CashCall or Western Sky?

as they are both vitually the same company(as alot of AG'S are finding this out)send it to both parties.

Today we get an email from CashCall stating that they have sold the loan to Delbert Financial.

Delbert is licensed as a Consumer Collection Agency. We have not been late on a single payment and I have not sent the letters yet.

I guess I will be adding Delbert to the list of letter recipients! I am curious, if they are licensed as a collection agency is it legal for them to manage a loan that has never been late?

First the loan was not sold to Cash Call - they were only servicing and they are one in the same any way.. Secondly Delbert is their collection company - they did not sell to them - also one in the same, from what it appears - when I faxed my C&D letter to Delbert - it came back as accepted by Cash Call.. You just need to send them a C&D.. When did you send Cash Call the above letter, just curious since it took me from Oct to March to get transferred to Delbert - lots of mail in between?

We haven't sent it yet. I brought the letter home to send certified mail and saw this email. Our account is current and has never been late. (I am not sure why breaks don't appear in my post - sorry)

Here is the email:

NOTICE OF TRANSFER OF THE SERVICING OF YOUR LOAN

As you know, you obtained a personal loan from Western Sky Financial. The purpose of this e mail is to notify you that your loan has been sold, and the purchaser has assigned the servicing of your loan to a company called Delbert Services Corporation ("Delbert Services") effective as of the date of this notice.

The "servicing" of your loan means processing your payments, responding to your questions, and otherwise handling other matters relating to your loan. We wish to assure you that the terms and conditions of your loan as set forth in your Promissory Note and Disclosure Statement will not change in any way, except that your payments will now be made to Delbert Services.

Delbert Services is committed to courteous and responsive service, accurate and timely handling of your payments and simple and direct answers to your questions. For prompt response to all of your inquiries, please remember to reference your account number 13987588.

To ask about this notice or general up-to-the-minute account information, please call 888-983-3523. Our hours of operation are 5 a.m. to 6 p.m. Pacific Time Monday through Friday; 5 a.m. to 12 p.m. Pacific Time Saturday. Or write to us at:

To Make a Payment or For General Customer Service Inquiries:

Delbert Services Corporation
P.O. Box 4730
Anaheim, CA 92803
Customer.Service@delbertservices.com

Toll-free 888-983-3523
Hours of operations
Monday - Friday 5:00 AM - 6:00 PM
Saturday 5:00 AM - 12:00 PM
Pacific time-zone

NOTICE: CALIFORNIA, COLORADO, MINNESOTA, MAINE, NORTH CAROLINA, TENNESSEE, UTAH AND WISCONSIN RESIDENTS PLEASE SEE BELOW FOR IMPORTANT INFORMATION

CALIFORNIA:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. Nonprofit credit counseling services may be available in the area.

COLORADO:
FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE www.coloradoattorneygeneral.gov/ca. You can contact Delbert Services at 13111 East Briarwood Ave. Suite 340, Centennial, CO 80012. The telephone number is 303-768-0200. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt.

MINNESOTA RESIDENTS: This collection agency is licensed by the Minnesota Department of Commerce.

MAINE RESIDENTS: Maine residents may contact our office by telephone at 888-400-7750 between the hours of 5:00 am to 5:00 pm PST

NORTH CAROLINA: North Carolina Permit Number: 103660

TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and insurance

UTAH: As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

WISCONSIN:
This collection agency is licensed by the Division of Banking, P.O. Box 7876, Madison, Wisconsin 53707

Now that I am reading the email, we don't even know who the loan has been sold to, Delbert is just servicing the loan.

I'd have some issues with that even if it wasn't such a shady loan.

Ahh...this seems to be their new tactic because CC has been sued so many times over the last couple of months. There is active litigation in Florida that they are on the brink of losing so it seems they are restructuring their operations. Very very interesting indeed.

