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

Does anyone have a letter or email from Delbert Services threatening to sue or even mentioning a possible lawsuit??? If you do, I would love to hear from you and have a copy of it.

Hi,
I saw your post and I live in FL too. I know the FL office of financial regulations is preparing a lawsuit against Cash Call. I also have a case of my own which I need some evidence against Delbert to show I'm not the only victim.
Do you happen to have a copy of the email or letter from Delbert threatening to sue or mentioning anything about a lawsuit? If you do, please let me know or email me a copy. This is very important bcos I need it as an exhibit for a case. Also, there's nothing to be afraid of when it comes to Cash Call, Western Sky or Delbert. Their loans are CRIMINAL and 100000% ILLEGAL in any state and even at the Tribe where the Tribal code clearly states that any loan over 18% interest rate is "Criminal Usury". Thanks for your time.

I received a "Payment Reminder" letter from Delbert yesterday saying that my $294.46 payment was due. What I think is funny is that no where on the statement does it say what the balance due is - only "Total Amount Due" with the payment amount. What part of the letter that I sent them saying that I wasn't paying anymore and they owe me a refund do they not understand??!!

I called PNC today to see what the status was with Cash Call debiting the account on Sept 21. This was after receiving a letter from Delbert dated August 12 saying the loan was "transferred" and Delbert is now "servicing" the loan. It clearly states all payments will now be made to Delbert Services.

So the lady at PNC said Cash Call responded and that there was no error in the debit and also basing that on the debit history from Cash Call every month.

Now I didn't submit the letter because PNC did not ask for it. I believe they contact the company first then there is a follow-up dispute if you have paperwork which I do obviously. Well no kidding Cash Call was going to say that is was legitimate.

So now I am going to the branch with the letter from Aug 12 from Delbert plus the email from Delbert stating the payment reminder for Sept. The letters/emails do not say Cash Call anywhere.

You think I will have any luck getting a refund even with the letters? The bank credited the $36 overdraft charge which was a start. I personally think it's a waste of time because Delbert and Cash Call are going to lie anyway. Thoughts?

I wish I could give you more positivity but you are right, they will lie. This is how they are able to continue to report this illegal loans on credit reports. All the banks and credit reporting agencies do is contact someone at CashCall/Delbert and of course they are going to lie and say, yes it is valid, blah, blah, blah. BUT what I can tell you is to keep fighting and build a paper trail so that you can prove negligence of the banks, Experian and Equifax to help these scumbags perpetrate their illegal scam. Keep fighting.

Yup - momofthree is absolutely right. The credit bureaus are almost always biased in favor of the creditor. If they say you have a debt with them, then for all intents and purposes the bureau sees it as true... they don't want to get involved in legal disputes.

please help they are calling me...

I faxed a letter about revoking their ACH and only notifying by mail or email. That was three weeks ago and haven't heard a peep since. They were calling everyday 5-6x day from different numbers. Nothing now from Cash Call or Delbert.

I got a letter from the Florida Office of Financial regulation that Western Sky loan is not legal in Florida. My original loan was with Western Sky. I have overpaid them over $1000.00. I sent Delbert an ACH revocation letter and they keep calling me and e mailing me about offers to get back on track. I do not know what to do at this point, Shall I send them a C&D letter.
Thanks.

weastern sky,cashcall,and delbert are all going down so yes send them a C&D certified mail return receipt.

I have had the same issues with all three of these entities. Loan, then transfer, then transfer. I have turned in my information to my state department of banking and also have revoked ACH rights from them. We will see what happens.

I too received a letter from Delbert Services in response to the C&D and ACH Revocation Letters that I sent to them. I took out a loan from Western Sky in November 2012 in the about of $2,525. From December 2012 thru August 2013, I paid back $2,452.68, which leaves a balance owed of $72.32. They sent me a letter stating the following: Please be advised that per the NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS e-mail sent to the e-mail address you provided, your loan was sold and the servicing rights were assigned to Delbert Services. As of the date of this letter (09/20/13), the payoff amount due on this loan is $3,107.65; the remaining principal balance is $2,576.54.

I live in Arizona, so I know the loan is illegal. What are my next steps?

I was the one trying to get a refund for the debit taken out by Cash Call after Delbert took over. I had contacted PNC after filing the dispute and they said it was legit and it's between you and the creditor. Well I get a generic email from Delbert today stating that my payment was returned by the bank and I owe a payment of $329. So I first think those bastards tried to debit my account even after I sent the ACH revocation letter for an October payment.

