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

Can you please send me additional information on the class action suite

this is precisely why we strongly suggest closing down your bank account...to prevent this type of thing

Supposedly Delbert claims since they didn't get everything set up fast enough they went back to use CashCall to deduct. I know they did it to other people on her as well. Yet the letter from Delbert is dated August 29. What a shady and crooked company. I let the rep have it and she said 'pay your bills, you signed a contract.' I said I do pay my bills for legit debts. I said this is why you have so many lawsuits up your ass and are getting your asses kicked in every state. She was a nasty "b"

Ok just talked to bank rep. He said since Delbert became owner of the loan as of Aug. 14 and the CashCall payment that went through yest, Sept 20 is considered an unauthorized charge. I already know CashCall is not going to refund the money but hopefully the bank will reimburse me.

I've been reading all these posts, I too have a WS loan devices by CC, I'm 90 days past due (my state Michigan is taking th to court Tues the 24th!) but I have not heard anything from Delbert like everyone else. I just keep getting settlement offers in the mail from CC. Does anyone know why some are being transferred and others not? I know they are shady but what's their method to all this?

Delbert is the collection arm of CashCall -- all run by the same man and in the same offices. If you were already in default once they officially charge it off according to CC, they assign it to Delbert and you will hear from them in a collection agency capacity. Now, for those with loans through Western Sky aka Cash Call that are or were current prior to the beginning of August, the reason for the shift is because of all the lawsuits against WS/CC by all the states and most importantly because the national clearing house for ACH processing and banks were put on notice that they were illegal. Hence, the big rush for them to move everything over to Delbert trying to say it was sold to Delbert, etc.....so they basically sold the loans to themselves.....lol. They are going down and they are doing everything they can to collect what they can on these illegal loans before they get completely shut down. Not to mention the hellish game they play with your credit report to hold you hostage for these illegal loans and Equifax and Experian don't seem to care they are allowing a fraudulent company report fraudulent information. That's a whole other can of worms.

The lady at the bank said 'this company cash call will flip flop debits on your account back and forth using other companies Delbert included'. Now what's funny is Delbert says "servicing the loan from the original purchaser' but yet they are very careful to not mention any company name but Western Sky. Yet when you call on the phone and ask if they own the loan they say 'yes'. I think what they are doing here is illegal. Not giving you the correct info, still using cash call's name to debit, etc. I am contacting the guy at the state banking dept again on Monday and run this by him. You have a right as a consumer to know all the facts behind this loan. Of course I am not paying it and ACH revocation letters have been faxed.

The same thing happened to me, I got a Western Sky loan, then got a notice that it was sold to Delbert before the first payment. I made a payment, then I got an email to fill out a form to give another company complete authorization to draft my bank account. I did not sign it. and revoked my ACHs. Then I got an ACH from Cash Call. None of my documents said Cash cALL, and I disputed it. Has anyone one disputed this type of transaction and won?

Did your bank reimburse you? The same thing happened to me two days ago, and I am in deep overdraft now.

I went to the branch yesterday and she filed the dispute for me. We will see. They are crooked, dirty and scammers. Since Delbert didn't get everyone set up on ACH for Sept they pulled a fast one and used Cash Call. Take the letter you got from Delbert dated in Aug saying they are "servicing the loan and all payments will be made to Delbert" to the bank office. That's what I did. What they did was illegal. Once the letter stated Delbert is now handling the loan any debits from Cash Call is fraud.

And I another letter I got from Delbert dated Sept 5th says: " your loan was sold, and the servicing rights were assigned to Delbert Services".

Sold to who? Notice of assignment, sale or transfer of service from where? Such a scumbag company.

I went to BOA branch today and they refused to make my account deposit only. I spoke with branch manager and she even called her supervisor. Said that they do not do that anymore. Also said if they closed the account that it would be reopen by any debit action. I could file a claim of fraud that puts a freeze on my account, but I don't know if that affects my direct deposit this Thursday or my ability to withdrawal money.

