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

Yes -- I have a class action suit against them with a Texas class. Register with the forum and send me a private message and I will get you the details.

Read this link and register. http://www.baillonthome.com/cases/westernsky

I've sent an ACH revocation, a C&D to Delbert and asked for communication only in writing and I haven't paid back all of the principal just yet. Surprisingly enough, I haven't received a phone call or email yet and my payment's 2 days overdue.

Not that I'm complaining about not being harassed, it's just I've heard nothing and I haven't paid back all the principal yet.

From the looks of it on this website there are a lot of people that stopped paying their loan and revoked ACH authorization. Maybe some one can answer this question. The loan agreement is through Western Sky but the loan was "sold" to WS Funding which is of course Cash Call. I know the original "agreement" is suppose to stay in place even though we all know it's bs. But the question is why hasn't anyone legally challenged that once Western Sky sold the loan that the Tribal immunity is now voided?

Western Sky sold the loan so they shouldn't be involved in any capacity. So how can Cash Call or Delbert hold you to "Tribal immunity" when they are a non-Indian company in the U.S. states? Again I know take that with a grain of salt. I think it's a fair legal question.

it's being proven in court that western sky,csahcall,and delbert are linked together in a scam.so it is being challenged and these three are going down,and that is what's legal.

The loan numbers are all the same that's how you can tell it's all the same company. Just called the investigator again at the NJ Dept of Banking. I had called Delbert first to ask who exactly owns this loan. The rep at Delbert said "Delbert does". Delbert is a collection agency which the rep denied. I said 'well the NJ Banking Dept told me you are and I believe him before you'.

First off he again reiterated this is an illegal loan. He said Cash Call is cooking the books by moving money to Delbert. He told me to call the "Consumer Financing Protection Bureau" and report how the loan went from Western Sky to Cash Call to Delbert. He said that department has broad powers and to file a complaint. I am doing it today.

Also for NJ loan holders the investigator also assured me that the NJ AG's office is filing the complaint soon and this investigation in NJ has been going on for a couple of years. All good news.

I received the below on 8/21. I had not defaulted either. I took out a loan of $5000.00 in DEC 2012. I have paid right at 4500.00 as of today. So I still owe around $500 which is pretty much my next payment ($486.58).

I would love to get out of this loan with out a major hassle and credit damage.


NOTICE OF TRANSFER OF THE SERVICING OF YOUR LOAN

As you know, you obtained a personal loan from Western Sky Financial. The purpose of this e mail is to notify you that your loan has been sold, and the purchaser has assigned the servicing of your loan to a company called Delbert Services Corporation ("Delbert Services") effective as of the date of this notice.

The "servicing" of your loan means processing your payments, responding to your questions, and otherwise handling other matters relating to your loan. We wish to assure you that the terms and conditions of your loan as set forth in your Promissory Note and Disclosure Statement will not change in any way, except that your payments will now be made to Delbert Services.

Delbert Services is committed to courteous and responsive service, accurate and timely handling of your payments and simple and direct answers to your questions. For prompt response to all of your inquiries, please remember to reference your account number XXXXXXX.

To ask about this notice or general up-to-the-minute account information, please call 888-983-3523. Our hours of operation are 5 a.m. to 6 p.m. Pacific Time Monday through Friday; 5 a.m. to 12 p.m. Pacific Time Saturday. Or write to us at:

To Make a Payment or For General Customer Service Inquiries:

Delbert Services Corporation
P.O. Box 4730
Anaheim, CA 92803
Customer.Service@delbertservices.com

Toll-free 888-983-3523
Hours of operations
Monday - Friday 5:00 AM - 6:00 PM
Saturday 5:00 AM - 12:00 PM
Pacific time-zone

NOTICE: CALIFORNIA, COLORADO, MINNESOTA, MAINE, NORTH CAROLINA, TENNESSEE, UTAH AND WISCONSIN RESIDENTS PLEASE SEE BELOW FOR IMPORTANT INFORMATION

TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.

Way to go...hang in there!!

I am going to send a certified letter to Delbert today.
on my letter head, Do I put my loan ID number assigned by western sky and my address so they know where it is coming from?

