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Dealing with Delbert Services/CashCall

Submitted by HangingTightinFlorida on Sat, 03/24/2012 - 05:37
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In 2007 I took out a loan with CashCall. Due to finances I stopped paying in 2009. In The spring of 2010, I recieved a communication from Delbert Services that they now had the account. I sent the Debt Validation and Cease and desist letter using a template from this site. The response did not come from Delbert but from CashCall. In addition to all account info, the letter indicated that the account was now with Delbert Services.. But there was a problem: in my letter I had asked for documentation that Delbert was licensed in my home state of Florida. There was nothing in their response addressing this issue. Over the past two years I have recieved numerus settelment offers from them but have not responded because I did not believe they were licensed here. . Last week I recieved another settlement offer, but yesterday I recieved a different communication in which they are threatening to move ahead and posibly take me to court. My last payment was in the fall of 2009 to cashcall.

I have two questions:
1.CashCall loans are or were funded by the National Bank of Delaware. The APR is 59% . If I understand it correctly, Florida Ursury laws do not protect me since its a bank and they can charge what ever APR they want. Is that correct?
2. What are my rights since they failed to give me their Florida license info? After recieving their communication a few days ago, I researched I found they are licensed. But aren't they required to give me the info if I request it in a timely manner? ( its been two years since I requested).
My request in 2009 was sent via certificated mail.
Looking fot advice.
Thanks


nothing related to western sky is legit.report them asap.first to your AG.then the FTC.if they send you anything discard it.they are going down along with western sky,and cashcall.


Submitted by paulmergel on Fri, 01/31/2014 - 10:03

paulmergel

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I live in the state of alabama. I got a loan with Westernskye. Now a Delbert Services is harrassing me. Is this legit?


Submitted by on Fri, 01/31/2014 - 09:24

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The point of the matter is this, CashCall is an illegal entity in every state and any loan granted by CashCall is illegal regardless of who funded the loan. You don't have to pay back anything other than the principal amount that you have borrowed. If you have paid more than you had borrowed, ask for a refund.

A DV letter won't get you license information. It is purely meant to ask for documental evidence to prove that the collection agency has the legal right to collect the debt.

Legal action, jail time and criminal charges are all hollow threats to scare you into paying up. If Delbert calls again, say that you are in the process of filing complaints with the AG and the FTC. Do file the complaints. You can also sue Delbert since they ignored a Cease & Desist letter.


Submitted by StevenDoyle on Mon, 03/26/2012 - 02:51

StevenDoyle

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Thank you for your replies. I wish you were right. They are both licensed to do business in Florida as I discovered over the weekend. Also, this was a personal loan, not a payday loan.
If either of you have information to the contary PLEASE let me know.


Submitted by HangingTightinFlorida on Mon, 03/26/2012 - 04:54

HangingTightinFlorida

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As you can see, Stephen and blankspace don't know what they're talking about.

Since this is an installment loan, PDL laws don't apply.
Since it was signed with FBD, it's legal and, as you said, CashCall is licensed in FL anyway so, you'll have to pay it.

Your best bet is to try to negotiate a settlement with them.

They're not required to prove to you that a collection agency is licensed. You can look that up yourself.

Call them and try to work something out.


Submitted by OhioGal1 on Mon, 03/26/2012 - 07:48

OhioGal1

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I have deal with Cash Call too and after paying the principal of $1,000 on a loan they were still asking me additional payment at a APR of 190.90% for 23 months!!!! I contact the Florida Office of Consumer Affairs and was told thay they are not licensed in Florida.
They sent me a letter saying that the loan was "subject to the laws and jurisdiction of the Cheyenne River Sioux Tribe". The Florida Dept. of Consumer Affairs told me that was wrng and that I didn't have to make any more payments since I paid the principal.
Cash Call put an item on my credit report and I am disputing it for the reasons mentioned above.
Any suggestions?
Thanks.


Submitted by lrhall41 on Fri, 03/30/2012 - 12:27

lrhall41

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I have posted the link to a Florida C&D order regarding these illegal Western Sky loans. I can also tell you that the Florida AG and FLOFR is also looking at filing additional suits against them so you need to make sure you get your complaints on file. Most of the states that sued WS prior to the discovery of CC being the de facto lender, etc. are now going after CC/Delbert for loan servicing and collection of these illegal loans (Colorado for example just filed suit against them yesterday). Also the CFPB filed suit against CC/DS yesterday over the collection of these illegal loans.


