Response to CA on Western Sky/CashCall Loan
Date: Sat, 03/09/2013 - 06:26
To Whom it May Concern:
I am in receipt of your correspondence dated February 15, 2013 regarding the above account placed with your office by WS Funding, LLC (serviced by CashCall, Inc.). (A copy is attached for your convenience.) I vehemently dispute the claim of your debt collection notice. Pursuant to the Fair Debt Collection Practices Act, Section 809(b), the Texas Finance Code, and Texas Fair Debt Collection Practices Act, I am mailing you this dispute letter within 30 days of receiving your undated dunning letter. I used the letter from this site and added to it. Thanks in advance for any help!!!
To Whom It May Concern:
I am in receipt of your correspondence dated February 15, 2013 regarding the above account placed with your office by WS Funding, LLC (serviced by CashCall, Inc.). (A copy is attached for your convenience.) I vehemently dispute the claim of your debt collection notice. Please note that pursuant to the Fair Debt Collection Practices Act, Section 809(b), the Texas Finance Code, and Texas Fair Debt Collection Practices Act, I am mailing you this dispute letter within 30 days of receiving your dunning letter.
Your notice states that the account was placed with your office by WS Funding, LLC (serviced by CashCall, Inc.). I have never received any written notification by Western Sky Financial, LLC that the account was sold to or is owned by WS Funding, LLC. Further, I have never been contacted by WS Funding, LLC regarding this account. On information and belief, WS Funding, LLC is a “doe” entity with no record of registration. Therefore, pursuant to the guidelines set forth in the FDCPA, the Texas Finance Code, and the Texas Fair Debt Collection Practices Act, please provide me with evidence that WS Funding, LLC has the proper authority to place this account with your office for collection, together with contact information, including proof of organization and existence of WS Funding, LLC, the physical and mailing addresses for WS Funding, LLC, and a telephone number for WS Funding, LLC. This is a request for information pertaining to the alleged original creditor, WS Funding, LLC, not “loan servicer” CashCall, Inc.
Further, as I am sure you are quite aware, Western Sky Financial, LLC, a South Dakota chartered LLC is not a licensed lender in the state of Texas (or in any state in the United States) as required by the Texas Finance Code. Western Sky Financial, LLC blatantly and knowingly violated multiple sections of the Texas Finance Code when it issued the $2,600 you referenced in your notice. Therefore, the contract is null and void and unenforceable. As you are aware, payments have been made on this account totalling $3,680.27, which is an overpayment of $1,080.27 of which I have requested a refund of this overpayment.
Your company is knowingly attempting to collect on an illegal/invalid debt. Any continued attempts to collect this illegal debt, including reporting any illegal and inaccurate information to the credit reporting agencies is a blatant violation of both federal and state laws and I will not hesitate to report violations of the law to the appropriate legal authorities.
Govern yourself accordingly.
Timeline
Swapfreedom - it was the end of August when I started getting run around from them when I inquired as to why I have paid over $3,800 on the $2,525 loan and my payoff was more than the amount I received. That's when I found out they weren't licensed and these loans were illegal. I revoked ACH starting in September and have been fighting this battle since then trying to get the account marked as paid in full and closed. I received their various modification agreements and have rejected them all as I have overpaid on this loan by $1,100. The last letter I got from them was January 25 stating they were charging off account and placing with collections as of January 31st. Dunning letter from Delbert Services was dated Feb 15th.
Western Sky/Cash Call
Hi -
I am in Texas & having the same issue as you. I just found out today, over a year later that my loan is no longer with Western Sky, but with WS Funding, LLC. I have paid over the $2500 I borrowed for a year at 294.00 a month. I am hoping to follow you in your endeavor. Please keep us posted of what is happening & what you have heard it will help so many people. Thank you.
@ Momofthree - I think the
@ Momofthree - I think the letter looks great - I am still not at this point with them - I haven't gotten any mail from them since Feb 23rd..
response
Hi momofthree27. I wanted to ask you how long was it from point you stopped payment on loan to point you received letter from collection agency. I also made big mistake by taking out a loan from Western Sky/Cash Call for 2525. Paid 2000 back and learned that they are not licensed in State of Colorado and Attorney General is still in a legal battle of a lawsuit with them. I was advised to contact WesternSky/Cash call via email stating Colorado Loan laws offered to pay remaining principal of 525 but only by a prepaid debit card or cashier's check, and that only form of communication would by via email. I emailed all of this and instantly no contact. Went from multiple phone calls to 0. So I was curious based on you experience, would you be willing to share a little of what you went through? Thanks
CashCall
I have no paid this months, as I have been saying on the $2525 --- borrowed $2600 from them but didn't get all of it --- since Feb '12 & paid every month until April when I told them I couldn't. I try to find out who WS Funding, Inc is as that is who CashCall says now has my loan. CashCall is registered in Texas, but Western Sky is not....does anyone know if WS Funding is registered in Texas as CSO? I am just so worried that they will try to take money out of my bank account. I have read some real horror stories of what they have tried to do --- calling employers, trying to garnish wages, taking from people's bank accounts --- I sent them an email & received a confirmation email back from them on 3.19.13 that they had no right to have any EFT or ACH transactions from my bank account. I further told them that they could only email me, no phone contact with myself or any family members or anyone else. I told them that if there was any wage garnishment in place it was null & void. I just hope it's enough. I want to be done with these people....hoping that it will go to collections or I can legal fight this. Anyone in Texas know if there is any legal leg to stand on?
I'm in Texas
Veronica - I am from Texas and no, they are not licensed in Texas. Neither is Cash Call -- they are only licensed as mortgage lenders but that license is about to be revoked from what I understand. As long as you have secured your bank account you are okay. You are going to get a barage of letters from them trying to get you to remodify your agreement, etc. DO NOT SIGN ANYTHING. I had no trouble with them trying to hit my bank account after the ACH revocation was in place nor did I receive any phone calls.....just lots of letters, etc. Have you filed a complaint with the Texas AG/OCCC? I need to give you some very specific instructions on who to direct that to at the AG's office to get their attention. Also, make sure you file a complaint with the FTC if you haven't already. I will pull my file and message you with instructions on who to send a letter to at the Texas AG's office. You can message me with any questions as I have been fighting this fight since August of 2012.
And just so you know - WS Funding LLC is a subsidiary of CashCall (they admitted this in court proceedings). There is no evidence that it is actually registered. However, according to testimony from Cash Call attorneys in court proceedings, Paul Reddam owns WS Funding, LLC, CashCall, Inc. and Delbert Services (the collection agency that will eventually get your account).
Also - they will ding your credit report pretty bad - you need to go ahead and start disputing this account now so that you can build a paper trail.
Just keep in contact with me and I will walk you through the steps.