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