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WEST VIRGINIA RECORD

Sunday, April 28, 2024

A novel approach to a lawsuit: Attorney quotes Dickens in debt collection complaint

Attorneys & Judges
Charlesdickens

BECKLEY – “It was the best of times, it was the worst of times.”

Sounds like the beginning of “A Tale of Two Cities” by Charles Dickens, right?

It is. But, it’s also the first sentence of a recently filed debt collection lawsuit filed in Raleigh Circuit Court … on behalf of Charles Dickens.


Pomponio

This Charles Dickens filed a complaint – which doesn't contain any other references to the 19th Century English writer – against Tammac Holdings Corporation for harassing and repeated debt collection calls.

According to the complaint, Dickens purchased a manufactured home in 2007, and it was financed by THC. Around 2016 and 2017, Dickens experienced a temporary change in income and fell behind on his home loan.

In March 2017, he received a collection call from THC. He was driving for Rogers Petroleum and told THC he couldn’t talk while at work because of company policies and state laws. He says the calls continued even after he informed THC he was being represented by counsel and notified the company of its violations of the West Virginia Consumer Credit and Protection Act.

“Despite being aware that Mr. Dickens would be working as a truck driver, THC continued to make frequent collection calls to him during work hours, attempting to collect loan payments,” the complaint states. “The frequent calls continued from March 2017 to the present. …

“Mr. Dickens makes an installment payment every month, yet he is constantly bombarded with repeated debt collection calls. Mr. Dickens requested that defendant stop calling him at his workplace. Despite this request, defendant continued to contact him at his workplace, which threatened his job. …

“After having been made aware that he was represented by counsel, defendant continues to harass Mr. Dickens by sending letters and placing phone calls directly to him.”

He seeks compensatory damages for THC’s “oppressive and abusive” debt collection and the maximum civil penalty for each of the company’s violations of the WVCCPA. He also seeks attorney fees, court costs and other relief.

Dickens is being represented by attorney Bren J. Pomponio with Mountain State Justice Inc. The case has been assigned to Circuit Judge Andrew Dimlich.

Raleigh Circuit Court case number 20-C-43

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