Very frustrating, I took up a second job, so working two jobs and going to school leaves me next to no time to do all this running around.

I had the same problem with BofA. I had to say it was fraud so it would freeze my account and could not be reopened. That is the only way to go with them. They will then open a new checking account not linked to the old account because of fraud. You will have to change your direct deposit because that account will be frozen and nothing can go in or out. But that is the only way to go with them.

Thankfully I find out last night, that my direct deposit is staged for the new account. I called BOA tonight and got the run-around. Talk to Claims and they could not file it as fraud as the transactions where in my name. Was transferred to Customer Service, who could either stop payment or close out the account, but if anything hits the account in the next two days it will be reopened. le sigh.

Is ok and does it work to send the revocation letters via email? I don't think they will get them in time if I send them via mail.

I faxed the revocation letters. Both went to same number. It was a 954 area code which is Florida. I got into fight with one girl on phone so I called back and got the nicest girl that probably works there. She gave me the fax # for that. If I find it I will post it.

I got a letter from delbert saying that the loan is valid when I agreed to the terms and conditions when I took out the western sky loan. It says the laws of their tribe apply exclusively to this loan. I overpaid them over $1,200.00. This is their response to my ACH revocation letter. Any suggestions as to what else I should do? I was told in florida this loan is not valid.

ignore the letter.delbert is stupid,dellusional,and evil.their other two cohorts western sky,and cashcall are being taken down as we speak.delbert is their last stand.if you haven't reported delbert to the FL AG,and the DFI do so.just don't give this piece of garbage any credibility.

We got the letter as well. I have in hand letters from both the Florida AG and the Florida Office of Financial Affairs stating the lona is void and unenforceable in Florida.
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The loan is also illegal under the tribal law as well, but don't agree to submit to that. Since Delbert IS a US company they are bound by US Laws and in Florida it is a felony to try and collect on a debt they know to be illegal.

Here is the reply I sent:

To Whom It May Concern:

I am writing in response to your email dated September 16, 2013, 1:21:19 PM EDT.

As I made clear in my previous correspondence, this loan is illegal and is unenforceable. Further, I am not required to repay ANY of the amounts deposited. I inquired with the Florida Office of Financial Affairs about this loan and their response in part: “under the Florida Consumer Finance Act ("FCFA")... [b]y operation of law, these loans are unenforceable and void in this state.“

The letter continues “Florida law [forbids] any person from claiming, attempting or threatening to enforce a debt when the person knows that the debt is not legitimate or when the person attempts to assert a legal right when the person knows the right does not exist."

Although I am not subject to the laws of the Cheyenne River Sioux Tribe and will not submit to same, this loan is also illegal under the laws of the Cheyenne River Sioux Tribe (see: Law & Order Code Cheyenne River Sioux Tribe 1978 Revision, Sec. 3-4-52 Criminal Usury.)

I am offering a final time to forgo pursuit of the overpayment amounts if my account is marked “Paid in Full” and closed. Under no circumstances will there be any additional payments.

I want to remind you that I have revoked ACH authorization and any wage assignments I may have signed. This revocation applies to you, your agents, assignees, D.B.A.’s, past and future associates etc. Said revocation remains in full force.

Please respond to this letter with acknowledgment that my account has been satisfied in full. In the absence of this letter I will vigorously pursue full reimbursement of overpayments and file complaints with the Office of Financial Regulation and the Attorney General.

I just sent an email to Delbert at collections@delbertservices.com and it was returned undeliverable by postmaster@cashcall.com

Just another interesting tidbit...

When you ask a rep at Delbert if they are a collection agency they say "no we aren't". Yet their website states they are. There is definitely dirty work going on here because these loans where "sold" from CashCall to Delbert yet most where not in default like mine. And the letters from Delbert are careful not to say "sold". They use wording that is confusing on purpose.

