Sunday, April 11, 2010

West Virginia Couple Files Suit Against Lender For Oppressive, Abusive Collection Practices

In Berkeley County, West Virginia, The West Virginia Record reports:
  • An Upshur County couple is suing American General Home Equity after they claim the company engaged in a pattern of abusive debt collection practices. Ricky Miller and Sue Ellen Siler obtained a credit line loan secured by a home Miller owned, according to a complaint filed March 5 in Berkeley Circuit Court.

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  • Miller and Siler claim they fell behind on their loan payments to American General, despite using all of their savings money and borrowing from family members. They claim after they fell behind in payments, American General engaged in a pattern of oppressive and abusive collection practices. The plaintiffs claim Oravec repeatedly and on numerous occasions used profanity and obscene language.

  • Oravec informed Siler that "he believed when he made the loan that the Millers would be unable to make the loan payments," according to the suit. The plaintiffs claim that making a loan with the intent that the loan will not be repaid and that the lender will obtain titled [sic] to the property through foreclosure is in violation of West Virginia Code. Miller and Siler are seeking damages as allowed under the Truth in Lending Act, the West Virginia Consumer Credit & Protection Act and other West Virginia law.

Source: Upshur couple sues over collection efforts.