Western Sky Cash Call NJ
Date: Mon, 09/03/2012 - 16:20
Submitted by ballplayersmom
on
Mon, 09/03/2012 - 16:20
Total Replies: 7
You'll want to reach Elissa Chavez, the head of dispute resoluti
You'll want to reach Elissa Chavez, the head of dispute resolution.
Elissa Chavez
I'm also dealing with CashCall regarding a loan originated by We
I'm also dealing with CashCall regarding a loan originated by Western Sky. I sent the ACH Revocation letter via email with BOTH companies listed on the correspondence. Here are the mailing and email addresses both companies:
Western Sky Financial, LLC
Attn: Account Services
PO Box 370
Timber Lake, SD 57656
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[SIZE=3]email: [EMAIL="info@westernsky.com"]info@westernsky.com[/EMAIL][/SIZE]
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CashCall, Inc.
Attn: Loan Servicing
PO Box 66007
Anaheim, CA 92816
email: [EMAIL="complaints@cashcall.com"]complaints@cashcall.com[/EMAIL]
NJ Followup
Ok this is what I received from Cash Call in regards to my complaint. How do I answer this? My guestion is how they keep saying installment lender, etc??? Now how do I proceed???
Please be advised that CashCall does not make unsecured or payday loans in New Jersey. Further, your loan is not a payday or deferred deposit loan, as you referenced in your correspondence. Rather, your loan is an unsecured installment loan that you obtained from a company called Western Sky Financial (???Western Sky???) that is currently being serviced by CashCall.
With regard to your loan, CashCall did not originate, underwrite or fund your loan. On March 5, 2011, you contacted Western Sky Financial to apply for an unsecured personal loan. Your loan was funded by Western Sky Financial on March 7, 2012, in the amount of $500.00, which is the loan amount of $850.00 minus the $350.00 Prepaid Finance Charge/Origination Fee.
As background, 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. As such, all questions regarding the origination and funding of your loan should be directed to Western Sky, at: P.O. Box 370, Timber Lake, South Dakota, 57656.
Upon review of the file sent to CashCall by Western Sky, the loan documents clearly indicate that 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 Consumer Loan Agreement (???Note???).
Borrowers are instructed to read the Note in its entirety. Once they have done so, they are required to electronically sign or initial the Note in two different locations. The second of the signatures represents the borrower???s confirmation that he/she has read and understands the terms and conditions of the Note. According to our records, you signed the Note on March 6, 2012 via electronic signature, indicating that you did indeed understand the terms and conditions of the Note. This Note, in its original format, is an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations.
The Truth in Lending Act Disclosure Statement at the top of page one clearly displays the Annual Percentage rate (???APR???) as 332.12 %% and Total Finance Charge of $1,408.35. The APR was disclosed in accordance with the requirements of the Truth in Lending Act. Notwithstanding these disclosures, borrowers are free to pay their loan in part or in full at anytime without penalty. You were also sent a settlement statement on March 7, 2012, via electronic mail to the address you supplied, confirming the terms and conditions of the Note.
On March 10, 2012, per the Notice of Assignment, Sale or Transfer of Servicing Rights e-mail sent to the address provided by you, your loan was sold to WS Funding, LLC (???WS???), and is currently being serviced by CashCall. Under long-standing principles of assignor-assignee rights, CashCall is permitted to stand in the shoes of the maker of the loan and enforce the terms of that loan pursuant to the choice-of-law provisions contained in the agreement.
As such, we believe that the terms of the loan were clearly and accurately disclosed to you prior to funding, and the interest rate charged is legally permissible. According to our records, you have made only five (5) of your scheduled 13 payments to this loan. The last payment was received August 1, 2012. The payoff amount on this loan as of the date of this letter is $807.50; the remaining principal balance is $697.20. Please note that these figures do not include any payments that may be pending to the account.
Notwithstanding the aforementioned, in light of your excellent repayment history and in an effort to resolve this matter, CashCall is willing to either i) reduce your current interest rate to 47%, which will in turn significantly reduce your monthly payment amount for the remaining 8 months of your loan term; or, ii) settle your account for a one lump sum payment of $650.00, to be paid in guaranteed funds, on or before September 14, 2012. Please contact me at (714) 221-3300, no later than September 10, 2012 if you would like to accept either offer.
In summary, this loan is valid and enforceable, and we have confirmed that your account balance is accurate and that we are reporting all credit information correctly for this loan. If you have any questions, please contact me at 714-221-3300.
Sincerely,
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Elissa Chavez
Director of Fraud Prevention/Dispute Resolution
Don't back down! I received the standard reply in the mail from
Don't back down! I received the standard reply in the mail from a customer service manager at CashCall along with the loan documents, which I already had! Here is what i included in my response to CashCall... you'll need to change the highlighted text to conform with your state and its agencies... I also copied Western Sky in my response:
[INDENT]Western Sky Financial LLC, a company that provides installment loans to consumers via the internet, is not licensed by the State of Nebraska Department of Banking and Finance. The company is not registered to do business in Nebraska by either the Department of Revenue or the Nebraska Secretary of State. Nebraska State law requires all installment loan companies making installment loans to Nebraska residents to be licensed by NDBF.
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Furthermore, Western Sky Financial is not licensed to provide consumer loans written with more than the maximum interest rate allowed within the US territory. These high interest loans are illegal, and as such, the loans are immediately transferred to CashCall, Inc., hiding under the umbrella of "servicing" the loan.
Western Sky Financial, licensed in South Dakota as a domestic LLC, operating within the exterior boundaries of the Cheyenne River Sioux Reservation, is owned wholly by an "individual Tribal Member" of the Cheyenne River Sioux Tribe and is not owned or operated by the Cheyenne River Sioux Tribe or any of its political subdivisions. Therefore, the laws of sovereign immunity do not apply to Western Sky Financial, nor does the tribal court have jurisdiction over claims against individuals who do not belong to the Cheyenne River Sioux Tribe and who do not reside on the reservation or elsewhere in South Dakota. In the actions filed by the Federal Trade Commission against Western Sky for its unfair and deceptive lending practices, the Cheyenne River Sioux Tribe is not named among the defendants because the Tribe does not own or operate Western Sky Financial.
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If you are dealing with Cash Call, Inc. on a Western Sky issued
If you are dealing with Cash Call, Inc. on a Western Sky issued loan please look up the following.....State of West Virginia v. Cashcall, Inc. I think this sums it up. I'm dealing with the same thing. Hopefully this helps give you some insight on how to respond to their "tribal" response. I really don't think they can argue with this since their employees were deposed, etc. (Elissa Chavez).
