Online loans from Western Sky Financial and Cash Call

My friend David in the State of Florida was going through some serious hardship. So serious that 3 of his vehicles were repossessed and his electricity was turned off. The vehicles were impounded and the cost to take them out was a total of $12,000.00. His wife went into a very depressed time and was in bed for almost 2 weeks straight not wanting to eat because of the situation. He didn't want to see his family go through this situation and saw an advertisement on TV from a company called Western Sky. They offered him $10,000.00 cash advance with a payment plan of $743.49 a month @ 89% interest rate. David did not have any financial concept or understanding as to what this meant. He was under the impression that his payment of $743.49 was going towards the money he owed. After 3 months of making these payments his wife saw the statement and realized that the balance on the account was increasing tremendously instead of decreasing. She flipped and started to cry because she knew he had gotten himself into a much deeper whole instead of getting them out of hardship. She called me and ask for help. I informed that she should try investigating the laws in Florida regarding cash-advances because there should a cap on the interest they charging.. I know for a fact that hard-money can only go up as 18% interest in most states.. but I am not familiar with the laws in Florida regarding revolving accounts or cash advances. When Western Sky contracted David to give him the loan, another 3rd party company by name of Cashcall based out of California is the one that who is actually withdrawing the money out of his account every month. Why do they have two companies I'm not sure. So I duged a little deeper and found that Cashcall is a registered company in the State of California (C2210310 01/28/2001 ACTIVE CASHCALL, INC. NATIONAL REGISTERED AGENTS, INC) but Western Sky is not. At this point we don't know what to do to protect David's rights as a consumer or who to go to get help. He does intend to pay the money back, but he wants a fair and decent amount to go towards his principal. I think at this point he's getting ripped off. Can you please help David? Regards, Claudia

How do we act on protecting David's consumer rights and how do we help him avoid getting ripped off?

—Claudia Torres

I am sorry to hear of your friend’s predicament with Western Sky Financial and CashCall. Going further into debt with what most of us would consider usurious loans, like those offered over the internet, offer a temporary measure to fill a cash gap, but are more akin to digging a deeper financial hole. But I get the reasons people will treat the loans as a life line.

 

I have followed some of the different developments with payday lending, offshore online lending, and so called tribal lenders. I have not kept up with recent events in this area of the debt markets. Your question gave me an opportunity to read up on a good 6 months of developments in the courts and elsewhere.

Western Sky Financial is operated in South Dakota.

Western Sky Financial appears to be operating from the Cheyenne River reservation in South Dakota. The same people operating Western Sky appear to have ties to several other online loan operations: Payday Financial Big Sky Cash Lakota Cash Great Sky Finance Four Seasons Cash Red Stone Financial.

 

Why is their location of any importance? The amount and rate of interest Western Sky Financial, and other payday and internet loans charge, are illegal in many states. The argument Western Sky Financial is making in courts around the country (in order to defend court actions brought by state, federal, and individuals), is that they are tribal lenders. Having caught up on some reading as a result of your question, that argument does not appear to be going to well.

How to Deal with illegal online loans.

Taking out online loans from Western Sky, or any of their other entities, does result in getting money. Anyone taking out this kind of usurious loan is likely doing so because:

  • Your credit score is too low to qualify for traditional loans.
  • You are maxed out on credit cards.
  • Your debt load is too high to get additional credit – even with a good credit score.
  • Like your friend Dave, these loans are only considered when there are immediate hardships and expenses to cover.

My point is, you need the money at the time, found a way to get the money to fill the immediate cash void, and use the loan to get by. As screwy as this is to point out when talking about an online loan that will likely be found to be illegal in many instances, Dave got the money and used it to get by. He may regret the decision later, and learn that there were problems with the loan being made to him as a Florida resident, but what to do about the fact that he got something from Western Sky Financial?

