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Western Sky/Cash Call - MUST READ!

Date: Mon, 04/15/2013 - 12:33

Submitted by momofthree27
on Mon, 04/15/2013 - 12:33

Posts: 358 Credits: [Donate]

Total Replies: 18


OMG - I have been following this case and just came across this. This is a huge finding!!!! Please read the letter from the Tribal Court -- Cash Call is full of crap and I do believe the Cheyene River Tribe has had enough of being drug down with this "rent a tribe" arrangement with one of its members trying to hide behind them.

Please note that this is an individual that sued Cash Call over a WS loan. This is exactly why Cash Call doesn't sue over these loans......good for Inetianbor for hanging in there with this!!!

http://turtletalk.wordpress.com/2013/04/02/update-in-inetianbor-v-cashcall-western-sky-financial-federal-court-reopens-case/


I had to pull the latest correspondence I received from Cash Call (after I disputed the dunning letter received by Delbert) to double check this. In the Order Granting Plaintiff's Motion to Reopen the Case, on the last page at footnote 1, the Judge references Docket Entry 39 where Cash Call claims that in March of 2011, Cash Call, revised it's loan documents to change the wording in the arbitration clause. This is very interesting.....if this loan is originated solely by WS, as they have tried to claim all along, and only serviced by Cash Call at a later time, why would Cash Call be revising the loan documents. And, secondly, I looked at my loan documents which were dated July of 2011, there was no revision. It states the same thing Inetianbor's did. I wonder, maybe I should send a letter to the Judge with a copy of my loan documents proving further that Cash Call is making false accusations and perjuring itself in court proceedings. What about your docs HelpinAZ? Thoughts? Could this be the break we have all needed in order to fight these scum?


lrhall41

Submitted by momofthree27 on Mon, 04/15/2013 - 15:48

( Posts: 358 | Credits: )


Mine dated 5/4/2012 - states arbitration shall be conducted by the Cheyenne River Sioux Tribal Nation.. I see no revision? I do have a thing about choice of Arbitrator on page 4 - I am not sure what the revision is supposed to look like... Mine doesn't say this "Arbitration shall be conducted in the Cheyenne River Sioux Tribal Nation by your choice of either (i) a Tribal Elder,or (ii) a panel of three (3) members of the Tribal Council, and shall be conducted in accordance with the Cheyenne River Sioux Tribal Nation’s consumer dispute rules and the terms of this agreement. You may appear at Arbitration via telephone or video conference, and you will not be required to travel to the Cheyenne River Sioux Tribal Nation." Mine actually does talk about AAA... under choice of arbitrator..


lrhall41

Submitted by HelpinAZ on Mon, 04/15/2013 - 16:14

( Posts: 1870 | Credits: )


Okay - that's what they claim they changed it to but they claim the change was made in march of 2011 - I can show that that is not true. I just pulled up his Amended Complaint and he is going after them for damages due to being denied mortgage and the stress that that entailed and asking for $352,000 in damages. Cash Call looks like they are scrambling. The situation is exactly the same as mine so I am anxious to see what happens. It is set for jury trial. This would be a landmark. I think I am going to reach out to the pro se plaintiff and give him my information to prove that Cash Call perjured themselves in court proceedings. I think we also have something here to use where they, Cash Call, are revising loan documents of a company they claim they have no affiliation with other than as a "servicer". It's total BS and we have all known it all along.....


lrhall41

Submitted by momofthree27 on Mon, 04/15/2013 - 16:32

( Posts: 358 | Credits: )


I agree with you there - how is Cash Call doing any of the things that are supposedly on Western Sky only... I am under the new... oh well I don't let them bother me..


lrhall41

Submitted by HelpinAZ on Mon, 04/15/2013 - 17:47

( Posts: 1870 | Credits: )


I too had received a loan from Western Sky that I have since stopped paying. I actually sent documentation to a person with a cashcall.com email address BEFORE the loan originated with Western Sky. I filed a complaint with the NC AG. I came across two other articles that are worth reading. Enjoy!

