Loan with Cash Call

both western sky and cash call are illegal as they must have a physical presence in the state to give loans.one more time this is a dodge by cash call.western sky procures the loan then cash call takes it over or buys it.btw since this is the case.cash call is lucky to get back the principle.close your curent account asap as both western sky and cash call are not legal.

Payday lending is legal in Florida. You can contact with the Florida Office of Financial Regulation to know whether or not this payday loan company is legal in your state. If they are legal, then you will have to pay the principal amount with interests and other fees. Otherwise, you are only required to pay the principal amount. Illegal payday lenders don???t have any right to take any legal action against you.

Just check internet payday loans are legal in Florida???:confused: Mary in FL

UPDATE: I contacted the State of Florida Office of Financial Regulations (OFR) and filed a complaint against them. Today I received a letter from them with the completed review of my complaint and a letter received by them from CashCall Attorney's Offices "Bogue & Bogue" in SD.
OFR basically thanked me for bringing this to their attention and made reference that most internet companies are illegal to operate in Florida basically because the lenders grossly exceed the interest rates allowed under Florida Consumer Finance Act. According to them "By operation of law, these loans are unenforceable and void in this state.". So what does that mean?
They also recommended that I visit www.ftc.gov if my issue is not fully resolved.
The letter from the law office explained how Western Sky is "legitimately wholly Cheyenne River Sioux River Tribal member owned company operating exclusively within the Cheyenne River Indian Reservations. This is not a 'rent-a-tribe' situation". They recommended that I contaacted Western Sky (CashCall) Funding Office to resolve the matter in a mutually equitable solution.
This is CRAZY, because I took a $1,000 loan, they made the loan for $1,500 on the loan note, and $500 was going toward the pre-finance charge and fees, but I basically ended with $1,000 deposited in my account. I have paid 5 payments of $166 and when I contacted them last month to check the balance.... it was $1,480!!!!
Now this letter from this law firm has me concerned. I am willing to make payments to just pay the amount that I borrowed and whatever is the state's legal interest charge (10%) but not over $6,000 in a $1,000 loan.
Suggestions, comments, PLEASE!!!!:confused:

They're full of it.

They will argue with you about jurisdiction and being a sovereign nation and blah blah blah.

Bottom line is that they're not licensed in your state, therefore, they're illegal.

If they won't work out a payment arrangement with you, that's their loss. Just keep at them and make sure you've filed your complaints.

Ohio- I wish I had not seen the letter from this law firm where they state that they have the right to get their money, they are legal, etc. I am afraid that they are going to file some motion or charges here in Fl against me for not making good on the contract.
I am afraid that if I contact CashCall to make payment arrangements to pay the last $200... they will make me agree to pay more. I think all of those collectors are pretty sneaky and can trick you.
I am concerned.

First, you need to not be scared.

That's their ploy - to scare you into giving them your money.

They have NO power over you.

I'd like to see a collection agency or a legit attorney try to sue someone in a court of law over an ILLEGAL loan.

You need to keep in mind that these people are breaking the law!

Do you honestly think they would show up in a court of law? They'd be arrested on the spot!!!!

anybody that attempts to collect on this as ohiogal stated will lie as they have to resort to that as she stated.the loan was illegal and anyplace would have chance as ice in august in court.so treat everything.calls,letters as a lie as thatr is what it most likely will be.in fact if there is an address in that letter send them a DV(debt validation)letter.they can't do a thing until they validate.

I am in florida , and got tthe western sky - cash call loan- they are not legal in florida? i got messed up with these payday loans

As western sky and cash call both are illegal in Florida, so you can get rid of the debts by paying them only the principal amount. If you have paid them more than the principal amount, then ask them for the refund. If you have any complaints against them, then you can contact with the Florida Office of Financial Regulation. Their contact detail is as follows:
# Address - Division of Securities and Finance, 200 E. Gaines Street Tallahassee FL 32399
# Phone - (850) 410-9805
# Fax - (850) 410-9748
The following link may help you to know about how to deal with illegal lenders:
http://www.debtconsolidationcare.com/paydayloan/illegal-pdl-dealings.html

Sandra- I called the Office of Financial Regulation and spoke with the investigator that handled my case because I was not clear about the letter he sent me and he could not give me a straight answer either. He said that Western Sky/CashCall allege that they are governed by their tribal laws and that I knew that when I got the loan from them. Their argument is that the tribal laws are the ones that cover them and mmake themlegal to do the loans to people who are not part of their tribes. According to the letter from the attorney's office, they cite a couple of cases that they have won, and that "Western Sky will not waive its Tribal Treaty Rights or submit itself to a state's personal or subject matter jurisdiction."
The investigator could not give me any additional information because he was not familiar with the "tribal laws"... he encouraged me to contact an attorney and seek legal representation. I am now stuck with another debt if I have to hire an attorney to represent me with this illegal, outrageous fees loan!!!!
This is ridiculous and serious at the same time, because there is not much that I can do at this point.
Has anyone out there been sued by Western Sky/CashCall and won the case?
Like I have previously stated, I still owe about $200 for the principal that I borrowed, but they want $4,000 more on a $1,000 loan. I am willing to send them the full amount owed if they close my account and place it as paid in full status.
I am concerned about this "tribal" status that they have.
Also, I mentioned to the investigator that I placed a complaint with Florida State Attorney's Office, but he told me that they won't do anything either, but just send the paperwork to his office.
What else can I do? :confused:

Again, you don't live on their reservation so you don't have to follow their laws. If they want to lend to U.S. citezens of FL (or wherever), they have to follow the regulations of that state. Otherwise, they don't have a leg to stand on.

My understanding from what I was told by the FOFR is that as a tribal lender they are protected from states going after them and finning them for lending in their state without proper licenses but the catch 22 for them is that though the state has no power to stop them from lending the state does have the power to stop them from collecting on the loan by refusing them the ability to use their tribal law in the state courts. I would suggest calling a non profit legal aid or law school to see if they can give you a clear answer if the lender can use tribal law in the civil court system of FL.

Now it is starting to make sense.... the state can not stop them from making loans but they can stop them from collecting on an illegal loan. I will try to call an attorney and see if they agree with this theory.
I will post the results of my inquiry.
Thanks to all for replying.:-D

After doing a quick lookup on Western Sky, the tribal ammunity is being challanged by multiple states inlcuding Colorado right now. The states are claming that because Western Sky directly advertises in each state they have chosen to enter each state on their own validity and must follow the state laws. The Colorado case looks to be the first one that will be challanged in federal court so we will have to see what comes out of all of this.

google the case about western sky vs the state of maryland

you mean the one that Western Sky tried to get the federal courts to intervene stating tribal immunity but was denied by the federal courts and ordered back to the state courts of Maryland.