 

Some options for Dave to consider when compared to how others have talked about handling repaying, or not repaying Western Sky Financial would include:

  • Closing your checking account payments are being auto drafted from.
  • Making payments to Western Sky Financial, but only in the amount you can afford, and up to the principal of the loan.
  • Contacting the Florida financial regulation office where you should learn that Western Sky Financial is not licensed in Florida, and file a complaint they can investigate: http://www.flofr.com/PressReleaseDetail.aspx?id=4228

There is an active lawsuit filed against Western Sky Financial by the state of Florida.

If your friend stops making payments to Western Sky Financial and closes the bank account any payments may have been being drawn from, he will need to be prepared for some blow back from either Western Sky Financial, or CashCall, or both. Collection calls and letters are to be expected. It is clear from what you shared that he cannot make the payments, and to do so even if he could, would be paying usurious interest to what is likely an illegal lender in Florida.

 

If it were me in Dave’s shoes, and I had the money in my budget to pay back something toward the loan every month, I would take a businesslike approach and contact Cash Call and Western Sky to let them know I will only be paying xxx.xx amount each month until the principal is paid. If I did not have the money in my budget due to further setbacks, I would wait and see if things turned around financially and then make an effort to pay the principal, or settle with CashCall or Western Sky or less. If finances remain tough, it may be time for Dave to speak with a bankruptcy attorney. If Dave is at a place where vehicles are being impounded, and power cut off, it may be time to consider his options with bankruptcy now, rather than later.

 

Anyone with questions about Western Sky Financial, Cash Call, or similar type of online loans and payments, is welcome to post in the comments below for feedback.

 

1/10/14 Updates to this reader question can be found throughout the comments below. A comment posted by Carol contains a link to more detailed information for Florida residents dealing with Delbert Services, Cash Call, and Western Sky loans. I replaced the previous link to the Florida action against these companies with Carol’s.

 

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Comments

  1. I too was in a financial pinch and accepted a loan from Western Sky where they immediately forwarded to Cash Call. My loan was for $1,500 but I only received $1000. There was an “upfront fee” of $500 for the account. To date I have paid back almost $1,400. At this point I am going to stop making payments.

    • I live in state of alabama. What is the laws pertaining to western skye and online lending such as castle payday

      • Monique says:

        Do you know the policy for Alabama? I got a payday loan from Western Sky which was then sold to Cash Call now Delbert. I paid $198.19 for several months on $1000. They charged me $1500, $500 towards a fee. I closed my account after paying for several months without the balance decreasing. Delbert Services keeps calling trying to settle. But they still want $1000.

        • Same thing. I had a 2600 dollar one. Letter today says principal 2520. Been paying since 9-14 295. I was in the hospital and they asked my coworker what room and if she would transfer. Later my took the call and they said it was personal so they asked when I will be out cause they need to talk to me. She asked they wanted to leave a message. I never had the, auto drafting monthly, i let them know to take when wanted them to get one time auth. So they have gotten way over principle. I have sent a letter to attorney general office and consumer financial today. Hope we get something done.ł

    • Are these loans legal in Texas….I have been trying to find out but I haven’t been able to…any suggestions as to how I can proceed

    • Lorretta says:

      I took out a loan with Western Sky and paid them back. I again took out another loan, but this time it was more a month to pay them back. Then one day Delbert Services called and said they would be taken over my account because Western had so many other clients. Sounded reasonable. Well, like all others, my payments didn’t go towards the balance. So I continued to pay, but then I searched Western Sky and it showed all the trouble they are in and about the tribal thing not be true. I contacted the Nevada State Attorney’s office and then the Financial dept. The told me that Western Sky, Cash Call and Delbert Services had been taken to court. After taking to them, I decided that I had paid back my loan and then some . I contacted them by e-mail telling them who I had talked to. I called my bank and had the payments stopped, I which time they told me Cash Call was one of the ones taking money from the account. So both were stopped. I then received calls from Delbert Services and I told the rep what I had discovered and who I had called. I received some more e-mails from Delbert, but each time it was from another person who was now handling my account. I told them to go ahead and report me to the credit people if they like, but If I continued to be bothered, I would get back in touch with the State Attorney’s Office. I also told them that there was an article in Las Vegas about them and the document called them a respondent in the case. Western Sky had to cease and desist. I probably would have continued to keep paying the loan hadn’t I done some research and spoke to the Attorney’s office. The document stated they could not garnish your salary. So I hope this helps.

