Western Sky loan transferred to cash call

Something is wrong with this picture. I am not sure about this but I am going to refer this to someone else, please keep checking back for replies.

Im in the same situation so i am very curious.

Thanks, I confirmed this information by asking Cash Call to send me the original loan documents. The original lender was indeed Western Sky. The annual percentage rate was 139%, the finance charge to borrow $2525 was $8392 for a total payment amount of $10,917.57. There were to be 35 equal payments of $298 and an initial payment of $156. I believe I made the initial payment to Western Sky and shortly thereafter, the loan was sold to Cash Call

Something is definitely not right at all....for one...OMG a finance charge that is over 3 times the original amount??? A $2525 debt turning into $10917 is just ridiculous.

But good news! It is just like when debt purchasers or collection agencies buy up or attempt to collect on illegal loans...the loan itself was illegal...doesn't matter if a legal entity bought it...they basically bought an illegal loan. You are liable for the initial amount of the loan and nothing more. Make sure you get proof of any payments already made, deduct that from the loan amount ($2525) and then just pay it off, making sure to keep copies of these payments.

There is nothing Cash Call can do..it is an illegal loan and if they don't like it and keep harassing you, then send them a cease & desist letter....from that point on, if you are making monthly payments to pay off the loan, start sending it certified mail to show proof of delivery.....wonderful thing is since they bought the loan, they are not the original creditor and have to abide by a cease & desist.

But as I said, there are others much more knowledgeable about payday loans and cash call....hopefully they will chime in.

well it depends on what state you are in to an extent as there are only three states cash call does actual business.UT,CA,AND TX.that's it.now goldenbast is right on the money.it doesn't matter if cash call is legal they bought an illegal debt.btw western sky is a tribal loan and this might be a dodge they are using to avoid a consumer taking action against the loan.disturbing to say the least.even if you are in one of these three states cash call still can't do a thing as again the loan was illegal.pay the principle and send cash call a C&D when that is met.

I am located in South Carolina and as far as I can determine, neither Cash Call or Western Sky are licensed in my state.

yep you are right.time to file AG,AND FTC complaints against both parties.that way you can pay the principle.without dealing with alot of BS from either side.

I just received the following email from Cash Call. Please let me know your opinions.

[COLOR=#1F497D]Thank you for your correspondence. Your loan was funded by Western Sky Financial (???Western Sky???) on November 15, 2010, in the amount of $2,525.00, which is the loan amount of $2,600.00 minus the $75.00 Prepaid Finance Charge/Origination Fee. Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe, CRST Business License # 5412. Western Sky does not have any physical presence in your state or any other State of the Union. As a result, Western Sky is not obligated to obtain a license from South Carolina or any other state. [/COLOR]
[COLOR=#1F497D] [/COLOR]
[COLOR=#1F497D]These facts were explained to you when you applied and again when you signed your Promissory Note. As a courtesy, please find attached an additional copy of your loan Note for your records.[/COLOR]
[COLOR=#1F497D] [/COLOR]
[COLOR=#1F497D]Please also be advised that on November 18, 2010, per the NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS e-mail sent to the e-mail address you provided, your loan was sold to WS Funding, LLC, and is currently being serviced by CashCall. If you have any questions regarding your loan, current balance, or payoff amount, you may call our Customer Service department at 1-877-525-2274. Our hours of operation are 8 a.m. to 9 p.m. Pacific time Monday through Friday; 8 a.m. to 5 p.m. Pacific time Saturday and Sunday. If you are unhappy with Western Sky, WS Funding, or your loan in any respect, we would advise you to pay it off now without penalty.[/COLOR]
[COLOR=#1F497D] [/COLOR]
[COLOR=#1F497D]We hope that this response has answered your questions. Please do not hesitate to contact me if we can be of further assistance.[/COLOR]
[COLOR=#1F497D] [/COLOR]
[COLOR=#1F497D]Sincerely,[/COLOR]
[COLOR=#1F497D] [/COLOR]
[COLOR=#1F497D]Elissa Chavez[/COLOR]
[COLOR=#1F497D]Director of Fraud Prevention[/COLOR]
[COLOR=#1F497D] [/COLOR]
[COLOR=#1F497D]CashCall, Inc.[/COLOR]
[COLOR=#1F497D](949) 752-4630- Direct[/COLOR]
[COLOR=#1F497D](866) 590-2274, ext. 4630- Toll-Free[/COLOR]
[COLOR=#1F497D](949) 225-4630- Fax[/COLOR]
[COLOR=#1F497D]elissa.chavez@cashcall.com[/COLOR]

tell them the fact they are on "tribal ground"is confirmation of their illegality,and you will pay what is left on the 2525.00 and nothing else.not suprised that cash call is not only buying illegal debt acting like a bottomfeeder to collect it.

