Help! - Cash Call Western Sky in PA
Date: Thu, 12/06/2012 - 16:07
Sorry this is posted a Anonymous but I did register for the website as MattG73 but its not recognizing me. When I try and re-register it says that email address is already taken. Anyway...
On 8/1/2012 I received the $2600 loan ($2525 deposited) from Western Sky. A few days later the loan was transferred to Cash Call (go figure). I have paid a total of $881.42 in three payments to date but I cannot afford the payments of $294.46 any more. After finding this website I discovered that tribal laws are illegal and furthermore in Pennsylvania they are an unlicensed lender and unlicensed lenders in PA are subject to a 6% interest cap. I emailed Elissa Chavez as well as custserv@cashcall.com on 11/30 a letter that I found on this website stating that I had a loan with Western Sky that had been transferred to Cash Call and that it was an illegal tribal loan as well as a loan that is illegal in PA and that I was revoking ACH authorization per Federal law, Regulation E Section 205.10 Preauthorized transfers (as well as revoking voluntary wage attachments). I let them know I would be closing my bank account they had on file. I also told them that the only authorized communication with me would be via US mail or email and not to call my place of employment or references on the application. I did state that I was willing to pay the principal balance only of $1643.58 ($2525-$881.42 paid) but only if they provided me a mailing address to do so etc. I also let them know I was filing a complaint with the PA AG and FTC as well. To this date I have not gotten a reply from them other than a generic email that stated "Your scheduled payment to CashCall, Inc. set up through automatic debit in the amount of $294.46 was returned unpaid by your bank. Pursuant to the CashCall Promissory Note and Disclosure Statement, ("Note"), a returned item fee of $29.00 was charged to your loan.". They tried the automatic debit on 12/3. I had already revoked ACH transfers on 11/30 and I had placed a stop pay for cash call with my bank and I am in the process of closing my account.
So what do I do now? They have not started the calls yet but since they have ignored my emails and faxes and to this point I assume its only a matter of time before the calls start. I also filed a complaint with the PA department of banking but the reply I got for them that while loans of that type were illegal in PA, the lending company is claiming Sovereign Immunity therefore the PA Department of Banking has no regulatory reach. They recommended I file a complaint with the Consumer Financial Protection Bureau which I did and now have a case number. I have filed the complaint with the PA AG but no reply yet. I want to file a complaint with the FTC but I am not sure what heading to put it under. Are there any other complaints I should file? Any other steps I should take? I was in very dire straits when I took out that loan and I had no other choice, I just want to take care of it and pay the principal. This forum has been very helpful and has already helped me deal with Mobiloans (complied with ACH revoke and communication, waiting on payment plan for principal) as well as Plain Green Loans (also complied with ACH and communication request, and settled for just the principal), now I just need to take care of Cash Call. Thank you all so much.
On 8/1/2012 I received the $2600 loan ($2525 deposited) from Western Sky. A few days later the loan was transferred to Cash Call (go figure). I have paid a total of $881.42 in three payments to date but I cannot afford the payments of $294.46 any more. After finding this website I discovered that tribal laws are illegal and furthermore in Pennsylvania they are an unlicensed lender and unlicensed lenders in PA are subject to a 6% interest cap. I emailed Elissa Chavez as well as custserv@cashcall.com on 11/30 a letter that I found on this website stating that I had a loan with Western Sky that had been transferred to Cash Call and that it was an illegal tribal loan as well as a loan that is illegal in PA and that I was revoking ACH authorization per Federal law, Regulation E Section 205.10 Preauthorized transfers (as well as revoking voluntary wage attachments). I let them know I would be closing my bank account they had on file. I also told them that the only authorized communication with me would be via US mail or email and not to call my place of employment or references on the application. I did state that I was willing to pay the principal balance only of $1643.58 ($2525-$881.42 paid) but only if they provided me a mailing address to do so etc. I also let them know I was filing a complaint with the PA AG and FTC as well. To this date I have not gotten a reply from them other than a generic email that stated "Your scheduled payment to CashCall, Inc. set up through automatic debit in the amount of $294.46 was returned unpaid by your bank. Pursuant to the CashCall Promissory Note and Disclosure Statement, ("Note"), a returned item fee of $29.00 was charged to your loan.". They tried the automatic debit on 12/3. I had already revoked ACH transfers on 11/30 and I had placed a stop pay for cash call with my bank and I am in the process of closing my account.
So what do I do now? They have not started the calls yet but since they have ignored my emails and faxes and to this point I assume its only a matter of time before the calls start. I also filed a complaint with the PA department of banking but the reply I got for them that while loans of that type were illegal in PA, the lending company is claiming Sovereign Immunity therefore the PA Department of Banking has no regulatory reach. They recommended I file a complaint with the Consumer Financial Protection Bureau which I did and now have a case number. I have filed the complaint with the PA AG but no reply yet. I want to file a complaint with the FTC but I am not sure what heading to put it under. Are there any other complaints I should file? Any other steps I should take? I was in very dire straits when I took out that loan and I had no other choice, I just want to take care of it and pay the principal. This forum has been very helpful and has already helped me deal with Mobiloans (complied with ACH revoke and communication, waiting on payment plan for principal) as well as Plain Green Loans (also complied with ACH and communication request, and settled for just the principal), now I just need to take care of Cash Call. Thank you all so much.
There is no need to do
There is no need to do anything. They may start calling you after a few days. Don't get scared. Morally, you should pay off the principal amount only. Nothing else.
