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Legality of western sky

Submitted by Breezy63 on Sat, 10/20/2012 - 10:18
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INTERESTING ARTICLE:


Legality of Western Sky Wage Garnishments Disputed by State Regulators
By [URL="http://www.kennethlong.com/"]Kenneth Long[/URL] on September 12, 2012

OK so you were dumb enough to sign up for a Western Sky Financial loan and find that you cannot afford to repay it. Big surprise right? Now that the firm has obtained a judgment against you in tribal court, they have provided your employer with a garnishment notice. Here's a case for ignoring that notice.

Sure Western Sky reserves the right to offer usurious loans. They have the right to pursue a judgment against you if you breach the loan contract. They even have the right to pursue a garnishment. All of these rights are available to them through the tribal court.

The trouble is, you are probably not a tribal member. The loan was not made on a tribal reservation. And guess what, you are likely not bound by tribal law either. Despite the claims of tribal sovereignty, regulators have ruled that Western Sky and related lenders [URL="http://debtorsunite.com/Blog/Debtors-Fight-Back/April-2012/Tribal-Payday-Lenders-Are-Not-Exempt-from-Federal-.aspx"]are not exempt from federal regulations[/URL].

That is the basis of several lawsuits [URL="http://debtorsunite.com/Blog/Debtors-Fight-Back/April-2012/Western-Sky-Financial-Sued-by-FTC-for-Illegal-Garn.aspx"]filed by the Federal Trade Commission[/URL], the State of Maryland and other states. They are protesting what have been deemed illegal loans by Western Sky Financial, Lakota Cash as well as several other high interest payday loan operations controlled by Martin Webb.

Complaints allege that the lenders have illegally sent garnishment orders to employers that mimic those sent from the federal government. Garnishment of wages for private debts is not permissible until a court order has been obtained.

If your employer has received a garnishment order for one of these loans, it may be worth contacting the attorney general for your state. Find out if the garnishment order is legitimate. You may actually have more protections from the lender than you might think.

Finally, do yourself a favor and never agree to such a stupid loan product ever again. Maybe you were desperate. Perhaps you were lured in by the [URL="http://debtorsunite.com/forums.aspx?forumid=10&threadid=275"]cute Western Sky spokesperson[/URL]. Whatever the case, you cannot afford to throw your money away on such a dumb product. Stick with your credit union for loan needs and make sure that you stay employed. A loan is no substitute for income.


If you are dealing with Cash Call on the legality of loans issued by Western Sky, please read this. A victim in Florida sued Cash Call and they attempted to do their normal bullying to have the case removed to federal district court so they could use the whole tirbal immunity to have the case dismissed. It looked like CC was going to get their way when the court ordered the victim to abide by the arbitration clause in the loan documents. So, he contacted the Cheyenne River Sioux Tribal Court to schedule arbitration. And he received a letter back from the CRST Magistrate that they don't arbitrate these matters. So, it would seem that the defense CashCall uses to have ALL lawsuits harassed victims file against them regarding these illegal loans dismissed by claiming that everyone is bound to the "arbitration agreement" set forth in the loan documents is unenforceable. This is a huge development! He was able to get the court to reopen his case. Can't wait to see how that plays out!


Submitted by momofthree27 on Mon, 04/15/2013 - 13:44

momofthree27

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I found out after the fact of taking out a 5,000 loan they crazy interest they where charging me. for over a year I paid $500 a month and go no where.. i tried on consolidation and they couldnt settle than I tried 123settlement they were able to stop the collection calls and set up a small payment


Submitted by on Thu, 04/18/2013 - 07:24

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If you borrowed from Western Sky and you paid over $500 a month for 12 months - you paid back $6000 on a $5000 loan - they owed you a refund of $1000. So why would you have paid them any thing else?


Submitted by HelpinAZ on Thu, 04/18/2013 - 16:32

HelpinAZ

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My loan from Western Sky was immediately sold to Cash Call with an Anaheim, CA address. Based on my research, I think they are still claiming to be tribal? They are not licensed here in Oregon.
I had to renegotiate with them in March when I couldn't make a payment. The state of Oregon has issued a cease and desist order again Western Sky, however since I have had dealings with Cash Call directly since the original loan would this apply to me? I owe $209 on the principal, which I am willing to pay.
I have already closed my bank account.
I would appreciate any input/advice.


