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cash call help

Submitted by mbaggs on Tue, 10/16/2012 - 16:42
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Is cash call legal in Fl??? I need help Cash Call is awful how do I handle them?


But what I have read on this forum they are ruthless and will not work wiht you


Submitted by mbaggs on Wed, 10/17/2012 - 01:59

mbaggs

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As the loan was originated by Western Sky then under FL law is it unenforceable and noncollectable as they are not licensed to any type of in loan in FL. File a complaint against Western Sky with the Florida Office of Financial Regulation for issuing a loan unlicensed and exceeding FL usury laws. Then file a complaint against CashCall for trying to collect on a unlicensed loan. You will also need to dispute the debt on your credit report. Add into the dispute FL statute 516, which states that a consumer finance company is required by law to be licensed and that the maximum interest rate that can be charged is 30%. Also place in the dispute the Florida Consumer Finance Act which states that by law loans made without the proper finance license are unenforceable and void in the state of FL.

The last thing you can try is to send CashCall a C&D letter, for some this has got them to stop calling. Continually email these laws to CashCall stating that you will only repay the exact amount that was deposited into your account or if you have already paid that back plus more demand a refund. I would not expect you to get a refund but I would still demand it.


Submitted by tousi76 on Wed, 10/17/2012 - 06:53

tousi76

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thanks i appreciate it..i see cash call is lic in FL but since it was orginally with Western Sky i should be able to fight it, but they are just so scarey and refuse to even listen, can Cash Call sue me under their lic?


Submitted by mbaggs on Wed, 10/17/2012 - 07:01

mbaggs

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i reviewed my account took out loan dec 2010 with Western Sky have pd 298.00 for almost two years thats an over payment of principal of over 4000.00 how stupid i am!!! so they can't try and sue me for this just harasse me to death???


Submitted by mbaggs on Wed, 10/24/2012 - 16:16

mbaggs

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If you haven't already, file a complaint with your state AG, the FTC, the CFPB, and most importantly with the South Dakota AG's office (you can do this online). Western Sky is a South Dakota chartered LLC and SD is the only stated where they are actually licensed to do business.....however, they don't offer loans in SD or on their reservation....wonder why? Duh, it would be usurious....lol.

Anyway, this seems to get Western Sky's attention because South Dakota's AG will actually investigate and request a response from WS. The response while most likely contradict everything that Cash Call is telling you in regards to who actually owns the debt, who it is assigned to, etc. It kind of takes CC out of the equation. (Or that has been my experience.)

Once you start receiving the Modification Agreements from CC trying to "help" you get back on track. DO NOT SIGN THIS.....write across it in big bold letters REJECTED - I DO NOT HAVE AN ACCONT WITH CC and send back to them. They are trying to trick people to sign this so they actually have something in their file saying they have the right to collect......they don't.

Make sure you dispute their reporting on your credit report (usually Experian and Equifax) indicating they have no legal right to collect or report. You need to do this to document your case because once you start to see what WS has to say to the SD AG's inquiry regarding your complaint, you will have some leverage to show CC has no right to report and collect. Also, make sure you file a complaint against Cash Call with the FTC and the California AG's office (CC's home state). They have had several actions against them from their own AG.....stating that they are trying to collect on a debt they have no legal right to collect on.

Also, dispute with the credit reporting agencies and include copies of the complaints against CC stating they are trying to illegally collect on a non valid debt.

Keep fighting on this matter. The more people that put pressure on Western Sky in their home state, the better. Wouldn't it be ashame if they actually lost their only legal charter. You can pull a copy of their organization documents online from South Dakota -- they actually state they are governed by the laws of South Dakota.....interesting, huh?

I'm in the same boat and just keep fighting, fighting, fighting - only thing I have left is to get them off my credit report and I have enough contradicting evidence that if the credit reporting agencies don't honor my disputes and remove it, I will be filing a lawsuit against them for failing to do their job.

Just my two cents.....don't give up


Submitted by momofthree27 on Thu, 10/25/2012 - 14:02

momofthree27

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