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

Where do I go? Thank you

so no sign of action being taken by Texas on the AG website or the DFI site..searched and queried all 3 entitities..i filed a complaint a few months ago and joined the class action suit....still paying and current but have already paid back the principal on the loan and now they are just taking all that interest!

Hi, I too took out a loan with Western Sky/Cash Call. Recently I recieved an email stating Delbert Service is now servicing my loan. I didn't have a problem w/paying Cash Call back. I was a bad mistake but I'm educated and knew the price I was going to have to pay to get the $ I needed and after a BK needed to rebuild my credit. My issue is now the same as yours. My credit report shows Cash Call balance 0 and Delbert is taking $ out of my acct w/out my auth. I've logged into their site where they keep trying to get me to sign their electronic agreement and I refuse to do so. My agreement was not with them and this loan is no longer helping me establish my credit. So, basicly I'm just paying the loan shark for the hell of it. Anyways, I plan to send cease & dease letters certified to Western Sky, Cash Call, & Delbert. I plan to send proof to my CU and Delbert that Cash Call has a 0 balance on my credit report. I plan to print a copy of the auth agreement showing I never signed for them to withdraw out of my acct, and plan to stop payment on any ACH. On www.tn.gov under license payday loans Western Sky/Cash Call are not listed. It also states you can't have more than $500 out and payday loans can't be initated through internet. I also found a suit that was filed under GA state against them. Good Luck!

I have paid back $6281, on a $2600 loan to CashCall/Western Sky. I stopped paying this summer after they out of the blue sent the loan to Delbert Services (as they did to everyone else). I haven't heard anything from them in months, but just received a text message wanted to do a settlement. They say I owe $7700 more on the loan, but that I can pay $1900 and be paid in full. ARE THEY CRAZY??!!!!

In December, the Attorney Generals' office filed suit against Western sky Financial, LLC, Cash Call, Inc., WS Funding, LLC, Delbert Services Corporation, and John Paul Reddam.

I am ready to file my own case and have completed the complaint with the help of an Attorney acting as an adviser. I decided it will be in Circuit Court so I will be able to ask for punitive damages. I expect I will win by Summary Judgement because from what I've found in other individual complaints, no one ever answers a summons. Reddam is no where to be found and may be out of the country.

Here is the link for the Florida complaint in PDF: http://myfloridalegal.com/webfiles.nsf/WF/MMFD-9ENM7P/%24file/WesternSky.pdf

Since they state all calls are subject to monitoring and recording there is no expectation of privacy. In addition, voice mail messages are recordings are also exempt from privacy issues.

Updte on Florida case. I looked at the docket from the Thirteenth Judicial circuit and all the subpoenas have been served and returned. One each to Western Sky, WS Funding, Cash Call, Delbert Services, and John Paul Reddam. I expect a hearing date will be set in the next 10 days. At the present time, Pam Bondi's' Office (Florida Attorney general) is in contact with all defendants involved and there may be a favorable outcome without the state having to go to court. This is why I am waiting before I file in Orange County.

What State are you in?

Delbert Services is attempting to modify the loans to comply with each states' laws. Don't sign anything and stop paying. Close you account if possible.

In addition to civil action, the State of Florida is considering Criminal action as well. Pam Bondi is very serious about these people. In Florida these bastards have actually sent people in person to get signatures on the revised terms (some claiming to be law enforcement), called using a spoofed caller ID, and threatened criminal action if you don't sign. All of which are strictly forbidden in Florida and under U.S. Code. Remember we don't have debtors jail in the United States. Don't be afraid of these people. Keep all letters, emails, get your phone records, record all calls, have a camera by your door in-case they send someone out in person, and if they do, get a picture, their tag number and immediately call 911. File a criminal complaint and state you are/were in fear of your life and or property. Trust me, cops don't like cop impersonators.

They are wanting to lower my rate but 1st I have to pay $150.00 Then I wont have a payment due till March of $150.00. They are calling my work, me and my spouse who they got his number thru a skip trace. I cant afford this and I told them so. I was actually gonna try to work with them to stop the harrassment but no matter what they wont work with you. I do not want them calling people I didnt OK them to call. I give up!