Submitted by halayku on Tue, 05/07/2013 - 20:01

halayku

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If your loan was originally from Western Sky then you should send them a letter revoking ACH and notifying them of the ban in your state, etc. Since you probably signed a remodification agreement with Cash Call, they will probably try to say that it doesn't apply, blah, blah. It will be interesting to see how they reply - whether they claim to have immunity to state laws or what they will use. Keep us posted. With more and more states declaring their loans illegal and more and more people revoking access to their bank accounts, Cash Call (who is the real puppet master behind these Western Sky loans) has got to be feeling the pinch....


Submitted by momofthree27 on Wed, 05/08/2013 - 05:52

momofthree27

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So I took out a loan with western sky. Did my homework afterwards. I found out how much I would pay back. Was wondering if it is legal in Ohio? Of course loan was turned over to cash call... I sent a letter of debt validation to them on 5-10-13 I got the loan of 2600 on 4-16-13. I sent it certified mail. Why can I do I'm stuck and scared...


Submitted by on Sun, 05/12/2013 - 08:01

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@Bryan - Online lenders must be licensed in Ohio. - You can check here Ohio Division of Financial Institutions to see if they are if you want to confirm.. But, Western Sky is a tribal lender not licensed in Ohio to lend.. Cash Call is only servicing the loan. You are only morally obligated to repay principal balance only on your own terms. You will want to follow this link on how to deal with - step by step - all are important.. http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html - Cash call will try to drag out and we will be here to help. important to stay off phone with them.


Submitted by HelpinAZ on Sun, 05/12/2013 - 13:20

HelpinAZ

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So, as you suggested, I sent an email to both Western Sky/Cash Call. I also sent the same email to North Cash, a second lender that I have paid $1295 on a $300 loan. No response from North Cash. My scanner is not cooperating tonight, so I have typed up the letter I received from Cash Call. Surprisingly, they have not called my phone as of yet. I apologize in advance for the length, but would welcome the opinions of those that have much more knowledge than I do in dealing with them.

I am willing to pay the remaining $209 principal balance to them, although I was advised that I was not obligated to do so under Oregon law. The letter I sent was copied from this board, stating that they are not licensed in the state of Oregon and therefore the loan was not legal.

This letter is being sent in response to your inquiry of May 14th, 2013 in regards to the interest rate charged in conjunction with your loan.

Your loan was funded by Western Sky Financial ("Western Sky") on June 27, 2012, in the amount of $2525.00, which is the loan amount of $2600.00 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 id 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 you loan Note for your records.

Please also be advised that on June 30,2012, PER NOTICE OF ASSIGNMENT, SALE OR TRANSFER RIGHTS email sent to the email you provided, your loan was sold to WS Funding, LLC, and is currently being serviced by CashCall. If you have any questions regarding your current loan, current balance, or payoff amount, you may call our Customer Service Department at 1-877-525-2274. Our hours of operation are 6am to 8pm Pacific time Monday through Friday:6am to 12pm 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 this has answered your questions. Please do not hesitate to contact us if we can be of any further assistance.

Sincerely,
Customer Service
CashCall, Inc.
(877)525-2274


Submitted by halayku on Mon, 05/20/2013 - 20:14

halayku

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The notice that you referenced was actually what sent me down this path...
The ODCF was who advised me to close my bank account immediately.
Do you recommend that I email it to them or go the certified mail route?
I fully intend to fight this to the end, but any suggestions that will lead to an easier or shorter fight are most welcomed!
Thanks for your response!


Submitted by halayku on Tue, 05/21/2013 - 22:15

halayku

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This is the normal response everyone receives from them once they revoke ACH. What I would do is reply back to them including copies of this "oregonlive(dot)com/finance/index(dot)ssf/2013/04/oregon_fines_native_american_o(dot)html"

Make sure contact the Oregon Department of Consumer Finance ASAP -- they may be able to provide you with a letter or some documentation of some sort to send to Cash Call as well as to fight the credit reporting agencies in allowing this item to report on your credit report. Your state has shut them down and they know that -- make sure that you make it clear that YOU know it as well. Take a hard stance with these people and do not let them scare you with their crap.


