Cashcall: They responded quick..
Date: Fri, 05/03/2013 - 14:40
Dear Sir or Madam at Cashcall;
It has come to my attention that payday lenders must be licensed by the state of ILLINOIS in order to offer loans to its residents. Since your company has no license in my state, the loan contract I have with you is not valid. Based upon my account history I have already paid back the principal loan to your company and now consider this the end of my loan agreement with your company seeing as it is null and void. My original loan was in the amount of $2600.00 and to date I have made 14 payments each in the amount of $294.46 totalling $4336.69. Therefore based upon your non-licensure in the state of Illinois I am owed a difference of $1736.69.
At this time I am requesting a return email acknowledging that my loan has been paid in full. Also, I would like a refund of the $1736.69 overpayment. A refund check of $1736.69 should be mailed to me at the address you have on file.
I am also revoking authorization for ACH withdrawals and any wage assignment I may have signed. I have given a copy of these revocations to both my bank and my employer. Any future attempts to collect funds in this manner will be blocked.
Please respond to this email with acknowledgment that my account has been satisfied in full. Details of when I can expect the refund check, as discussed above, should also be included in the email.
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The response I received was this:
Dear Borrower,
Thank you for responding to my e-mail. However, I can not help you unless I speak with you directly. CashCall has many options available to help you repay your loan as well as protect your credit.
My direct phone number is 714-722-6967. You may also reach me at 1-866-899-1844, extension 6967. I look forward to hearing from you.
Sincerely,
Anna Gutierrez
This communication is an attempt to collect a debt and any information obtained will be used for this purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
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I know I made a cardinal mistake by calling, but I did and basically just read the content of my email to the rep I spoke with. She got very mouthy and rude and claimed if I knew all that, why did I bother taking the loan to begin with? I stated that I would not answer her questions, but only wanted email communication from this point forward. We basically went back and forth saying the same thing to each other for a good 8 minutes or so before the conversation ended.
So my question is, what happens now? I have already closed my bank account and they (cashcall) already accepted the ACH revocation request. Do they pass this to a collection agency now? What's my next step?
Did you borrow from Cash Call
Did you borrow from Cash Call or Western Sky? Western Sky is the tribal lender. and I sent them a similar letter in Oct, In April they sent to collection Delbert Services when I faxed the C&D letter to them at Delbert the confirmation came back verifying that Cash Call had received my fax.. Haven't heard any thing from them since.
Originally
I borrowed from Western Sky. They in turn sold it or whatever to cashcall within a few days.
Same thing, just wanted to
Same thing, just wanted to make sure - I didn't see any reference to Western Sky in your letter. It will be a while.. they mail you lots of things, just don't sign and send anything back, remember we are here to help answer questions based on our own experience. I would resend her your original letter spelling out one last time that you are revoking ACH authorization and cancelling wage assignment and that all communication will be done via email or us mail only in writing for the communication part. That they are not allowed to call you, your work or your references. Then it is time to wait..
Thanks AZ. I am so thankful
Thanks AZ. I am so thankful for your posts on here; they have really helped me get this stuff straightened out.
i really wish i had looked into all of this way earlier so i could have not only saved a lot of money paying on interest, but so i could have piece of mind. but unfortunately i waited until everything crashed down before i tried to fix it this way. UGH!
at the least, ive gotten two loans squared away, so i guess thats a plus.
Don't think you are alone in
Don't think you are alone in this we all sought out loans in our own desperation to get things back on track - unfortunately one loan lead to another.. Then when all looked like there was no further solution we all somehow found this site.. Glad we are all here to help.
ohboy - make sure you do not
ohboy - make sure you do not sign anything with Cash Call. For the next several months they will send you modification agreements and offers to bring your account current, etc. If you sign this, you are stating that you owe the debt directly to cash call, which is what they want you to do so they can take action to collect. My suggestion is make a copy of everything they send and take a black marker and write "Rejected - no account with Cash Call" across all of the pages and mail back to them. Eventually they will turn it over to their other company Delbert Services to try to collect. Same with them - remember they are all owned by Paul Reddam the owner of Cash Call and the devil himself.....lol.
I just filed all they sent me
I just filed all they sent me, didn't respond to a thing they sent..The big thing is to not sign anything and return to them!!
this is what i just recieved from them today..