It sounds like they are going to be jerks about it. You should send them a certified letter, demanding that since the loan was illegal and that they too are illegal in your state, that you will be paying off the principle balance and nothing more. Also inform them that you wish to not be harassed by them any further and that should they continue to harass you, you will be forced to order them to cease & desist from further contact and that you will then pay the balance at your leisure.

If they continue to harass you...send the cease & desist.

Just to make sure I understand. If they continue to harass and will not cooperate, I can refuse to pay anything at all or pay at my leisure. This contract is illegal in my state and cannot be enforced. I want to pay the principle but do not wish to be harassed during the process.

Well paying back the principle is more a moral issue since they did give you the money, you should give the exact same amount back. However, since by law you do not have to do so, if they do continue to harass you after you warned them, pay them at your leisure..they can't sue, they can't even place it on your credit report.

If they start harassing you can always skip a monthly payment and send them a letter that the next monthly payment will be coming provided they do not harass you. You hold all the cards. Pay back the initial balance, but at your terms.

I had this same sort of situation with a loan company and they were legal....its a long drawn out thing but basically they started showing up at my HOUSE...so despite the fact I was going to pay them just a month later, they continued to harass me, harass me at my front door and intimidate my children..so I refused to pay and still refuse to pay. If they decide to someday take me to court, I will STILL refuse to pay.

I am in the same situation. I attempted to add Western Sky/Cash Call to a debt consolidation program, and the program advised me that they cannot add the debt because Cash Call will not with with consolidation programs. I have made 2 payments...but I can't continue to make the payments in the amount I agreed to. What should my next action be? Should I write them a letter letting them know that I know they purchased an illegal loan, and so I will only be paying off the principle (I live in NY, so I could also say that they are not licensed in my state)? Should I threaten a "Cease and Desist"? Do I have to obtain one of these through a lawyer?

Ok you can write them a letter as you outlines above...inform them that since it was an illegal loan, you will pay back the principle, in your own terms that they can't even litigate against you since it is an unlawful loan and should they do this, you will be sure to counter sue them. Inform them that should they continue any collection activity, or harass you in any way, you will be forced to cease payment immediately and forward them a cease & desist.

If they do continue..do just that. Send them a cease & desist and stop payments for a month or two to drive home your point...then pay them. Technically and by law you don't owe them anything...Western Sky lent you an amount of money and morally you should pay that back, but it is Cash Call's own fault they bought an illegal loan and it is only your good graces and wish to at least pay back what was borrowed, but that you refuse to do so while being harassed and intimidated.

You can write your own cease & desist. Oh and send ALL letters certified mail return receipt.

i am in the same situation. Only thing is, Cash call is licensed in Washington State. Do i still have a case against them?

Assuming your original loan was with Western Sky and they are illegal in your state then Cash Call purchased an illegal loan and cannot enforce an illegal loan. At least this is my understanding

What you said is correct. I agree with you a1handy. If an illegal loan was purchased by the collection agency, then it cannot enforce it or take any legal actions against the borrower.

i had sent the letter that shazzers had posted, and faxed to cashcall, i recevied a email from them, it was from direct of fraud prevention, cashcall is stating that they have investigated my claim (i stated the loan from westernsky was a illegal loan, and they(cashcall) bought a illegal loan, and was invalid.cashcall stated the debt is valid and the westernsky is licensed with cheyenne river sioux tribe, crst business license #5412,now they are saying i owe 2921.00 from 2600.00,they also stated that i sign the form ,so i must pay now ,to avoid more interest.i am still waiting to hear from my AG office, as of now i hear nothing. please let me know ,what i should do now.

puh-lease i knew cashcall was evil,but stupid as well?i guess so as no "tribal loan"is legal,and cashcall is doing this as a way of trying to bypass the cease and desist's they have in alot of states.tell them that if they can enforce this illegal loan in a court in your town,county,village,or bourough then do it.otherwise you are filing AG,AND FTC complaints against both them,and western sky.do not pay anything more than the principle,and do not engage them.they are legal only in TX,CA,AND NM.that's it.anything they say is a lie meant to sway you.don't buy it.file the complaints asap.oh wait you did file an AG complaint.well then file a follow up.