I keep getting calls from Delbert Services regarding my Western Sky loan which I have already overpaid by $1229.10 . They call from different phone numbers coming from different States. My payment was due early September and I already had closed my bank account. I am located in Florida and have already filed complaints with the Florida office of Financial regulation. I should be getting something back from them soon. I am going to send a certified letter to them tomorrow, their address in on their web site, however, they have been calling me everyday, I do not pick up the phone if I do not recognize the number, they leave messages, it is the same voice, it sounds automated. Any suggestions as to what else I should be doing?? Thanks

Im in Tennessee. I have stopped receiving calls from them (and I havent sent a letter) and I noticed that they are hiring (Delbert) for collectors. If they know that they are illegal then why hire collectors? I have paid WAY more than the principal but I am now 2 payments behind. Any TN help would be great!

Kinda proves my point.....CC and Delbert are one in the same. Believe me, I have been in this dog fight a long time and have done my research. They are always hiring because the working conditions are not that great -- do enough searching on google and you will see the employee complaints. Still doesn't change the facts - Western Sky Financial issued loans are illegal and neither Cash Call or Delbert can collect on them - period. They have been sanctioned by close to 30 states over these loans as Western Sky was nothing but a front to operate their illegal loan operations. They are spending out the wazoo in attorneys fees and more and more people have stopped paying their illegal interest - they are going to try to collect whatever they can because their ship is slowly going down.

is this ok to send to delbert: any suggestions>
I reside in Florida. and can I email them?

I hereby demand that Delbert Services cease and desist any and all contact with me and anyone
associated with me per FDCPA.
As of today I have revoked ACH/EFT withdrawals. Letters have also been mailed.
I am also revoking any and all wage assignments I may have signed.
After being advised that the interest rates being charged were illegal, I will pay the principal
remaining only. I will not pay interest or any fees. I have contacted both my Office of Financial
institutions and the Attorney General's office for guidance about your business practices,
You will probably quote Tribal laws but you know as well as I do that I am not subject to tribal laws,
regardless of what was in the original contract.
So far I have made payments on my loan totaling $2229.76 resulting in an overpayment of $1229.76.
You will mark my account as PAID IN FULL without any negative marks on my TransUnion, Experian
and Equifax accounts or any other consumer reporting agency.

Please help I have loan with them $2600 and paying $294.46 a month and they asked me $456 for a processing prior to sending the $2600 on my account. I am in WA.

Thanks!

Have you read any of this thread???? DONT DO IT!!!!!!!!!!!!!!!!!!!!!!

I took out a loan with Western Sky 2500 then right away Cashcall had taken it before I had even make first payment. I have been payed 3544 on this account for a yr. now. It's sad that I still owe them 2935. I have payed way over the principle amount and interest that should be legal. Now delbert has take my account calling leaving me messages that my account is past due. I finally call them they tell me they need a payment now on account and I proceed to tell them that it is set to come out and I have never been late. The lady told me that an error had occurred and my payment didn't go through. I told her I was calling my bank before any payment is made. I went to bank the manager told me that nothing was ever attempted to be drafted by them. I then called them back telling them I need to make payment she transferred me to another lady I told I wasn't paying any late fees or penalties due to their error not mine. Setup. This loan is illegal to pay them anymore money.

I already have an existing loan with them and paying $246.46 a month and i wanted to stop this please help!!

I have been trying to send you email but could't get through..please send me reply i found your post very interesting..hope to hear from you.

thanks!

Unregistered in Florida -- check my previous posts -- I attached a copy of the order (sorry I don't remember which one but it is a recent one dealing with WS/CC and Delbert). I do know from a trusted source that you need to file your complaints with both the Florida AG's office and the Florida Official of Financial Regulation - www.flofr.com. They are both working on investigations of these Western Sky Financial issued loans.

