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

I have read many of these messages and I don't see anything about about Tennessee. I looked at states website and it said payday advance loans were legal, but they appear to refer to the $2-300 type. I had a $2600 loan originate w/western sky in 8/12 that as sold to cash call and now delbert services. I have paid approximately $4300 in auto draft payments. Now, delbert is telling me the payoff is $2700..more than the original loan! How do I get out of this??

I received this email, however I never supplied Delbert with my checking account info and I have since closed the account that CashCall had on file:
Dear Borrower,

This letter is to remind you that your scheduled payment of $294.46 will be electronically withdrawn on 12/16/2013 12:00:00 AM.

Please make sure funds are available for this transaction. Pursuant to your loan documents, a fee of $29.00 will be charged for any returned payments.

If you have any questions, please contact our Customer Service Department at 888-983-3523.

Sincerely,

Delbert Services - Customer Service Dept.

I know nothing has been done yet in Tennessee but I need someone to tell me exactly what I need to do. I took out a loan for 5000.00 and paid back all but $4.16. I will be happy to give them the $4.16 but I really do not want to pay them more than that. I really need this money. My payment of 486.00 is scheduled to be deducted on 12/16. I have never actually given Delbert anything. I just want to know how to proceed. You all have been great helping me with the payday loans. Please help!

Contact the agency that issued the C&D (AG, Division of Banking, etc.) and let them know ASAP. Maybe they can provide you with correspondence that reiterates the loans are illegal and unenforceable for your file. When you dispute with the CRAs make sure to attach the C&D and any favorable correspondence you get back from the state. I have posted an example letter to use on the boards.

yes it is.in fact MI is suing ws/cashcall so report delbert to your AG,and ignore anything delbert,or cashcall send either usps,or email.i would send a C&D to delbert cmrrr.

Yes - the state of Michigan has issued a C&D order. Have you already sent them the letter revoking ACH and instructing them to cease phone calls and only communicate via mail? If not, follow the steps on this board on dealing with unlicensed lenders and change up the letter to meet your needs. You have overpaid them so request a refund (you'll never see it but get it on record). Make sure you address the letter to all three entities (WS, CC and Delbert). Also, make sure to file a complaint with your state agency so you are on the list of victims. Additionally, you will want to start disputing this account on your credit reports. I posted a letter you can use to send to the CRAs yesterday on the boards. You can change up the letter to meet your needs and make sure you attach the C&D orders to the letters. The key is to be persistent.

Hope -- you need to follow the steps on dealing with unlicensed lenders. Secure your bank account and then change the letter up to meet your needs and include a money order for $4.16. Make sure you send it to all three entities CMRRR and fax (I have posted the fax and email addresses for both on the boards.) There is also an example of a letter to send to Delbert posted on the boards if Delbert contacts you in a collection agency capacity. Once you have done all of this, make sure you file formal complaints with your state agencies, the FTC and the CFPB. These complaints are very important so don't skip this step. You will also want to start disputing the account on your credit reports. The key to dealing with these people is persistence and continue to dispute the accounts with the CRAs.

Because they are not registered to make consumer loans to residents of LA. They used Western Sky Financial as a front to get around the fact that they are not registered to make loans in other states - that is not an option anymore so they are on to the next scam.

they send that out to everybody just about that had a ws/cashcall loan.as long as you closed that account you should be fine,but i wouldn't put anything past this triad of tards.

Here is the fax and email info for Delbert Services - http://www.delbertservices.com/contactus.aspx and CashCall - http://www.cashcall.com/ContactUs.aspx. I would send it to Western Sky as well - http://www.westernsky.com/ContactUs.aspx.

Do you have the current email and fax information on Delbert Services and CashCall that I should send the C&D and ACH Revocation letter to? Should I still send notification to Western Sky?

no you don't pay.you report them to your AG.that is how you start the ball rolling and your AG takes action.this is an illegal loan scam that needs to be reported.can't stress that enough.just because your state isn't taking action doesn't mean you just pay this scam.again report them immediately.

Are these loans illegal in Michigan? I read they had a court hearing back in September but it was posponed. I have a 10,000 loan that originated from western sky, then cash call, now with Delbert services. I have made on time payments since June 2012 up until October of 2013. So I am now 2 months behind as of December 15 in which they won't get a payment because I closed my bank account. I received a letter in the mail today informing me I can do a deferment of 2 months if I agree to make a payment of $743.99 by December 13. I feel I shouldn't have to pay them anymore due to the fact that I have already paid them almost $12,000 already. So what should my next step be? They call me every hour on my cell and email me. I don't want them to garnish my wages, that's my biggest scare.

