Cash Call/Western Sky - Contract Enforceability?

Can't get any clearer than this, Western SKY is ILLEGAL, ILLEGAL, ILLEGAL. Nothing will happen to you. Remember, debts are civil, not criminal. You cannot be prosecuted. Stop worrying.

Yeah, I realize they can't put me in jail, etc -- what I am wondering is if the contract and/or some kind of tribal court order could/would be enforced -- say with an employer to garnish wages or a bank -- or the "normal" U.S. court system?

NO THEY ANNOT GARINSH WAGES!!!!!

The FTC already has filed a suit against CashCall/Western Sky for illegally attempting to garnish wages against these illegal contracts. The attempted to use a tribal court summons and made it look like it was from the federal government. I can't remember if it has been settled or not but neither Western Sky or CashCall will win on this issue.

Any garnishment of your wages in these cases need to be done through your state of residence. The contract states that it is subject to tribal law only and any legal action will be done through tribal court. These actions are not legal outside of the tribal reservation itself. Unless you voluntarily go to the reservation and agree to the garnishment they can do nothing to you. The only state that Western Sky is licenced in is South Dakota where they will not offer loans.

Don't worry about your check. Make sure your HR department has a copy of the revocation of wage assignment though.

for some reason the system will not let me make a correction to my first post. CashCall Cannot Garnish Wages. I think the rest of the post is ok.

W/S can't sue you as they're illegal. If they tried to sue you, well, just look at the history of illegal lenders in this country who have attempted to sue folks. Not that many if any at all. I don't know how we can get this information through to people enough but don't worry, you're fine.

To all for the helpful advice!

I think I'll let it stand -- and not send them another dime.

I have been reading this thread and I appreicate everyone's responses. I am learning a lot.
My question is, if I now have a loan through Western Sky/Cash Call, and I have been faithfully making my monthly payment, after hearing that they are ILLEGAL, what should I do now? Should I continue to make my payments? I have not paid off the principle loan amount (but very close) yet the interest rates are absurd.

I would stop the ACH withdraws and send the payment via a Prepaid Debit card or money order. Open a new account and close the one that the ACH is comming out of as well. If you don't do this, CashCall will try to pull payments from it even though you are sending payments another way. It is up to you if you want to continue to pay the same amount you have been paying until the principal is paid off, I would just protect your bank account first.

As long as it's a western sky loan, advise them that you are only going to return the principal balance. This is how you beat them - you tell them if they do not accept the principal balance and delete it from your credit report upon finalization, you tell them they don't get a cent. It worked for my father though it took about a month and a half of demadning.

Great advice, thank you. The transaction shows as both WS and CC on my checking account, but it shows as CashCall on my credit report. I'm one, maybe two payments away from paying off the principal amount and though I have been timely and never missed a payment, would love for this account to go away. I don't expect them to be easy to deal with, and I don't want to further damage my credit score.

(And yes, I am joining this community and hope to get a call back today regarding my situation.) :)

Western Sky/Cash Call will report to the credit bureaus and then sell the Delbert Services. I filed complaints and it got me nowhere. They sent documentation to the credit bureaus and my AG office sent me a letter recommending I get an attorney.

Western Sky/Cash Call will report to the credit bureaus and then sell the Delbert Services. I filed complaints and it got me nowhere. They sent documentation to the credit bureaus and my AG office sent me a letter recommending I get an attorney.

In some states the AG office or what ever department enforces payday loan laws will not help as Western Sky is a "tribal" lender They will tell you it is a federal issue and they as a state have no legal recourse. Washington State is one of these. File a complaint with the FTC. They are the ones who have gone after Western Sky/CashCall and won.

Since the loan is illegal in your state it is not enforceable it cannot be filed on your credit report. CashCall only will file as they feel that they are a legal lender so it is alright. What they don't want to acknowledge is the fact that the original loan documents are in fact illegal thus the whole loan is illegal and not enforceable.

File a complaint with the credit reporting agencies stating that the original loan is with Western Sky and they are an illegal lender. They do have to remove it from your credit report. Tell them that if they do not you will file a complaint with the FTC. This usually works as the credit reporting agencies have to follow federal laws.

CashCall may report again after it is removed. Let the Credit Reporting Agencies know that if the delinquency from CashCall continues to show up you will still file a report with the FTC.

