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Help with Cash Call Loan for Michigan Resident

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I have been trying to read through the forum in regard to the legality of a Western Sky / Cash Call Loan I took out in 2013. I reside in Michigan.

From what I do read, am I correct that this company is NOT licensed to do business in Michigan, and is their Installment Loan Illegal in Michigan?

I am ready to contact my bank to stop further ACH withdrawals, and will contact Cash Call but I sure could use some help on what process I should follow. Would someone please lead me in the right direction here?

I want to follow all the right steps and I would appreciate any all help. Its embarrassing enough I got myself into this Payday Loan nightmare.. I'm just glad to see I'm not the only one. Thank You So Much!




Here are Michigan's lending laws for this type of loans:
Lending of payday loan is considered legal in the State of Michigan.
Licensing Requirements: Online lenders must be licensed in Michigan.
Loan Specifications - Maximun Amount of Loan - $600
Term of Loan - Maximum 31 days
Maximum Rate of Finance and Fees - 15% interest rate on the first $100 loan; 14% interest rate on the second $100 loan; 13% interest rate on the third $100 loan; 12% interest rate on the fourth $100 loan; 11% interest rate on the fifth $100 loan; 11% interest rate on the fifth $100 loan + fees for any database verification
Finance Charge on $100 loan for a 14 day period - $15
APR for $100 loan for a 14 day period - 390%
Debt Limits
Maximum Number of outstanding loans permitted at a time - 1 with licensee/ more than 1 with any other licensee
Permissible number of Rollovers - None (Renewal cannot be done; extension can be offered by the lender if and only if it doesn't charge a fee.)
Repayment Plan - Yes

Limits of Collection
Collection Fees Amount - 1 return check charge of $25
Criminal Action - Prohibited

File your Complaint and get Information - Check for licensing!!
Regulator - Michigan Office of Financial and Insurance Services
Address - P.O. Box 30220 Lansing MI 48909
Phone - (877) 999-6442
Fax - (517) 335-4978

I would recommend checking with the regulator above, see if they are licensed to lend in Michigan - doubtful....
If your loan originated with Western Sky - they are tribal and not legal in almost any state.. how much did you originally borrow and how much have you paid to date?
Then follow the steps below in my signature line on how to deal with - all in order - I would strongly recommend closing down the current account and open a new on not linked in any way to the old one...

They will be harder to deal with in the fact that you will need to dispute to get them off your credit..

If you have any other questions please let us know.

Sub: #1 posted on Wed, 01/28/2015 - 17:36

HelpinAZ HelpinAZ
Moderators
(Posts: 1873 | Credits: 288.1)

Thank you for your reply. Yes the loan originated with Western Sky...shortly after I received notice that Delbert Services would be dealing with the payments..then a couple months back I received yet another email stating that Cash Call was servicing this loan. Both Delbert and CashCall send me an email to "authorize them to make ACH debits". I NEVER replied to those requests and NEVER verbally or written gave them authorization. Cash Call has debited my account for the past few months payments.

My original loan was for 2600 including a 75.00 processing fee. I have as of January 2015 made a total of 18 payments of 294.46 which totals $ 5300.28.

Now I did place stop payments on a few other internet PDL's last year. I had a company that I paid "Payless Financial Group" to send out loan validation letters, etc. I did fully want to make good on the amounts I borrowed just couldn't afford the high interest rates and payments. Not one of those which most were Tribal would validate, which I assume is because they know they were not licensed or legal in my state.

I filled out paperwork which in turn Payless sent to all these lenders, and I went to my bank to secure my account. My bank has been wonderful in placing the stop payments, and so far I'm happy to say none have gotten any more out of me. I plan to add Cash Call to a stop payment as well before the next withdrawal that would come out on Feb. 15, 2015.

I'm not so worried about the credit rating right now as I am in default on a few things.. I can deal with that later. Its just right now I can't afford this $300 a month. I was able to see that even now..after 18 months of payments..that my payoff balance with them is 2727.26! and they have gotten over 5 Grand from me. I'm just sick I got mislead thinking it would be a temporary thing to help me get out..it only made my life worse.

After going to my bank..should I contact the AG for Michigan? I read something in a forum post but not sure if that's something that should be done as well?

