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More Western Sky / Dlebert Help needed

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Hi and thanks for this terrific resource.
I received a few days ago as many have a loan transfer from Cash Call to Delbert. The loan was originally WS.
Today I received notice that payment will be withdrawn ACH via Delbert. I want to stop them from doing this and wish to work out new reasonable arrangements to pay this loan using the NJ cap interest as a guideline.
How exactly should I go about this?
I know of the links provided here for samples but most of these seem more relevant to true payday type loans.
Basically I am looking for a letter more specific to W.S (there may be one already posted?? ) so as to ensure that they will not give me a hard time and remove the ACH. I spoke with my bank but haven't done anything official.
I also prefer email contact only so should I do C&D at the same time?
I am sorry for any confusion. Just nervous and mad at myself. I am recently out of work and have no easy way to pay this back under their terms. I have paid $3300.00. The loan was for $5000.
Thanks for any help




calling momofthree27!

Sub: #1 posted on Thu, 08/29/2013 - 21:21

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

The reason they have transferred your account to Delbert is because the National ACH Clearing House shut off CashCall's access to the ACH network. With that being said, what you should do is immediately contact the NJ AG's office because it is my understanding they are about to follow NY's lead and file suite against WS/CC for these fraudulent loans. Then what you need to do is revoke all ACHs whether it be WS/CC or Delbert -- you can get a basic form from the sticky "Dealing with Unlicensed Lenders" and change it up to fit your needs and list all three entities in it as revoking ACH and wage assignment. If you need any additional help, send me a PM and I will help you put it together.

Sub: #2 posted on Thu, 08/29/2013 - 21:44

momofthree27 momofthree27

(Posts: 358 | Credits: 46.66)

Nancy, see my post about the State of NJ fighting CashCall/WS. et al.

Do not pay them a single cent more. Contact the State of NJ Department of Banking and Insurance. File a complaint, you will be contacted, I was. It takes a couple of weeks to hear back, and was advised to not pay another cent. Revoke the ACH authorization through your bank. The Attorney General of NJ is close to filing against them.

I filed a C&D with WS/CasheCall in June, and havent heard a peep from them.

Sub: #3 posted on Thu, 08/29/2013 - 22:12

Unregistered


This is the letter I sent to Delbert, Western Sky and Cash Call. Cash Call and Delbert are licensed in Florida so I had to word the first paragraph of the Western Sky letter a little differently.
.
After contacting the Florida Office of Financial Regulation and the Florida Attorney General 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.
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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.
.
I am offering to forgo pursuit of the overpayment amounts if my account is marked “Paid in Full” and closed.
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I am also revoking authorization for ACH withdrawals and any wage assignment I may have signed. This revocation extends to you, your assignees and partner companies and associates now and in the future. 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. I have also notified my employer and family that I may be the victim of fraud and to refuse to release any information to third parties.
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Please respond to this letter with acknowledgment that my account has been satisfied in full. In the absence of this letter I will pursue full reimbursement of overpayments and file complaints with the Office of Financial Regulation and the Attorney General.

Sub: #4 posted on Thu, 08/29/2013 - 22:31

Scubus Scubus

(Posts: 44 | Credits: 5.82)

Thank you. I am just reading through this now and am amazed at your help.

I will update you as I go along.


Sub: #5 posted on Thu, 08/29/2013 - 22:57

nancy_nj nancy_nj

(Posts: 4 | Credits: 0.67)

You are welcome and yes, please keep us posted on your progress!!

Sub: #6 posted on Fri, 08/30/2013 - 00:25

bingonut bingonut

(Posts: 1433 | Credits: 168.82)

Received this response.
Seems good but what do you all think
Thank you so darn much

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. Per your request you account has been moved to a cease and desist status and Delbert Services will only contact you via email moving forward. You will receive a letter in regards to your concerns about the legalities of you loan via US Mail. If you have any questions or concerns please contact our Customer Service Department at 888-983-3523.

Sub: #7 posted on Fri, 08/30/2013 - 02:21

nancy_nj nancy_nj

(Posts: 4 | Credits: 0.67)

This is the standard mumbo jumbo they send. Next you will receive letters from Delbert (instead of cashcall) stating that the loan is valid due to tribal protection, blah, blah, blah.

Sub: #8 posted on Fri, 08/30/2013 - 02:27

momofthree27 momofthree27

(Posts: 358 | Credits: 46.66)

Thank you :)

What should I do then ?


Sub: #9 posted on Fri, 08/30/2013 - 02:37

nancy_nj nancy_nj

(Posts: 4 | Credits: 0.67)

Ignore them.. They will send you lots of mail, trying to get you to agree to things, I am curious to how they will be worded.. Just remember not to send them anything back signed.. Delbert is who they usually use to collect - so we'll have to wait and see. It took me about 4 months for them to give up and send it to collections - then I sent them a Cease and Desist letter.. Remember we all all here for you.. :) when and only when they agree that you only owe them $1700 remaining on the principal and to your terms of repayment will you do anything and since that will be never - well you are in a better place now... :)

Sub: #10 posted on Fri, 08/30/2013 - 04:58

HelpinAZ HelpinAZ
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(Posts: 1873 | Credits: 288.1)

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