MJ -- if you are in Washington state, you need to contact Washington State Department of Financial Institutions Division of Consumer Services. They have a cease & desist order already in place against these loans. They can direct you on what to do on their end. Here is a link to the order http://www.dfi.wa.gov/CS%20Orders/C-11-0810-12-SC01.pdf. Further, you need to go to your bank and secure your account so that they cannot attempt any more ACH payments, then you need to send letter revoking ACH payment to all three of them (WS, CC and Delbert). Use the template in the sticky dealing with unlicensed lenders and word it to your situation.

please help i have loan with western sky and ended up with delbert.. please please thanks!

western sky/ cash call/ delbert services i have outstanding loan with them paying $294.45 monthly

Although I am new to this forum, I'd recommend anyone having trouble with payday loans read the threads before posting, particularly those listed in SOAPLADY's signature. They explain exactly what to do to get help. Your finances and credit are worth the hour or so of reading it will take you. The sooner you take action the sooner you can get relief. Further, this is the perfect time to dispute illegal payday loans because regulatory pressure (NY Attorney General, in particular) is building to shut these companies down.

I guess most of us that are revoking ACH from Delbert are worried what comes next? They are calling everyday 5-6 times a day but I am not answering. I know in NJ where I live there is going to be a complaint filed but who knows when. In the meantime I wonder if Delbert will try to sue any of us in court. Anyone been sued by Delbert yet?

As long as you put the language of only communicating via writing via email or first class mail and no telephone contact language in your revocation letter, you should be fine. Basically that will C&D them and if they try to contact you or anyone else on your account, this will be a violation of the FDCPA. With that said, they are getting desparate because they got caught with their hand in the cookie jar and now they are having trouble collecting on these illegal loans. What Delbert is wanting you to sign is a new ACH authorization so that they can process payments since Cash Call is being banned by so many states. And, no, Delbert cannot sue you over these loans without waiving their so-called tribal immunity. They may threaten it - also a violation of that you need to report - but they have not to my knowledge (and I've been doing this for over a year) sued anyone over these Western Sky loans. To do so would go against the scam they are using. Like Redrover said, this is the perfect time to close out your bank accounts and revoke ACH authorization on all illegal payday loans and ride on NY's coattails to get yourself out of payday hell.

Does anyone have the correct address for Delbert and the one for Cash Call? I want to mail out the c&d and ACH revocation letters to each one tomorrow. Thanks.

You can send them to them directly from their websites under the contact us link trough their own emails.. but revoking ACH and cancelling wage assignments are separate from actual C&D's - when you send the ACH revoke you will demand that they only contact you in writing via mail or email only.. A C&D is to request no further contact of any type and will be used on CA after sent that way..

Cash Call
http://www.cashcall.com/ContactUs.aspx
CashCall, Inc.
1600 S Douglass Rd
Anaheim, CA 92806

For making payment or cancelling automatic EFT withdrawals
CashCall, Inc.
Attn: Loan Servicing
P.O. Box 66007
Anaheim, CA 92816

Delbert Services
http://www.delbertservices.com/contactus.aspx
Corporate Headquarters
Delbert Services Corporation
7125 Pollock Drive
Las Vegas, NV 89119

Mailing Address
Delbert Services
P.O. Box 4730
Anaheim, CA 92803

For making payments or cancelling automatic EFT withdrawals
Delbert Services
P.O. Box 4730
Anaheim, CA 92803

I wrote a letter to both Delbert and CashCall to revoke ACH and c&d. I also asked for a refund from both. Is that how this should be handled?

Yes, but not really doing a C&D, you are demanding with them that all communications be done in writing.. If you would like to copy and paste one of your letters in here - glad to take a look at it before you send.. most importantly you are revoking ACH auth and cancelling any wage assignments you might have signed.. I did this with WS and CC - Delbert was who they sent to for collections so I sent them a C&D..

Here is what I sent to CC back in Oct.. it might help..you would just change the state and the numbers to match your needs.. since both CC and Delbert are servicing your loan. I don't believe in your case Delbert is the collections agency - if I am wrong let me know I can also show you what I sent them.
"Reference #xxxxxxx
It has come to my attention that this loan is illegal in my state, due the Small Loan Rate Cap of 36% per year in place in Arizona and not being licensed to do business in Arizona. Therefore, the loan contract that I have with you, according to my state's laws, is not enforceable. I have contacted the Arizona Office of Financial Institutions and the Arizona State Attorney General's Office regarding your internet loans and was informed they are indeed illegal in Arizona and was advised to pay what is due according to principle amount only of the loan. Although I am not legally required to do so, I am willing to repay the principal balance of this loan. To date, I received a deposit of $2525.00 on 5/7/20 012, and have had 4 monthly withdrawals, 1 for $243.75 and 3 additional withdrawals for $294.26. Leaving a balance of $1398.47, I am willing to pay this balance left on the principle only. Please contact me via email only, to discuss a payment arrangement that we can agree on, I will only entertain a payment arrangement, with the condition that this is removed from my credit report.