Just remember they can only try to collect through your home state. Some people have stated on here they have not found one case where Delbert sued over a Western Sky loan. And there isn't anyway in hell they are going to sue anyone in Tribal Court. We all know about that deal already.

But how they try to get you is reporting on your credit report. For someone like myself who's credit is shot anyway from a divorce that part doesn't matter to me. But I know for other people it hurts your credit.

I am in IL and have a loan that is still current, but I lost my job two months after taking it out. Amidst all the commotion and news about Western Sky lawsuits, I decided to reach out to a consumer law attorney here in IL and he basically said the loan is not enforceable and that I don't owe anything - like everyone has stated. He gave me the same advice as others have shared...revoke ACH in writing notifying WS/CC/Delbert, and change accounts to secure my $.

Very sad. Keeping pace with the payments is painful with losing my job. I mostly worry about withholding payments because my credit rating will tank after 2 years of working hard to rebuild credit after divorce and I also worry that my references will be harassed. My Cash Call loan suddenly reports a $0 balance with no new accounts added to my credit reports yet from what I can tell. I haven't missed any payments, but decided not to sign a new ACH for Delbert. Payments are still being snatched by Cash Call (despite notice the loan is now transferred). I basically ignore all Delbert communications while I figure out what to do next. At a minimum, I figure Cash Call is digging a deeper hole by resorting to the old ACH after saying they no longer own the loan.

The lawyer I am talking with offered to do a free review of my loan agreement as well.

Can others share what has happened on their credit report since stopping payments (collections, late pays, new account listed, etc.) and to what extent your references are being contacted?

I received this email today:

"EXCLUSIVE OFFER

As you may be aware, your account is currentlypast due. We're prepared to defer your October payment and change the due dateon your loan to November 1, 2013 if you do the following by September 30, 2013.

All you have to do is pay one full paymentand return the attached PDF agreement with your signature.

Please read the attached agreement for fulldetails. Please contact Delbert Services at 877-983-3523 with any questions.Don't let this opportunity pass you by.

This communication is an attempt to collect a debt and any informationobtained will be used for that purpose. As required by law, you are herebynotified that a negative credit report reflecting on your credit record may besubmitted to a credit reporting agency if you fail to fulfill the terms of yourcredit obligations."

My Reply:

Hello Brandon,

Under no circumstances will I ever be making another payment.

In fact, I intend to pursue this matter via legal means, first filing complaints with the Attorney General and the Florida Office of Financial Regulation and then seeking any other legal remedies available in this matter.

You should also be aware that I sent an email today that was returned via Cash Call, and I am aware that Cash Call aka Western Sky is currently facing suit in a number of states, and that I will pursue both Delbert and Cash Call/Western Sky if necessary. Your claim that Delbert is a separate entity will not hold up in court although as a company with an address and doing business in the United States you are subject to US and State laws regardless of Western Sky's claim to tribal immunity.

As I stated in my letter, I am willing to forgo pursuit of any overpayment and/or other legal remedies if you will simply mark my account paid in full and close it.

My revocation of ACH and any wage assignment remains in full force, and further, I request the you cease any and all attempts to contact me via telephone.

I have sent the following via email and certified mail:

I believe that is right...they have to fight you through the state, and in most cases they were never licensed in the majority of states anyway. Can you share what you actually told the agency that led them to send you a letter? Did you have to send them information/loan details, etc?

I just talked to a representative from the Florida Office of Financial Regulation, i will be getting a letter soon and was told that Western Sky loan is not enforceable in Florida. I told him I was getting calls from delbert after I sent them a letter revoking ACH, he said that once I receive the letter to forward to Delbert and if they respond with their usual stuff about tribal laws to then file a complaint against delbert with the State of Florida. He says no one that he is aware has been sued by western sky about these loans. I imagine they would have to sue me in Florida?

I actually filed a complaint with the Florida Office of Financial Regulation. I sent them contracts showing the interest rate and terms and conditions on this loan along a written summary. he said the debt is not enforceable in florida.

