WSky / CashCall
Date: Mon, 04/16/2012 - 15:41
Sent them the "illegal" notice and told them I'd pay the principal that was disbursed to my bank -- $1000.
They respond with (WE'VE ALL SEEN THIS BEFORE!):
"This letter is being sent in response to your inquiry of April 13, 2012 in regards to the interest rate charged in conjunction with your loan.
Your loan was funded by Western Sky Financial ("Western Sky") on February 28, 2012, in the amount of $1,000.00, which is the loan amount of $1,500.00 minus the $500.00 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 March 02, 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."
I'd have no problem telling them to shove it, and they can take or leave my $1000 i'm offering right now, except they are reporting to 2 of the credit bureaus. If I miss a payment or just ignore them altogether, my score will take a big hit. I've never had to dispute anything with the credit services, so I'm not sure sending them a letter stating the CashCall loan is illegal would even work.
What do I do here? I can't have anything bad on my credit!
Has ANYONE had any success with CashCall/WesternSky?
Western Sky
The complaint seems to be against illegal wage garnishments and unfair collection pratices and not the legality if the loan itself. I don't think anyone can get out of a loan with them unless someone can prove that they are not tribal. Yes I think they are illegal and they suck but I have not heard of anyone that has been able to get their loan dis-missed, but would love to hear from anyone that did. I am no lawyer so I may be missing something. There are a couple of very knowledgeable people on this board so maybe they can be more helpful.
If you look at page 17 and 18 it talks about their behavior cons
If you look at page 17 and 18 it talks about their behavior constituting "deceptive credit practices."
Western Sky/CashCall use WS Funding, LLC
I have a loan from Western Sky. Days after the loan was made, I received an email stating that it had been sold to WS (Western Sky?) Funding, LLC and will be "serviced" by CashCall.
I have had difficulty with payments recently. Loan agents, particularly a supervisor, was extremely rude, condiscending, and even suggested to obatin "a check advance loan." I couldn't believe my ears.
Question: Who really owns the loan? I noticed that in all complaints that I've read, including the one filed on March 1, 2012, that no where was WS Funding, LLC mentioned. Is this a new deceptive gimmick they are using to dodge complaints and start again, or for other motive(s)?
Should I presume WS Funding, LLC is also a Sioux Tribe and not subject to Federal control? Since CashCall is presumed to only service the loan, can they not be held liable or in contempt of Federal Fair Collection Practices?
Is Bankrupcy possible here?
Anyone with knowledge please advise and thank you.
