Western Sky / Cash Call - Need Help
Date: Wed, 12/12/2012 - 16:09
On 8/1/2012 I received the $2600 loan ($2525 deposited) from Western Sky. A few days later the loan was transferred to Cash Call (go figure). I have paid a total of $881.42 in three payments to date but I cannot afford the payments of $294.46 any more. After finding this website I discovered that tribal laws are illegal and furthermore in Pennsylvania they are an unlicensed lender and unlicensed lenders in PA are subject to a 6% interest cap. I emailed Elissa Chavez as well as custserv@cashcall.com on 11/30 a letter that I found on this website stating that I had a loan with Western Sky that had been transferred to Cash Call and that it was an illegal tribal loan as well as a loan that is illegal in PA and that I was revoking ACH authorization per Federal law, Regulation E Section 205.10 Preauthorized transfers (as well as revoking voluntary wage attachments). I let them know I would be closing my bank account they had on file. I also told them that the only authorized communication with me would be via US mail or email and not to call my place of employment or references on the application. I did state that I was willing to pay the principal balance only of $1643.58 ($2525-$881.42 paid) but only if they provided me a mailing address to do so etc. I also let them know I was filing a complaint with the PA AG and FTC as well. To this date I have not gotten a reply from them other than a generic email that stated "Your scheduled payment to CashCall, Inc. set up through automatic debit in the amount of $294.46 was returned unpaid by your bank. Pursuant to the CashCall Promissory Note and Disclosure Statement, ("Note"), a returned item fee of $29.00 was charged to your loan.". They tried the automatic debit on 12/3. I had already revoked ACH transfers on 11/30 and I had placed a stop pay for cash call with my bank and I am in the process of closing my account.
So what do I do now? They have not started the calls yet but since they have ignored my emails and faxes and to this point I assume its only a matter of time before the calls start. I also filed a complaint with the PA department of banking but the reply I got for them that while loans of that type were illegal in PA, the lending company is claiming Sovereign Immunity therefore the PA Department of Banking has no regulatory reach. They recommended I file a complaint with the Consumer Financial Protection Bureau which I did and now have a case number. I have filed the complaint with the PA AG but no reply yet. I want to file a complaint with the FTC but I am not sure what heading to put it under. Are there any other complaints I should file? Any other steps I should take? I was in very dire straits when I took out that loan and I had no other choice, I just want to take care of it and pay the principal. This forum has been very helpful and has already helped me deal with Mobiloans (complied with ACH revoke and communication, waiting on payment plan for principal) as well as Plain Green Loans (also complied with ACH and communication request, and settled for just the principal), now I just need to take care of Cash Call. Thank you all so much.
When you emailed CC
When you emailed CC originally, I got this back shortly "Dear Customer,
Thank you for your correspondence. I have received your email request to cancel the auto withdrawal on your loan. Your request has been processed effective today. Please keep in mind that your due date is the 1st of every month. Your account has been placed in a cease and desist status. All communications from CashCall going forward will be communicated in writing through mail or email only. I have also sent a Permissible letter to your email and home address this should answer all of your concerns. Have a great day.
Thank you, Nikki Carmody, Customer Concerns Representative" followed by their -- standard you did this letter from customer service.. You haven't gotten anything? when did you sent them your email?
As for Mycashnow.com - the only other option is to mail them a letter to Canada - I would send CMRRR if you decide to... or just wait it out, if you don't send the letter thought - those calls will start... when were they due to attempt to withdraw?
Update
Cash Call has sent a letter to me via US Mail basically stating that it is a valid loan that I agreed to and then they spouted off their tribal law line. They also responded to my complaint to the consumer financial protection bureau stating the same thing. They also stated that they will stop the ACH withdraws as well as follow the communication requirements that I required in my letter. But, they are telling me I owe interest as well as the principal balance. "The payoff balance as of December 7, 2012 is $2,975.24; the remaining principal balance is $2,595.86." Not going to happen. I also have a loan with mycashnow.com which I have emailed my letter to two different addresses and faxed as well but to this date have gotten no response to the fax and the two emails were undeliverable. I have no idea what to do about this one.
I emailed my original letter
I emailed my original letter straight to Cash Call from their customer service page on the website, just cut and paste.. - I would recommend that at least one be done this way - that way you have a record that they got it... Keep sending it, they will take a while to come around -- remember to have your bank account secure. they will try to come from every angle.. I send all of mine to Elissa Chavez as well as custserv@cashcall.com - added this last time info@westernsky.com -- you might try adding - not sure if it will help or not- I started my process with them on the 2nd of Oct..
As for mycashnow.com - If you are logged into your account, can you send an email straight to their customer service department - you will at least get an email back that way stating they received?
Communication
Hey thanks for the reply HelpinAZ. I did in fact use Cash Calls customer service page to send them my original email. Mycashnow.com does not have the option to send customer service a message, nor do they list an email address anywhere on their website that I see. I got the email addresses I used off of this website but they no longer work. I guess they don't want people to get a hold of them. Boy am I glad I closed my bank account.