Where should I send a c&d letter? Does anyone have an email for both of these companies?

Yes, I had a loan with WS, immediately transferred to Cash Call who serviced for the last 10 months. I did not receive any notification, however, my last automatic payment was debited from Delbert. When I called they said the account was transferred to them.

These are all unenforceable loans. You owe nothing but the principal and that is for moral reasons. Delbert is another scam artist company run by the same pieces of crap responsible for WS and CC.

I can't find a current email for cash call! This is so weird!!!

I just received a letter from the Florida Office of Financial Regulation that outlines the illegality of western sky in Florida. It states that the loan is not enforceable in Florida and it is not legal. They say they will take action depending on the number of complaints they get. Delbert keeps calling me after I sent them an ACH revocation letter two weeks ago. Should I send delbert a copy of the state's response along with a C&D letter?

I just received an email informing the loan has been sold to Delbert services. I went through all my bank records and no, I'm not in default. Every payment was made on time including the last one from the beginning of September. In addition, I received a reminder from cash call that on 1 October my payment would be debited from my account. Anyone know why they would sell a loan in good standing to a debt collector? By the way: Western sky, cash call, and Delbert services are related companies.

If you are a disabled veteran receiving compensation your money is safe and so is the account it is direct deposited into. The same applies for civil service retirement, SSN, SSDI, SDI, welfare, etc. These pensions are protected under U.S. Code from garnishment as well as the accounts they are attached to. I just filed my complaint online with The Florida Office of Financial Regulation. I became suspicious after getting a buttload of calls last week from CC (the caller ID was Costco). Every time I answered, I got the same request. At least ten calls in 4 hours requesting I log onto my account and digitally sign a new authorization for automatic payment from my bank. They even sent me an email with the form in PDF and asked that I fax it as soon as possible. Glad i did neither. i realized something was up after the second call. it seemed they did not know they already called me. I know the state of Massachusetts has filed a cease and desist against them and numerous states are suing them as well. I wonder if they are just shuffling around these accounts to try and stave off a shutdown or seizure of there assets by one of these state regulatory agencies. I'm not paying them another penny, I own my home outright here in Florida and that is protected as well under our homestead exemption laws. I don't need another car or have the need to borrow money now that my service connected disability is 100%. So I say screw them. Yes I borrowed $2600 from them 18 months ago when I was desperate and needed the cash. Since then I have paid them $5300.28. I think they have made enough money and have no shame in saying so.

I just called my credit union's 24 hour service center and the customer service officer put a hold on this month's ACH. He told me to go to my branch when they open at 8:00 this morning to have it formally terminated. Should I atually send a letter each to CC, WS, and Delbert?

Can anyone tell me if I should ignore calls from lasalle recovery bureau? I think cashcall must have them trying to collect or settle on my loan from them. Cashcall and delbert were sent c&d with ach revoke and wage assign.

Unregistered in Florida -- can you register and PM me - I want to ask a couple of questions regarding Delbert but don't want to get you confused with other unregistered posts.

Unregistered - can you register with forum? It is easier for us to address your questions if you are registered because we don't confuse your posts with other unregistered posts. Did you actually speak with LaSalle to confirm it was regarding your CC loan? Is it a loan originated through Western Sky or directly through CC? That's a very important.

this is me now.

I went to my credit union in person, unfortunately their entire system went off line but the good news is all automatic debits are down too, so as soon as the system is up they are going to permanently stop all ACH transaction from all three entities, in fact i signed a consumer protection statement which requires any new attempts to debit my account to be verified by me in person.

I have tried to register with this form for over 3 weeks and it is impossible. It keeps saying the e mail address already exists and when I click on the "e mail me a new password" I do not receive anything??

