Non-defaulted Western Sky/CashCall loans being transferred to Delbert

My husband and I both have a loan with Cash Call and after a week of Cash Call blowing up my phone my husband answered and was told Delbert has taken over our loans. They wanted us to log into our accounts and e-sign something....we did not.

Forgot I am in CAlifornia

Well I am stuck in a hard place. I have done what I was suppose to as far as stopping payment and contacting Delbert but they are tearing up my phone today saying today is the last day to get any offer ect. I have had several messages and I thought that was illegal???? Any new info for the state of Tennessee?

I have a loan that was originally taken out with Western Sky and quickly transferred to Cash Call. I live in OK and after the fact found out that they do not have a license to do business here and the OK attorney general's office issued a statement in jan. 2012 that the loans were illegal and that the only portion that had to be repaid was the principal. I made 15 payments all on time totally 6925.60 and the original note was for $5000 + 135% interest. I have sent Delbert Financial a cease and desist letter outlining why I have satisfied this note and the fact that they owe me illegally collected usury interest (debited from my bank) but that all I was asking was for them to report the debt as paid in full to the credit bureaus and as on time and to stop collections. They since have reported me as deliquent 90 days + and still owing over $5000. Any help would be great. I filed a complaint with the CFPB who just filed suit against them in Dec.

You need to contact the Illinois Department of Financial and Professional Regulation since it was that state agency who took enforcement action against WS and who has the C&D in place with them. The AG's office did not sue them - the agency that regulates consumer loans sued them. If you will research my previous posts later portion of 2013 specifically, I have posted a letter you can use to dispute with the CRAs. Take the letter I posted and change it up to meet your situation and attach a copy of the C&D order with it.

How do you find out if your state has filed a lawsuit against WS/CC?

So the AG for IL wrote me back and said that they forwarded my complaint to Western Sky and that I should consider any reasonable offer to settle I receive. I was a bit disappointed...not mention of the legality of the loan. The letter reads, "This is an informal mediation process." I wonder what WS will respond with.

Can those who have letters stating the loans are illegal share which group is sending those to consumers? Just curious. I have negative reporting at this point. Was really hoping for something I could use to dispute this on my credit file.

Fought a long, hard battle but justice has prevailed!! Way to go!!

Here is everything you need to fight Delbert Services and CC on these illegal WS loans.......http://www.ftc.gov/news-events/press-releases/2014/04/payday-lenders-used-tribal-affiliation-illegally-garnish-wages. They cannot have it both ways.

Okay...really appreciate your help.

The scam at this company continues. I called Delbert and told them their ACH is revoked and you cannot debit from my account. Even the bank told me once you verbally tell them they can't. Sure enough they deducted today under CashCall. I am so f'ing mad.

I called Delbert and asked if you own the loan why is CashCall deducting? The rep said it is going to show up as Delbert. I said I revoked your ACH. WTF???

And indicate what state you are in please.

Received the email from Delbert today. I am in NJ.

Received the email.... I'm in Florida.

Waves from Naples....western sky loans are illegal in Florida...you owe principal only...no fees, no interest. Send delbert services the following. Delbert is a junk debt buyer/collection agency.

Dear Delbert
I hereby demand you cease and desist any and all contact with me and anyone associated with me. You are collecting on an illegal tribal loan....a fact you are well aware of.

Govern yourself accordingly

Texas

So this is the email I've prepared to send to Western Sky, Cash Call, Delbert Services....what do you think? Any and all criticism welcomed. I wanna be sure to get this right.

Good Afternoon,

First I'd like to state, PLEASE DO NOT ASK ME TO CALL IN, AS I'D LIKE TO HAVE EVERYTHING IN WRITING.


As of today, I've revoked ACH/EFT withdrawals. Letter has been emailed and faxed, so you should have that on record.




Unfortunately, I'm not able to continue along with the initial interest rates by Western Sky of 139%. After being advised that the interest rates being charged were illegal, I was advised to contact you to work out a settlement and payment plan to repay the PRINCIPAL amount borrowed ONLY.

In no way, am I trying to steal money from the company who helped me out, but I also can't go along with the crazy rates anymore according to my state's laws. I've contacted both my Office of Financial Institutions and the Attorney General's office for guidance and can forward correspondence once received. I understand you'll reply citing Tribal laws and my reply will be to that will be my states laws supercede that.