Submitted by momofthree27 on Tue, 12/17/2013 - 08:44

momofthree27

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New Jersey State Information
Legal Status: Prohibited

Citation:
Consumer loan act applies but rates as agreed to by contract. N.J. Stat. Ann. tit. 17:1 et seq. However, criminal law sets the usury cap at 30%. N.J. Stat. Ann. 2C: 21-19. A check cashing licensee cannot cash or advance money on a postdated check. N.J. Stat. Ann. 17:15A-47.

Small Loan Rate Cap
30% per year

Where to Complain, Get Information:
Regulator: New Jersey Department of Banking and Insurance
Address: 20 West State St. Trenton NJ 08625
Phone: (609) 292-5360
Fax: (609) 292-5461
Regulatory Contact: Ludi Hughes, Assistant Commissioner
Regulator’s Website
Complaint Form
Complaint Instructions
Online Resources:
Personal Finance Information


Submitted by on Tue, 12/03/2013 - 15:26

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i also took out a loan with western sky, then in turn sold to cash call then sold to delbert services all within 3 week time. the total loan that started out with western sky was $1500.00- i made payments of $901.00 then upon calling for a payoff they told me to paid if full was $1467.00 which i paid....did i get screwed?? and if so what can i do now about it?? i live in KY.


Submitted by on Tue, 12/03/2013 - 11:02

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I got an email from Delbert Services and would like to send them this attachment so they do not bother me anymore. Anyone have their email? The email came from DO.NOT.REPLY so if I reply, it comes back returned.
Thanks.


Submitted by on Fri, 12/06/2013 - 13:30

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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.


Submitted by stopCC on Wed, 10/02/2013 - 08:59

stopCC

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I got a loan and when I called to get my finish date they tolld me 2015 for 1500 loan and only got 800. The calculations show I would have to pay 4000 by 2015. NOT! I will pay until september of 2013 and that is it. If there is a problem after that, I will deal with it. By the way is it legal in the state of Minnesota.


Submitted by on Fri, 10/11/2013 - 08:49

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If this loan was originated through Western Sky Financial then no -- it is not legal. In fact the MN AG has a lawsuit against Western Sky/Cash Call. You need to contact the MN AG's office ASAP and get direction from them. Lori Swanson's office is pretty good at protecting consumers from what I have read.


Submitted by momofthree27 on Sat, 10/12/2013 - 08:59

momofthree27

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the loan orignated with western sky then sold off to delbert services and noticed on the withdrawals that it is cashcall withdrawaling the money.
So you are saying that they are illegal and only have to pay the loan amount and no interest. Hubby didnt realize till after the end of the call that the rate was so high. He thought the guy said 5% not the huge amount that came thru. Unreal.nad Unamerican.
thanks for this guys


Submitted by on Mon, 10/14/2013 - 06:05

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what if you dont live in the state where lori swanson is


Submitted by on Mon, 10/14/2013 - 06:27

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I took out a loan from western sky last year and my payments come directly out of my checking account and the loan is serviced by cash call. I am receiving calls from Delbert services saying they are now servicing the loan and to give them my banking information. I have declined to do this, since I have never been notified by Cash Call that they no longer have the loan. My question is, since I have never been notified of the change, am I obligated to give my info to this new company? I wish I had never had dealt with Western Sky to begin with. I've already paid back the principle, now it's all interest. I've seen that Western Sky's website has been shut down. If they are no longer operating, do I still owe? It's a very confusing situation.


Submitted by on Mon, 10/14/2013 - 18:07

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BE VERY CAREFUL what you agree to with Delbert. These Western Sky loans are illegal in every state and on the reservation and they are being shut down in over 25 states and growing every day. What state are you in? Maybe it's one that has already taken action. Whatever you do, do not sign anything with Delbert -- it is my understanding they are doing some very shady things with these Western Sky loans that they are now servicing. Instead of signing a new ACH, you are signing a new agreement with Delbert at a "legal" interest rate, HOWEVER, instead of paying on a $2,600 loan, they take the inflated balance of what you would have paid at the illegal interest rate and not accounting for anything you have paid previously. For example, you borrowed $2,600, you paid on it for a year and have paid in over $3,500 of which nothing went to principal. They take the balance of what they say you owe at illegal interest of $11,000 and use that as your figure to calculate the new "legal interest". So you are now paying 18% interest on $11,000 balance of which you borrowed $2,600 and already paid $3,500. This is their new scam and apparently a few people have already fallen for it.


Submitted by momofthree27 on Tue, 10/15/2013 - 09:37

momofthree27

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I have a loan that was originated in December 2012 with cash call. Delbert now is the "owner" of my loan. I have already paid 10 months of payments. If they are Illegal, how do I go about cancelling them from taking any more money and showing my debt is paid? The principal was paid off this month. I live in Oregon.


