Non-defaulted Western Sky/CashCall loans being transferred to Delbert

I got the same email response. I actually spoke to Mr. Dayton on the phone. He is well aware of all that is going on with Western Sky, Cash Call, Delbert, the Tribal bs. He said as long as the principle is paid do not pay anymore and revoke their ACH authorization and do not answer the phone. He said if they try to sue it would have to be filed in NJ and that no court in NJ will even hear the complaint. The whole Tribal court is bs too. He said they don't have a leg to stand on in NJ.

I contacted Delbert yesterday and stated that this loan is illegal in NJ, I am not paying anymore, I revoked their ACH, and that the state is filing a complaint against Western Sky and Cash Call. The Delbert mgr said I am still legally responsible for the loan. I said "let me ask you about the legality of the loan. You keep saying over and over and sending paperwork about being bound to Tribal law. The Tribe's own usury law is 18% interest on a loan of $100 or more if it's financed for more than a year. Her response "well that only applies on the reservation to Tribal members". She contradicted the contract.

They have tried calling four times already in less than 24 hours.

Please anyone in NJ file a complaint and send them the loan agreement. The more evidence and complaints the better.

In the mean time you will still want to send them both letters revoking their ACH authorizations and cancelling any wage assignments.. And Close Down Your Account!!! Can;t stress this enough...

I can't express how thrilled I am to have found this link online. I've spent all day dealing with this and getting a complete run-around. It's such s relief to know what's actually going on! I'm in NC & have (had?) a loan not in default with WS then CC and now Delbert. My debit was due 9/3and nothing came out of my account. I thought Delbert was taking over the loan so I never expected the debit not to happen. They've called repeatedly this week to set up a first payment but I haven't called back & don't plan to after reading this! Interestingly, I have a separate payday loan with US Fast Cash and when I tried to extend that loan I was told by their rep they no longer have the ability to do an ach transaction and she said they need my debit card number so I can pay in full & they will waive all fees. Uh, NO. She repeatedly put me on hold and wouldn't answer any questions. After some research today I found out this is yet another company linked to WS. Please, anyone reading this who's been caught in this debt trap like I have look into anything fishy or new with your loans before you agree to anything!! I'm in NC and payday loans are illegal here but these internet loans fall through the cracks. I didn't even know they weren't legal here.. just try to be as informed as possible so you don't make your situation worse. These people are sneaky and ruthless. AGAIN-- Thank you guys so much for posting what you know! I think I can see light at the end of this tunnel :-D

Hello. I am in Texas and am having this same problem with WS loan being transferred to cash call and now to Delbert services. Cash call is still taking payment through ACH out of my account. I haven't sign ach authorization with Delbert yet, but verbally told them to take a payment out through ACH for September 15th. Today I discovered that cash call has already debited the payment. I called delbert services to not take any money out on the 15th now because of cash call doing it today. I feel some shady activity is going on. I am in Texas. What do I do?? Please help. Thanks

I was told by an Investigator with the NJ Dept of Banking that Delbert is a debt collection company. I may be wrong but what I believe is going on is since Western Sky and Cash Call are involved in so many lawsuits right now that they are trying to make sure their money still gets collected through Delbert. Anyone else can correct me if I am wrong.

I am trying to read through all of this and I am a bit confused so hopefully someone can clarify for me. I recently took out a loan with Western Sky, then was informed my loan would be transferred to Delbert. Supposedly they were unable to take my first payment out, so I gave them authorization to do that over the phone. However, they then sent me a letter instructing me to go there website to e-sign for something, but I never did that. So am I to understand that what Delbert is doing is illegal? If I have just started to pay off my loan, what am I supposed to do? It seems like most people have sent letters after they were done paying the principle, but I am nowhere near that point. So does this mean I still have to keep paying Delbert until I've paid off my principle, or is there something else I should be doing now? I live in NC.