      • Hello sir I enjoyed reading your report on Delbert services. I am in the same situation however I live in kentucky, does Delbert have the legal right to collect on the debt from which I signed a contract with Western sky? Western sky interest rate on my loan was predatory, and I was desperate. Do I need to continue to pay Delbert now that they have taken over the account of western sky?

        • I too borrowed from Western Sky ($2,500) and have made 16 payments of $294 and have no idea how to find out what the balance is so I can try to pay it off. I have paid over $4,700 so feel like I should no longer have to pay this. I don’t know what to do. Should I contact my bank and stop payments. Close my account and reopen another with a different bank? I live in Nebraska and do not know where to turn. I was in a desperate situation due to medical bills.
          Thank you
          Gary

          • Jessica says:

            I sent a certified letter stating to no longer bill me, went to my back and stopped all payments, filed complaints with Consumer Trade and BBB but to no avail. The company responded stating they stand by their decision and will not stop trying to issue payments. Does anyone else have any ideas? I live in Austin, TX.

            • Michael Bovee says:

              Did you ever reach out to Amy at Hill Country Law in Austin?

              • Jessica says:

                Michael,

                No, I haven’t heard about her until now. But I definitely will. Thank you!

                • I tried to reach out to Amy, but she has not contacted me back. Has anyone had luck in the state of Texas??

                  • Michael Bovee says:

                    I sent you an email with contact details to another Austin consumer lawyer with payday and micro loan experience. Let me know how that progresses for you.

                    • Is there anything that can be done in New Jersey? Were to call of who to contact. I’ve paid this loan religiously for one year. When I inquire about pay off balance. I owe more than what I took. HELP!! I’m going crazy.

                    • Can you please send me the info for the lawyer in Austin. I also have a bad loan with them from Texas.

                    • Michael Bovee says:

                      anna – Check your email for that information.

                    • Lorena: I too am in the same predicament and have yet to hear anything from the AG about what NJ will be doing relative to taking legal action against these scammers–I have paid the entire amount I borrowed and interest and then contacted the Department of Banking and stopped making payments and closed the ability for who ever they are at this point–Delbert, Cash Call….
                      Best of Luck especially since our bordering States have already taken Legal Positions that favor the scammed borrower….
                      Joe

                  • Tami Larsuel says:

                    I also took out a loan with Western Sky and now Delbert Services has been getting my money. The interest rate is 139% that is not even heard of and now they have mark my credit report because I refuse to pay any longer. What should I do?

              • i also took out a loan. I could use any information dealing with western sky. Thanks

    • I had two loans with Western Sky in New York State. I paid them both off relatively quickly, one in five months and one in five weeks. Still I paid almost 3 grand in interest. I received a claim notice from a settlement fund and was told I am entitled to a refund. Anyone else receive this notice and if so have you received a refund?

      • Leonard Fair says:

        Yes I have received letter from NY attorney saying I’m eligible for refund, filed claim two weeks ago..no refund yet ..say it can take a month before they review. .

        • Hi,
          I live in NJ , I had a past loan paid off with cash call and current one will be finished in 3 months….high , high interest. Am I entitled to refund?

      • Torrinio says:

        Does this only apply you guys in New York? If not, where can i go to file for a refund. I live in Arizona and I know Arizona State bands these type of loans. I had to loans with Western Sky and the paid both off in full with 118% percent interest. Interest on the second loan was paid at almost $4000 and I know the first loan was more. Please tell me where i can go to file for a refund.