I'm now with Delbert since September. I live in Michigan my original loan amount was 10k I've made a total of 11k already, I recently closed my account waiting to see what happens next. Not sure if the loan is illegal here or not

Have others received the letters with the offer of a "deal" where they reduce your interest (supposedly) but extend your loan out by several months? In addition to that, there is a statement in the letter saying that the last month's payment "may be different than the monthly payments" due to how they calculate interest, etc. So the small bit of money saved if any could be made up with a large final payment?
I stopped the ACH withdrawals and sent a cease and desist order to Delbert and they are now only contacting me via regular mail. They are destroying my credit. But it is my fault, so my question is: If I file a complaint with the state of Nevada, what is the basis of my complaint?
Many, many thanks to this forum & community!

Can you please help me with this? I lam in Tennessee and this would be a great burden off of me. I owe them $4.61 as I have already paid them $4995.39 of the $5000.00 I borrowed. This was such a mistake.

Nevada has banned WS, CC and Delbert so they are aware of these loans. You need to contact them and file a formal complaint. Yes, we have all received those letters -- pretty standard. You end up paying the same amount under the guise that you are getting a "settlement deal" - DO NOT SIGN ANYTHING. Start disputing with the credit bureaus using this letter and including copies of the Nevada orders.

Dear Madam/Sir:


I am writing regarding a purported debt being reported by information furnisher Cash Call, Inc. (Cash Call Account No. (insert your account number here)).

The trade line in question is regarding an unlawful, criminal and void internet “payday loan” which is of no legal force or effect and of which I was the victim that is being reported by information furnisher Cash Call, Inc.

As additional background, Cash Call, Inc. is not licensed in the State of (insert your state here) where I reside to issue payday or installment loans. Further, the loan was originated through Western Sky Financial, LLC (located in South Dakota) in July 2011. The loan was supposedly funded by Western Sky Financial, LLC and was immediately transferred to Cash Call, Inc. Western Sky Financial, LLC is also not a licensed lender in the State of (insert your state here) or in any state in the United States.

These Western Sky/Cash Call loans have been found unlawful and unenforceable by numerous states. Additionally, the Federal Trade Commission has filed a lawsuit against them for deceptive and unlawful practices and recently won a partial summary judgment on the matter. In fact, Western Sky Financial, LLC, in September announced that it was shutting down its lending operations due to the amount of federal and state enforcement actions and lawsuits against them regarding these illegal loans. Further, Cash Call, Inc. is notorious for illegal, fraudulent and deceptive practices and has been banned from providing mortgage loans and/or consumer loans in multiple states and by federal agencies. This new “rent a tribe” scheme is very similar to their previous “rent a bank” scheme that was shut down by the FDIC.

Additionally, I have made payments that exceed the amount borrowed on this illegal loan and was never late on any payment. However, Cash Call, Inc. continues to report this account as (insert how it is reporting here - i.e., late, charge off, etc.)

Cash Call, Inc. is knowingly and blatantly reporting this illegal trade line on my credit report with (Experian/Equifax) and I request that this trade line dated (insert the date the account was opened from your credit report here) be deleted in its entirety and that information furnisher Cash Call, Inc. be held to a higher standard by (Equifax/Experian) when consumers dispute these illegal accounts and (Equifax/Experian) contacts the company for validation. What they are doing is illegal and nothing short of blackmail and extortion. (Equifax/Experian) has a duty to consumers to properly investigate disputes against this information furnisher and not provide them with the gateway to further perpetrate their illegal loan scheme.

For your convenience, I am attaching Cease & Desist orders pertaining to these loans against Western Sky Financial, LLC (loan originator), Cash Call, Inc. (loan servicer), and Delbert Services (loan servicer/collector). Should you need any further information, please feel free to contact me at (insert your phone number and email address here).

Respectfully,

Change the letter up to meet your needs and pull the copies of the orders (against all three entities) issued by the Nevada Department of Business and Industry Financial Institution Divisions. You can find the order against Western Sky Financial here - http://fid.state.nv.us/Notices/2013/2013-07-01_Order_CDWesternSkyFinancial.pdf. This should point you in the right direction for you to find the other orders.