Close you accounts and reopen with a new number. CashCall attempted to take out 2,600.00 from my account, then Delbert tried it as well. Fortunately, my credit union blocked them and alerted me. So they are passing along your routing and account numbers, which is illegal in all 50 states. So, over the phone I was able to close the account and open a new one. I just have to go there to have the info on my debit card magnetic stripe re-written. Then call the VA and give them my new account number for my direct deposit.

That is ridiculous!! Those guys are SCUMBAGS!!! My payment was due on the 1st, but I have not heard another word out of WS, CC or Delbert since sending them the letter revoking ACH, etc. and requesting a refund. I'm not holding my breath for the $3681.16 they owe me!! I wonder what they'll try next??

Well, I did not give them three days notice, so they tried to beat me out of my money. I took out 2400 myself as well as paid my utilities, phone and internet early (just in case). But with the new account, they are SOL.

What can Texans do about this loan? I tried to be honest with my bank (Chase) and tell them what happened, but they said they can't close an account because of payday loans. I said I have an email stating it was sold to Dilbert, but Cash Call is still taking out loans isn't that fraud? He said yes and transferred me to their dispute department. They said they can't dispute it because they don't know the terms of the loan. Help! We've already paid the principle plus more.

Register with the forums and private message me. I'm from Texas. What they are telling you is garbage. You will automatically be a member of my class action lawsuit. You probably need to go ahead and close your account because Delbert/CC are getting desperate and could hit your account for the entire amount. Remind Chase that they have already been notified of the illegal nature of these loans and show them this letter -- http://www.dfs.ny.gov/about/press2013/pr130806-link1.pdf

Go to this link and submit your information to be a member of the Texas class -- http://www.baillonthome.com/cases/westernsky

Also - read up on Reg E -- take a copy into the branch if you have to. You have the right to revoke any ACH for any reason -- they do not dictate your account. http://www.debtconsolidationcare.com/paydayloan/federalregulationsconcerning-achrevocation.html

Go back to the bank and ask to speak with a manager. Tell the manager you have revoked ACH rights with the lender and the banks continued honoring of the ACH is a violation of FDIC reg E. If the manager questions you tell her you will take it to corporate.

Even if you revoke the ACH, they still have the routing and account numbers. I don't know what any of you know about ACH, but basically anyone can open a merchant account with a federal tax id number. Then if they get your bank info: account and routing number, they can just start pulling out money. This type of activity is the most common type of bank fraud on earth.

You usually have to opt out to be removed as a plaintiff in a class action. Class Action suits are good sometimes, especially if the type of suit does not allow for contingency fees. But there are hundreds of attorneys across the nation willing to take these people on without billing you unless they win. Remember, in most class action suits, the plaintiffs usually receive little money and the attorneys walk away with stuffed pockets. I recommend all of you find your own attorney and file individually. If you are in Florida and it's under 5K, just pay the 150 dollar filing fee and sue them in small claims court. You'll have to sevre them, but a process server only costs about 35 to 50 bucks, You just find one in the city where the defendant is, and mail the summons to the process server. Chances are, they will not respond and you will win by default. These companies have realized they are in trouble not only with the twenty or so states who have taken action, but the FTC is investigating them, there are dozens of law suits pending and they are starting to have financial difficulties. If they were to be hit with let's say a hundred individual law suits around the country, they could not afford to defend themselves.

Sub #181....that is so strange! I have/had Chase accounts and IT WAS ALWAYS SO EASY TO CLOSE THE ACCOUNTS. In fact I didn't even have to go in. I just called their 800 customer service # and stated I wanted to close my account. I didn't go into detail, just said I have no checks out, which i didn't and I wanted to close. AS LONG YOU DON'T HAVE ANYTHING PENDING AND A POSITIVE BALANCE....THEY WILL DO SO, NO QUESTIONS ASKED. I wonder, did you have anything pending, because it honestly doesn't make sense that they told you that. I've done this as recently as a 2 months ago.

Does anyone have a letter or email from Delbert Services threatening to sue or even mentioning a possible lawsuit??? If you do, I would love to hear from you and have a copy of it.