I'd like to skip all of that back and forth and work out a way to repay you the remaining principal balance owed of $1823.08 ONLY, have my account marked as PAID IN FULL once the final payment has been received and without any negative marks on my Experian, Equifax and TransUnion accounts or any other consumer reporting agency.

If the Customer Service department isn't able to help me with this request, please forward to the appropriate department and I'll gladly work with them to repay the REMAINING PRINCIPAL MONIES OWED ONLY.

So far, I've made payments of $117, $292.46 and $292.46, totaling $701.92, leaving a remaining principal balance of $1823.08. I'm prepared to send in $100 per month or more, if able, by mail to repay the debt.

Also, as Delbert is not the original creditor and just a servicer, please cease & desist any and all phone calls to my home, work, cell and any other number associated with my account, including references listed.

I'd like to have all contact from this point forward handled IN WRITING, which is beneficial to both myself and you.

Thank you and I sincerely look forward to your reply.

I had a cash call loan when they were backed by a bank so needless to say I paid thru the rear. Anyway, I've been following your posts about them and do you think that they are transferring these loans to Delbert so they can continue to collect? I read online where one guy says he was in Mass. and tried to pay his loan off and they would not accept his payment because they were involved in litigation. Just curious.

I hereby demand that Delbert Services cease and desist any and all contact with me and anyone associated with me per the FDCPA.

As of today, I've revoked ACH/EFT withdrawals. Letters has been emailed and faxed, so you should have that on record. I am also revoking any and all wage assignments I may have signed.

After being advised that the interest rates being charged were illegal, I will pay the principal remaining balance only. I will not pay interest or any fees. I've contacted both my Office of Financial Institutions and the Attorney General's office for guidance about your business practices. You will probably quote Tribal laws but you know as well as do that I am not subject to tribal laws, regardless of what was in the original contract.
I will pay the account back at the rate of $100 per moth and you will mark my account as PAID IN FULL once the final payment has been received without any negative marks on my Experian, Equifax and TransUnion accounts or any other consumer reporting agency.

So far, I've made payments of $117, $292.46 and $292.46, totaling $701.92, leaving a remaining principal balance of $1823.08.

Govern yourself accordingly

To the poster....there is no reason to be polite with them or ask them permission. You are in control. You tell them what YOU will do.

Go ahead Soaplady, with your bad self! This is an excellent letter. You're right, I shouldn't be so nice. I think I was taking the approach of "Catching more flies with honey", until it was time to be firm.

I'm in Texas. My most recent payment was due 8/15, but I have closed that account. I have already paid $3200 on a $2600 loan.
I'm going to send Soaplady's email after I modify to my situation.
Thanks!

@RNG - Texas has guidelines that, Online lenders must be licensed in Texas.Western Sky I am sure is not licensed to lend in TX.. Here is some useful information for you: "Thank you for your inquiry into the Western Sky Internet Loan lawsuit. The case is currently proceeding in the United States District Court for District of South Dakota. The plaintiffs will be seeking certification of classes that include IKO customers in Minnesota, Virginia, and Texas. " - Send a private message to momofthree27 - she will be able to give you more info..

On my credit report it shows 0 balance with cash call now that they have transferred to Delbert can Delbert but this on my credit report if refuse to pay?

This is the 64 million dollar question.....we are all waiting to see how the reporting changes once they transfer these fraudulent loans over to Delbert to attempt to collect on.

I too have a loan that has not defaulted yet, well it was actually due today. I received the email from Delbert saying the loan was sold and that the new lender has retained Delbert to "service the loan". I never received anything from Western Sky or Cash Call saying the loan was sold and to whom (I know it's WS Funding, but only know this because of this forum). Why would I even consider paying a third party (Delbert) just because 'THEY' say to pay them??? I have already over paid the principal amount of the loan by $824.00. By the way, I'm in Indiana and will be filing complaints with Dept. of Financial Institutions, the AG and anyone else that will listen.

Ah, the plot thickens, Delbert supervisor said the loans were actually sold to Delbert and Delbert is not merely servicing the loan. Try to call Western Sky and the line transfers to Cash Call and then that line transfers o Delbert.