All loans originated by Western Sky Financial are illegal. You will have to secure your bank account, follow the steps in the sticky dealing with unlicensed lenders and change the letter up to meet your situation. I would send it to all three entities - Western Sky, Cash Call and Delbert. There are several states that have already taken action against them on these loans. If you want to give me a state, I can see if yours is one of them. You n eed to file complaints with your state AG, the FTC and the CFPB -- this is a very very important step so make sure to get your complaints filed. There are also a handful of class action lawsuits depending on your state.

I found out my loan was issued after the C&D in IL. Would think that's even worse than just being illegal...who could I contact about the C&D violation?

Live in Texas and took out a 2600.00 loan 8 months ago with Western Sky, about a month later it was transferred to Cash Call, and two-three months later transferred to Delbert. I have paid faithfully every month on time and payments withdrawn from my checking account. After the transfer to Delbert I started receiving calls from them daily, sometimes calling 4 to 5 times a day, I quit answering their calls since my payments we're on time the only thing I can think of is that they want me to sign an agreement to keep pulling money from my checking account. I will not sign any new documentation with Delbert, all that was done initially with Western Sky, so now I wonder if it is still legal that they keep pulling this 294.00 charge out of my account. I also just checked and the initial loan of 2600.00, and after making 8 payments of 294.00+, the payoff is over 2800.00. Every time I make a payment the payoff goes up. I would like to know if I have any legal options in this matter.

yes i have one of the loans from western sky, then cash call kept calling me and now serviced by delbert, i am so very confused and somewhat afraid, wish i had the money to get out of this mess, please advise

They came to a settlement in N.Y. but has to be submitted to a court , this includes ceasing of all collections of interest above 16% and N.Y. appointing a third party to dispense refunds. Problem is they have 30 days to modify the loans to the state rates after approval of this settlement by the courts, that means 30 days of shady collection business as usual even after the effective settlement date, and who knows when that will be. They should of put a moratorium on any collection during this 30 day period. The N.Y. A.G. announced the deal on 1-24 but on1-27 I had my reminder for the 2-3 payment I put a stop pay but I got an e-mail today 2-5 wanting a money gram payment immediately. I talked with one of the attorneys from N.Y. he wasn't very reassuring that approval would be soon.

Unregistered in Louisiana - I can tell you from my experience (and I have been fighting tooth and nail) that once I sent them the ACH revocation and C&D from calling me only communicating in writing that I never had a phone call from CC or Delbert and to my knowledge they never contacted my employer or references. Do not be scared. These loans are illegal -- Western Sky has gone down and CashCall/Delbert is headed down to. They are scrambling to keep afloat and pay all their attorney fees. Make sure you secure your bank account and follow the instructions on the board about revoking ACH -- make sure you send to all three entities. Then file complaints with your state AG, the FTC and the CFPB (this is an important step). They will mess with your credit report but the CRAs are getting wise to their extortion tactics using credit reports. You need to make sure to dispute this account with the CRAs. I am going to work to put together a sticky that has template letters and contact information that everyone can use to fight these scum bags at all levels.

Does anyone have the link for the state of Florida? I know they have filed a law suit but not sure where to go to file my complaint.

Standard letter everyone receives. WS Funding LLC is a subsidiary of Cash Call -- they tried really hard to conceal this but it has been admitted in various court documents. The reason they are able to debit it is because as the letter states, Cash Call "services" the loan. The loan was processed by CC, the loan was funded by CC using an account set up in WS's name (proven in court documents), the loan is serviced by CC and ultimately it is sent to collections to CC (through Delbert). It has always been and continues to be 100% Cash Call. You only need to take a copy of the ACH revocation with you to your bank. You don't need to give them a reason as to why you want to revoke ACH - it is your right under Reg E. Another approach would be to tell them that your identity has been compromised and your information breached and that you want to close out your account and terminate any and all ACH payments and open a new account and make sure they do not link any of your ACH payments to the new account. If you currently have any auto payments or direct deposits set up, you will have to contact all of them to give them the new information, BUT it is a small price to pay for peace of mind. Some people find it easy to accomplish and their banks work with them, but others have trouble getting the banks to work with them if they go in and try to explain why the loan is illegal, etc., etc.

Register with the forums when you have time. All the information you need is located in the forums.

