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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


Do you have any input on how I should proceed next? I am curious to know if the loan is even legal since cash call was only registered as a mortgage lender. (i have gotten this info from other people on forum) A google search brought up an old cash call website and it says they are registered in Texas under the Saving and Mortgage licensing but doesn't even give a number. When I try to find them on AG's website and the nmls, cannot even find them anymore.


Submitted by debtgirltx on Mon, 05/19/2014 - 12:17

debtgirltx

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cashcall does not supply personal loans to texas. go on their website cashcall doesn't supply personal loans to most states because they are unlicensed to give personal loans. just pay principle amount only. file with AG and FTC DONT PAY INTEREST OR FEES IF THEY CONTINUE TO BOTHER YOU GET A CONSUMER LAWYER


Submitted by on Tue, 05/20/2014 - 06:38

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Well, I went through my old emails and found all of the email correspondence with Cash Call and actually found out the funding came from Western Sky. So from all that I am reading, the loan is totally illegal to begin with, is that correct? I am in the process of typing up a cease and desist letter to Delbert Services. Should I send anything to cash call/western sky? I would like to send them something that tells them that any further communication is to be in writing or email only. How could I do that? Thanks for everyones help


Submitted by debtgirltx on Tue, 05/20/2014 - 08:21

debtgirltx

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file AG,AND FTC complaints against cash call.they tried the same BS with illinois.they just got that flimsy license so they can service western sky loans.file complaints and look up to see if texas has taken any action against ws/cc.if they did add your name if not file the complaints anyway as the int rate is beyond criminal.


Submitted by paulmergel on Mon, 05/19/2014 - 14:16

paulmergel

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I, too took a loan from western sky in 2012..had serious health problems and stopped paying. I was considering filing bankrupt and my attorney had them to stop calling and trying to collect. Now, I've been trying to clean up my credit as things have improved for me so just today, I sent a money gram for 1293.00 for the past due on a 2500.00 loan to Delbert services..had not heard from them before but I got the number from the credit report. Now I wished I had read some of this as I felt something was not right but I was trying to do the right thing. Are they legal in Texas?


Submitted by on Tue, 05/20/2014 - 19:39

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I am in the process of connecting with the State of Texas dept of licensing to see if either Western Sky or Cash Call was legal in Texas at all. I have been told that Western Sky is not legal in any State. (Even the Cheyenne Tribal Counsel has disavowed the owner of this company stating that he is not acting on behalf of the Cheyenne Tribal Counsel when doing these loans and that he is even exceeding their maximum interest rate floor regs of 18%) I have also been told that CashCall was not legal in Texas and the one time they were, it was for Mortgages only. I have looked on all sites and cannot find any licensing for any of them, which is funny because if you go to Cash Calls website, they are still doing loans in Texas but only if you are a business. If they are not licensed, I don't know how they are doing that. Anywho, I have contacted the State of Texas to see if they can give me any licensing info on them. I would at least pay the principal since you did get that. I am shy about 600 of paying the principal but sent cease and desist letters to both Cash Call and Delbert services and told them I would only deal with Western Sky from here on out. I am going to pay the rest of the 600 in the next month and then request a Paid In Full letter. They have multiple law suits going and I have been told that if they were not licensed, then the contract is null and void. I have not found anything yet as to whether texas is going after them or not. We will have to wait and see. Hopefully I will hear from the State soon.


Submitted by debtgirltx on Wed, 05/21/2014 - 08:07

debtgirltx

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Thanks for info Paul. I shall do that. Do I need to make the agreement with Western Sky or would I be safe making it with Delbert? I did get ahold of someone at the state licensing thing for Texas and they said neither WS or CC are registered to do loans. Also, I sent and email C&D to Delbert and did get a response back that I needed to call them. Also, sent a C&D to CashCall and got an RE: email back from Delbert. I emailed them back and told them I was confused as to why Delbert was responding to an email that was specifically sent to the email of record for CashCall. They said I would have to call them!!! LOLOL I also looked at past statements and found that my initial payment draft was done by Delbert and was a paper draft and then the next 3-4 was done by CashCall and then back to Delbert again. If they sold it to Delbert, then why are they flip flopping back and forth as to who is drafting? I would think THAT is illegal also.


Submitted by debtgirltx on Thu, 05/22/2014 - 10:18

debtgirltx

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do not bargain with delbert.they will send you things,but they will be new contracts making the loan,and the criminal interest legal as there will be a consent clause.you only owe about 600.00 and that should be paid back,but these dellusional idiots want to get the amount their illegal contract states.unless they agree to the amount owed and payment method file more complaints,and do not talk to these wastes over the phone.they know the ship is sinking,and want to get every dollar they can,and will break the law over the phone to do it.again if they want to be dellusional and stupid they get bupkiss.


Submitted by paulmergel on Thu, 05/22/2014 - 12:21

paulmergel

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now that i know your loan was originated through western sky you do only owe the principle.that being the case do not pay another cent until they agree to the 600.00 and it's sent to an address by money order.do not give them bank info,a prepaid card as they can attempt a double dip,and anything else but an address to send payment.if they email,or mail anything throw it away.trust me on this.


Submitted by paulmergel on Thu, 05/22/2014 - 05:40

paulmergel

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So, do I send them a letter telling them what I will pay and to whom should I pay it? And should my reasoning be because the neither Western Sky or Cash Call is licensed in the state of Texas? Not really sure how to proceed.


Submitted by debtgirltx on Tue, 05/27/2014 - 10:24

debtgirltx

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even attach the FTC ruling in your letter.none of three are legal and they know it!they will try and bully you,threaten,you,and lie to you.don't believe a thing they say,or send you.


Submitted by paulmergel on Tue, 05/27/2014 - 10:41

paulmergel

( Posts: 15514 | Credits: )


Do you happen to know where I can find th FTC ruling? Also a sample of a letter that I could send to them? I want to be sure I have it all correct before I start dealing with them again. Thanks for all your help Paul


Submitted by debtgirltx on Wed, 05/28/2014 - 07:34

debtgirltx

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go to the thread titled...cashcall,and delbert WARNING!you responded in that threead on may 19th.the link to the ruling is in momofthree's post above your post.attach it to any response from delbert,and file an FTC complaint,or follow up at www.ftc.gov.as far as the letter to delbert just send a letter of your own design.i would just me though send them this response.


dear deluded fruitcakes.i am trying to be real diplomatic here and pay the 600.00 i have left.however you seem to be living in a fantasy world as this attached ftc ruling(attachment here) says it all.btw texas is non-garnishment so even if you were legal(which you are not)you can't garnish.i am filing a complaint with the ftc on this so judging by what i see online you will lie hand over fist so just know that my position is that you acknowledge i only owe 600.00 and can send it to an actual address with money orders,or you get squat.


anyway that is what i would send.


Submitted by paulmergel on Wed, 05/28/2014 - 08:54

paulmergel

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