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Thanks for the additional information. You may have a cause of action against the lender if they overcharged you on your loan and failed to apply your payments correctly. The statute of limitations on written contracts is ten years in WV, so it appears that you would still be able to bring this claim. Depending on the amount of the claim and the amount you were overcharged, this may be a claim you could bring in small claims court. You might also consider sending a demand letter first, asking the lender to reimburse you before you proceed with filing suit.
I hope this helps. Please feel free to post follow up questions or comments if I can assist you further.
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