Submitted by momofthree27 on Tue, 05/21/2013 - 10:32

momofthree27

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I have some information that I hope helps everyone. I took out a western sky loan in 4/2012 (the usual $2525). I made all payments until January 2013 and made sure all principal was paid back. HERE IS THE ISSUE. I actually read the loan documents right away and the document states you can opt out of arbitration. On this loan and all tribal lenders you have to opt out within 30 days of the original loan. I did, revoked ACH and all they try to do is settle with me. Also I live in Florida and unluckily for Cash Call they are licensed in Florida so they are under the authority of the FLOFR. I submitted a complaint and the office is pursuing a claim. BUT I never signed anything with Cash Call. Unfortunately I think some people do everything they can and sign stuff cashcall sends them. I never signed anything and made sure to optout of arbitration, ach revocation, c&D to any and all current or future employers, friends, family. I allowed them to call me on 1 number so I can track them.


Submitted by on Sun, 07/21/2013 - 07:00

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Today recieved an email informing me my WS/CC account would now be serviced by Delbert Services. Account is current so wonder why it has been turned over to WS/CC "Collection Arm?"


Submitted by burgerburner on Tue, 08/13/2013 - 14:11

burgerburner

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Send Delbert a cease and desist letter telling them never to contact you or anyone associated with you in regards to this debt.


Submitted by SOAPLADY on Tue, 08/13/2013 - 16:43

SOAPLADY

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@burgerburner - what state are you in? I would also revoke Western Sky / Cash Call's ACH authorization and cancel any wage assignments you may have signed in writing? You say the account is current with them, I would stop paying now.. how much originally borrowed and how much repaid to date? And send the C&D to Delbert once you have received a letter from them in the mail, I sent CMRRR and via FAX both. Don't be surprised when you see that the number you fax to Delbert is actually for Cash Call though..


Submitted by HelpinAZ on Tue, 08/13/2013 - 19:09

HelpinAZ

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Knowing what state you are in is important.....there are a few states that have banned CashCall from operating so this may be their go around. Get us that information ASAP so we can help you figure this one out.


Submitted by momofthree27 on Thu, 08/15/2013 - 08:30

momofthree27

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So, I just received an email just now telling me that my CURRENT/NON DEFAULTED account has now been sold to Delbert Services. What's the deal with that. I live in Louisiana.

Below, is a copy of the email.....

**************************


Re: Delbert Account No. XXXXXX

NOTICE OF TRANSFER OF THE SERVICING OF YOUR LOAN

As you know, you obtained a personal loan from Western Sky Financial. The purpose of this e mail is to notify you that your loan has been sold, and the purchaser has assigned the servicing of your loan to a company called Delbert Services Corporation ("Delbert Services") effective as of the date of this notice.

The "servicing" of your loan means processing your payments, responding to your questions, and otherwise handling other matters relating to your loan. We wish to assure you that the terms and conditions of your loan as set forth in your Promissory Note and Disclosure Statement will not change in any way, except that your payments will now be made to Delbert Services.

Delbert Services is committed to courteous and responsive service, accurate and timely handling of your payments and simple and direct answers to your questions. For prompt response to all of your inquiries, please remember to reference your account number XXXXXX.

To ask about this notice or general up-to-the-minute account information, please call 888-983-3523. Our hours of operation are 5 a.m. to 6 p.m. Pacific Time Monday through Friday; 5 a.m. to 12 p.m. Pacific Time Saturday. Or write to us at:

To Make a Payment or For General Customer Service Inquiries:

Delbert Services Corporation
P.O. Box 4730
Anaheim, CA 92803
Customer.Service@delbertservices.com

Toll-free 888-983-3523
Hours of operations
Monday - Friday 5:00 AM - 6:00 PM
Saturday 5:00 AM - 12:00 PM
Pacific time-zone

NOTICE: CALIFORNIA, COLORADO, MINNESOTA, MAINE, NORTH CAROLINA, TENNESSEE, UTAH AND WISCONSIN RESIDENTS PLEASE SEE BELOW FOR IMPORTANT INFORMATION

CALIFORNIA:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. Nonprofit credit counseling services may be available in the area.


