,033.89. The plaintiff alleges he soon found that the unit did not work and informed the defendant. The defendant allegedly failed to recall the loan and continued to "harass" the plaintiff into paying for the defective unit.
The plaintiff alleges the defendant breached the implied warranty of merchantability by selling the plaintiff the defective HVAC unit.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Michael M. Cary of Cary Law Office PLLC in Charleston and by Matthew W. Stonestreet of the Giatras Law Firm in Charleston.
The case has been assigned to Judge Joanna Tabit.
Kanawha Circuit Court case number 19-C-500