Dear XXX,
We are in receipt of your inquiry of May 03, 2013 regarding the above-referenced loan. We have
investigated your concerns and have confirmed that all credit information for this debt has been
reported accurately. In summary, the debt is valid. Enclosed herein is a detailed payment history
for your records.
With regard to your loan, according to our records, your loan was funded by Western Sky Financial
("Western Sky") on January 13, 2012, in the amount of $2,525.00, which is the loan amount of
$2,600.00 minus the $75.00 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.
At no time did you ever indicate that you did not understand the terms of the contract, the jurisdiction
of the note, interest rate charged or total finance charge on the loan. Moreover, had you relayed an
adverse financial situation to Western Sky customer service, you would have been offered a very
favorable resolution despite its lawful rights to enforce the terms of your contract.
Please be advised that on January 16, 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 CashCall, and is currently being serviced by CashCall . As of the date of this letter, the payoff
amount due on this loan is $2,854.14; the remaining principal balance is $2,539.92.
If you are unhappy with Western Sky, CashCall, or your loan in any respect, we would advise you
to pay it off now without penalty. Further, if you are truly experiencing financial difficulty or having
second thoughts regarding your Note, it is strongly suggested that you contact our Customer Service
department at 877-525-2274 and relate your situation, thereby working out a payment plan which
will attempt to address your needs. 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.
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So just another email to file away?
also everytime i send them a request to cease phone contact, i just get a form letter from Anna Guittierrez saying I have to contact her via phone. Stupid.
Also, I havent yet heard back from 500fastcash, ameriloan, plain green, or great plains. Has anyone had any good results (re: refund) from any of those?
Yes! and you will get lots
Yes! and you will get lots more via email and mail.. they do get entertaining -- let us know if you have questions at any time, we will do our best to answer. With Plain Green and Great Plains did you at least get the generic response email back saying they had received? Try logging in to those and see what happens?
I did get the generic email
I did get the generic email saying they have recieved. That's about it though. When I log in, they say I have had my account flagged so that's a step in the right direction. Both of them technically owe me a refund, though I don't know how successful I'd be at getting those. 500fastcash also owes me!
Well that all means they got
Well that all means they got your emails revoking.. Those are good signs. It has only been a few days, I would give a few days..
I'm still able to log into
I'm still able to log into 500fastcash and amerioan. So that sucks. And it seems like lending booth somehow got to my other account before I sent the ach revocation. But at least that one is now paid off...
It has only been a few days -
It has only been a few days - I would give it a few more -- Lending Booth - when did you send and when did they hit the account?
the account was closed as of
the account was closed as of 4/28, and lendingbooth hit with a payment on 5/2. looks like it went through somehow. which i guess is fine by me, since it is closed and i dont have to deal with them anymore. it was a newer loan, just opened in april and rather than a monthly payment took the lump sum. i sent them the ACH letter on 5/3.
You could dispute - the bank
You could dispute - the bank should not have allowed it to go through if the account was closed. Did you pay more than the principal? Do you have something that shows it is PIF, like a print out from their site - in case they try to take more?
im not sure i have the energy
im not sure i have the energy to dispute it, when i have so many others to contend with. but i do have a screenshot that says it is PIF. :)
That is what is important the
That is what is important the PIF - I would ask the bank how something was allowed through on the closed account.. you don't want that to continue... keep us posted.
Got this from Plain Greens...
Got this from Plain Greens... so.. is this a PIF?
Please be advised that this communication is for the purpose of collecting a debt. Any information obtained may be used to collect the debt. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Dear XXX
Your correspondence has been directed to me for review.
We are sorry you are not satisfied with your Plain Green Loan. At this time we have closed your account from further activity.
To further clarity your questions regarding the legality of this loan, Plain Green is organized under the laws of the Chippewa-Cree Tribe of the Rocky Boy’s Indian Reservation of Montana (“Chippewa-Cree”). Plain Green is owned by the Chippewa-Cree, and operates exclusively on land owned by the Chippewa-Cree. As such, Plain Green stands as an “Arm of the Tribe,” in the view of the United States state and federal courts. Therefore, loans made by an arm of a sovereign Indian nation are not subject to state law. This is NOT a payday loan.
This letter is written to help you understand that Plain Green and its loan contracts are governed exclusively by the laws of the Chippewa-Cree.
Pursuant to your request, we have removed your contact numbers from our system and we will make no further ACH debits from your account.
Thank you again for your time and consideration.
Plain Green Loans
I would consider the loan
I would consider the loan paid in full. Print and keep for future reference.