You can go ahead and send Delbert a C&D letter.. they are only servicing the loan. if you need an example let us know. Tell your bank you have been a victim of fraud - you are revoking ACH authorizations and you need your account closed due to it being compromised.. They can open a new account not linked to the old or you can take your business else where. Make sure you talk to a manager not just a teller.. And they have responded plenty - just not on the terms I am willing to agree with.. like amount still owed...:)

I wrote the previous "I'm confused" post and now I have registered for an account here. I have looked through my information, and I have no written information stating my Western Sky/Cashcall loan had been transferred to Delbert. I did give them permission to draft a check from my account, but have not (and will not be) signing the information authorizing them to debit my account. As far as I know they have not drafted this money from my account and they won't be able to for now - I thought the money was already drafted and took out the rest of the money in cash, so it is not in my account. I assume the worst at this point is to get a NSF fee from my bank. I am in NC and plan to call the Attorney General's hotline to find out more about what I can do.

This is the second time I have taken out a loan from Western Sky - the first time was for a $1000 loan and once I went back and looked up my payments, I paid them back about $2125 on the $1000 loan. Since I overpaid for one previous loan with them, can I state that I am deducting this from the amount of the principle I will agree to pay back on the current loan (which is for $2525 and I've yet to have a payment drafted) because these loans are illegal in my state? Should I still close my bank account? Can I even legally do this if I still have principle left to pay on my loan? I'm reading and trying to figure all of this out, but it is confusing, I guess because each person's situation may be different.

I imagine you can tell them anything you like about the overpayments. Someone here may have a better answer but they owe you the overpayment so it seems clear to me that you can deduct it from the principle of this loan prior to repaying the principle.
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If you gave them your banking information I would close the account. I had a company debit money 2 years after the account was closed one time and even though I eventually got it back, it was a hassle. If you gave them the account information your account will remain vulnerable.

Your loan originated with Western Sky it is null and void.. You need to follow the link below in my signature on how to deal with step by step - The first step is to secure your bank account - let your bank know that you are revoking wage assignments you will need to give them copies, that your account has been compromised and send WS, CC and Delbert all letters revoking ACH authorization and canceling any wage assignments you may have signed. Yes, I would combine the two loans with them - and when and only when they agree to your terms will they get any payments from you - and then the only way I would recommend making any payments is money orders by US mail. Oh and I have been dealing with them since Oct, still waiting for them to agree, they will send you lots of things, important to not send them anything back and stay off the phone with them. What state are you in?

Thanks for the information. I am in NC. I only started researching all of this after I was informed that Mobiloans (who I also have a loan with) would no longer be lending money in NC. At first I didn't pay it any attention, but after I got the call from Delbert and thought about what may be going on, I thought I should look further into it. I realize now that payday loans are illegal in NC, and when I tried to go to the Western Sky website to look up information about my loans, I saw it was basically shut down, with some pathetic letter about how these evil states are trying to impose their rules and they have had to let go of so many employees. That just made me even more mad! I tried to go to Cashcall's website, and they claimed they didn't have my information. I will start working on this first thing on Monday with my bank. I do hope I am able to close and reopen an account there - it's a credit union. But thank you so much for this information! It's interesting that they haven't responded to your request to settle this loan with them.

Is the C&D letter in the link you have about how to deal with a collection agency contacting you for PDLs? If so, then I have a good idea of what to write - thanks. I have also read the step by step instructions for how to deal with illegal lenders. So where in that process should I send the C&D letter? Is it sent at the same time as I send the e-mail to Western Sky, or do I wait until after I have filed a complaint with the Attorney General? I really do appreciate your help.

Yes, the link below in my signature by Waffles, that is correct. You will only send a C&D letter to a collector, you can't really C&D the original lender. When you send your letters revoking ACH and cancelling wage assignments - you put in there that you will only allow contact to be in writing via email or US mail only.. usually does the trick - you may have to block some numbers. The letters revoking ACH and cancelling wage assignments should be done as soon as you know your bank account is secure and safe. If you need more help please just ask.