So I go to my account online and check what is going on. The payment was returned I guess due to NSF so a long story short that's the payment credited to my account that Cash Call took out on Sept 21. I really lucked out because I thought that was a lost cause. Btw still no phone calls from Delbert or Cash Call since sending the letter.

ignore this and any future emails.all three entities(WS CASHCALL,AND DELBERT_are getting slammed by over 20 states,and more are acting.if you feel the need to respond.respond like this:

how dare you even try this garbage.i don't owe but 72.32,and you are lucky to get that.so i am keeping anything else you send and informing the AZ AG about this,and if they aren't a state slamming you and cashcall then maybe a few complaints will get it started.


respond like that verbatim.

Paul,

Thank you. I will send this response to them today and follow up with whatever reply they give.

same thing happening to me and i sent them a letter telling them to not contact me. They still are. I have a family member with cancer now and need to know what i can do to stop this. I am in Texas and I have been part of federal shutdown and have gone broke, literally. What can i do about this legally?

Yes we got a loan through Western Sky/ Cash Call and it was transferred to Delbert Services.

I have not seen anything about Tennessee. Does anyone know anything about this and Tennessee? I am not sure what to do?

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@delb ertservices.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

I took out a loan in 8/2012 and have been paying every month. The original loan was for 2600 .l have paid over 4500 and recently received a letter stating my loan was transferred to Delbert. I asked for a payoff amount and they said it was 2600.. They said i have 22 more payments of 294.even though i have already paid over 4500. Is this legal in arizona?

I took out a loan in 8/2012 and have been paying every month. The original loan was for 2600 .l have paid over 4500 and recently received a letter stating my loan was transferred to Delbert. I asked for a payoff amount and they said it was 2600.. They said i have 22 more payments of 294.even though i have already paid over 4500. Is this legal in arizona?

hello, i have paid western sky cash call and delbert over 4500 for a 2600 loan, 139 % interest rate, I want to revoke the ACH auth but i am afraid they will ruin my credit, I finally have it high enough to purchase a home which i would like to do in march . i am so afraid of what they will do to my credit. Is AZ part of the 23 states pending litigation?

.

You're in a tough situation because they WILL report on your credit report. Like many people I've been around and around with the credit bureaus and they still report me delinquent. But, you've overpaid by thousands. I wish I could give you solid advice, maybe someone else will have an idea. But they will report you. Try contacting you states Attorney General to see if they are taking legal action. Most states you can file a complaint online.

I am in Texas and had a loan with Western Sky that was sold to Cash Call and now to Delbert Services. I have NEVER been late, and yet they have been calling me 15 times per day. I finally called them back today to find out it was them and they said they just wanted to "update my records" and "have me sign a new bank draft form". I asked them why? I had never been late and my bank drafts have never been denied, to which, they could not answer. I told them to stop harrassing me...What more can I do? I don't want to default, but this is rediculous!

the loan was never sold.these three pieces of garbage are/were connected,but since western sky is tribal the whole loan was illegal.do not sign a thing with delbert.in fact cc,and ws are being taken down by at least two dozen state govt's and more are following.check your DFI,OR AG to see if TX is one of them.btw since this was an illega loan(which is why delbert wants you to sign a new form)anything debited at all gets deducted from your principle.do not sign,or have another debit taken.in fact report delbert to your AG as calling that much is illegal as they are not the original lender.to close secure your account.report delbert and in this case default isn't that bad an option.

Unregistered in Texas. I am from Texas too and you can see from my posts been dealing with this for a year and a half. Please go to this link and submit your information -- you will be a member of the Texas class in my lawsuit http://www.baillonthome.com/cases/westernsky. On another note DO NOT SIGN ANYTHING WITH DELBERT -- there have been reports of people being told they were signing new bank draft information for Delbert BUT INSTEAD they were tricked into signing a new agreement with Delbert at the lender.....they try to convince you they are modifying your agreement to your state interest rate but what they don't make clear is that while you may have borrowed $2,600 (received $2,525) and already paid on it at the illegal interest rate for over a year, what you are signing has you financing the $8,000 or balance they claim you owe (for the illegal interest rate) and you are agreeing to pay 18% interest on this inflated amount. Apparently, a few people have already fallen for it so be very very careful. Think of it this way -- when WS sold and transferred to CashCall in the beginning, you were not asked to sign a new bank draft? So, why would you be asked to sign a new bank draft now? Makes no sense.

They are not "hiring" Delbert.....Delbert is owned by Cash Call and J Paul Reddam. They are not "selling" the accounts to Delbert.....when the lawsuits started piling up and their scam blown wide, they started moving these loans over to Delbert as yet another one of their shell games. TN is not a state that has taken action against them that I can find. Here is a letter you can send to Delbert. Just note that CC does report on credit reports so you are going to need to dispute with the CRAs. I'm working on putting together a sticky full of information of how to dispute these illegal accounts with the CRAs.