Nevada residents I thought you might find this update interesting. I was a bit worried being a Nevada resident and Delbert being based out of Nevada. I wasn't sure if they could try to pursue civil suit even though Western Sky was issued a Cease and Desist. My loan was funded through WS before the issue of the Cease and desist.

Please see that Delbert Services cannot utilize the Nevada courts to seek legal action against WS, CC, and Delbert customers!

http://fid.state.nv.us/Notices/2013/2013-12-24_WS-FID_GlobalConsentOrder.pdf

I understand there is a federal lawsuit against Western Sky/Cash Call/Delbert Services. I would like to know what steps and/or necessary actions that debtors in Texas can avail of. This loan has put unthinkable and extreme financial burden on me and causing me enormous amount of stress. I would like to know from others on this forum what should be done. I have been paying the loan so far but it has become very hard. I have already paid back more than the original loan amount of 10K.

Unregistered in Texas.....I am in Texas and started the class action lawsuit in federal court. Please register with the forum and private message me -- I would like to get you on my letter writing campaign to the Texas AG, Texas OCCC and top Texas Senators to take action.

momofthree gave you the URL to the cease and desist issue by our state on the preceding page.go to it and click it.delbert is part of ws/cashcall,and is totally illegal.btw yes they were reporting in peoples CR'S,but they are getting deleted as more states are taking action.do that knowing they lie under oath in court.are evil to the core,and where they going one sweet day the coldest day is 500 above.

I took out a loan w/ Western Sky/ Cash Call and received notification of the switch in July. Delbert started calling me daily to fill out a form to give them authorization to deduct payments...I have been paying every month $294 on a 3500 loan. I'm in TX and i have contacted my bank to have them stop the payments from Cashcall (since that's what they have been deducting from on my bank statement) today. Let me know about the class action lawsuit

Same scenario. Western and cash call sell to Delbert. All within 3 days.
Also have problems with American Web.
Jrob1chef@aol.com

Unregistered - what state are you in? Your state may already have taken action which makes their harassment that much worse and you can use it against them. Also, where are you in the process? Did you already send them the letter to revoke ACH, secure your account, etc.? What they are sending you is a remodification agreement that they try to dupe everyone into signing directly with CC or Delbert taking WS out of the loop. Be careful to not sign anything with them. If they are harassing you, you can send all three of the entities a C&D to not contact you, your employer, your relatives or your references. I know for me when I revoked ACH I instructed them to not call and asked that the only communication be in writing. The honored this HOWEVER that was back in 2012 before they became so desperate. If you want to respond back with your state and where you are in the process, we will be able to assist you a little more.

Yes I think it's them with a different name because they said they are still servicing the loan for them, sounds like their usual nonsense and double talk!

I live in Illinois. In December 2012 I took out an online loan in the amount of $2,525 from Western Sky/Cash Call. Sometime in 2013 Delbert Services Corporation took over the loan.

I have made monthly ACH payments in the amount of $294.46 since January 2013. So far my payments have totaled $3,827.98.

On January 24, 2014 I sent Delbert a Cease and Desist letter via email. This was their response to me:

“Thank you for your correspondence. As of 1/24/14 your account has been placed in a cease and desist status. We have also received your request to stop your ACH automatic withdrawals and as of 1/24/14 your request has been processed. All communications from Delbert Services going forward will be communicated in writing through mail or email only. We have sent you a letter of Validation via USPS to further explain the legalities of your loan. Please understand that you are still responsible for the repayment of the loan. I would personally like to address any concerns that you may have regarding your loan. You may contact me directly at 714-221-3819.”

I don’t think that any of these businesses are/were licensed to do business in the state of Illinois. My initial thought was just to ignore them going forward, however, I have heard that Delbert is putting derogatory marks on people’s credit reports.

Any insight would be appreciated.