        • Danielle Connell says:

          I also got a settlement notice from Western Sky. I believe this settlement is only for those of us who took out loans with them and live in NYS. I can’t locate the original loan agreement but what i do have is an e-mail requesting a password change, that contains the original account number. My question is if Western Sky and Cash Call are the same company, can i submit the loan agreement for Cash Call also?

  2. John Tetreault says:

    Western sky is actually a front company for Cash Call…. You think you’re dealing with western sky on an Indian reservation, but reality is the entire process, from origination to underwriting to servicing is handled by cash call. None of the activity happens on reservation. It all happens in California…. Even western sky’s web server is colocated with cash call’s in California.

    Emails concerning your approval…. Yup cash call in California. They accidentally slipped and said cash call when I was getting a loan from them..

    They will tell you that they ‘sold’ the note to cash call, but the reality is cash call handled it all from the beginning.

    I believe this fact is the key to suing them successfully. Since it wasn’t on reservation they lose any protection they thought they had. Look in the email headers from them… You’ll see cash call’s servers.

  3. Michael Bovee says:

    Interesting update on Western Sky Financial out today. They will stop funding loans as of September 2013. More about this at: Payday Lender closes up.

    • Are they ledge in Georgia

      • Michael Bovee says:

        Alice – If you are asking whether Western Sky or Cash Call are legal in Georgia, I believe online lending is not. You should check with lending licensing and regulation departments in your state.

        • Michael, what about California? Cash Call in California? i have heard about the law suit to all 3 of the names mentioned in previous comments. I got a loan in July of 2012, been paying $486, and somehow its still at $5000. I’m tight on money, going thru a divorce. I can’t pay them anymore. That alone is already about $11000.

          • Michael Bovee says:

            I do not see the CFPB case in California federal court being resolved this year. If you cannot afford the payment any longer, it is what it is. I personally would not put my families needs in jeopardy over a loan like this (or any loan). You make the decision to stop paying and deal with things from there.

            Do you have any credit or financing needs in the next 6 to 12 months?

  4. I have a $850 (of which $350 was an origiantion fee) loan originated by Western Sky, transferred to Cash Call immediately and recently transferred to Delbert a few weeks ago. At this point I have paid over $500, which I believe would be the principal. Since they transferred the loan to Delbert, with all that is going on, am I still responsible for the remaining usurious interest? By the way, I am in Michigan.

    If an online lender is not licensed in Michigan is the loan legal?

    Thanks,

  5. We have a similar situation here in New York State: http://blog.timesunion.com/capitol/archives/192587/cuomo-cracks-down-on-payday-lenders

    These loans are void and unenforceable. I had two, closed my checking account, and have only heard from Cash Call, via email. I will not be contacting them, as in New York, loans under $250,000, made by non-bank lenders, with an interest rate exceeding 16%, constitute usury and are illegal. If they are sent to collection, debt collectors also received written communication from the Governor’s office they are not to collect on these debts for the same reason.

  6. I have also sent complaints to our Attorney General’s office as well as the Department of Financial Services.

  7. alex zentz says:

    I get a loan from cash call and sign all the papers that they send me. Now they want me 2 sign a paper 2 have them take out from my bank with dsc(delbert services corporation) I have ask them 2 send me the papers. To see what im signing the only than they have send me is a paper 2 me 2 sign for them 2 take money out my account.

  8. alex zentz says:

    Before it was cash sky taking money out of my bank, and now some how my loan not with cash sky? Its with DSC( delbert services corporation). Does any one now why?

    • Westernsky and cash call have shut down and delbert is collecting illegally. Close the account and don’t sign a new contract that will make you responsible.

      • Kelly B says:

        Since when did Cash Call shut down?

        • They are still issuing loans and making collection calls, so is this accurate?

