Cash Call Western Sky

Yes it's an installment loan and yes it's illegal.

It's illegal because the lender is not licensed and they are charging way beyond the usury cap for your state. This is true for all tribal lenders.

Thanks OhioGirl, do they need to be licensed in NJ as well? Are they? I see that the amount that can be can be charged on a small loan is 30% I believe my loan note from western sky is 332.12%.

Please reread OhioGal's post. They are an unlicensed and illegal lender for the state of NJ. PDL's are prohibited.

All tribal lenders are illegal. They would have to have a license in NJ and follow NJ usury cap rates.

They don't because they don't have to because they're tribal and immune from state laws.

BUT

Because they don't and because they're tribal and you're not part of their tribe, you're not subject to their laws.

Get it?

The contract is unenforceable.

Yes, they are illegal. So you owe principal only. Don???t pay them any interest or fees. Close down your bank account and open a new one.

But what about cash call are they illegal in NJ? I understand that Western Sky is illegal and tribal and their contract is non enforceable but what about CC?? Since they are the owners of this loan now?

They don't own the loan. They service the loan. They're trying to collect on an unenforceable piece of paper.

Ohiogal -- I have just received my second response from CashCall about the illegal WS loan and they are not budging on their stance that it's a legal loan. In fact, they have upped my payoff to over $3,000 on a $2,500 loan.....they are currently reporting the info on my credit report and they claim it is accurate and valid. Again, I had paid $3,600 to date on this $2,525 to which nothing has gone to the principal according to their records.....do I just continue to dispute it? I'm trying not to sweat it but I really need to figure out how to get this off my CR and they have verified the information as valid and accurate. Any advice on that end?

You're disputing it for the wrong reasons. Tell the bureaus it's illegal debt and give the relevatn state laws.

Email elissa chavez [EMAIL="elissa.chavez@cashcall.com"]elissa.chavez@cashcall.com[/EMAIL]

The Fort Laramie Treaty, 15 Stat. 635, between the United States and the tribes of the Sioux Nation, ???created the ???Great Reservation??? for the Sioux and set off lands ???for the absolute and undisturbed use and occupation of the Indians.??? ??? Calhoon v. Sell, 71 F.Supp.2d 990, 999 (D.S.D.199 (guoting 15 Stat. 635) .FN8 Under the treaty, States may not ???interfere with reservation self-government??? or tax on-reservation activities. Rice, 463 U . S. at 718. This gives tribes the power to regulate ???the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements,??? but only when the ???non-Indians [are] on their reservations.??? Id. at 565.FN9

Okay.....going on to round 3....here is my response sending out today....

To Whom It May Concern:

Thank you for your reponse of 9/17/2012. Please be advised that I am not a member of the Cheyenne River Sioux Tribe, nor have I ever stepped foot on their reservation in South Dakota. Western Sky Financial, LLC actively advertises outside of the reservation and knowingly makes illegal loans outside of the reservation as is evidenced by lawsuits brought by various Attorney Generals and the FTC against Western Sky Financial, LLC and its many entities. Therefore, I continue to dispute the legality and enforceability of the loan contract with Western Sky Financial, LLC. As you already know, I have filed official complaints against Western Sky Financial, LLC with the FTC, Texas Attorney General, South Dakota Attorney General (since Western Sky Financial, LLC is a South Dakota chartered LLC), and the CFPB and am working closely with them to document the predatory and deceptive practice of Western Sky Financial, LLC.

While I appreciate you continuing to forward me copies of the contract, my payment history, etc., there is no need as I am abundantly aware of how much I have paid toward this illegal loan. As stated in my previous correspondence, I received funds from Western Sky Financial, LLC in the amount of $2,525 and to date have made payments totalling $3,660.27 (confirmed by your payment history) to Cash Call, Inc. (in its capacity as "loan servicer") resulting in an overpayment of $1,135.27. Once again, I demand that you send me a paid in full statement and that Cash Call, Inc., as loan servicer of this illegal and uneforceable loan, delete this tradeline with all three credit reporting agencies.

Should Cash Call, Inc. continue collection efforts in this matter, which includes any negative reporting to the credit reporting agencies, I will promptly file complaints with the appropriate authorities as well as explore my legal options since Martin Webb's "tribal immnity" does not extend to Cash Call, Inc.

Sincerely,

[FONT=times new roman]Quick question - this is showing up on my credit reports and hasn't gone negative yet but I expect it to soon. Should I go ahead and dispute with the CRAs now or wait until Cash Call starts reporting me delinquent? Any thoughts?[/FONT]

Well, I have done my first round of disputes with CRAs regarding CC's reporting on my credit report of the illegal WS loan (which has been overpaid). As I expected, it came back as "verified". I am working on a response to this - can anyone direct me to the actual section of the FCRA that deals with reporting of "illegal" and "foreign" debt. Maybe I am missing something.....it is now reporting negatively and has dropped my credit score by more than 40 points. I desparately want this off my credit report and any suggestions or help anyone can give is greatly appreciated. Has anyone had success getting Experian to remove this illegal debt? I have filed all complaints with the various agencies regarding this but I don't seem to be getting anywhere.

send this to the credit reporting agencies:

[COLOR=black]This is a request under FCRA 611(a)(7) for a description of the procedure used by you in providing all information to the creditor associated with my dispute under FCRA 611(a), [/COLOR]including the business name and address of the furnisher of information contacted, and if reasonably available the telephone number.[COLOR=black] [/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]More specifically, under the provisions of FCRA 611(a)(2)(B), you were required to have forwarded all relevant information I provided by you to the creditor for their investigation of my dispute. I request identification of any information that you choose not to forward to the creditor, and whether you used the automated E-Oscar process. [/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]Response to this request is required, under FCRA 611(a)(7), within 15 days of this request.[/COLOR]

Let them show you how they verified an illegal loan on your credit report.

We've all seen that Western Sky commercial on TV. How do the stations put that on when they must know they are illegal lenders ? ( i know $$$ is the answer ) They are helping them prey upon people in tough times that hopefully succumb to thinking that is the way out. Every time I see it , it sickens me,,,,,,,,,,