The U.S. District Court in South Dakota as well as the Cheyenne River Sioux Tribe have both denied WS/CC/Delbert any right to use Tribal Law. Remember, Tribal law only applies to members of that tribe living on tribal land. Besides, Delbert Services is not tribal affiliated in any way and operate as a for profit business in the states they are registered. In Florida, they are a foreign corporation headquartered out of 7125 Pollock Dr, Las Vegas, NV 89119. If you have read any of the rulings already handed down in the states who have successfully sued them, you would have realized this. Western Sky is no longer. In addition, the evidence shows no one had a loan with Western Sky, all were processed in California by Cash Call. One more thing, the Cheyenne River Sioux Tribal laws limit personal loans to 18 percent. All of this tribal crap is just that, crap. They have ignored more that 100 individual law suits and lost by summary judgement. in the three cases where they have actually filed suit against debtors in Florida, the judges in each case dismissed the cases with prejudice and ordered refunds of the excess interest paid bt the debtors.

It has already been ruled on and is on appeal at the moment. However, since that time CC's scam has imploded on them and there is no way they are going to win the appeal. The plaintiff has a solid complaint as he was allowed to file an amended complaint. Like I said, this pro se plaintiff blew the lid off of their scam because they were so arrogant and though they could push him around and bluff the judge like they always do. What they didn't know, he is tough as nails.

if your loan has been transferred to delbert, all of the tribal claims are moot. the defendant is now delbert services. western sky, ws funding, and cash call no longer have a claim to any monies, even though they are all owned by john paul reddam.

the decision you referred me to is being reconsidered, most likely because of the u.s. case as well as the florida case, and because the plaintiff did not word his/her complaint properly.

http://scholar.google.com/scholar_case?case=16315552837191983022&q=Inetianbor+v.+CashCall&hl=en&as_sdt=40006&as_vis=1

Illinois

I just received a letter from them saying that Consumer Loan trust is now the creditor. Has anyone heard of this? I owe on a western sky loan which I have'nt paid in a few months. I turned down their offers because I don't trust them.s3ifm

that is new.i would report this place as well.it could be them just under a different name.wouldn't put it past them.

Strangelove - just to let you know both WS and CC answer every lawsuit filed against them with very high priced lawyers. Their M.O. is to file a Motion to have the case removed from state court to a federal court and then to file a Motion to Dismiss and a Motion to Compel Arbitration citing tribal immunity, jurisdiction selection clause and arbitration clause. They have a history of bullying anyone who dare sue them, lying to judges on the record and changing their story (and the contract) as they go along. There is a very well documented FL case (Inetianbor v. CashCall) that you can look to for examples of how they operate against pro se plaintiffs. This case was the case that really turned the tide against CC because they were just that cocky - and Reddam believes he is above the law. This plaintiff worked closely with the FL AG's Office and FLOFR to bring charges against WS and CC.

they are evil,and retarded.they also lie under oath in court in front of judges no less so there idiocy is par for the course for them.i doubt they will willingly step in any court so i'm glad to see you sent them the c&d with all the other paperwork.maybe that will shut them up.

if you signed anything sent by delbert then there is nothing you can do.in fact there is nothing legal about this.it became legal whe you signed the form they gave you,and you gave them your bank info.bottomline is since the loan was originated in aug 2013,and it was most illegal you probably paid the 2600 back,and then some.the enormous interest is a hint of their illegality.also chances are great that your OK AG,or your DFI is taking action against ws/cc/delbert.unless you can prove you were coerced into signing you are on the hook.sorry.

My husband took out a Western Sky loan for $2600 in Aug 2013, a week later we got a letter in mail saying it was bought out by Delbert. We have made regular monthly payments. And required to give bank account info for payment to be taken out. We have no issue paying the $2600 back but my husband did not understand that by time we pay loan back we are paying $13,839.62. We have children with special needs, we can not pay that kind of money to them. What can we do?

I borrowed 1500.00 of which I only received 1000.00 in august of 2012. Paid back over 1700.00 and stopped paying when Minnesota AG filed suit. I received a letter from Delbert services the end of January 2014 saying I still owe over 2600.00 and that I had so many days to dispute and then they would get judgment against me. I sent cease and desist letter and reminder them that the loan was illegal, usury interest rate. No Mn license and etc and also sent copy to MN Attorney General along with another complaint. I have no intentions of paying another cent to Cashcall. Interested to see how they explain this to a Minnesota court.