To Whom it May Concern:

I am in receipt of your correspondence dated (insert date here) 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) and (enter your state info here), I am mailing you this dispute letter within 30 days of receiving your undated dunning letter.

Your notice states that the account was placed with your office by WS Funding, LLC (serviced by 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 (insert your state here) (or in any state in the United States) as required by the (insert your state law/code here). Western Sky Financial, LLC blatantly and knowingly violated various sections of the (insert your state law/code here) when it issued the $2,600 loan referenced in your notice. Therefore, the contract is null and void and unenforceable. As you are aware, payments have been made on this account totaling $__________, which is an overpayment of $________ of which I have requested a refund of this overpayment on this illegal/invalid loan.

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.

same situation as yours i put a stop payment in july on payment with bank. now i have a dispute in with bank. delbert keeps calling me. have lots of emails saved from them. i also found out illegal in nj too. dont want to pay anymore. paid from november to july.

I am like many here. I got my loan from WS which was then transferred to CC. I was current on my loan before it was transferred to Delbert, and received no notice of the transfer. I just got a payment reminder email. I thought maybe my account number was leaked or hacked somehow and a bogus company was "scamming" me for money.

I therefore sent an ACH revocation and validation to Delbert. They complied with both while I researched.

I then found that the NV FID sent WS a cease and desist. My loan was originated before that letter, but I have also defaulted on my loan while looking into everything. I'll admit, I haven't heard a peep from Delbert aside from two modification notices since I sent the revocation and validation. I imagine that's because I'm in NV and I have more "complaining" power. However I'm wondering if that works in reverse and that also means they can sue?

I feel cornered and stuck since I'm in the same state as Delbert.

http://fid.state.nv.us/Notices/2013/2013-07-01_Order_CDWesternSkyFinancial.pdf

I too was down on my luck and went to WS to get a loan for medical bills. Then I received a letter in the mail stating that my loan was transferred to CC. they never asked for additional info. At the first of September, CC did not take the loan payment and I contacted then and learned that the loan was transferred again to DELBERT. I receive an email in from Franklin Services that explained that it is against the law in the state of Florida to have a payday loan more than $500.00 and also included a link the state law and BBB concerning DELBERT. Beware... they are out to rob you.

I too was down on my luck and went to WS to get a loan for medical bills. Then I received a letter in the mail stating that my loan was transferred to CC. they never asked for additional info. At the first of September, CC did not take the loan payment and I contacted then and learned that the loan was transferred again to DELBERT. I receive an email in from Franklin Services that explained that it is against the law in the state of Florida to have a payday loan more than $500.00 and also included a link the state law and BBB concerning DELBERT. Beware... they are out to rob you.

Hi - I am in Florida. I obtained a loan from Western Sky in the beginning of August 2013 for $5k and within a week received numerous daily phone calls (they still continue daily) from Delbert Services and an email from them that they bought the loan from Western Sky. Yet, a company called Cash Call is the one debiting my account. I have paid the Sept. and October payment. (current) However, I receive 5 to 10 calls daily from Delbert Services. (I don't answer and no messages are left either). After reading many of the forums on this site, I went and closed my account. I also have two loans with Mobiloan which I have over paid the principal and Plain Green.. Should I go ahead and send them letters advising that these loans are illegal in Fla? Or should I write to FLA Office of Financial Regulations? I already sent a complaint asking about the Mobiloans, LLC loan. Thank you

I would send them your letters and also file complaints against them with the FOFR. Don't let them scare you with their lies none of them are licensed to do loans in FL so there is nothing they can do legally against you including taking you to court.

Unregistered in Texas. I am thank you for the info. I was worried about it!!! And its true Delbert Service is asking to sign a new bank draft information. I didn't!!!!

Hello - Just wanted to give an update. I sent a letter to Delbert Services and received the below response today:

Thank you for your correspondence, we have mailed a letter explaining the legalities of your loan, your account has been placed into cease and desist status per your request and all future correspondence will be via email or US postal mail. We have stopped the automatic draft on your account per your request, Please keep in mind your payments are due on the 1st of each month and please understand you are responsible for repayment of the loan. If you have any questions or I can be of any assistance please call me on my direct number 714-722-6959 Monday-Friday 7:00 am – 4:00 pm PST.

I have rec'd the email from Delbert which I ignore..they call my cell a few times a day which I ignore..they continue to draft my payment monthly...I just filed a complaint with the Texas Attor Gen office and pointed out what other states are doing. I also joined the class action suit mentioned on this board. I would like to stop payment and issue cease and desist but I need a clean credit file as I am in the process of buying a home. Does everyone think I should let this ride out until after I close on the home (just don't want my credit filed dinged)--I borrowed 2500 over a year ago and remain current..thoughts??

