Cashcall/ Western Sky

If your loan agreement was with Western Sky and they are not licensed in TX, then you need only repay the principal balance of the loan. If you've already paid that, you owe nothing further. If you've overpaid it, I would ask for a refund of the overpayment.

Close your checking account and then send the unlicensed lender letter to them.

They're going to argue tribal law with you but TX law prevails.

Thanks Ohiogal! Do you have a sample of the unlicensed letter? Cashcall is not a pdl, so how do I word that? The laws I have seen pertain to pdl's

What do you mean it's not a pdl?

I've reviewed the TX database for both PDLs and CSOs and I do not see CashCall or Western Sky with a license in the state.

Can you explain please?

I may be mistaken, but I thought cashcall was a cso and not a pdl company. Also I believe I read somewhere that cashcall was licensed in TX.

Thank you for your help!

It looks like this Western Sky loan is an installment loan.

They are not licensed in TX as a PDL or a CSO from my research. The usury laws in TX apply to "authorized lenders" so, if they aren't authorized, you'd not pay any interest. If they are, you'd pay only the amount allowed by TX law. I can't find anything that shows they are authorized to lend in TX but I will keep digging.

I've done some research and, it seems to me that you can be charged interest and an administrative fee on your loan. (max 18% APR, admin fee depends on amount borrowed)

I'm not sure what the terms of your loan were, how much you borrowed, how much you've paid, term, fees, etc., but, you've probably overpaid.

Can you share more details with me? If you like, you can also contact the OCCC of TX for their direction. They will be able to tell you right away if WS is licensed.

By the way, CashCall isn't licensed anywhere except CA but, your contract isn't with them so, I don't think it matters that they're processing the transaction.

I so appreciate your help. My original loan with western sky was for 2600.00. To date I have paid 3100.00. Per the terms it's roughly 275 dollars for 37 months. Can pay off early with no penalty. The agreement is governed under the Sioux nation and per their verbiage not governed by us law.

I'm surprised that Cash Call changed their name (not really, I suppose). I dealt with them, about 5 years ago. They are really difficult to deal with. The % was really high!! I'm sure it's the same way now. They are not a PDL. As illegal as they are, I wondering how they are still doing business.

Then my original comment applies. They are not a licensed/legal lender. You only have to repay the principal amount borrowed. You've overpaid. Ask for a refund. You can use the template in this thread, just tweak it to fit your situation.

Again, they'll argue tribal law. Just keep in mind that, if they don't have to abide by our laws, we don't have to abide by theirs either.

Thanks Ohiogal.

How do I tailor it since they are not a PDL and an installment loan? Any direction on where to find installment loan laws to add to the letter?

You don't need to comment on loan laws. You need to simply tell them that they have no license to lend in your state, which makes your contract unenforcible. Tell them you're willing to repay the principal, which is only fair, but you would like a refund of the overpayment you've made. Tell them you revoke authorization for ACH debit transactions and any wage assignment. Also, tell them that you will be reporting them to the OCCC, the TX Attorney General and the FTC for making loans in your state without a license to do so. And then do it.

You're going to have to close your account and open another one. Do that before you send your letter.

Please make sure that you are confident on the advice you are giving with regards to Cash Call. I, personally, know the owner of a CA that is making a living on Cash Call debtors and using the courts to collect with great success.

OP, you need to discuss your options with an atty or atleast legal servives before you decide to tell them to take a hike.

cashcall is only legal in now two states.CA,AND NM.thought they were legal in TX,but guess i was wrong.btw cashcall can claim to be whatever they want,but in most states they have to be registered.either as a CSO,or pdl.paydayone,and cashnetusa are installment loans as well,but they are registered.i commented on this in other threads.western sky is not legal i any state,and cashcall is using them to get in states where they have no license,or registration.in fact cashcall has quite a few C&D against them.bottomline western sky is illegal,and that makes cashcall illegal if they take it over,or buys the loan.

That's why I asked so many questions. This person does not have a contract with CashCall. Their contract is with WesternSky, hence my opinion on the matter.

If you visit CashCall's website, the only option for a state when entering your address is CA.

CashCall is up to their old tricks, again. I don't know how they are not out of business already. I thought someone had tried to take them to court (or a few people)? I thought I read, in other posts, that they were going to be out of business? They are really horrible!! I use to deal with them...........YUK!!

I actually have the same exact situation but I live in Delaware. Started with Western Sky, ended up with Cash Call and they are horrible. Is it legal in my state and if not what template would i use to get them to stop the ACH?

Hi there,

It's Joe O'Connor here, at the National Post newspaper in Toronto. I am working on a story about J. Paul Reddam, the CashCall king, a Canadian, and the money behind Triple Crown racehorse I'll Have Another.

I am working on a story about Reddam's quasi-legal (but currently under investigation by several state regulators) loan practices. How he built his empire on ethically blurry loans.

If you have a CashCall story to share please contact me at: (deleted)

Joe, please stop posting your personal information on this website. It's against terms of service and I will continue to follow you around and delete it. Thank you!! ~ OG1

Also, the NYTimes already beat you to it.