          • Well i see the Better Business Bureau just slammed delbert services so why aren’t they doing the same with cashcall?Makes you wonder!!!!!!!!!!!!

            • Jetrue Hudson says:

              I am in Texas is this better business bureau in Texas?
              Wondering what my rights are, started out with Western Sky and now Delbert has taken over??????????????

              • I am seeking all Texas residents who have taken loans from Western Sky, WS Funding, CashCall, Inc. & Delbert Services — I just filed a complaint with the CFPB (Consumer Financial Protection Bureau) and found a complaint that has been filed in Washington DC. There are several states that were included in this complaint but Texas was not one of them. In all the research I have done, I find the exact procedures done in the states included in the complaint identical with what happened to me. We need to unite and file a complaint with the Texas Attorney General and all of us file a complaint with the CFPB and then pursue a class action lawsuit….The only surviving member of the trio is Delbert. All entities are owned by the same person and all are illegal. Texas has a cap on interest for installment loans which is what we all got from these entities….they are not payday loans. I believe the cap in Texas for installment loans is 16% but need to do a little more research…not quite sure. Whatever it is, it is way below what Western Sky charged. Western Sky has never been licensed in Texas & it was function as a tribal lender when in fact it was not following any of the guidelines so all these loans were made under fraudulent circumstances and we are not liable for them. Please read the complaint on the CFPB website and get back to me via email: [email edited out]. Stop making payments; close your account; send letter to Delbert that you will no longer be making payments & file complaint with Texas Attorney General & CFPB– website is consumerfinance.gove/newsroom/cfpb-sues-cashcall-for-illegal-online-loan servicing

                • Linda T says:

                  Emma, I just found your response and would love to be a part of this. Unfortunately the forum blanked out your email so if you would like I will give you mine in a special format and hopefully it won’t blank it out. Please email me asap. I look forward to hearing from you.

                  yankcg
                  @
                  aol.
                  com

                  • Michael Bovee says:

                    I remove email addresses in the comments of the site from time to time.

                    • Thank you all for your responses. They have been very helpful. My story with Western Sky then immediately Cash Call began in July 2012 when I received a loan for $2675 but received $2500. After making payments for over a year of $292/mo….I was done…if a payment was a day late there were calls to my home and cell that forced me to turn off my ringer and blacklist all the numbers..finally I told them not to contact me by phone or email…only by U.S. mail…they later sent settlement offers..that is when I became courios and visited several sites and saw the lawsuits from several states and CFPB…the last communication I received was by letter from Delbert.. I told them what I knew demanded no further communication , threatened them that since I received more than 400 unwanted calls that I will pursue further action..I did not hear back from them. I am in Mississippi and to my knowledge there is not a class action filed by our Attorney General…I have paid over $3600 on a$2500 principal in a year…and just stopped…it was senseless….anyone with any further advice or suggestions?

                • Jessica says:

                  Emma–I am from the Austin area and I would like to be a part of anything that can help Delbert/CashCall get shut down. Their interest rates are ridiculous! I’ve already filed a complaint with BBB and Consumer Trade.

                  • Jessica, I sent a reply to the email you sent me. Have you heard anything from the Consumer Trade or BBB?

                    Thanks

                    • Jessica says:

                      Linda: the only thing the BBB has sent me so far is an email stating they’ve forwarded my complaint to Delbert and to await a response from them.

                    • The BBB has finally responded with an email: they’ve enclosed a response from the company (Delbert) which states that they fully informed of all interest rates, an amortization schedule and that I never indicated that I didn’t understand the terms. I am positive that I never received information on the amortization schedule nor was I told that there would be two interest rates (which Delbert claims is false). I am, of course, refuting this but if anyone has suggestions, please let me know!

