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CashCall or Western Sky?



Scubus

Sub: CashCall or Western Sky?
Wed, 14/08/2013 09:41

I am confused who I send letters to - Western Sky or CashCall. The original loan was with Western Sky who sold it to CashCall.

Western Sky is not licensed in Florida but CashCall is a licensed Consumer Finance company.

I spoke to the Office of Financial Regulation and they state that the loan is unenforceable in Florida due to usury laws. I am writing a letter revoking ACH debits and asking for a refund of overpayments.

Iam going to write the following:

It has come to my attention that lenders must be licensed in Florida to offer loans to its residents. Since the original lender is not licensed in my state, the loan contract I have with them is not valid. In addition, the terms of the loan are illegal in the State of Florida and the loan, according to my state's laws, is not enforceable.

Although I am not legally required to do so, I am willing to repay the principal balance of this loan. To date, I received a deposit of $2525 on July 10, 2012 and have had 12 monthly withdrawals of $294.46 debited from my account. On August 1, 2012 an additional withdraw of $214.50 was made and on March 3, 2013 a payment of $107.95 was made directly to Cash Call. This results in an overpayment of $1330.97.

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 $1330.97 overpayment. A refund check of $1330.97 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 letter (via email or postal mail) 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.

Sincerely,


I was planning on sending the original to CashCall and a copy to Western Sky. Is that the correct way to handle this?

Thanks.



Article Rating: 
momofthree27
momofthree27
Debt Samaritan
Posts: 334
Credits: 4624.75

Sub: #1 Delbert Services is anotherMon, 11/11/2013 - 08:11



Delbert Services is another arm of Cash Call -- the loan was originated through Western Sky and is unenforceable. You need to follow the steps outlined under the sticky "dealing with unlicensed lenders". What state are you in? You may be in a state that has already banned these loans.


Unregistered

Sub: #2 WE RECIEVED THE SAME EMAIL,Sun, 11/10/2013 - 17:42



WE RECIEVED THE SAME EMAIL, NOW WHAT WE DO AND WHAT LETTER DID YOU SEND?


Unregistered

Sub: #3 LOAN TRANSFERSun, 11/10/2013 - 17:36



WE RECIEVED A LOAN FROM WESTERN SKY FINANCIAL AND A FEW DAYS AFTER THE LOAN WAS FUNDED , IT WAS SOLD TO DELBERT SERVICES WHAT DO I DO IF I DIDNT SIGN A LOAN WITH DELBERT SERVICES AND I LIVE IN FLORIDA?

I NEED STEP BY STEP OF WHAT TO DO...PLEASE HELP ME


paulmergel
paulmergel


Posts: 15350
Credits: 127792.11808638

Sub: #4 ONE WAYThu, 09/12/2013 - 10:58



close your account now!the only way to stop the debits is that way.western sky is tribal,and no tribal loan is legal.cashcall,and western sky are getting slammed by alot of states so you close your account,and wait and see if your state is taking action,or will in the future.for now do that.

giving hope to the hopeless,help to the helpless,and hap to the hapless.


Unregistered

Sub: #5 Delbert ServicesThu, 09/12/2013 - 09:11



I am very confused. I had a loan with Western Sky for $2600. It was sold to Cash Call almost immediately. Now I got an email stating Delbert Services is the servicer, but Cash Call withdrew payment this month. To date I have pain $1677 of the original $2600 so would have a balance of around $850. I am in Oklahoma. How do I find out if they are illegal in this state and how can I stop the forever payments once the balance is paid?


Scubus
Scubus
Posts: 41
Credits: 581.9

Sub: #6 I just received anotherTue, 09/03/2013 - 18:38



I just received another response today - it is the usual nonsense about Western Sky being on a reservation and not subject to state laws.

A new letter is going out tomorrow...


Scubus
Scubus
Posts: 41
Credits: 581.9

Sub: #7 I wish I had a scanner toMon, 09/02/2013 - 10:22



I wish I had a scanner to scan the full letter because it has some interesting info for Florida residents.
.
The text of the letter states "Most internet payday lenders grossly exceed the interest rates allowed under the Florida Consumer Finance Act ("FCFA") which the OFR also enforces and administers. By operation of law, these loans are unenforceable and void in this state. Additionally many of these internet payday lenders, or their third-party collection agencies, may use threatening and misleading scare tactics in attempting to collect these loans. Florida law any person from claiming, attempting or threatening to enforce a debt when the person knows that the debt is not legitimate or when the person attempts to assert a legal right when the person knows the right does not exist."
.
The letter goes on to include information on how to validate your debt and states that the response must include the name of the original creditor as well as instructions on how to proceed if you believe you do not owe the money. This must be provided within 5 days after they contact you.
.
I would encourage anyone with a loan via Western Sky (or any other illegal internet lender) to file a complaint online with the Office of Financial Regulation; the told me they base decisions on who to pursue on how many complaints the receive against a company.


HelpinAZ
HelpinAZ

Posts: 1778
Credits: 27478.736968605

Sub: #8 Good news for you!! TheSun, 09/01/2013 - 18:21



Good news for you!! The letter you received from the FL Office of Financial Regulation, I would forward to the Credit Bureau when you dispute.. That should be enough I would think to get it removed.. worth a try..

USA Payday Loan Laws
How to deal with illegal lenders, step by step instructions, courtesy of OhioGal
How to write a proper debt validation request, courtesy of SOAPLADY
How to deal with a Collection agency contacting you for PDLs, courtesy of Waffles


Scubus
Scubus
Posts: 41
Credits: 581.9

Sub: #9 Yes, account is secure so ISun, 09/01/2013 - 18:05



Yes, account is secure so I am not that concerned about the ACH.

.

$2525 was deposited and over $3500 has been repaid. I have offered to forgo recouping the overpayment if they are willing to mark the account "Paid in Full" and close the account.

.

I have filed a complaint with the Florida Office of Financial Regulation and they have sent a letter stating that this loan is illegal and unenforceable in Florida. But I'd prefer not to have my credit take a hit, but I would rather not pay them another dime even more....



HelpinAZ
HelpinAZ

Posts: 1778
Credits: 27478.736968605

Sub: #10 That is about par for theSun, 09/01/2013 - 17:03



That is about par for the course with them. The important thing is that they received the ACH revoke, your account is secure? When they agree to what you are offering then you will pay.. remember you are in control the original loan with WS is null and void do to tribal status.. i am sure somewhere in another post - but how much borrowed and how much repaid to date?

USA Payday Loan Laws
How to deal with illegal lenders, step by step instructions, courtesy of OhioGal
How to write a proper debt validation request, courtesy of SOAPLADY
How to deal with a Collection agency contacting you for PDLs, courtesy of Waffles


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