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Delbert C&D letter

Date: Sat, 02/15/2014 - 05:58
Submitted by on Sat, 02/15/2014 - 05:58
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does anyone have a C&D letter they sent to Delbert they would share. My original loan was with WS and I had followed all the steps, after 8 months I just received a letter from Delbert, I still over about $4k on the original loan from WS...stupid me!!! thanks


This is what I sent them back in May - haven't heard from them since, you'll have to edit for your own state:

Delbert Services Corporation
7125 Pollock Drive
Las Vegas, Nevada 89119

March 27, 2013
Dear Delbert Services Corporation:

I am writing in reference to Delbert Services Corporation account number XXXXXXX. I hereby demand you cease and desist ALL contact with me, and anyone associated with me, including friends, family, and coworkers regarding account number XXXXXX, original creditor Western Sky Financial.

I am in receipt of your correspondence dated March 19, 2013 regarding the above account placed with your office by WS Funding, LLC (serviced by CashCall, Inc.). (A copy is attached for your convenience.) I vehemently dispute the claim of your debt collection notice. Please note that pursuant to the Fair Debt Collection Practices Act, Section 809(b), the Arizona Finance Code, and Arizona Fair Debt Collection Practices Act, I am mailing you this dispute letter within 30 days of receiving your dunning letter. I received said letter on the 25th of March, 2013.

Your notice states that the account was placed with your office by WS Funding, LLC (serviced by CashCall, Inc.). I have never received any written notification by Western Sky Financial, LLC that the account was sold to or is owned by WS Funding, LLC. Further, I have never been contacted by WS Funding, LLC regarding this account. On information and belief, WS Funding, LLC is a “doe” entity with no record of registration. Therefore, pursuant to the guidelines set forth in the FDCPA, the Arizona Finance Code, and the Arizona Fair Debt Collection Practices Act, please provide me with evidence that WS Funding, LLC has the proper authority to place this account with your office for collection, together with contact information, including proof of organization and existence of WS Funding, LLC, the physical and mailing addresses for WS Funding, LLC, and a telephone number for WS Funding, LLC. This is a request for information pertaining to the alleged original creditor, WS Funding, LLC, not “loan servicer” CashCall, Inc.

Further, as I am sure you are quite aware, Western Sky Financial, LLC, a South Dakota chartered LLC is not a licensed lender in the state of Arizona (or in any state in the United States) as required by the Arizona Finance Code. I live in the State of Arizona where pay day loans are prohibited in my state, plus the fact that the original creditor is located on an Indian reservation. Western Sky Financial, LLC blatantly and knowingly violated multiple sections of the Arizona Finance Code when it issued the loan you referenced in your notice. Therefore; the contract is null and void and unenforceable. Thus, you are collecting on an invalid debt and I am quite sure you are aware of this. Any further communication from you to me or anyone associated with me in regards to this illegal debt will be taken as a violation of the FDCPA and I will not only report you to the FTC and my state AG, but I will take legal action against you.

Govern yourself accordingly.


Submitted by HelpinAZ on Sun, 02/16/2014 - 04:19

HelpinAZ

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