COLORADO:
FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE www.coloradoattorneygeneral.gov/ca. You can contact Delbert Services at 13111 East Briarwood Ave. Suite 340, Centennial, CO 80012. The telephone number is 303-768-0200. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt.


MINNESOTA RESIDENTS:
This collection agency is licensed by the Minnesota Department of Commerce.

MAINE RESIDENTS:
Maine residents may contact our office by telephone at 888-400-7750 between the hours of 5:00 am to 5:00 pm PST

NORTH CAROLINA:
North Carolina Permit Number: 103660

TENNESSEE:
This collection agency is licensed by the Collection Service Board of the Department of Commerce and insurance

UTAH:
As required by Utah 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.

WISCONSIN:
This collection agency is licensed by the Division of Banking, P.O. Box 7876, Madison, Wisconsin 53707


Submitted by JujuNola on Thu, 08/15/2013 - 13:05

JujuNola

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Also, since it was "sold" to Delbert, does this mean I can have Cash Call deleted from my credit report, even though there's nothing negative there?

Does this mean Delbert, will open a tradline?


Submitted by JujuNola on Thu, 08/15/2013 - 13:10

JujuNola

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I am in Illinios. State Of Il. Dept of Financial registration is on this. Appears Illinois is going to take on WS/ CC/Delbert or whatever name they are going by this week. I am also sending revokes to other lenders as per the posts in the forum.


Submitted by burgerburner on Fri, 08/16/2013 - 12:11

burgerburner

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Servicing does not mean sold to!! This is some what interesting since Delbert is usually their collection agency of choice has become now their loan servicing department.. Like I said I sent Cash Call a letter in Oct revoking ACH and then 5 months went by with lots of mail and then the transferred to collection under Delbert in March - which I just sent a C&D .. and when I faxed said letter it came back confirmed delivery to none other than Cash Call - all three are one company!!


Submitted by HelpinAZ on Fri, 08/16/2013 - 16:26

HelpinAZ

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As you'll see....still no answer as to who bought it......

Thank you for your correspondence regarding the transfer of your loan. WS Funding has sold your loan and the purchaser selected Delbert Services Corporation to service your loan. The terms of your loan remain the same.

Sincerely,
The Correspondence Department

Customer Service:
Phone 888-983-3523
Fax 949-381-2000
customer.service@delbertservices.com
Monday- Friday 5:00 a.m. – 6:00 p.m. Pacific Time
Saturday 5:00 a.m. – 12:00 p.m. Pacific Time


Submitted by JujuNola on Sat, 08/17/2013 - 07:45

JujuNola

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I googled the phone number...it is Delbert Services..the fax number is an Orange County California number. You have a fax number...fax them a cease and desist today. Tell them they are collecting on an unlicensed, tribal loan with usary rates of interest. Demand they never contact you again!!!


Submitted by SOAPLADY on Sat, 08/17/2013 - 08:00

SOAPLADY

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The thing is the loan is CURRENT. I haven't defaulted, so can I still request a C&D? I know you can't do that with the original creditor, but in this case, I don't even know who that is.


Submitted by JujuNola on Sat, 08/17/2013 - 08:21

JujuNola

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Better question is why would you want to continue to pay on a illegal loan Western Sky is a tribal lender.. How much did you originally borrow from them and how much have you already paid them to date?? I would send a letter to revoke ACH authorization to both Cash Call and Delbert Services.. make sure you secure your bank account - follow the steps in the link below in my signature..


Submitted by HelpinAZ on Sat, 08/17/2013 - 08:27

HelpinAZ

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My intent is to only pay back what I borrowed and trying to find a way for them not the screw up my credit.

I borrowed, 2,600 and paid back $703 so far. I've made payments so far of $117, $292.46 and $292.46.