You may still have a little trouble getting it off your credit report but you will have to be tenacious just like you are with the "lender".

Hi, I too need help with Western Sky/ Cash Call. I've already had the payments stopped. Now they are reporting negatively on my credit report. I tried disputing it, but that didn't work. I filed complaints every place I could, but I have gotten no help. All I want to know is how I can remove them from my credit report?

Delbert Services is a collection agency....they have no affliation with Cash Call other than collecting on their accounts. You can easily send them a cease and desist letter, telling them to bug off.

I went through the whole ACH revokation and sending letter process. But all I get are their "exclusive" offers to get back on track. I keep telling them that my loan originated with Western Sky, and they get principal only. But I can't get them to agree.
Could you give me some pointers, how you wrote your letter?
Any help would be greatly appreciated.
Thanks

Monkeygirl - this seems to be where a lot of us are at. Just make sure whatever you do you do not sign anything that cash call sends you or acknowledge in any way that you owe cash call. I just received a letter from Delbert Services (cash calls in-house collection agency) regarding the western sky loan. I am putting together a response to Delbert vehemently disputing this account (still within the 30 days). I am on my third round of disputes with the CRAs and am just waiting for their latest non-action so that I can file complaints against the CRAs with the FTC for allowing this illegal loan to be reported on my credit report. I know that's not much but I've got to believe that at some point the number of complaints filed with the FTC and the CRAs over these illegal Western Sky loans have got to be addressed.

I was just called from a third party company saying they are trying to help me with my settlement with Western Sky/Cash Call. They said they have a summons already and want to work it out before court. They said they can garnish more than my state allows because they are a tribal nation, or whatever the appropriate term is. I don't know what to do. They also have my birthdate wrong.

LOL....what a pile of crap. What to do??? Ignore them. Who called you?? File a complaint against them with your state ag's office.

They are bluffing you to try to bully you into paying an illegal loan. What was the name of company who called and told you that? Google FTC v. Payday Financial (Western Sky) and see for yourself how they have been shut down for doing that. They are only legal on their reservation, period. They cannot and will not go into a state court in the US to get legal judgments because the second they do they waive their "immunity". It seems that Cash Call isn't doing so well lately with all the defaults on these illegal tribal loans and lawsuits....lol.

Any update would be nice on this topic. My husband and I took a $2600 loan out just over a year ago and have paid back over $3400 but still have 36 months of payments. Just trying to figure out if we can get out of this as we have already paid back what we borrowed plus some. The state of Colorado just won their lawsuit against WS and or CC whatever they are going by now and it's been ordered that they return all finance charges because they aren't licensed in that state to give out payday loans. Any information would be appreciated.

@ MelC - Please register with the forums, if have not already.
What state are you in? Did you borrow from Western Sky directly? This will help us to help you proceed..

I would advise following the steps in this link - step by step... now.. http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
Western Sky is a illegal unlicensed tribal lender... you have already paid over what morally obligated to repay... which is principal only..

You should be able to contact the Colorado AG and get instruction from them on what you should do. Right now they are going through the appeal process from what I have read so I would guess it is just a waiting game right now. But the best advice would be to contact your state official for what they are advising victims to do.

Also, if you want to go further, you can see my previous post here http://www.debtconsolidationcare.com/paydayloan/cashcallupdate-forallvictims.html

Just a tidbit, Maryland Commission has issued a final order to cease and desist for Western Sky. The loans made to MD residents are null and void!! Hope they listen.

The loan is not valid. Period. Let them take you to arbitration. They are obviously charging much more interest than any state would allow, plus, you've already paid them in full and then some. Send them, via FAX and meal, a cease and detist letter, which basically states you are telling them not to call you or anyone else on the telephone. Next, if you have your payments to them debited from your checking/savings account, CLOSE that account. For the record, you have already paid them back the principal amount borrowed plus some interest. You should be fine. This advice is not meant for people who took out the loan and then a month later say they can't afford it. What's right is right - pay back back what you borrow, no matter who the company is. Hope this helps!

I've been paying CashCall for over a year now and they say my last payment is in January 2014. Should I stop or continue paying them at this point?

first what state are you in,and was the loan originated by western sky?if the loan was western sky then chances are you overpaid,but if you are in CA then chances are good it was a cashcall loan.then it would be legal so please answer those two questions and we can advise further.