I live in TX and previously wrote about the call I got from Delbert Thursday saying a "glitch" in their system caused my payment not to be processed on it's normal date (1st of the month) and would I give them authorization to to debit my account. I refused and sent an ACH revocation letter to Delbert that day, but Friday Cash Call debited my account. I immediately sent an ACH revocation to them as well, and filed a complaint with the CA Attorney General. I sent the same ACH revocation to Delbert again today since I hadn't heard back from them, and since they may now know I stopped payment on the unauthorized ACH transaction.

The original e-mail I sent said that I'd repay the outstanding principle only over the remaining 82 payments per the original contract, and to respond with an e-mail to acknowledge they agree with the repayment schedule and to provide me with the address to send the payments.

Very slyly they responded with this e-mail. Notice the typed address at the top but the standard e-mail at the bottom. Until the reply that they agree with my repayment schedule I don't plan on sending them anything. I'm not behind on my loan, by the way, and have paid off one of their loans previously:

PO Box 4730 Anaheim, CA 92803

************************
********************** DR
DALLAS, TX, *****

RE: Loan # 2*********

Dear Borrower,

Thank you for responding to my e-mail. However, I cannot help you unless I speak with you directly. Delbert Services has many options available to help you repay your loan as well as protect your credit.

My direct phone number is 877-525-2274. You may also reach me at 877-983-3523, extension 13002. I look forward to hearing from you.

Sincerely,

Customer Assistance
Delbert Services – Collections Dept.
877-983-3523, Ext 13002


This communication is an attempt to collect a debt and any information obtained will be used for this purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

You may still need to send Cash Call a ACH revocation letter also, and I would make sure my bank account is safe and secure.. The best way is to close it and open a new one not linked in any way. You need to send Cash Call and Delbert also a C&D letter.. How much did you originally borrow and how much have you repaid to date?

I sent Cash Call an ACH revocation as well. I'm working on the new bank account as we speak and BOA says it should be set up today, so I should be covered on that front. I have about $3,800 in principle left to pay, and I included that in my e-mail to Delbert and that I was will to repay it over the slimy 82 months they originally had me on.

FYI: There is a hearing in New York on September 11 to determine if the State of New York can take action against certain payday lenders while the big case is pending. If the PDL folks don't get the injunction, I think all of them will get religion pretty quick and be willing to settle with customers a lot easier to avoid further action by the State. I can't wait to see what happens.

With BofA - make sure they lock the old down tight.. and that the new is not in any way linked to the new.. Fitting date for that to go to court - NY - fighting loan terrorist. Keep us posted on the news.

I called Delbert and they said I need to sign the authorization for next months payment. Cash call debited my account even though they had leeway sold my account to Delbert. I check my credit report and Cash Call shows as a close account. I hate these crooks.

I meant already sorry.

Mine was switched to Delbert, but Cash Call took out money again? I am confused?

Delbert and Cash Call are basically working in cahoots and are owned or controlled by the same folks. Therefore, if you haven't given Delbert permission to debit your account they can just use Cash Call to do it since at one point you did give Cash Call permission to do so. Beyond whether the loan is legal, they'll need to explain why they sent an e-mail saying the loan would be serviced by a new company but then turn and around service the loan using the old company.

I personally believe that J. Paul Reddam et al know that the jig is up and were trying to get one last round of payments in a semi-legal fashion because the entire ACH system could be completely off limits to his companies in a couple of weeks.

Same thing happened to me. Didn't sign the ACH authorization for Delbert, so they went back in today and did it through CashCall.

Ever since I told Delbert I am done paying and that the loan is illegal in NJ they have called about 20 times already since Friday. I noticed they use many different numbers some being from Texas and one came up Culver City, CA. If I don't recognize a number I don't answer the phone anyway. Waiting to see how this all plays out.

btw the calls are from Cash Call and not Delbert I should add. Funny I found a website that had a pic of the Western Sky headquarters. It was a ranch style looking trailer. Makes you wonder how they could handle all those loans and money from such a small place, sarcasm of course.