Decided to log into cashcall and see what was there. I was able to see payment history now page comes up has all my checking info on closed acct. Says they are updating their files and wants me to sign off on it. Banking acct closed so why would I sign off on it. Thought this was interesting

Logged into cashcall. Use to pop up payment history now page pops up wanting to update files it has all info on closed banking acct. And wants me to sign it. Thought this was intetresting of course didnt sign it. Just wanted to share

Received the email and I am in AZ

Delbert, CashCall and WS Funding are all one in same - owned by Paul Reddam. The reason they are transferring to Delbert is because national ACH clearing house has suspended CashCall from being able to collect on these illegal loans. Just another one of their shell games.

I thought I would try to log into Cash Call - well this is the message I got:
An account does not exist at CashCall for the login information you entered. -- I consider that saying I am done with them... :)

So I am a Western Sky customer who ended up with my loan being transferred to Cash Call. I was notified of the CC transfer. I never got any notice of my transfer to Delbert. The only reason I even knew was a payment reminder from some unknown company. Don't they have to legally notify me of the transfer of my loan both Cash Call and Delbert?

However, they are not done with you......check your credit report to see how it is reporting. That's the big hurdle for all of us. They got caught with their greedy little hands in the cookie jar and so they packed their toys up and went home......unfortunately they continue to screw us over by reporting these fraudulent loans as charge offs.

I know that they are not the only thing presently on my credit that I have to worry about.. If it is the only thing on your credit great for you.. and one thing can be disputed in writing and explained say if you are trying to buy a house or get a loan.. even if you can't get removed which I feel now is only a matter of time and that too will happen, you can still dispute in writing and not just with the credit reporting agencies..

Here is an article that might help: http://www.bankrate.com/finance/credit/disregarded-credit-report-disputes-messy.aspx

For anyone in Georgia, please be aware that the State Attorney has sued Western Sky and CashCall. They are one and the same company anyway. Later, the suit was amended to add Delbert Services. The suit asks that all loans be declared null and void and three times the interest paid be reimbursed back to the customer. Check it out! Thats why the big rush to change to Delbert. However, the suit later added them. Don't pay them anything!

I am a Western Sky customer who ended up with my loan being transferred to Cash Call. Then today I received an email from a Delbert services requesting I complete a form allowing them to withdraw funds for my loan. However, nowhere does it state they are responsible for the loans originated by Western Sky or Cash Call. Nor have I ever received any notification that there were changes of these sorts. Don't they have to legally notify me of the transfer of my loan to Delbert, which I'm assuming is why Delbert notified me? Because I did not know who Delbert was I immediately looked them up online and found this forum. Also, when I logged into Western Sky it claims I no longer have an account with them. What is our legal responsibility at this point based on all the discussions on this forum?

So you are saying that Western Sky sold me a loan illegally, and that Delbert is illegally trying to collect on it? I have never received any kind of notice that there were changes in my loan. Today out of the blue I received an email from Delbert requesting me to sign a check payment authorization with no explanation as to what it's for, how much it's for, and for whom. I wrote them back and requested to know why they sent me the email, who were they, and who they represented as I have never heard of them before until today. I looked them up online and found this forum. Then I tried to log into Western Sky only to discover that I no longer have an account with them. What am I truly responsible for at this point? What do you recommend? Do I send the letter you recommended? Your input is greatly appreciated.

Like I said wants me to sign a form they can take payments out of a closed acct. What is strange again mine was turned over to kramer and assc. Havent heard a,word from delbert. Any clue what might be going on

Received email in Oklahoma

The reason you are being sent the request from Delbert is because of all of the pending litigation against WS/CC. The national clearing house shut down both of them from being able to use the ACH system so they are trying to get around it by transferring all loans over to their sister company Delbert so they can process ACHs. It is my advice to respond to their request with a letter revoking ACH for all entities (Western Sky, Cash Call, WS Funding, LLC and Delbert) citing the fact that they are illegal loans and all pending federal and state enforcement actions. If you still owe principal then tell them in light of the pending litigation against them you will be making any future payments via money order or cashier's check and request a mailing address. They shut down the operation for a reason -- because their scam is up and they know it.