I'm in NJ-I too fell into their trap and this went out today........also to the FTC and one to Delbert letting them know. Good luck all!!

New Jersey Office of the Attorney General
New Jersey Division of Consumer Affairs
Eric T. Kanefsky, Director
PO Box 45027
Newark, NJ 07101



Dear Mr. Kanefsky,

My name is ---------- and I am writing you today as I believe I have been the victim of usury interest. On April 18, 2013, in some financial desperation, I regrettably took out a $10,000 loan with a company called Western Sky Financial. I had taken a loan out with the same company once before for the same amount and repaid it within a month. Western Sky financial immediately funded and then sold the loan to a company called Cash Call. Shortly thereafter the loan was sold to Delbert Services. I was contacted by Delbert Services in early October, 2013; they demanded that a sign a new ACH withdraw form in order for them to debit my checking account for future payments. As of that date, I had not missed a payment. The demeanor of the representative on the phone from Delbert Services was demanding, harsh and persistent. I did not sign a new ACH form and advised them not to contact me telephonically again.

I am in receipt of a letter from Delbert Services (attached EX. 1-7) dated October 7, 2013 indicating that I disputed this debt which is not the case. Upon receipt of this letter I began to do some research. First I learned that Western Sky had been shut down. Then I learned that although Western Sky Claims to be operating under the laws of the Cheyenne Indian Reservation in South Dakota that in all actuality they have addresses in California and Nevada. I further learned that Western Sky, Cash Call and Delbert Services are all owned by the same individual, John Paul Reddam. As my research continued, I learned that several States Attorney Generals have sued all three above named companies based on illegal operation. Cease and desist orders against them have been issued based on to include but not limited to usury interest and illegal operation in the prospective State and some States have declared the loans null and void (Example Massachusetts). I also know that the FTC is investigating the companies and Reddam.

Attached to this letter, in Exhibit 1-7 includes the “Truth and Lending” statement charging me almost 90% interest. I would respectfully request that you look in to this matter as my research has also revealed that I am not the only New Jersey Resident that has fallen into this trap. Yes, at the time, I was in a situation and needed the loan but after realizing that these companies may be committing illegal acts violating both State and Federal Laws, which I abide by, I see it necessary to request your assistance.



Thank you,


--------


cc. Federal Trade Commission

Delbert does not have a contract with you so be sure to send them a cease dissist letter immediately to stop the drafts, but i dont trust them so i go to another bank. Delbert is a collection agency tied to cash call hence the same ach name at your financial institution. By law its illegal for them to talk to you without a contract binding you to them so they use cash calls bank account to collect. crooks

I just did some more in depth research and the NJ Div of Banking is working with the NJ AG's office to follow what so many other states have already done. Glad I sent those letters out.

Does anyone know if Florida has taken any action?

Can someone tell me or give me an example of a cease and desist letter you've sent to Delbert Services? I need to send them one and I need some help.

All you need to do is send them a letter- send it to their Anaheim California address. In your letter indicate your loan number. Tell them to cease and desist from contacting you telephonically. The fair credit reporting act indicates that if you do this in writing they can no longer contact you by phone. I don't know what state you're in about 25 to 30 states now have lawsuits filed against them. Good luck

I have one but I wish I didn't. Nothing but headaches

I sent Delbert Services C&D the letter by email on Oct. 25, 2013 and they responded to me within 24 hours (Oct. 26. 2013) with the following:

Thank you for your correspondence, we have mailed a letter explaining the legalities of your loan, your account has been placed into cease and desist status per your request and all future correspondence will be via email or US postal mail. We have stopped the automatic draft on your account per your request, Please keep in mind your payments are due on the 1st of each month and please understand you are responsible for repayment of the loan. If you have any questions or I can be of any assistance please call me on my direct number 714-722-6959 Monday-Friday 7:00 am – 4:00 pm PST.



Thank You,



Thank You,



Beverly Rocheleau

Customer Concerns Representative

Delbert Services Corporation

Direct Number 714-722-6959

www.delbertservices.com

That is there standard response.

That is there standard automated email response. Give it a month they will send you something in the mail. In the meantime file a complaint with your states attorney general, division of banking, division of consumer affairs and the FTC.

I am in the same boat.delbert services is taking money out of my account each month. what do i do to stop it?

I am in the same boat.delbert services is taking money out of my account each month. what do i do to stop it?

I didnt receive a letter I got a phone call telling me that they were taking over Western Skys loans and asked me to verify my information. I want to pay off my loan and be done with them. Who do I call to do this?

I'm in Indiana