Cash Call Western Sky
Date: Wed, 10/24/2012 - 08:43
Thanks,
Jenn
This letter is being sent in response to your inquiry of October 24, 2012 in regards to the interest rate charged in conjunction with your loan.
Your loan was funded by Western Sky Financial ("Western Sky") on May 07, 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 May 10, 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; 6 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 us if we can be of further assistance.
What state do you reside in? Western Sky is an illegal tribal l
What state do you reside in? Western Sky is an illegal tribal lender that tries to use affilation with a tribe to skirt consumer protection and usury laws in the US. Western Sky / WS LLC is owned by Martin A Webb. He is a member of the tribe but the tribe itself does not wholly own Western Sky. The agreement is non-enforcable and depending on which state you reside in there already may be legal precedent for you to respond back to them with.
Here is how you respond: Dear CashCall, The originator of the
Here is how you respond:
Dear CashCall,
The originator of the loan, Western Sky Financial, is an illegal tribal lender. Under Federal law, the loan contract is null and void. The only way you can enforce any of this malarkey is if you shanghai me to your above mentioned tribal reservation. In short, you are not going to get a cent out of me, at least legally. Have a nice day and skip those loan modification offers and send me a PIF letter.
Regards,
(Your Name)
These idiots are going to keep at it and you will just have to ignore them. Keep an eye on your credit report because CashCall attempts to report. If such a thing happens, dispute it with the credit bureau in writing.
That's the normal first response letter everyone receives. If yo
That's the normal first response letter everyone receives. If you haven't already, file a complaint with your state AG, the FTC, the CFPB, and most importantly with the South Dakota AG's office (you can do this online). Western Sky is a South Dakota chartered LLC and SD is the only stated where they are actually licensed to do business.....however, they don't offer loans in SD or on their reservation....wonder why? Duh, it would be usurious....lol.
Anyway, this seems to get Western Sky's attention because South Dakota's AG will actually investigate and request a response from WS. The response while most likely contradict everything that Cash Call is telling you in regards to who actually owns the debt, who it is assigned to, etc.
In a couple of weeks, you will start receiving Modification Agreements from CC trying to "help" you get back on track. DO NOT SIGN THIS.....write across it in big bold letters REJECTED - I DO NOT HAVE AN ACCONT WITH CC. Once you start receiving this info and confirm they are reporting on your credit report, file a complaint against Cash Call with the FTC and the California AG's office (CC's home state). They have had several actions against them from their own AG.....stating that they are trying to collect on a debt they have no legal right to collect on. Also, dispute with the credit reporting agencies and include copies of the complaints against CC stating they are trying to illegally collect on a non valid debt.
Keep fighting on this matter. The more people that put pressure on Western Sky in their home state, the better. Wouldn't it be ashame if they actually lost their only legal charter. You can pull a copy of their organization documents online from South Dakota -- they actually state they are governed by the laws of South Dakota.....interesting, huh?
I'm in the same boat and just keep fighting, fighting, fighting - only thing I have left is to get them off my credit report and I have enough contradicting evidence that if the credit reporting agencies don't honor my disputes and remove it, I will be filing a lawsuit against them for failing to do their job.
Just my two cents.....don't give up
