Hello!
I disputed cash call being on my credit report (I live in NY and Western Sky originated the loan) equifax has not yet answered but experian won't delete it!!! Who do I go to? Should I call experian? Should I write a letter to them? I contacted cash call and told them I'll settle the principal valance but they won't answer.. please advise*
Charlie
Your question has already been answered in the given page, have a look: http://www.debtconsolidationcare.com/Payday-loan-consolidation-and-help/WScashcall-on-credit-report.html
Debt Samaritan
Posts: 5223
Credits: 71531.416580171 Send message to OhioGal1
First, please don't post the same question in more than one place. It's confusing and adds work.
Second, the answer you were given in the Answer forum wasn't much of an answer.
You need to write a letter of dispute and cite your state's laws regarding the usury cap for installment loans. WS/CC has clearly violated that usury cap.
New York's ROI may not exceed 16% annually (N.Y. Gen. Oblig. Law ?? 5-501(1); N.Y. Banking Law ?? 14-a(1)). Rates of interest charged at higher than 16% annually are breaking civil usury laws.
Also, in NY, it is a class E felony to knowingly charge, take, or receive interest at a rate exceeding 25% per year (N.Y. Penal Law ?? 190.40). This is criminal usury.
Generally, when a personal loan has an interest rate higher than the usury cap rate, the loan agreement is considered illegal and be voided and unenforceable. There are also instances where the agreement will be altered to conform to the 16% interest cap.
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
So I send this letter to both credit bureaus correct? Should I CC cashcall?
Debt Samaritan
Posts: 5223
Credits: 71531.416580171 Send message to OhioGal1
I would send it to each bureau where it's being reported, in writing with as much supporting documentation as you can give. I would also cc Cash Call and Western Sky.
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
I'm sorry to be a pain but what other kinds of documentation? NYS penal law? NYS civil law? Should I send loan agreement copies?
Debt Samaritan
Posts: 5223
Credits: 71531.416580171 Send message to OhioGal1
Include your state's laws regarding payday lending being prohibited. Include documentation that this lender is tribal and trying to skirt your states laws by hiding behind a "sovereign nation." Include any case law you can find that's applicable, etc.
Pretty much anything that shows YOU'RE right.
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
How about paying it back Loser.
Debt Samaritan
Posts: 1615
Credits: 27802.630240122 Send message to waffles
Hey asshole, why should ANYONE pay back according to THESE terms?
ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS The cost of your credit as a yearly rate The dollar amount the credit will cost you The amount of credit provided to you The amount you will have paid after all payments are made as scheduled 139.13 % $11,499.87 $2,525.00 $14,024.87
^Include that in your report to the credit bureaus.
How to deal with illegal lenders, courtesy of OhioGal
How to write a proper debt validation request, courtesy of SOAPLADY
How to deal with a Collection agency contacting you for PDLs
Hey all I made an account*
I've prepared a big mailer to go to experian and I included their dispute report as well as the loan agreement's usury and my state laws. Only trouble is the following:
No case law
No address to send to*
I can't find case law because I don't think these people have ever tried to sue over a western sky loan. Also unfortunately I cannot find an address and I can't speak to a human on their telephone line. Do you know of an address or maybe a phone number that goes to a human and not an automated results reporter?
Debt Samaritan
Posts: 1050
Credits: 13500.25 Send message to bingonut
Wow! You must have had a bad day. Being cruel is not fun. This site is a godsend to everyone who is in the payday loan trap.
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