Western Sky Twist
They then say "....note was assigned to WS Funding, LLC." (Assigned not sold to WS Funding LLC as they stated in their response to me.....there was no mention of Cash Call at all.
They then go on to say that I should contact Elissa (at Cash Call number) to work out an agreeable settlement. Duh, I've been sending her correspondence the whole time and have gotten nothing but the run around.
I find it interesting that there is no reference to Cash Call whatsoever -- only WS Funding, LLC....this is further confirmation to me that these people are all the same people.
It goes on to state that "Although this note was assigned, it is important to my client that his customers be satisfied with their loan and how their business is handled.......Although Western Sky has assigned this loan, I have been authorized to act as a mediator to ensure that the Lakota principals of fair dealing and sensitivity are applied to the conerns of...."
I'm not quite sure if I should panic since I've now garnered the attention of their law firm or if this is something I can use to my benefit in getting them to provide me a PIF and not report negatively on my credit report. Any thoughts?
Its all the usual BS. Assigned or sold hardly matters simply bec
Its all the usual BS. Assigned or sold hardly matters simply because CashCall services the loan. Now onto the problem at hand. Well, there is no problem really, law firm or no law firm. As long as the terms of the loan fail to comply with your state's law (and the fact that they are not licensed in your state remains true), the loan is illegal and the loan contract, null and void.
So I'm guessing this was sent to bluff the SD AG's office. Shoul
So I'm guessing this was sent to bluff the SD AG's office. Should I respond to the AG's office with the responses I have received from Cash Call contradicting that WS owns the loan and stating that WS Funding, LLC (which I can't find a registration on and am wondering if this is a legitimate entity -- several court pleadings have referred to it as a "Doe" entity) and that CC services the debt? I've responded to all of CC's responses (I've never received anything from WS) - "this is an illegal loan, I have paid you $1,100 more than the amount borrowed, remove from my credit report, etc." I'm not sure if I should just sit on it and see what CC comes back with or if it is removed from my credit report in October or if I should go ahead and address the SD AG's letter enclosing the letter from the law firm. Any thoughts?
I would not sit on this. I would keep pushing. Now you have th
I would not sit on this. I would keep pushing. Now you have the attention of the AG's office--that is a good thing. I would use this to your advantage. Inform the AG's office of what you just posted about Cash Call, about how you cannot even find a registration for WS Funding.....also, who is reporting this on your credit report? Inform the AG of these name game tactics that they are using. Point out to the AG that WS, in their response to the AG's inquiry, instructed you to call a phone number that in fact belongs to Cash Call--if they hold a valid assignment to the debt, as they claim, then why would they instruct you to contact Cash Call?
I would look for case law--look for cases in which these people were sued and/or ordered by a court to refund anything that a customer paid over the initial principal. If you can find any like that, or even if you can find some that deal with a different tribal lender in the same way, then I would write a letter in response to "WS Funding", pointing out the case law references, and making one final demand that they refund all overpaid money and remove any and all negative entries from your credit reports. If you can show by other court cases that this has been enforced, then you will have good leverage against them, I think. At that point, if they do not see the writing on the wall, then I would indeed sue them, and let them pay court costs as well.
Skydivr....I'm going to take this to PM to preserve some privacy
Skydivr....I'm going to take this to PM to preserve some privacy.
Sent a response to Western Sky's legal counsel and haven't heard
Sent a response to Western Sky's legal counsel and haven't heard anything back yet. In today's mail I received a letter from Cash Call, Inc. saying I could get a "fresh start" with CC by submitting a payment by October 15th and they would defer payments until December 1st and not report negatively on my credit report.....they reiterated that several times so I think they know that's the only leverage they really have on these loans with consumers (I sent my dispute to the CRAs last week so we'll see what happens with that).....and sign a "Modification Agreement".....ha ha ha ha ha ha ha ha.....like that's going to happen......ha ha ha ha ha ha.
The wording in the letter and "Modification Agreement" indicates that the loan is with CashCall.....but just the other day they said the loan was owned by WSF Funding, LLC "serviced" by CC....wow they can't keep their BS straight.
Some new names for you guys......letter was from Gaile Kefallinos of Cash Call and the Modification Agreement is signed by Steve Klopstock, Director of Collections from Cash Call.
So, how do you think I should respond to this one? NOT!!!!