West Virginia Record

Tuesday, January 21, 2020

Couple claims Mount Hope Kia dealership fraudulently inflated their income on car financing application

State Court

By Marian Johns | Aug 9, 2019

Law money 04

FAYETTEVILLE – A Jumping Branch couple alleges a Mount Hope auto dealership falsely inflated their income on a car financing application without their knowledge. 

According to a filing in Fayette Circuit Court, plaintiffs Ivan and Rebecca Gill filed suit against the Hometown Kia alleging fraud relating to the dealership's creation of the couple's financing package.

In June of 2017, the Gills allege they received an advertisement in the mail from the defendant, which prompted them to call the dealership. The Gills allege that they explained to the dealership that they had a fixed monthly income of $1,100. The couple alleges they were told by an employee of the dealership that they had been approved for financing of a new car. The financing the dealership set up was for a $477.87 per month car payment at a 9.5 percent interest rate, the suit states.

The suit states after having some "difficulties" with the car, the dealership told the couple they could "invoice swap" and get another new car. However, the plaintiffs allege when they arrived at the dealership, they were told there was "no proof" of their original car purchase in the computer and were denied the invoice swap. 

The Gills allege they agreed to a different deal and financing once again, which ended up costing them more money and losing the trade-in from their first deal. During their second transaction at the dealership, the suit states the Gills learned that the defendant had reported their income to be $2,500 per month without their knowledge or permission. They allege their income was inflated to increase the defendant's ability to sell more vehicles and increase revenue.

The couple seeks punitive damages and compensation for the loss of value on their second car trade. They are represented by Timothy P. Lupardus of Lupardus Law Office in Pineville.

The case has been assigned to Circuit Judge Paul Blake Jr.

Fayette Circuit Court case number 19-c-79

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