Thank you so much again for taking time to read all this and offer advice. I appreciate more than words can express.

Sub: #2 posted on Thu, 01/29/2015 - 09:24

susienem susienem

(Posts: 11 | Credits: 1.64)

You are done with Western Sky - that is who you signed a loan with and I would send the email still revoking ACH to them and Cash Call as well - follow the link below the letter is in there, you just make it to your state.. MI require lenders to be licensed and they are not! And remind them that they now owe you a refund of $2700.28 - they can mail the check to your address on file.. You should contact your AG and file a complaint as so many other have.

Who is this place that you paid to send out the letters - what a sham- you could have done all yourself.. how much did you pay them? I hope you are not still paying them?

Sub: #3 posted on Fri, 01/30/2015 - 03:57

HelpinAZ HelpinAZ
Moderators
(Posts: 1873 | Credits: 288.1)

It was Payless Financial.. and I paid quite a sum..at the time though, I was so scared I thought going thru a company like them was my only option at the time. I paid them off almost a year ago.. so whats done is done there. I wish now that I had found this forum/website first. They did help though with letters, forms, etc. and always followed up with me every time I was sent a notice or email from the other PDL's. My bank offers me unlimited stop payments and as I stated, so far none of the others have attempted to withdraw since I placed stops on all those other companies. This was approx. 1 year ago now. I didn't realize at the time that Western sky/Delbert/Cash Call fell under the same thing as illegal and unlicensed. Lesson learned here the hard way. Even though I never officially signed anything allowing Delbert & Cash Call to debit my account, I still need to revoke ACH..is that correct? I will do so immediately... I won't hold my breath for a refund, but boy would that be a blessing! Thank you again so much for your help.. You are all a God send and I pray you're all blessed for being there for those of us who truly needed help!

Sub: #4 posted on Fri, 01/30/2015 - 08:15

susienem susienem

(Posts: 11 | Credits: 1.64)

Nice on the unlimited stop payments - who do you bank with?

I am sure the bank will help you also if they try to skirt around with different name or amount..

I would do so.. I would address to western sky - which is more than likely who your original documents state and add a statement to the affect that this includes any of your subsidiaries such as CC or Delbert. Block them with bank and be done.. - And you will need to dispute with your credit when you are ready to clean that up as well.. We have all been there and God remembers all of us that are willing to help others, even when we are selves are going through something..

Sub: #5 posted on Sat, 01/31/2015 - 03:12

HelpinAZ HelpinAZ
Moderators
(Posts: 1873 | Credits: 288.1)

I bank with PNC and have what they call "performance checking acct". that gives me unlimited stop payments as well as a few other perks as no monthly fees since I have direct deposit. They really have been wonderful. I was able to call today and place a stop payment on CashCall as well as American Web Loan. I had forgotten to mention I had that one as well since last Sept. 2014. Hopefully going forward after explaining to the bank my issues, I won't have to worry about these automatic ACH debits getting through. I went with CashCall because of them being the ones who are "servicing" my account and have been the ones to debit. Funny too, CC has been attempting to reach me by phone, I assume because I have yet to "authorize" them to debit, even though they have. I am sure they will call relentlessly as soon as they get my emails starting Monday. I wanted to be sure all was in place first at PNC before sending them off. Thank you again for all your help. I'll keep you posted, and hopefully this may help others residing in Michigan as well. Have a blessed weekend!

Sub: #6 posted on Sat, 01/31/2015 - 08:53

susienem susienem

(Posts: 11 | Credits: 1.64)

You want to make sure to note Western Sky - they still who issued the loan.. make sure you put in there that all communications are to be done via US mail or email only.. And they better not call you - or every time they do is a violation and a complaint can be filed with the FTC - those are punishable with a fine of $1000 for each one.. .. Keep us posted - you also have a blessed and wonderful weekend..

Sub: #7 posted on Sat, 01/31/2015 - 21:07

HelpinAZ HelpinAZ
Moderators
(Posts: 1873 | Credits: 288.1)

Well I received a response via email this morning from Cash Call.. I will copy it to here along with my original email.

Would you please advise me on how to respond to what they said..