I don't condone these loans at these exorbitant rates, but this reminds me alot of the subprime crisis we had a few years ago.

I had to borrow $5K from them, but I knew what the deal was going into it. It was a short term solution for a short term problem and it fit my needs perfectly. They explain the terms of the loan and the exorbitant interest they charge before the deal is done. There are no surprises and no secrets.

I'm going to ask the same question I asked back during the whole "housing/subprime crisis".

You knew what the terms are when you accepted their money. If you weren't happy with the terms, why did you take the money?

People take these loans out of desperation. Many people plan on paying the loans back quickly but their situation remains dismal and the illegal loan becomes another hinderance to them finally getting their heads above water. Western Sky has chosen to prey on these people and laws are in place to prevent that.
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The bottom line is that the loans are illegal - if Western Sky wanted to have recourse why offer loans at illegal loan shark rates?

the idiot above you is a humanoid.they didn't have a loan.they are a disgusting shill for a complete scam. i called this two years ago when it started.cashcall was drummed out of every state but CA.why?because they thought they were above regulations and rules.now they partner with a tribal entity to get around that.now state governments are catching on.btw i saw the article about WS laying off people.WTH?how can they layoff tribesman?just another piece of proof that this is a sham and everyone involved is going straight to the seventh circle.the idiot above you scubus especially.probably one of the scuzz that was laid off.eat it humanoid!!!!!!!!!!!!!!!

let's just suppose your post was genuine(which i ddon't buy for a second)you paid over 10,000.00 on that 5,000.00 loam,and your good with that.that was the part you should have left off humanoid.

And the reason CashCall is no longer servicing these loans and they are transferring over to Delbert Services -- http://www.timesfreepress.com/news/2013/aug/27/a-letter-stymies-payday-empire/?print. Makes perfect sense now. They were number one of the list of the 35 lenders that banks were instructed to shut off ACH access to -- they were the first NY AG sued. I will do my part to make sure that Superintendent Lawsky is informed to shut off Delbert's access as well. The real reason WS is shutting down -- their money supply has been shut down -- I am absolutely loving it!!!

I got a loan with this company for $1525, because they took $75.00 out from for fees due to the loan. They said the interes will be 135%. That was back to february 2013. I paid them $1,300 on March 1, 2013. Another $300.00 on April 1,2013. then I called cash call to tried to end with this loan on april 15, 2013. They said they were not taking any payment at that time, and they will let me know, when they were available to do so. but I noted in their web site that the interest on my loan was still going. So, called again on May, and I was told the same thing, to wait. I do not know what to do, but this loan is already over $1000.00 dollars on interest?? Today I saw a document belong to them asking me to sign it so, they will start taking money again from my bank account??, I have problem with that because it is already over $1000 more than what I really have to pay. I am from Mass.

If you are a MA resident -- this is why they cannot take your payment. Do not pay them another dime. http://www.mass.gov/ocabr/press-releases/2013/dob-oca-announce-shut-down-of-debt-collector.html

Follow the link in my signature line for information on how to shut down/shut out illegal pay day lenders. You need to follow all of the steps. If Delbert contacts you, send them a cease and desist telling them to get lost. Legally you owe them NOTHING!!!!!!!!!!!

What state stopped their ACH access or is it all states? I too took out a loan for $1,000.00 from Western Sky. They turned it over to Cash Call. I have paid 3,000.00 back. Now Cash Call turned it over to Delbert. Delbert is saying that I still owe $1,000.00. I e-mailed to them to stop ach withdrawals. They emailed back stating that it was too late to stop the withdrawal. I was told earlier on the phone that it was not too late and send an email to stop them. Not knowing what esle to do I called them and asked them to mail me the original contract. I can't believe that this can all be legal.
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Sorry if I am asking what already has been asked I have been pay $294.00 for the last year to western sky /cash call they now tell me via email no written letter that Delbert services is now taken over and that who I should send my money to I am in the state of nj is my state an illegal state for these pay day loans and if I close my bank account will that stop them from harassing me I know I have paid more than 3500 to them I borrowed 2600 from them I don't want my credit ruined anymore than what is already is please advise.

Virginia