Will Cash Call continue to debit account for Delbert?

If you correspond with them via e-mail only they'll stop calling. The want to talk to you because they figure if they harass you enough you'll cave just to get them to stop calling. They may even call some of your contacts/references if you don't answer, and you probably don't want that.

Also, Cash Call is licensed in several states, which means they are bound by the Fair Debt Collection Practices Act, so next time they call mention that and ask them not to call anymore. The FDCPA is a very powerful way to get dead beat companies like Cash Call to stop calling.

Further, there is a hearing on Sept. 11th in NYC that may give us more leverage because a couple of lenders (I know the tribe that runs Great Plains Lending is involved) are trying to get an injunction to prevent the NY AG and other regulators from taking action against them until the actual case goes to court. If they don't get that injunction, I think most of these companies will be willing to settle for whatever they can until they think of another way to circumvent the law.

Some people on here have said yes Cash Call debited the last few days. Now Delbert is Cash Call's collection company. I told the Mgr Beverly at Delbert I was revoking their ACH. I have not had a debit taken out since and the payment was due. Now yes you should do it in writing but my bank told me once you tell them even verbally then by law they cannot debit your account.

Is there a sample c&d letter in this forum to send to Delbert. They have already contacted me several times as my payment was due early September. I have already overpaid them on a $1000.00.
I also filed complaints with the Florida office of Financial regulations and I am waiting their reply. Thanks. My loan originated with Western Sky, then cash call and now Delbert.
Thanks

Just to clarify - you said it's okay to email them only and not call them back? I would like to give them a piece of my mind, but in the same since I don't want the hassle of even trying to argue with them.

that is what we say....you can still give them a piece of your mind via email :)

I took out a loan for 10K through western sky about a month ago in NJ and now Delbert is contacting me regarding payment. They sent me emails requesting me to electronically sign something which I've put off. Please advise.

HI IVE BEEN READING THE COMMENTS AND HAVE A QUESTION ABOUT MY DEALINGS WITH WESTERN SKY AND DELBERT SERVICES. I BORROWED I BELIEVE WAS 1000 DOLLARS IN 2011. I PAID SOME OF IT BACK BUT AS A SINGLE MOTHER OF THREE COULD NOT AFFORD TO CONTINUE TO PAY. I DEFAULTED ON THE LOAN. RECENTLY I STARTED GETTING CALLS FROM A "PROCESSOR" WHO SAID HE WAS TO SERVE ME AT MY HOME OR JOB WITH COURT PAPERS FROM DELBERT SERVICES ON BEHALF OF WESTERN SKY IN TWO DAYS. I CALLED DELBERT AND THEY RECORDED ME AGREEING TO DEBIT CARD ACH MONTHLY PAYMENTS. UNTIL 2014. IS THIS LEGAL DO I HAVE TO FOLLOW THROUGH NOW THAT I GOT RECORDED?

They can debit your account since you agreed but you can also stop the ACH authorization at anytime by contacting them again. They cannot debit from any bank account once you tell them you are revoking their ACH. I did same thing with Bank of America and I just did it with Delbert last Friday. They were debited every month until I called them to say I want that stopped. By law they had to.

I can't tell you what to do but most of us all here stopped paying our Western Sky loan. If you are in NJ the state AG's office is preparing a complaint to be filed soon in Superior court against Western Sky and Cash Call. I think the "processor" thing is bs to scare you. Even if they did take you to court no court is going to have you pay back a loan at 139% or whatever the interest was. I have never heard where a "processor" calls you to tell you that.

Maybe someone else on here could shed more light on that. Personally I think it's Delbert using a scare tactic.

A process server will not call to warn you that you are being served nor will they discuss the case with you. Their job is to serve you papers.

Being recorded is no more binding then signing a contract. You may revoke ACH anytime under federal law.

When the process server calls again tell them to meet you at the police station to serve the papers.