It's not a question of WANT to. Of course, I'd prefer to keep my money, but I'm trying to do the right thing, with the least possible damage and just checking all my options. I live in Louisiana and it's my understanding there aren't many laws to help me in my state.

The only bright side it seems is if/when they sue, I may get a judgement ruling in my favor at the state's cap rate of 12%


Submitted by JujuNola on Sat, 08/17/2013 - 08:31

JujuNola

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Even though it looks like my state, LA, doesn't regulate these type of loans, is it still considered illegal?

What are my options? ACH Revocation, C&D, then basically see and wait if I'm to be sued? If so, that might be the way to go, but I just want to be sure I'm not missing anything.

I'm so mad at myself for getting into this situation.


Submitted by JujuNola on Sat, 08/17/2013 - 17:08

JujuNola

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I sent a revocation ach letter and this was there response.

At CashNetUSA, we understand how important it is to our customers to have access to payday advance funds as soon as possible after an advance is approved. That's why we fund our advances through an electronic funds transfer provided by the automated clearing house ('ACH') network. We also provide for repayment of advances via ACH. Because our advances are single payment advances (that is, we advance a sum of money that is to be repaid in a lump sum), we are permitted to require ACH repayment in accordance with the Federal Electronic Funds Transfer Act ('EFTA').

Under the EFTA, a lender cannot require a consumer to repay a loan by means of preauthorized electronic funds transfers as a condition to approving the consumer’s loan. The term “preauthorized electronic funds transfer” is narrowly defined by the EFTA to mean “an electronic funds transfer authorized to recur at substantially regular intervals.” As explained by the Federal Reserve Staff in its official commentary to the EFTA, “Creditors may not require repayment of loans by electronic means on a preauthorized, recurring basis.” 12 C.F.R. 205, Supplement I – Official Staff Commentary, at 10(e) (1) (Loan Payments). As a one-time payment, the repayment of a CashNetUSA advance is not encompassed by the EFTA’s definition of “preauthorized electronic funds transfer,” and is therefore permitted under the EFTA.

They continue to debit my account and wells fargo does not want to honor my ach revocation. What should I do?

I cant start a new thread or reply..


Submitted by dehoyos on Thu, 08/22/2013 - 23:48

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While on the IDFPR site today I came upon this cease and desist notice for Western Sky..

http://www.idfpr.com/DFI/CCD/Discipline/WesternSkyCDOrder3813.pdf

My question is; what does this mean for IL residents like myself whose loan originated with Western Sky, was passed off to Cash Call and Cash Call is reporting the debt on my credit report? I have disputed it multiple times with the CRA's and still comes back as a valid debt.


Submitted by hilly15 on Fri, 08/23/2013 - 11:12

hilly15

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I too, used this as a last resort.
Let me say I am glad I found the information on this forum. I have my ACH revocation ready to be sent to Delbert Services (cash call/WS).
I closed my account today. It will not take hold until Tuesday at 12 am. I will then send the email. I didn't want to argue with the banker ( who didn't know about ACH revocation) but he advised that once the closed account is processed, it cannot be reopened. Essentially, if I emailed today, they could try and hit an ACH before the account closed, keeping it open.
Luckily for me, this was a secondary account at a seperate bank so there is no way they can get to my primary account at my normal bank.


Submitted by on Sat, 08/24/2013 - 09:27

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Contact the Illinois authority that issued the C&D and ask for their guidance. Then - dispute a final time including a copy C&D Order and put the CRAs on notice that should they not remove it you will file a claim with the FTC, CFPB and seek legal counsel. And by the way -- enjoy this read!!! http://www.apnewsarchive.com/2013/Cheyenne-River-reservation-personal-loan-company-lays-off-most-of-its-workers;-120-jobs-lost/id-13509972b37d4c68ad2dbdf8bc791f8a


Submitted by momofthree27 on Sat, 08/24/2013 - 09:39

momofthree27

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Just wanted say thanks momofthree27 and let you know that all your hard work and posts regarding Western Sky/Cash Call have been beyond helpful in my battle. :)


Submitted by hilly15 on Mon, 08/26/2013 - 09:13

hilly15

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I just got off the phone with Delbert Services to find out who now owns the paper on my loan. Agent informed me the original loan was owned by Western Sky and serviced by Cash Call. Western Sky has now sold the loan to WSFunding LLC. I asked for contact information with WSFunding and the agent told me they didn't have any and that I would have to get that info from Western Sky. They are servicing a loan but have no way of contacting the owner? What do they do with the proceeds they collect if they can't contact the owner?