I am also revoking authorization for ACH withdrawals and any wage assignment I may have signed. I have given a copy of these revocations to both my bank and my employer. Any future attempts to collect funds in this manner will be blocked.
I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my state Attorney General's Office.

I prohibit you or your affiliates to contact me via telephone at my place of employment, my home or cell telephone number. I also prohibit you from calling my references listed on my loan."

Ok I basically wrote what you did. I was asking for a refund by I guess I should only do that with Delbert since they now own the loan and just revoke ACH for both Delbert and Cash Call. I also did not technically c&d just said communication email and/or U.S. mail. Thanks

How does this sound guys:


I am writing in reference to loan #******. This loan was originally with Western Sky Financial, LLC. I understand your company is now the owner of this loan. This was verified speaking to a Customer Service Representative on September 13, 2013. The New Jersey Department of Banking and Insurance and the state’s Attorney General’s Office has confirmed this is an illegal loan in New Jersey. Western Sky is not a licensed lender in New Jersey and it also surpasses the interest allowed based on the state’s usury laws.

I have paid back the principle amount borrowed which was $2600.00. To date I have made 21 payments totaling $6045.20. That is an overpayment of $3445.20. You can mail me a refund check in my name to the address above in this letter.

I am also requesting that you send me via email and/or U.S mail a notice stating this account is ‘Paid In Full’. I also am requesting that you contact all credit bureaus to report this account is ‘Paid In Full’.
I am also revoking any ACH authorization that I may have signed. Your company, dba’s, collection agencies and affiliates will no longer have access to debit from my personal accounts. I am also revoking any wage assignment that I may have signed.

From receipt of this letter I am only authorizing communication by email and/or U.S. mail. I will be expecting a response on this matter.

You letter is great.. Send to both of them - and it can be copied and pasted right into their contact us forms on their websites.. that way you should get a confirmation email back right away.. if it asked for a phone number use all 0's. You only have to send via mail when you are sending the C&D if they turn over to collections and then will send CMRRR.

Thanks. I just received a packet from Delbert saying it was their "dispute resolution dept". It states the debt is valid and is being reported correctly. Then they go on about the usual "bound by Tribal law" bs. Anyone else get this from Delbert?

they are still sticking to that even as western sky,and cashcall are going down.pathetic.i would forward that as part of your AG and FTC complaint.pathetic.

What's funny is it states how everything was done on the reservation. I for one faxed the original agreement to California not S.Dakota. It's also been proven by one state that Cashcall handled everything and Western Sky was not involved at all, hence the "front".

I remember at the time but didn't think much of it but when the guy Auggie was communicating with me he answered the phone "CashCall, oh I mean Western Sky". I also remember him saying our owner Paul is going to ask you a couple of questions now. Sure enough it was that scheister and crook Reddam. Now this is all in hindsight because again at the time I didn't know all that I know now. I think most of us are in that same boat.

So true Richierich! I found all the emails handling the arrangement of the loans and they are all cashcall email addresses -- not sure I ever talked to someone from WS. I also faxed docs to CA and received calls from CA. Do one last thing if you can -- go back to the original wire where WS deposited money into your account -- look to see what the originating bank and routing number is. When I researched this on my end, it was a Wells Fargo in MN. I further called Wells Fargo to ask if they had any branches located anywhere near the CRST reservation -- answer - no. Further, there were no offices in Timber Lake or Eagle Butte when I took out the loan -- they only built those offices within the last year or so. All they had was a PO Box at the time I got my loan. All of this information is going in front of the Judge in my case. "On the reservation" my A$#!!!

That is awesome! Obviously WS Funding stands for "Western Sky" so CashCall could set up an account just for the Western Sky loans. It also has been proven that CC puts $100k into a monthly account that Martin Webb can draw from. This way he is guaranteed money when people default on their loans, like us lol.