Submitted by on Wed, 10/16/2013 - 14:42

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I have some concern about Delbert service in which I got a loan from the cash call of a thousand have paid 642.00 only got a thousand.but l have not sign anything with them.I wonder if they are legal in the state of Indiana.and what gave the western star the right to sell the loan.


Submitted by on Fri, 10/25/2013 - 12:14

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Check the forida laws on how many years a company has before they cant sue you. I think cash call doesnt have a contract here in florida.Delbert services does not have a contract with you.... cash call does and your old account was sold meaning paid off. (settled) This is what makes collection agencies illegal and they wont pursue you because its not worth it after they only paid pennies on the buck for your account. Guys, you have to do notary and certified mail with your questions because that will be strong in court but itll scare them. Last point, dont talk to them about finances on the phone just repeat that to them and ask for a contract in writing, they cant do it and they know its illegal.


Submitted by on Sat, 10/26/2013 - 20:49

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Delbert services is a scam


Submitted by on Sun, 10/27/2013 - 21:17

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StopCC Did you find out if your document was a legal court document?


Submitted by on Tue, 10/29/2013 - 07:01

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Have you dealt with Delbert? Can you email me at triceever@yahoo.com? Thanks in advance.


Submitted by on Tue, 10/29/2013 - 07:51

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I have a loan that originated through C
ash call. I am paying back 299.00 a month. I borrowed 2,600 last December they now tell me my payoff is 3,000. Is this legal?


Submitted by on Mon, 11/04/2013 - 13:47

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Same issue, had a loan with Cash CAll and they sold my account to Delbert, borrowed $1000, and it has been a year. I thought it should have been paid off by now, but they say I still owe them over $1500. How is this possible? ANy help or advice would be greatly appreciated. How can I stop the ACH withdrawls from my account each month?


Submitted by on Wed, 11/06/2013 - 06:07

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Need to go through the process of authorization with ypu


Submitted by on Fri, 11/08/2013 - 11:19

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Go through your bank and ask them to block any payments from them!


Submitted by on Tue, 11/12/2013 - 17:43

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Did you find out if they were legal in the State of Indiana? I'm in the same boat too!


Submitted by on Tue, 11/12/2013 - 17:55

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I have had the exact same thing happen to me, im wondering where you stand because I have just recently started to smart up and take action. I live in Illinois and the dep of financial institutions told me that all three of these companies are not licensed in my state. so far I have closed out my bank account and opened a new one, now im writing a letter to them asking for a refund of what ive over paid and that I have revoked their right to take funds out of my account. my email is ciuochho1027@gmail.com, would love to hear some feedback from someone in the same situation as me


Submitted by on Sat, 11/16/2013 - 10:08

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CashCall and delbert is the same company because of the lawsuits CashCall has they are changing the name to delbert services it's a horrible company to work for they make employees lie to all customers CEO has sexual intercourse with young employees or fires them horrible place that robs you if your life including employees


Submitted by on Mon, 11/18/2013 - 13:10

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OK, I'm in Illinois and I just read that Cash Call got a Cease and Desist order in March 2013. So, they sold the loan to Delbert who, I don't know and as far as I'm concerned they don't have a leg to stand on so I'm going to block their number and wait for something to show up in the mail. Also, close account they take ACH out of and they are done. Good Luck collecting this from me.


Submitted by on Mon, 11/18/2013 - 14:35

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Nov 2011 I took out a $5000 loan with Cash Call. My payments are $486.58 a month. A couple of months ago I was contacted by Delbert and they wanted me to go online and update my info awknowledging they are now handling my loan. I asked what was my payoff and was told it was over $5000 plus dollars.After 2 years I still owe more then what I borrowed. I live in Florida. Is there anyone I can go to about this or is there anything I can do? These payments are automatically deducted from my checking account. BOA said I can stop the payment but they can just send in the payment for a few dollars less. Or change my bank account. I do online banking and changing my account is not an option for me right now. Would appreciate any advice that may help.


Submitted by on Wed, 11/20/2013 - 12:40

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I have been online trying to research if cash call/Delbert Services is illegal in the state of Florida . If anyone has info on this please E- Mail DELETED...PM

per the TOS i deleted your email,and you can search a few threads on this illegal trio yourself.