I also have a loan with Cash Call that has never had an issue and my payment reminder email came as usual from cash call - I got a call tonight with no one there and my payment is not due until Tuesday. If they are making collection calls on a non delinquent loan, doesn't that mean false practices on CashCall/Western Sky for not sending a notice 30 days prior to transfer? According to Colorado law we have to send a letter out on any account we are sending to collections for non payment giving them a 30 day window to contact us. hmmmm fishy fishy

We received a response from Delbert. They basically ignored the part about not paying them and sent a letter stating that we had to arrange payment by September 3 or there would be late payment fees and additional charges.
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They basically acknowledged the revocation of ACH authorization and ignored the rest of the letter.

That is about par for the course with them. The important thing is that they received the ACH revoke, your account is secure? When they agree to what you are offering then you will pay.. remember you are in control the original loan with WS is null and void do to tribal status.. i am sure somewhere in another post - but how much borrowed and how much repaid to date?

Yes, account is secure so I am not that concerned about the ACH.
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$2525 was deposited and over $3500 has been repaid. I have offered to forgo recouping the overpayment if they are willing to mark the account "Paid in Full" and close the account.
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I have filed a complaint with the Florida Office of Financial Regulation and they have sent a letter stating that this loan is illegal and unenforceable in Florida. But I'd prefer not to have my credit take a hit, but I would rather not pay them another dime even more....

Good news for you!! The letter you received from the FL Office of Financial Regulation, I would forward to the Credit Bureau when you dispute.. That should be enough I would think to get it removed.. worth a try..

I wish I had a scanner to scan the full letter because it has some interesting info for Florida residents.
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The text of the letter states "Most internet payday lenders grossly exceed the interest rates allowed under the Florida Consumer Finance Act ("FCFA") which the OFR also enforces and administers. By operation of law, these loans are unenforceable and void in this state. Additionally many of these internet payday lenders, or their third-party collection agencies, may use threatening and misleading scare tactics in attempting to collect these loans. Florida law any person from claiming, attempting or threatening to enforce a debt when the person knows that the debt is not legitimate or when the person attempts to assert a legal right when the person knows the right does not exist."
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The letter goes on to include information on how to validate your debt and states that the response must include the name of the original creditor as well as instructions on how to proceed if you believe you do not owe the money. This must be provided within 5 days after they contact you.
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I would encourage anyone with a loan via Western Sky (or any other illegal internet lender) to file a complaint online with the Office of Financial Regulation; the told me they base decisions on who to pursue on how many complaints the receive against a company.

I just received another response today - it is the usual nonsense about Western Sky being on a reservation and not subject to state laws.

A new letter is going out tomorrow...

close your account now!the only way to stop the debits is that way.western sky is tribal,and no tribal loan is legal.cashcall,and western sky are getting slammed by alot of states so you close your account,and wait and see if your state is taking action,or will in the future.for now do that.

I am very confused. I had a loan with Western Sky for $2600. It was sold to Cash Call almost immediately. Now I got an email stating Delbert Services is the servicer, but Cash Call withdrew payment this month. To date I have pain $1677 of the original $2600 so would have a balance of around $850. I am in Oklahoma. How do I find out if they are illegal in this state and how can I stop the forever payments once the balance is paid?

WE RECIEVED A LOAN FROM WESTERN SKY FINANCIAL AND A FEW DAYS AFTER THE LOAN WAS FUNDED , IT WAS SOLD TO DELBERT SERVICES WHAT DO I DO IF I DIDNT SIGN A LOAN WITH DELBERT SERVICES AND I LIVE IN FLORIDA?

I NEED STEP BY STEP OF WHAT TO DO...PLEASE HELP ME

WE RECIEVED THE SAME EMAIL, NOW WHAT WE DO AND WHAT LETTER DID YOU SEND?

Delbert Services is another arm of Cash Call -- the loan was originated through Western Sky and is unenforceable. You need to follow the steps outlined under the sticky "dealing with unlicensed lenders". What state are you in? You may be in a state that has already banned these loans.