Submitted by burgerburner on Mon, 08/26/2013 - 15:21

burgerburner

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WS Funding LLC is a subsidiary of CashCall. They are giving you the run around just as they always have. Due to all the litigation coming down on them over the last couple of months they are distancing themselves from Western Sky and acting like they have nothing to do with it. Also please know that Delbert Services is owned by the owner of CashCall. It still remains in the same hands - they are just trying to make it look like it isn't. Hang in there -- as I get more information I will keep you guys posted.


Submitted by momofthree27 on Tue, 08/27/2013 - 08:52

momofthree27

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I recently sent in a validation letter to Cash Call asking for my original loan documents and account statement in an effort to remove them from my credit report per the Illinois Dept of Financial & Regulation Division.... Now in the last couple of days my phone has been blowing up with random numbers, some of them leaving messages about loans I applied for. For the record I haven't applied for anything. It seems odd that it would happen to me a couple days after mailing the certified DV letter to Cash Call...

Has this happened to anyone before? Whether it be with Cash Call or any other lender?


Submitted by hilly15 on Wed, 08/28/2013 - 09:59

hilly15

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Yes -- this means your information was sold. It goes in waves about every six months or so -- the phone blows up after each time it is sold with people saying your application was approved when you didn't apply for anything. Not much you can do but change your numbers.


Submitted by momofthree27 on Wed, 08/28/2013 - 11:12

momofthree27

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So I have the same thing going on. I sued cash call/ western sky. They got back to my attorney today and basically said dismiss my claims, or they will demand we go to arbitration per my agreement. I live in Nevada, and I guess Nevada court abides by arbitration agreements. Cash Call has put that my account has been paid, but was a charge off. This status just changed on my credit report. I feel stuck. I dont want to potentially go to arbitration and lose, then have to pay cash call's attorney fees. All I really want is to just have them remove themselves from my credit report!


Submitted by BellaLisa2120 on Wed, 08/28/2013 - 18:41

BellaLisa2120

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BellaLisa -- they are bluffing you and your attorney.....There are two Courts that have found the arbitration to be a sham. See Deborah Jackson, et al. v. Payday Financial, LLC et al and Inetianbor v. Cash Call, Inc. Also, this is a stupid move by THEM since the Nevada Department of Business and Industry Division of Financial Institutions issued a cease and desist against Western Sky for these very loans and they have cited both Cash Call and Delbert Services as well from trying to collect on these loans. Either your attorney is not doing their job or they are hoping he is stupid enough not to do his research. Let me know if you need anything further but DO NOT dismiss your claims -- Western Sky is shutting down because they know they are cooked.


Submitted by momofthree27 on Thu, 08/29/2013 - 08:31

momofthree27

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Where can i find these!? I had no clue the divisions of financial institutions issued a cease and desist! No one in that deparment ever told me so! Yes, it seems I need all the help I can get!


Submitted by BellaLisa2120 on Thu, 08/29/2013 - 16:56

BellaLisa2120

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I found the cease and desist from Nevada! Excellent news! But how does that effect those that have loans before June of 2013? I know it says any loans after the cease and desist that were funded must be returned plus interest to the consumers, but what about people like me who had the loans funded and paid prior?


Submitted by BellaLisa2120 on Thu, 08/29/2013 - 21:53

BellaLisa2120

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It looks like my state, Louisiana, MIGHT get in the fight after all. Just yesterday in the mail I received a carbon copied letter that the Compliance Examiner from the LA OFI sent to Cash Call with copies of my email complaint and contract demonstrating the 139% interest rate they're charging me.

It was definitely a surprise as I thought no one would help.....I will update as I receive more info, since I'm not too sure what the letter means. As of now, it doesn't mention any action. It's only urging Cash Call to comply sending any promissory note and payment histories.