1. http://www.mass.gov/ocabr/business/banking-services/banking-legal-resources/enforcement-actions/2013-dob-enforcement-actions/westernsky04042013.html

2. http://turtletalk.wordpress.com/2013/04/17/denver-district-court-rejects-western-sky-financials-assertion-of-tribal-immunity-and-issues-sanctions-for-asserting-it/


lrhall41

Submitted by lumberman on Wed, 04/17/2013 - 11:25

( Posts: 2 | Credits: )


Good find lumberman! The funny thing is we all know that Western Sky is just the "rent a tribe" and it is actually Cash Call issuing the loans. They did this with the banks before the FDIC shut down that scam. I am so glad to read the MA documents that reference Delbert Services trying to collect on these illegal loans. (That's exactly wehre I am at in this process.) I think I will file a new complaint with my AG's office against Delbert Services and include a copy of this MA pleading for guidance. If you take all of these recent court rulings and the fact that the Tribal Court doesn't arbitrate these matters rendering the arbitration clause of these illegal loans deceptive and fradulent. According to the Tribal Magistrate, they don't even offer arbitration on the reservation. Now, if we can just figure out how to get the credit reporting agencies to stop allowing Cash Call to report these illegal loans on our credit reports.....


lrhall41

Submitted by momofthree27 on Wed, 04/17/2013 - 14:46

( Posts: 358 | Credits: )


I'm one of you guys. I got tired of complaining about cash call on boards like this one and decided to do something about it. I'm currently working on the discovery process of the case and the 2 week trial is set to start on December 9, 2013. Since the case was reopened, cash call looks like they have nothing else to say..so the ball is on my court to possibly file for Summary Judgment instead of waiting for trial in December. I WILL DEFINITELY KEEP EVERYONE POSTED on the outcome and my pleadings in court will be available for the public to LEARN and FIGHT these blood suckers that think they rule the world.

I sen fax and made 172 phone calls to the tribal court and the cheyenne river sioux tribe chairman's office all in ONE DAY before I was able to get that LETTER from the tribe after I received Permission from the Chief Judge. I'm thankful that they were able to be of help after much persuasion, and they told me how much they dislike cash call for giving them a bad reputation. And as far as I know and as far as their record shows, I'm the VERY FIRST PERSON to have REQUESTED and RECEIVED SUCH A LETTER, SO IT IS A BIG BREAK. I was glad the federal court reopened the case too and allowed me to raise the damages amount, which now includes punitive damages in my second amended complaint. Now I have 4 attorneys that want my case after I've done all the hard work.

All the attorneys i spoke with didn't want my case in the beginning bcos they said it was too complicated and that cash call has the best law firm in Florida representing them. I still didn't care, I took the case by myself and started in state court before they moved it to federal court to intimidate me, which now turns out to be good for me and here we are today. I haven't had any good sleep in almost a year since this case started. I refuse to let them get away with this FRAUD and this is not just a fight for the money, it's also for those who can't fight for themselves; hopefully they will learn from my case and have HOPE.

Anyone with cash call's agreement dated after march of 2011, please contact me at: (954) 616 8291 because i'll love to have a copy of it. YOU CAN TELL IT'S ME BCOS THAT'S MY PHONE NUMBER IN ALL MY PLEADINGS ON PUBLIC RECORD.

Disclaimer: I get several calls and mail from people with similar problems asking for advice even on a board like this one. Please note that I'm not an attorney so I can't give legal advice. I'm only speaking from my PERSONAL EXPERIENCE with cash call. Best of luck to everyone.


lrhall41

Submitted by anonymous on Sat, 04/20/2013 - 16:35

( Posts: 202330 | Credits: )


Does anyone know about the issue with Cash call and Massachusetts. I have a loan with them and they informed me today that they were ordered to stop collecting payments from MA. They will not accept a payment from me until the ban is lifted. Can someone shed some light on this?


lrhall41

Submitted by anonymous on Fri, 04/26/2013 - 12:39

( Posts: 202330 | Credits: )


Great news, Annie - keep us posted on the progress.. I would also revoke their ACH authorization while at it and let them know that they are illegal lenders. Did your loan originate with them or Western Sky.. How much did you originally borrow and how much paid to date? Yo u might be completely done paying them anything..


lrhall41

Submitted by HelpinAZ on Fri, 04/26/2013 - 15:17

( Posts: 1870 | Credits: )