You are right, forget what state, but it was also proven all web servers, web pages, communications etc. was all CashCall in Calif. and not on the reservation as they try to lead us to believe.

When I talked to the investigator from the NJ Banking Dept I said this loan agreement was faxed to Calif., not S. Dakota. He said the state was already well aware of that.

My original contract that I signed was with Western Sky back 2012.
I already overpaid on my loan over $1200.00 > Now delbert is calling me. i already send them ACH revocation letter and wage assignment revocation letter. I am in Florida, Should I be worried about Delbert to demand payment from me. I filed complaints with the Florida Office of Financial regulation.

My latest letter... I got a letter from Delbert after I revoked ACH etc. and they assigned a late charge! My reply:

To Whom It May Concern:

I am writing in response to your email dated September 16, 2013, 1:21:19 PM EDT.

As I made clear in my previous correspondence, this loan is illegal and is unenforceable. Further, I am not required to repay ANY of the amounts deposited. I inquired with the Florida Office of Financial Affairs about this loan and their response in part: “under the Florida Consumer Finance Act ("FCFA")... [b]y operation of law, these loans are unenforceable and void in this state.“

The letter continues “Florida law [forbids] any person from claiming, attempting or threatening to enforce a debt when the person knows that the debt is not legitimate or when the person attempts to assert a legal right when the person knows the right does not exist."

Although I am not subject to the laws of the Cheyenne River Sioux Tribe and will not submit to same, this loan is also illegal under the laws of the Cheyenne River Sioux Tribe (see: Law & Order Code Cheyenne River Sioux Tribe 1978 Revision, Sec. 3-4-52 Criminal Usury.)

I am offering a final time to forgo pursuit of the overpayment amounts if my account is marked “Paid in Full” and closed. Under no circumstances will there be any additional payments.

I want to remind you that I have revoked ACH authorization and any wage assignments I may have signed. This revocation applies to you, your agents, assignees, D.B.A.’s, past and future associates etc. Said revocation remains in full force.

Please respond to this letter with acknowledgment that my account has been satisfied in full. In the absence of this letter I will vigorously pursue full reimbursement of overpayments and file complaints with the Office of Financial Regulation and the Attorney General.

they r trying to avoid my phone calls. I think they r getting their legal response or BS together.

For those of you who have sent Delbert and Cash Call a c and d letter. I just wanted to know if they honor it or do they continue to call?

It has been my experience that they honor it.

Shall I ask delbert for a debt validation letter. I sent them an ACH and wage assignment revocation letter last week certified. They keep leaving me messages, I do not pick up. I have overpaid them already. Thanks

You can but they are acting as a loan servicer, not a collection agency at this point. When I was contacted by Delbert, it was in a collection agency capacity so I sent a debt validation situation and it was Cash Call who sent the response - not Delbert....lol, to which I responded with a C&D. I would send all three entities a C&D reminding them that you have overpaid on this illegal loan and reference your ACH and wage assignment correspondence previously sent to them. This should stop the phone calls -- if they don't abide by the C&D, you have them for a violation.

So send Delbert, Western Sky and cash Call a C&D letter, even though Delbert is the one that keeps calling me. The loan originated with Western Sky, went to cash call immediately and now I find out it is with Delbert. I complaint to the Office of Financial regulation for Florida. I am waiting their response. Thanks

Yes - I would send to all three entities.

by the way delbert sent me an e mail to discuss options to me, I already had sent them an ach and wage assignment revocation letter. I thought they were to come up with a plan to just pay the amount remaining, even though, I had already overpaid them on this loan. They said to pay by the end of the month, they added late fees to the account. but it turns out they want me to keep paying the same amount I have been paying them for the last year. still at the 139.00% interest rate.

This is consistent with what Cash Call (as a servicer) would send....options to get back on track which were really just extending the term of the loan. It's all the same scam just with Delbert inserted as the servicer instead of Cash Call.

Am I obligated to pay them now even though I spoke to Delbert and they did not offer anything good at all? They wanted me to go to their web site, However, I will not go there. Again, I overpaid them over 1229.00

No, you answered your own question by stating that you overpaid by 1229.00.