Western Sky and Cash Call
Date: Tue, 12/06/2011 - 11:28
My apologies for the length of this post...I'm back with 1 of 3 outstanding PDL I've been tackling. Thanks for all your continued assistance! I rec'd this response from Western Sky after I replied to the "one-time offer" from Cash Call to get my acct back in good standing! Following is my response in Green, I hope I said the right thing!!
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We are in receipt of your inquiry of December 06, 2011 regarding the above-referenced loan. We have investigated your claim and we have determined that we have accurately reported all credit information regarding the above-referenced loan. In summary, the debt is valid.
With regard to your loan, according to our records, your loan was funded by Western Sky Financial ("Western Sky") September 13, 2011, in the amount of $1,000.00, which is the loan amount of $1,500.00 minus the $500.00 Origination Fee. Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe. Western Sky does not have any physical presence in your state or any other State of the Union. The laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of your loan, and you further accepted this choice of law and jurisdiction by executing your loan document. These facts were explained to you when you applied and again when you signed your Promissory Note. As a courtesy, please find attached an additional copy of your loan Note for your records.
The loan documents clearly indicate the exclusive underlying jurisdiction of the Cheyenne River Sioux Tribe and the Truth in Lending Act Disclosure Statement, stating the APR as well as the total Finance Charge. In addition, a "welcome call" is made to the debtor, during which the terms of the loan, including interest and repayment schedule, are discussed. Please see attached Western Sky Consumer Loan Agreement. According to our records, you signed your Loan Agreement on September 11, 2011 5:45 PM PST, via electronic signature, indicating that you did indeed understand the terms and conditions of the Note. The Note is in original format an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations. The electronic signature on the loan document serves in the same manner as if it were a handwritten signature. On September 13, 2011 1:49 PM PST, a copy of this loan document was e-mailed to XXX provided by you.
At no time did you ever indicate that you did not understand the terms of the contract, the jurisdiction of the note, interest rate charged or total finance charge on the loan. Moreover, had you relayed an adverse financial situation to Western Sky customer service, you would have been offered a very favorable resolution despite its lawful rights to enforce the terms of your contract. Please be advised that on September 16, 2011, per the NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS e-mail sent to the e-mail address you provided, your loan was sold to WS Funding, LLC, and is currently being serviced by CashCall. As of the date of this letter, the payoff amount due on this loan is $1,875.84.
If you are unhappy with Western Sky, WS Funding, or your loan in any respect, we would advise you to pay it off now without penalty. Further, if you are truly experiencing financial difficulty it is strongly suggested that you contact our Customer Service department at 1-877-525-2274 and relate your situation, thereby working out a payment plan which will attempt to address your needs. Our hours of operation are 6 a.m. to 8 p.m. Pacific time Monday through Friday; 8 a.m. to 12 p.m. Pacific time Saturday.
We hope that this response has answered your questions. Please do not hesitate to contact me at 949-752-4630 if we can be of further assistance.
Sincerely,
Elissa Chavez
Dispute Resolution Department
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[COLOR=darkgreen]Ms Elissa Chavez makes the following statements: "...Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe. Western Sky does not have any physical presence in your state or any other State of the Union. The laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of your loan, and you further accepted this choice of law and jurisdiction by executing your loan document."[/COLOR]
1. I was not told at the initiation or approval of this transaction that this was funded by the Cheyenne River Sioux Tribe nor that it would be transferred to Cash Call upon approval.
2. The three sentences highlighted in red alone are evidence that I am not subject to the terms of this transaction. Since I am not a member of the Cheyenne River Sioux Tribe and you do not provide unsecured payday loans/payday advances per the laws of my state of residence, Ohio or the Federal Government of the United States of America you cannot validate this illegal transaction.
You cannot have it both ways. Either you operate under the laws of the United States of America (specifically the State of Ohio) or Cheyenne River Sioux Tribe. Since your own statements affirm you are following Tribal law I will graciously agree to pay the amount I received as goodwill of $900 I offered initially with no negative impact to my credit rating to any credit agencies (i.e.,TransUnion, Experian, Equifax).
I am aware Western Sky has a case pending by the Federal Trade Commission to halt any wage garnishments. You might want to read Case No. 3:11-cv-03017-RAL FTC File No. 112 3023 before you attempt additional illegal activities or I will be filing a claim with the FTC and my States Attorney General against you as well.
Private creditors – including payday lenders – must first obtain a court order before garnishing a debtor’s wages. Payday Financial and the other defendants (Western Sky) are charged with violating the FTC Act by:
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We are in receipt of your inquiry of December 06, 2011 regarding the above-referenced loan. We have investigated your claim and we have determined that we have accurately reported all credit information regarding the above-referenced loan. In summary, the debt is valid.