Submitted by on Mon, 12/16/2013 - 06:09

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Unregistered in Florida. You need to secure your account first and foremost -- if that means you have to open a new one, you are going to have to bite the bullet and do that. Go ahead and do the ACH revocation letter found under the sticky "dealing with unlicensed lenders" and change it up to meet your needs. Send it to all three entities (WS, CC and Delbert). Just so you know Delbert is owned by CashCall and operates out of the same address - it's all a shell game. Also enclose a copy of this order from the Florida Office of Financial Regulation. Once you do this AND BEFORE YOU SEND IT, take it to your bank to see what they can do to help you secure your account. Once your account is secure then send them the letters. You will be bombarded with mail from them saying the loan is legal and trying to get you to modify or settle for the $5,000 plus (what they claim the principal you owe is), do not sign anything and continue to ignore them. They are slowly but surely being shut down.


Submitted by momofthree27 on Thu, 11/21/2013 - 09:43

momofthree27

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I am in Pa. With a loan trough Cash call now Delbert. When you found out they were not licensed did you have to still pay the loan?


Submitted by on Fri, 12/27/2013 - 13:15

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How can I find out if these three companies are licensed in Kentucky? I have been paying on my loan of $2500 for over a year. I called recently to get my balance and was told I owe $700 +. I have paid back what I borrowed and then some. I am considering defaulting on the loan....I don't think I should pay them another cent. Please advise


Submitted by on Mon, 11/25/2013 - 11:08

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I meant to put the payoff amount as $7000.


Submitted by on Mon, 11/25/2013 - 11:23

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and as long as the loans was originally ws/cc it doen't matter.they are acting illegaly on an illegal loan.nuff said.


Submitted by paulmergel on Wed, 04/09/2014 - 10:16

paulmergel

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Is Delbert Services legal in the state of Alabama?


Submitted by on Wed, 04/09/2014 - 08:23

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read the post above yours.stop paying them.close your account and open a new one.i suspect the only reason they are still around is because of posters like the one above me.btw you overpaid this by over 7000.of course they won't settle.evil shit like this as long as they can debit why bother listening?close the accoount and send them an FOAD letter.


Submitted by paulmergel on Thu, 04/03/2014 - 05:29

paulmergel

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I received a loan from WesternSky/Cash Call and now Delbertservice is taking my money. However, I did not give them permission, which they have been asking for, my principal keeps going up. I have paid them over $12,000 on a $5000 loan and asked for settlement, they won't


Submitted by on Wed, 04/02/2014 - 13:07

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I am in Minnesota and have one of these loans. I shut down my account. what should i do next?


Submitted by on Tue, 11/26/2013 - 06:05

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I also live in Michigan my loan went from western sky to cash call to Delbert. Is Delbert illegal as well? I am interested to know more. I tried to have my loan adjusted to make it more affordable so I wouldn't default however Delbert was not having it. How do I go about making a complaint or finding out if they are illegal?


Submitted by on Tue, 03/18/2014 - 14:48

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yes they are all illegal in Michigan. Cashcall westernsky Delbert are all owned by same person. Do not pay anymore than principle amount. I was told by OFIR of Michigan to pay only principle. The Federal Trade commission also said same thing. I did see a consumer lawyer to get the company off my back. Just remember the companies are illegal in Michigan file a complaint with attorney general and federal trade commission and contact a consumer lawyer


Submitted by on Wed, 03/19/2014 - 09:19

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since western sky is tribal they are illegal,and so will be cashcall,and delbert.i do like the advice about a lawyer as they are crooked,and evil in the exterme.


Submitted by paulmergel on Fri, 03/14/2014 - 07:31

paulmergel

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check with attorney generals office of NV and see if westernsky cashcall or Delbert is licensed in your state for personal loans if not only pay principle amt. Also contact Federal Trade Commission. There is lawsuits in multiple states against westernsky cashcall California has won a lawsuit against them and won. I would check into this and DONT SIGN ANYTHING. Call consumer lawyer about the company I did they helped. Hope this helped


Submitted by on Fri, 03/14/2014 - 07:14

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Reasearch the information on the internet. You will find it quite interesting. They do not have a license to make loans in Michigan. I have a loan which is no longer being paid as of now. As a matter of fact, I have kicked their butt to the curve. Take the threats. If anything goes on my credit file, I plan to write the credit bureau to let them know that it is an illegal loan which is a tribal loan. They can take the principal which is m,ore than enough. You should file a complaint with Consumer Financial Protection Bureau. It is time to fight them back with their ....................... Stop don't send them another penney.


Submitted by on Fri, 03/28/2014 - 22:07

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thank you for this info. I am in minnesota and will contact her. any other suggestions on what I should do


Submitted by on Tue, 11/26/2013 - 06:09

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