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CashCall or Western Sky?

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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?



Posts: 15508
Credits: 135761.15272958

Sub: #1 yep
Wed, 08/14/2013 - 09:54

as they are both vitually the same company(as alot of AG'S are finding this out)send it to both parties.

Posts: 44
Credits: 582.15

Sub: #2 The Plot Thickens
Wed, 08/14/2013 - 14:53

Today we get an email from CashCall stating that they have sold the loan to Delbert Financial.

Delbert is licensed as a Consumer Collection Agency. We have not been late on a single payment and I have not sent the letters yet.

I guess I will be adding Delbert to the list of letter recipients! I am curious, if they are licensed as a collection agency is it legal for them to manage a loan that has never been late?


Posts: 1889
Credits: 28808.676946382

Sub: #3 First the loan was not sold
Wed, 08/14/2013 - 17:49

First the loan was not sold to Cash Call - they were only servicing and they are one in the same any way.. Secondly Delbert is their collection company - they did not sell to them - also one in the same, from what it appears - when I faxed my C&D letter to Delbert - it came back as accepted by Cash Call.. You just need to send them a C&D.. When did you send Cash Call the above letter, just curious since it took me from Oct to March to get transferred to Delbert - lots of mail in between?

Posts: 44
Credits: 582.15

Sub: #4 We haven't sent it yet. I
Wed, 08/14/2013 - 19:49

We haven't sent it yet. I brought the letter home to send certified mail and saw this email. Our account is current and has never been late. (I am not sure why breaks don't appear in my post - sorry)

Here is the email:


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 13987588.

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

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



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 Nonprofit credit counseling services may be available in the area.


FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE www.coloradoattorneyge 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.


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

Posts: 44
Credits: 582.15

Sub: #5 Now that I am reading the
Wed, 08/14/2013 - 19:51

Now that I am reading the email, we don't even know who the loan has been sold to, Delbert is just servicing the loan.

I'd have some issues with that even if it wasn't such a shady loan.

Debt Samaritan
Posts: 360
Credits: 4665.35

Sub: #6 Ahh...this seems to be their
Thu, 08/15/2013 - 08:40

Ahh...this seems to be their new tactic because CC has been sued so many times over the last couple of months. There is active litigation in Florida that they are on the brink of losing so it seems they are restructuring their operations. Very very interesting indeed.


Sub: #7 Delbert/CashCall
Fri, 08/30/2013 - 20:01

I also have a loan with Cash Call that has never had an issue and my payment reminder email came as usual from cash call - I got a call tonight with no one there and my payment is not due until Tuesday. If they are making collection calls on a non delinquent loan, doesn't that mean false practices on CashCall/Western Sky for not sending a notice 30 days prior to transfer? According to Colorado law we have to send a letter out on any account we are sending to collections for non payment giving them a 30 day window to contact us. hmmmm fishy fishy


Posts: 1889
Credits: 28808.676946382

Sub: #8 That is about par for the
Sun, 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?

Posts: 44
Credits: 582.15

Sub: #9 We received a response from
Sun, 09/01/2013 - 18:05

We received a response from Delbert. They basically ignored the part about not paying them and sent a letter stating that we had to arrange payment by September 3 or there would be late payment fees and additional charges.


They basically acknowledged the revocation of ACH authorization and ignored the rest of the letter.

Posts: 44
Credits: 582.15

Sub: #10 Yes, account is secure so I
Sun, 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....

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