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Dealing with Delbert Services/CashCall

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Posts: 30
Credits: 1716.15
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In 2007 I took out a loan with CashCall. Due to finances I stopped paying in 2009. In The spring of 2010, I recieved a communication from Delbert Services that they now had the account. I sent the Debt Validation and Cease and desist letter using a template from this site. The response did not come from Delbert but from CashCall. In addition to all account info, the letter indicated that the account was now with Delbert Services.. But there was a problem: in my letter I had asked for documentation that Delbert was licensed in my home state of Florida. There was nothing in their response addressing this issue. Over the past two years I have recieved numerus settelment offers from them but have not responded because I did not believe they were licensed here. . Last week I recieved another settlement offer, but yesterday I recieved a different communication in which they are threatening to move ahead and posibly take me to court. My last payment was in the fall of 2009 to cashcall.

I have two questions:
1.CashCall loans are or were funded by the National Bank of Delaware. The APR is 59% . If I understand it correctly, Florida Ursury laws do not protect me since its a bank and they can charge what ever APR they want. Is that correct?
2. What are my rights since they failed to give me their Florida license info? After recieving their communication a few days ago, I researched I found they are licensed. But aren't they required to give me the info if I request it in a timely manner? ( its been two years since I requested).
My request in 2009 was sent via certificated mail.
Looking fot advice.
Thanks




Tyler
Posts: 269
Credits: 7046.7

Sub: #1 Cash Call is illegal in most of the state of US. That???s w
Mon, 03/26/2012 - 00:40

Cash Call is illegal in most of the state of US. That???s why you are required to pay them only the principal amount. No need to pay any interest or charges. Illegal lenders won???t be able to take any legal action against you.




StevenDoyle
Posts: 200
Credits: 38.25

Sub: #2 The point of the matter is this, CashCall is an illegal entity i
Mon, 03/26/2012 - 02:51

The point of the matter is this, CashCall is an illegal entity in every state and any loan granted by CashCall is illegal regardless of who funded the loan.You don't have to pay back anything other than the principal amount that you have borrowed. If you have paid more than you had borrowed, ask for a refund.

A DV letter won't get you license information. It is purely meant to ask for documental evidence to prove that the collection agency has the legal right to collect the debt.

Legal action, jail time and criminal charges are all hollow threats to scare you into paying up. If Delbert calls again, say that you are in the process of filing complaints with the AG and the FTC. Do file the complaints. You can also sue Delbert since they ignored a Cease & Desist letter.




HangingTightinFlorida
Posts: 30
Credits: 1716.15

Sub: #3 Delbert/CashCall
Mon, 03/26/2012 - 04:54

Thank you for your replies. I wish you were right. They are both licensed to do business in Florida as I discovered over the weekend. Also, this was a personal loan, not a payday loan.
If either of you have information to the contary PLEASE let me know.




OhioGal1


Debt Samaritan
Posts: 5256
Credits: 83046.746477606

Sub: #4 As you can see, Stephen and blankspace don't know what they're t
Mon, 03/26/2012 - 07:48

As you can see, Stephen and blankspace don't know what they're talking about.

Since this is an installment loan, PDL laws don't apply.
Since it was signed with FBD, it's legal and, as you said, CashCall is licensed in FL anyway so, you'll have to pay it.

Your best bet is to try to negotiate a settlement with them.

They're not required to prove to you that a collection agency is licensed. You can look that up yourself.

Call them and try to work something out.




lrhall41
Posts: 245
Credits: 6478.7

Sub: #5 I have deal with Cash Call too
Fri, 03/30/2012 - 12:27

I have deal with Cash Call too and after paying the principal of $1,000 on a loan they were still asking me additional payment at a APR of 190.90% for 23 months!!!! I contact the Florida Office of Consumer Affairs and was told thay they are not licensed in Florida.
They sent me a letter saying that the loan was "subject to the laws and jurisdiction of the Cheyenne River Sioux Tribe". The Florida Dept. of Consumer Affairs told me that was wrng and that I didn't have to make any more payments since I paid the principal.
Cash Call put an item on my credit report and I am disputing it for the reasons mentioned above.
Any suggestions?
Thanks.




stopCC
Posts: 5
Credits: 148

Sub: #6 Cash Call / Delbert
Wed, 10/02/2013 - 08:59

Does anyone have a letter or email from Delbert Services threatening to sue or even mentioning a possible lawsuit??? If you do, I would love to hear from you and have a copy of it.

Attachments:-




Unregistered

Sub: #7 Delbert Services
Fri, 10/11/2013 - 08:49

I got a loan and when I called to get my finish date they tolld me 2015 for 1500 loan and only got 800. The calculations show I would have to pay 4000 by 2015. NOT! I will pay until september of 2013 and that is it. If there is a problem after that, I will deal with it. By the way is it legal in the state of Minnesota.




momofthree27
Debt Samaritan
Posts: 360
Credits: 4665.25

Sub: #8 If this loan was originated
Sat, 10/12/2013 - 08:59

If this loan was originated through Western Sky Financial then no -- it is not legal. In fact the MN AG has a lawsuit against Western Sky/Cash Call. You need to contact the MN AG's office ASAP and get direction from them. Lori Swanson's office is pretty good at protecting consumers from what I have read.




Unregistered

Sub: #9 so i pay only what i borrowed
Mon, 10/14/2013 - 06:05

the loan orignated with western sky then sold off to delbert services and noticed on the withdrawals that it is cashcall withdrawaling the money.
So you are saying that they are illegal and only have to pay the loan amount and no interest. Hubby didnt realize till after the end of the call that the rate was so high. He thought the guy said 5% not the huge amount that came thru. Unreal.nad Unamerican.
thanks for this guys




Unregistered

Sub: #10 western sky loan
Mon, 10/14/2013 - 06:27

what if you dont live in the state where lori swanson is




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