Thank you for your correspondence. We have received your email request to cancel the ACH auto withdrawal on your loan. Your request has been processed effective today. Please keep in mind that your payment due date is the 1st of every month.



Sincerely,

The Correspondence Department

Customer Service:

Phone 877-525-2274

Fax 866-900-8344

Monday- Friday 6:00 a.m. – 7:00 p.m. Pacific Time

Saturday 6:00 a.m. – 12:00 p.m. Pacific Time



Collections:

Phone 866-899-1844

Fax 949-225-4699

Monday-Friday 5:00 a.m. - 9:00 p.m. Pacific Time

Saturday 6:00 a.m. – 12:00 p.m. Pacific Time



This communication is an attempt to collect a debt and any information obtained will be used for this purpose. As required by 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.

My Original Email..

Dear Lender,





It has come to my attention that licensing though the State of Michigan is required regardless of whether the lender has a physical presense in Michigan. Lenders are also required to comply with the limits of loan amounts, fees, charges and other requirements of state law. Lenders making loans to Michigan residents via the internet must meet these licensing requirements.


Since your company has no license in my state and is not complying with the limits of the fees, charges and other requirements of state law, the loan contract I have with you is not valid and deemed illegal. This loan originated with Western Sky which is also unlicensed and illegal in the State of Michigan, as well as Delbert Services and Cash Call.


Although I am not legally required to do so, I am willing to repay the principle balance of this loan. To date I recieved a deposit of $2575 on 7/08/2013, and have had 20 monthly withdrawals of $294.46 debited from my account totally $ 5889.20. This results in an overpayment of $3314.20.





At this time I am requesting a return email acknowledging my account is paid in full. Also I would like a refund of the overpayment of $3314.20. to be mailed to me at the address 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 further attempts to collect funds in this manner will be blocked.





Also any calls to my personal numbers or contacts or my place of employment will be considered harassment and appropriate action will be taken. All contact is to be made to me solely through US Mail or email.





Please respond to this email with acknowledgement that my account has been paid in full. Details of when I can expect the refund check, as discussed above should also be included in the email.


The Attorney General for the State of Michigan has also received copies of this email along with a consumer complaint.





Susan Murray

Sub: #8 posted on Tue, 02/03/2015 - 23:25

susienem susienem

(Posts: 11 | Credits: 1.64)

re-send your email with this added.

again this was an illegal loan,and i'm not paying you another dime.even if you tried to ACH it wouldn't go through.btw i'm aware that many states have come down hard on western sky originated loans so let's make michigan another shall we?

respond that way as they lie in court,and will fight you tooth and nail.

Sub: #9 posted on Tue, 02/03/2015 - 23:57

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

Thank you.. I see that they have sent another email since I left for work. Here is what it says...

Ms. Murray,


I have received a concern you have expressed with CashCall. I would like to personally address any concerns you may have at this time. Please feel free to contact me directly to assist you the best way possible. Thank you.

Sincerely,

Lynette Villanueva

Customer Concerns Representative

CashCall

Direct Number: 714-722-6992

Monday-Friday 8:00 A.M.-5:00 P.M. PST

And again, they are wanting me to call them..which I will not do as I directed them on how to correspond with me.

When I re-email my original letter..should I put this person's name in the subject line?

Also, I followed through in the same manner with American Web Loan, another tribal lender unlicensed in Michigan. This is what their email said..and I want to know how I should reply to them..

Dear Susan Murray,

Thank you for your inquiry.

We can offer solutions specific to your situation. In order to discuss your options, we will need to speak with you personally over the phone. Unfortunately, we are unable to resolve all scenarios via email.


For faster service or to speak with a live representative, please call our Customer Service Department at 877-636-1353 Option 2.

Customer Service business hours are Monday – Friday 7am – 8pm Central; and Saturday 7am – 6pm Central.


Thank you for choosing American Web Loan as your short-term loan provider.

John A.

Customer Service

www.americanwebloan.com

877-636-1353 Option 2

855-275-9717 Fax

And what should I do in response to their email..??

I thank you in advance for your advice!

Sub: #10 posted on Wed, 02/04/2015 - 10:18

susienem susienem

(Posts: 11 | Credits: 1.64)

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