What state are you in? There are so many states that have pending lawsuits against them over these Western Sky loans, maybe yours is one. They cannot sue and have never sued anyone in a US court over these bogus Western Sky loans. To do so would immediately waive their bogus claim to tribal immunity. Therefore, Delbert is violating the FDCPA by threatening action that they are not and cannot pursue. This would be a big piece of information to pass on to state regulators if your state already has a suit against them. Register with the forums and let us know what state you are in so we can further advise.

there is a thread started in another forum.turns out western sky is selling some debts to bottomfeeding scum who threaten the usual bullshit.wire fraud,bank fraud.if you get a call of that nature report it asap.if you are in a state where they are getting slammed let them know this as it will not help their case.

That's funny you said that because I have not found one person who was sued over a Western Sky loan. They can't sue in Tribal Court because we all know that's bs plus the interest breaks the Tribe's own usury law at 18% cap. Even playing devils' advocate they were able to get a judgement in Tribal Court. They would have to come to your home state still and file with the courts and that is not going to happen.

They can't sue you in your home state because then it would fall under state law. All they can do is try and scare people into paying up.

I am standing my ground against these guys. I think eventually Delbert will sell the account to another company and they will try and pursue the money. I already have bad credit for years to come over my divorce last year and could care less what they report. btw since Friday when I called Delbert to tell them I am not paying anymore they have called me over 40 times including today. Many different numbers and one is also Cash Call's toll free number. I never answer the phone if I don't recognize the number and they don't leave messages.

Okay I have a question. Delbert just sent me an email that that says it's an "E-sign Login Instruction".
It says in the email there is a document waiting for me and it was sent from Delbert- Loss Mitigation

Anyone have a clue to what this document is? I am not signing anything that's for damn sure.

Sounds like they are panicking because their gravy train has come to an abrupt end. Everyone that gets a threatening call needs to do a google search of your state to see if your state is one of the 23 with pending litigation against them. If it is, you need to contact that agency ASAP and report this new twist like Paul said above. If you need help, feel free to PM me for help locating the information. They are going to try any tactic they can to get as many people as possible to pay on these illegal loans since they have been found out and people are revoking payments left and right. Stand your ground -- they are illegal and they know it.

I am even afraid to go in there and get a password to see what the document is. But I am curious. Just don't want it to say I e signed something just because I logged in. You know how dirty and tricky they are. Any advice?

Richierich -- they are trying to get you to authorize Delbert to be able to ACH your payments. Stay away from it. With the sky falling in on them, they are scrambling to find more ways around the laws and regulators to try and collect on these illegal loans.

dont do it....no news is good news....besides they are illegal and will try anything

Ok, thanks. Was getting too curious but great advice. Even the investigator from the NJ Banking Dept told me to ignore Delbert too.

Thank you momofthree27!!! Your help is VERY MUCH appreciated!

Was told by a representative at the bank that only a court order can revoke a ACH authoriziation. Is there any truth to that?? I've sent one to Western Sky/CashCall/Delbert Services.

Unregistered -- I have some information for you regarding the process server and threat by Delbert Services. Please register with the forums and send me a private message so I can get the information to you. I currently have a class action lawsuit against them for these loans and have spent the last year making it my mission to do whatever I can to get them shut down.

Kat -- absolutely no truth to it. It is your right per Reg E -- there are plenty of posts on here about that issue. You need to print out a copy of Reg E and take it to the branch manager and demand they block any and all ACH. What bank is it? I can check to see if they were on the list of 117 national banks that were told to stop processing these illegal payments or face regulation. Send me a PM with the name of your bank and I'll check.

Kat, the representative at the bank is incorrect. You may revoke authorization at any time.
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I would go back to the bank and tell them Federal law allows you to revoke ACH authorization at anytime. See this thread:http://www.debtconsolidationcare.com/paydayloan/federalregulationsconcerning-achrevocation.html

That is exactly what I thought. I've been reading all of the information on the forum, and actually used one of the templates that I found on here. I also had it notarized at work before I sent it.

Do any of you know if there is a class action suit in Texas? Thank you.