Hello Everyone! I think I may have already posted in this thread, but I wanted to update everyone. I too had a loan with Western Sky that was transferred to Cash Call, and then Delbert Services. I wrote all three C&D letters a while ago (with the exception of Delbert, which I just sent recently). I also filed complaints against them with the FTC and NJ Attorney General. I just wanted to let ya'll know that I received a response from the NJ Division of Banking (Enforcement Bureau) regarding me Western Sky/Cash Call loan:
.
Ms. XXXXXXXX,
.
Please note that the Department is coordinating with the New Jersey Attorney General’s Office (“AG”) regarding actions to be taken against the above referenced entities. Pursuant to the complaint you filed, our office wishes to add you to the formal legal Complaint to be filed in Superior Court. This will allow the State to try and put a stop to these entities continuing to provide illegal and predatory loans in New Jersey. Although you are responsible for paying the principle loan amount taken, the State will be pursuing restitution of all the fees and interest collected from all the New Jersey consumers. In order to add you as such, the AG’s office requires a copy of the Loan Agreement issued to you by Western Sky Financial.
.
Therefore, please forward a copy of the Loan Agreement as soon as possible. You can do so via e-mail, fax, or mail as listed below. Please also be sure to contact the undersigned to confirm your receipt of this correspondence and whether or not you can/will be providing a copy of the loan agreement and how/when you plan to send it.
.
Thank you.
.
Sincerely,
.
Troy Dayton
Investigator 1
Enforcement Bureau
P: 609-984-2777, Ext. 50230
F: 609-292-5461
.
So that's enough of a response for me to KNOW that I'm only responsible for the principle for each and every payday loan or installment loan (Western Sky).
.
I just wanted to let everyone know because I was SUPER excited when I saw that response from the NJ Dept. of Banking.

Hi! So glad I found this forum. I live in IL. Have paid Western Sky/Cashcall - $9300.00, for a $2600.00 loan. NEVER defaulted. Delbert Services sends the letter requesting I send them ACH authorization. Anyone know what they can do to someone in IL?

Can delbert services debit my account without authorization? I don't want to sign their ach authorization they are sending to everyone.

I received this email as well at the beginning of the week. I did not sign it or go to their website, but this morning I had a debit from Cash Call for the payment.

Me too. I' m going to close my bank account.

The person from IL who posted on this forum they have paid $9300 on a $2600 loan -- this is outrageous considering your state already shut them down. Additionally, the class action lawsuit in Illinois against Western Sky over these loans -- Jackson et al v Payday Financial (WS) et al the appeals court just ruled that the loan agreement and arbitration is a scam and re-opened the case. You need to do the following ASAP: (1) follow the instructions in the sticky "dealing with unlicensed lenders" and revoke ACH immediately sending to all three entities; (2) close your bank account attached to the loan; and (3) contact your Illinois AG and division of banking officials and notify them about your situation. There is a stipulation in place with Western Sky and your state. If you need more help you can register with the forum and send me a private message.

Here is a link to the cease & desist order against Western Sky in IL http://www.idfpr.com/DFI/CCD/Discipline/WesternSkyCDOrder3813.pdf

I took out a Western Sky loan last year for $5,075 and paid it off earlier this year. During that process I authorized Cash Call to debit my account.

I then took out another loan 3 months ago, same Cash Call ACH authorization, but then I got a letter on 8/15 that my loan had been sold and Delbert was the new loan servicing company. Ironically, this letter doesn't say who the loan was sold to, as the previous letter did.

My due date was 9-1, but as of 9-5 the ACH hadn't happened. I found that ironic so I checked around the internet and discovered what had happened to Western Sky and I found this website.

I got a call from Delbert saying there was a "glitch" in the system that didn't allow the payment to go through, so could I give them authorization to debit my account. Uh no! We went back and forth for a few minutes but then I got tired and we agreed to disagree on some things. Last night I wrote a letter based on what I've read here reiterating the loan was illegal in TX and that I hadn't authorized them to debit my account.

In a crafty move, they used Cash Call to debit my account last night, AFTER sending the letter saying Delbert was the servicing the loan, which gives away the fact that they are tied together, because if Chase Bank buys your loan they wouldn't get BOA to debit your bank account for them. I've filed a complaint with the SD Attorney General, CA Attorney General, and the Consumer Financial Protection Bureau. If Delbert calls back I'll file a complaint with the Texas AG, since they are licensed in the state of TX.


Here is the letter from Delbert from 8/15:

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 *******.

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

I am in the process of trying to close my bank account. It's Chase bank so I'm a little concerned about how soon the account will actually be closed. Thank you for your help, and I will definitely register and send you a message.

Unregistered in Texas -- register with the forums and send me a PM I have some additional information that will help you in Texas. Yes, it seems that if you refuse to sign the authorization for Delbert to start debiting and you are not in NY state, CashCall will still debit your account. Get back to me so I can help you with your complaints, especially one in Texas.