Submitted by JujuNola on Fri, 08/30/2013 - 06:14

JujuNola

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BellaLisa -- call them and inquire what you should do and if you will benefit from any relief. Explain how they are continuing to damage you by reporting charge off on your credit report.

JujuNola - that is awesome news! Keep me posted.


Submitted by momofthree27 on Fri, 08/30/2013 - 11:19

momofthree27

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Well now Cash Call is reporting it as a paid charge off with a zero balance with the account being closed. Must have changed when the cease and desist went into effect!


Submitted by on Sat, 08/31/2013 - 09:29

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So, like all of the others that have posted on here, I took out a $2,500 loan from CashCall/Western Sky. The money was deposited in to my account in December 2012. Monthly payments in the amount of $294.46 started coming out in January 2013. When I do the math, I have already paid them $2,355.68 through August and I have another payment scheduled for September 16th. My question is once they receive this payment next week, can I then legally stop the ACH by closing my account and then sending them a Cease and Desist letter? I live in Arizona and I have read that these high interest loans are illegal in this state. I just want to make sure I have my "ducks in a row" before I pull the plug on my checking account.

Thanks!


Submitted by on Fri, 09/06/2013 - 15:56

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You can legally revoke your ACH authorization anytime you choose. There is no legal requirement to maintain that form of payment.
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I wouldn't pay them another dime until they agree to your terms - a paid in full and account closed statement. In return you will pay the rest of the principle only. There are letters pinned in this forum for that purpose. Adapt them to your specific situation.


Submitted by Scubus on Sun, 09/08/2013 - 14:54

Scubus

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Experian and Equifax completed my Cash Call disupte and it's still showing as valid. Even with the copy of the C&D Order I sent in. Sigh.


Submitted by hilly15 on Tue, 10/15/2013 - 09:05

hilly15

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unfortunately, the CRS's have a problem upholding the removing of illegal debt when tribal loans are in question. I would file a complaint with the FTC regarding this if you have not already. This may be the only way you can get the debt removed.

However, CashCall may report the debt again and it will remain for 7 years after it is reported for the second time. CashCall has done this to me. I am actually leaving it alone. If a debt is over seven years on your credit report, it can be removed.

I do not use credit cards and my car loan is showing that I am making regular payments. If I need to apply for a loan through my bank I explain that the CashCall showing as unpaid is for an illegal loan and show the paper work I have from CashCall and my bank will disregard the CashCall item on my report.

This loan has now sold/moved to Delbert and I have filed complaints with both the State of Washington and the FTC over the illegal collection of this debt. If Delbert attempts to report this, then I can send the letters I receive back from my state and the FTC if they are favorable towards me and have the negative report removed.


Submitted by Jasmine on Sat, 11/16/2013 - 17:52

Jasmine

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August of 2012 I applied for and received a 1500.00 loan from Western Sky of which I only received 1000.00. When talking to Western Sky rep. I stated I could repay the loan in 12 months. After signing for the loan and making the first payment I was told the loan was transferred to Cash Call. I was able to log on at look at my account and that is when I realized that the loan was for 25 months. Who needs 25 months to repay 1500.00. This was the first time I realized just exactly what the interest amount was. Since I had already spent the money therefore not able to return it I made my 198.19 per month payments until June 2013 when I could not make that months payment. In July 2013 Minnesota Attorney General sued Western Sky/Cash call for illegally providing loans to Minnesota customers without a business license and usury interest rates. I surely did not know Western Sky or Cashcall did not have a business license to do any business in Minnesota. I have learned a lot since Attorney General Lori Swanson filed suit. The Tribal Immunity that Western Sky claim is false because Western Sky is owned by an individual and not owned by the tribe, therefore no tribal immunity. Minnesota has a cap on interest rates for small loans. I have paid back over 1700.00 of my loan. Western Sky knew the loan they offer me was illegal because they knew they did not have a license to do business in Minnesota. No further monies will be paid to Cash call. It is listed on my credit report. My credit is not in good shape anyway so I can wait for the law suit to be settled at which time I will have the documents to have it removed from my credit report


Submitted by on Fri, 01/17/2014 - 08:18

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