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Cash call on my credit report (NY resident)

Date: Wed, 08/15/2012 - 00:16

Submitted by anonymous
on Wed, 08/15/2012 - 00:16

Posts: 202330 Credits: [Donate]

Total Replies: 13


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


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.


lrhall41

Submitted by OhioGal1 on Wed, 08/15/2012 - 07:31

( Posts: 5253 | Credits: )


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.


lrhall41

Submitted by OhioGal1 on Thu, 08/16/2012 - 13:51

( Posts: 5253 | Credits: )


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.


lrhall41

Submitted by waffles on Thu, 08/16/2012 - 19:18

( Posts: 1697 | Credits: )


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?


lrhall41

Submitted by on Thu, 08/16/2012 - 19:35

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Ohiogal are you sure that's the disputes address?

As for case law, I couldn't find anything. You might consider calling your AG's office or your department of finance and asking if they can give you some info on these loans so you can print it out.


lrhall41

Submitted by on Fri, 08/17/2012 - 10:31

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