Thank you Momofthree for all of your hard work. I am curious about the letter I received from Western Sky immediately after my loan was funded. I have never received anything from Cash Call to inform me that my loan was sold or transferred to Delbert Services. But this letter has me concerned because CashCall is the company that continues to debit my account. I do realize that they are the same company, but how is it they are able to continue to debit my account, when the money is now actually going to Cash Call..and how can explain this to my bank in order to get them to stop the ACH withdrawals?

NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS



This e-mail concerns the personal loan that you recently obtained from Western Sky Financial. Please be advised that your loan has been sold to WS Funding, LLC. This letter is your official notice of the loan sale and the transfer of loan servicing. Effective today, your loan is now owned by WS Funding, LLC and will be serviced by a company called CashCall.

The outstanding principal balance of your debt as of this date is $2,600.00. Unless you dispute the validity of the debt, or any portion thereof, within thirty days after receipt of the notice, CashCall will assume the debt to be valid. If you notify CashCall in writing within the thirty-day period that this debt, or any portion of it, is disputed, CashCall will obtain verification of the debt and will mail it to you. We will also provide you with the address of Western Sky if you so request.

Going forward, CashCall will handle the servicing of your loan, which means collecting your payments and handling related issues. We wish to assure you that the terms and conditions of your Promissory Note and Disclosure Statement will not change in any way, except for the fact that you will now be making all of your payments, including your first payment, to CashCall. As stated in your loan documents, your first payment of $243.75 will be due on March 1, 2013. Western Sky will not accept payments from you beginning February 12, 2013.

CashCall 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 26776042.

To ask about this statement or general up-to-the-minute account information, please call 1-877-525-2274. Our hours of operation are 6 a.m. to 8 p.m. Pacific time Monday through Friday; 8 a.m. to 12 p.m. Pacific time Saturday. Or write to us at:


General Customer Service Inquiries:
CashCall, Inc.
1600 S Douglass Rd
Anaheim, CA 92806
info@cashcall.com


Payments:
Attn: Payment Processing
CashCall, Inc.
P.O. Box 66007
Anaheim, CA 92816

Momofthree....could you possibly list the states that have taken action against these guys? It sure would be helpful to all that is starting this battle. Much thanks!

Thank you for your helpful advice. I am waiting to send CashCall/Delbert Services the ACH Revocation letter, until a few bills are deducted from my account for this pay period and a check to clear. My next payment to CashCall is not due until the 15th and it takes them a couple of days to withdraw it for some reason, so I should have time, before they debit my account. I was curious, so I went to the CashCall website, and I no longer have an account there. So, I was even more curious, so I tried to apply for a loan and was asked what state I reside in, and once I put Louisiana, the reply was they do not loan to individuals in Louisiana..only businesses. I thought that was odd. Do you know why that is?

I'm in nj, is there any action that nj is doing to stop this I can't tAre this any more please help

I live in Louisiana. I got an online loan of $2600 from Western Sky. It was transferred to Cash Call and now Delbert Services. Cash CAll is the company that pulls from my bank account. I have never signed anything with Delbert Services, but they have called me 4 to 5 times a day, and do not leave a message. I have made 9 payments of $294. I am scared to stop the payments because I don't want my work to know that I was stupid enough to get this loan in the first place. Is there any guarantee that the steps listed below will stop this company from calling my employee, or my references?

I, too, am in similar situation with Cash Call / Western Sky / Delbert Services. I live in the state of Texas. I had a loan for $850, for which I only received $500, after their $350 "fee". I have since paid back over $750. My account has been closed and so of course the collections calls have started. I've emailed them the Cease and Desist letter and received the standard reply back stating I would receive a letter in the mail outlining the legalities of my loan and that I am still responsible for it. I do understand that they will ding my credit, but at this point, my credit unfortunately is in pretty awful shape anyways. It isn't worth continuing to pay these scumbags.

What do I do from here? Anything?

Dear Borrower,
Your account is now past due. We have not received your payment and pursuant to your loan documents, a $29.00 late fee has been assessed to your account.
If you have not mailed your payment or recently talked to one of our customer service representatives prior to receiving this letter, please call our Customer Service department at 888-983-3523.
Your loan has now been transferred to the collections department and a loan counselor has been assigned to your loan. Our loan counselors will be able to assist you with a short term payment solution.
Sincerely,
Delbert Services - Customer Service Dept
888-983-3523

maybe TN hasn't taken action is because there aren't enough complaints.a little FYI here.delbert is not going to help you.they might lower the payment,but will add years to the loan meaning you are still paying an ungodly amount on this loan.btw the paper will be a new contract making it legal when now it's not.another btw when you send the c&d since they are not the OC ws was.you can sue them.bottomline is they are not helping you.file ag,dfi,and ftc complaints and do not pay the other 50.00.if you do you will regret it.mark my words.

