Cash Call

Contact with Ohio Division of Financial Institutions and try to find out whether or not Cash Call is licensed in your state. You owe both principal and interest, if they are licensed. Try to negotiate with them and set up a payment arrangement with them.

Their ACH will be rejected but you will be charged for the failed transaction. What you need to do is talk to CashCall immediately. Was this a Plain Green/CashCall loan or just CashCall. In the later case, things look a little grim since CashCall itself is pretty much legal.

You do need to speak with CashCall, but be very careful. Have a small notebook by your phone. Be sure and document names of anyone you speak with and dates, times. If they say they will do something and don't do it, this will give you ammunition.
You can also revoke your ACH with your bank if needed.

if the loan originated with Western Sky or any other tribal type loan.

This loan was originated by Western Sky and they sold it to Cashcall

Then it's illegal and you should only repay the principal balance. And, you can repay it on your own terms. Follow the steps for illegal lenders in the link in my signature line.

How many payments have you made so far?

Thank you ohiogal I will check out the steps. I have only made 3 payments so far

I forgot to mention that I did sign documents with Cashcall when the loan transferred from Western Sky, does this make their loan legal?

I have made a total of $852.17 in payments so far.
a first payment of $263.25, then 2 additional payments of $294.46 each.

They can't "buy" an illegal loan. No. Your loan was initiated with an illegal, tribal lender. It's not valid.

I copied and pasted the illegal lender (changing some details) and offering to pay $100/month and principal only, as well as revoking the ACH withdrawals. Here is what they said back:

Dear *****,
This letter is being sent in response to your inquiry of July 05, 2012 in regards to the interest rate charged in conjunction with your loan.
Your loan was funded by Western Sky Financial ("Western Sky") on April 04, 2012, in the amount of $2,525.00, which is the loan amount of $2,600.00 minus the $75.00 Prepaid Finance Charge/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.
Please also be advised that on April 07, 2012,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. If you have any questions regarding your loan, current balance, or payoff amount, you may call our Customer Service department at 1-877-525-2274. 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. 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.
We hope that this response has answered your questions. Please do not hesitate to contact me if we can be of further assistance.

Sincerely,
Jean Kohles
Customer Service Manager
CashCall, Inc.
(877) 525-2274 ext 5844

Oh no, I can't edit this post. Is it possible to do so and take out my name? As you can see my anxiety is getting to me.

No problem. I just took your name out:D. I read your email and what stood out for me was their claim that just because they are on a tribal reservation, your state laws do not apply to them. This is exactly what every illegal lender tries to say and trust me, they are trying to scare you.
What they can do is possibly take you into court--as they have done to many other people on the boards, including me. If this does happen, stand your ground and we will help you get thru it.

Oh thank you so much! Have you had to stand before a judge? Did you have to get a lawyer?

Here's the thing to keep in mind. You don't owe a THING to CashCall, not even principal.

You got the loan from WS, that's who you owe.

They sold an unenforceable contract to CashCall.

This is their way of trying to get around the fact that they know they aren't legal.

It's all a ruse.

Stand your ground and make it clear to them that you're willing to repay the principal but, if they aren't willing to accept that, you're not willing to pay them anything.

No, I never had to go to court. My case was dismissed without prejudice before I had to go, so I was very lucky.
What would be interesting to do if you can, is go to your County Court's website and do a search for CashCall to see how many people it has tried to sue within the past year. I did that and got hundreds of people.

Good idea, I found 1 cash in my county, in 2011 and it resulted in wage garnishment. That doesn't seem like a good sign. On a more positive note, it seems it was only the principal that was garnished.

I have already paid Western Sky/Cash Call way past the principle. From what I hear its hard to fight cash call. I'm trying to fix my credit, and cash call is reporting on two of my credit reports.

How do you fix this issue? I heard someome tried to get it removed, and the credit agencies said it stays.

You dispute it, citing the contract is invalid and unenforceable due to the "tribal" nature. You cite your state's laws and any favorable case law to support your dispute, and you keep at it until it's removed.

I have stopped payment on my ACH and today was the first payment that didn't go through. 8:30 a.m. I get a call asking me when I will pay. I told them that I can pay $100 on the 10th which I ask to go towards my principal. He told me that loans don't work that way, you pay interest first. I said that this loan was originated on a reservation making it illegal and also the interest rate was illegal in my state as well and the loan being illegal in my state. He said it didn't matter, I signed a contract and am responsible. He said why would I do that if I knew it was illegal? I said at that point I didn't know it was illegal, so he said "you found out it was illegal after you spent the money?" I said I have every intention of paying back the $2600 principal that is due on that loan, and he asked me to do it today. I said I couldn't do it today, I could do $100 on the 10th and then from there I could figure out what I could do. He told me that I will default at the end of the month, and that it will be reported to my credit report and I will continue to receive calls. I said I guess that I will deal with that when it happens. Then I thanked him fro treating me like an idiot, said good day, and hung up. I guess that was childish, but this man spoke to me like I am scum. I understand that he wants his money, and feels like I am in the wrong, but no need to speak to me like I am a dead beat. So I guess my question is, what should I do next? Does anyone know the name of the law in Ohio that states that tribal loans are illegal and also that they can only charge a certain amount of interest for a payday loan? Also, he said that my state's laws don't apply to this loan, so what should I say to this?

You need to reiterate with him, if you talk to him again, that you are not a member of the "tribe" so you don't have to follow their laws.

Just like they are exempted from your state's laws.

There is no specific law in Ohio regarding tribal laws. You can quote state usury limits to him but, again, just like you don't have to follow their laws, they don't have to follow yours.

The contract is unenforceable because they would have to sue you in your county court, which they can't do. They also can't legally require you to appear in their tribal court.

It's a stalemate.

Thank you OhioGal, I really just wanted to say to him "then take me to court" but I thought it would be poking the bear.

I am not trying to be a bad person, but hearing them try to get me to say that I choose to default and make my own terms really made my BP rise.

You have been a great help and it's nice to hear advice from someone in my own state. I know this isn't over, and it's great to have support because I am way too ashamed to speak to my family about it.

I'm happy to help.

I know how you feel about talking to your family. However, the more people that know about this PDL trap, the better! If you can prevent someone from falling into the trap or help someone finally break the cycle because they've educated themselves regarding these illegal and/or tribal lenders; I say a little embarrassment is worth it :)