With regard to your loan, according to our records, your loan was funded by Western Sky Financial ("Western Sky") September 13, 2011, in the amount of $1,000.00, which is the loan amount of $1,500.00 minus the $500.00 Origination Fee. Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe. Western Sky does not have any physical presence in your state or any other State of the Union. The laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of your loan, and you further accepted this choice of law and jurisdiction by executing your loan document. These facts were explained to you when you applied and again when you signed your Promissory Note. As a courtesy, please find attached an additional copy of your loan Note for your records.
The loan documents clearly indicate the exclusive underlying jurisdiction of the Cheyenne River Sioux Tribe and the Truth in Lending Act Disclosure Statement, stating the APR as well as the total Finance Charge. In addition, a "welcome call" is made to the debtor, during which the terms of the loan, including interest and repayment schedule, are discussed. Please see attached Western Sky Consumer Loan Agreement. According to our records, you signed your Loan Agreement on September 11, 2011 5:45 PM PST, via electronic signature, indicating that you did indeed understand the terms and conditions of the Note. The Note is in original format an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations. The electronic signature on the loan document serves in the same manner as if it were a handwritten signature. On September 13, 2011 1:49 PM PST, a copy of this loan document was e-mailed to XXX provided by you.
At no time did you ever indicate that you did not understand the terms of the contract, the jurisdiction of the note, interest rate charged or total finance charge on the loan. Moreover, had you relayed an adverse financial situation to Western Sky customer service, you would have been offered a very favorable resolution despite its lawful rights to enforce the terms of your contract. Please be advised that on September 16, 2011, per the NOTICE OF ASSIGNMENT, SALE OR TRANSFER OF SERVICING RIGHTS e-mail sent to the e-mail address you provided, your loan was sold to WS Funding, LLC, and is currently being serviced by CashCall. As of the date of this letter, the payoff amount due on this loan is $1,875.84.
If you are unhappy with Western Sky, WS Funding, or your loan in any respect, we would advise you to pay it off now without penalty. Further, if you are truly experiencing financial difficulty it is strongly suggested that you contact our Customer Service department at 1-877-525-2274 and relate your situation, thereby working out a payment plan which will attempt to address your needs. Our hours of operation are 6 a.m. to 8 p.m. Pacific time Monday through Friday; 8 a.m. to 12 p.m. Pacific time Saturday.
We hope that this response has answered your questions. Please do not hesitate to contact me at 949-752-4630 if we can be of further assistance.
Sincerely,
Elissa Chavez
Dispute Resolution Department
*****************************************************************************
[COLOR=darkgreen]Ms Elissa Chavez makes the following statements: "...Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe. Western Sky does not have any physical presence in your state or any other State of the Union. The laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of your loan, and you further accepted this choice of law and jurisdiction by executing your loan document."[/COLOR]
1. I was not told at the initiation or approval of this transaction that this was funded by the Cheyenne River Sioux Tribe nor that it would be transferred to Cash Call upon approval.
2. The three sentences highlighted in red alone are evidence that I am not subject to the terms of this transaction. Since I am not a member of the Cheyenne River Sioux Tribe and you do not provide unsecured payday loans/payday advances per the laws of my state of residence, Ohio or the Federal Government of the United States of America you cannot validate this illegal transaction.
You cannot have it both ways. Either you operate under the laws of the United States of America (specifically the State of Ohio) or Cheyenne River Sioux Tribe. Since your own statements affirm you are following Tribal law I will graciously agree to pay the amount I received as goodwill of $900 I offered initially with no negative impact to my credit rating to any credit agencies (i.e.,TransUnion, Experian, Equifax).
I am aware Western Sky has a case pending by the Federal Trade Commission to halt any wage garnishments. You might want to read Case No. 3:11-cv-03017-RAL FTC File No. 112 3023 before you attempt additional illegal activities or I will be filing a claim with the FTC and my States Attorney General against you as well.
Private creditors – including payday lenders – must first obtain a court order before garnishing a debtor’s wages. Payday Financial and the other defendants (Western Sky) are charged with violating the FTC Act by:
- misrepresenting to employers that the defendants are legally authorized to garnish an employee’s wages, without first obtaining a court order;
- falsely representing to employers that the defendants have notified consumers about the pending garnishment and have given them an opportunity to dispute the debt; and
- unfairly disclosing the existence and the amounts of consumers’ supposed debts to employers and co-workers without the consumers’ knowledge or consent.
Their letter is typical of all illegal/offshore/tribal lenders.
Their letter is typical of all illegal/offshore/tribal lenders. They know damn well that YOUR state laws apply only. They just try to confuse you with legal mumbo jumbo.