The email I had sent with MY info somehow was forwarded to/replied to another person. That person contacted me said said hey JUST FYI....they forwarded me your information including your account information! WOW!

read momofthree27's post above yours.follow her advice.btw texas is taking action on these loans so report this and forward that email,and secure your account.

To my knowledge, Cash Call/Delbert has never sued anyone over the Western Sky Financial loans in a US court because to do so would automatically waive their "tribal immunity" that they claim makes these loans "legal". They can't have it their way. However, if you ever signed any type of modification agreement with CC or Delbert, they may be able to sue you. That is why we always instruct people on the boards to NEVER sign anything with CC or Delbert. The letter you received is a standard letter everyone gets. If you haven't done so already, you need to send them the letter notifying them that you are aware the loan is illegal and revoking ACH, etc. You can find it under the sticky "dealing with unlicensed lenders". Follow the steps and change up the letter to meet your situation.

your AG'S website,or the DFI website should have info on it.

I guess since TN is not taking action I am gonna have to pay. THey have contacted in a skip trace my spouse and boy that didnt go over well. He is very sick and they are putting much added stress on me. This company has really hurt those that are desperate such as myself.

if you read the thread,and my post on this page texas is taking action against all three entities.did you sign that form in regards to delbert.if so you basically agreed to new terms.if you didn't and your numbers are cprrect you owe 248.00 only/let delbert take one more 294.00 then close that account immediately!keep ignoring their calls as they as well as cashcall are going down in flames.

Reponse: I am in the state of Tennessee. They said once I make the $150.00 payment that they will send me papers to sign to lower my rate. I have secured my account so they can not take money out. That I am aware the state of TN has not taken action. I have not sent a C&D letter but I did send them the $100.00 of the $150.00. I got a call Tuesday (I didnt take it) asking for the other $50.00 by the 31st or the deal of lowering my rate was off. I dont want this to end up in court or calls made to my spouse who is ill or to my employer. Thanks for any guidance you can give me cause I dont know what more to do. Its a burden to pay and I have advised them if I could I would but I need help!

I have a loan which originated with Western Sky in which I received an email stating it was sold to Delbert. I live in the state of Texas. Is this legal? What can I send them to make sure they do not put on my credit?

This is what they emailed me:
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 27341467.

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

Has anyone any idea what happens next? Do they try to sue us? Should we respond to the letter? Do we ignore it?

received a letter from Delbert Service saying i owe them $4600.30 on a $1,000 loan this is the first time i received a letter from them , loan was taken out last year i trying to contact them but got no response by email or phone calls , I live in New jersey can anyone tell me what are my options

Deannab - the state of Illinois has a Cease & Desist order against Western Sky - http://www.idfpr.com/DFI/CCD/Discipline/WesternSkyCDOrder3813.pdf

how is Texas taking action? I haven't found anywhere that shows this on-line? I did file a report last month with the AG banking division---can you point me to where I can review what TX is doing? thanks!.i keep paying these people as I am in the process of buying a home and cannot have any dings on my credit

If you do get served, go to court and put on an affirmative defense. Chances are they will not take action because they are being sued by 14 states, the U.S. government, and about 500 individuals. Not to mention a few class actions. These loans were illegal in every state. They know it and now are desperate to collect what they can while they can. As stated in other posts Western Sky, Cash Call, Delbert Services, and WS Funding are solely owned by John Paul Reddam and in no way were ever affiliated, owned or operated by any tribal nation. Western sky was merely a business entity registered on a Native American Reservation. The loans were never even processed by Western Sky. Most if not all of them were processed and administered by Cash Call out of California.

Sounds like you have a slam dunk against them - the recordings may not be admissible if you didn't ask for their permission to record prior to recording, but you definitely have them for several violations and can prove their criminal tactics. And just FYI -- Delbert is CashCall so they didn't really purchase anything....they just switched all of these accounts over to Delbert because CashCall was being banned in so many states and ACHs were being blocked.

I checked my credit report yesterday (1/2/14)and Delbert has noted it as 30 days late, even though it's more like over 150 days late because I'm not going to pay them another dime!

they are crazy,dellusional,stupid,and evil.ignore it entirley.