                  • Yep me too. Tonight

                • I received a 2500 loan from western sky and I had no idea that I would end up paying almost 20,000 back if I paid the monthly 379.00 payment for three years. The loan was quickly turned over to Cash Call. I stopped the payments being debited from my account and then the collections started. Cash call has sent it to the credit bureau stating that it was sold to another lender. I called cash call, they said to call Delbert and Delbert said to call Pacific estates. Pacific estates will only answer with voice message and states that they or one of their partners will contact me. I will dispute this on my credit because I believe it’s illegal, it has to be in Texas.

                • I aminquiring about a suit or issue with sky financial institute I took out back n September of 2012I am from Texas my name is Kenny just trying to find out some more information about that I didn’t read the page that you threaten me too and I’m interested in trying to pursue this I’m going to a gay shin the tourney calling me and telling me they’re filing suit with the district attorney in my county and I need to see what I can do to cease and desist the suit what I would need to do

                • Evening, I’m from Dallas , Texas and I took a loan last year for $2800. I was paying $294 a month. I paid $3528 plus $500 in origination fee for a total of $4028. I was frustrated because after a year of paying $294 I still owed $2743. I went ahead and paid it all off after taking a loan from a family member. I would love to participate. Please email me back.
                  Roy.
                  Coon
                  @
                  Gmail.
                  Com

                • Count me in one the Delbert complaint in the state of Texas

                • I would like to get more information also. Took out s loan with them also. Big mistake

                • I, too, am from Texas. I took out a loan with Western Sky, then it was through Cash Call. I paid over a year on the loan. I never got a statement or anything. I paid four hundred something a month on a 1200.00 note for over a year. Finally my boyfriend offered to help me get out of that hole, and I was shocked at the interest rate I was being charged. I had paid for over a year – yet when my boyfriend paid it off for me – it was still more that what I even borrowed!!!! So yes, I would like to complain as well.

                • Emma, count me in one Western Sky Financial, Delbert and Cash Call complaint in the State of Texas

  9. I have been doing extensive research into this situation, as not only do I have a loan out with these 3 (originated with Western Sky, then moved to Cash Call, and now to Delbert Services), but also a family member has one too. Online payday loans are illegal in my state. I have cancelled ACH transactions from my account, written cease and desist letters, and filed with our state banking committee. So far, Delbert has been quiet since doing this. Just waiting for the next ball to drop. Any updates or more information from anyone would be appreciated. How about a class action against the 3 conspirators?

    • I have filed a complaint with my state dept of banking,as well as the ftc and cpbb i got a response back from the cpbb and delbert services response was there research has determined that the loan is valid.I disagree with there assesment and the cpbb stated they have started an investigation.They further contend that the actions by my state against cashcall and westernsky does not affect there ability to collect on this loan.My state dept of banking has enforcement actions against westernsky and cashcall.I don’t know why they aren’t going after delbert services at this time.My loan originated with westernsky then sold to cashcall now delbert services.As far as i know none of them are licensed in my state of pa and these type of lenders are illegal in my state due to not being licensed and the interest rate charge exceeds the amount allowed by state law.So my question is how can delbert services say the loan is valid?

  10. I too took out a loan through western sky which was transferred to cashcall and now delbert services. I live in the state if Virginia and am leary to pay another dime. Is this legal in Virginia? I have paid over 8,000 on a 5000 loan. Any advice is appreciated.

  11. I took a loan with Western Sky almost a year ago. Cash call did all the leg work and after the initial phone call I never dealt with Western Sky, as of yesterday their website is not working, just a message about being unfairly shut down by the government. I tried a debt resolution company, but cash call is not an eligible loan. After reading all of the above I am going to close my account and check the laws in Colorado. Any help or direction would be great.

  12. Tracy Edwards says:

    I too have a loan with Western Sky/Cash Call. Two two weeks i began getting calls from this 888 number…didn’t answer because i was not familiar with number initially. Then finally i answered last week and was informed my load was sold to Dilbert. I informed them i was not sharing personal information and to not call me anymore. However, this week i received a number of calls again. Today, I decided to take the call again and they wanted me to sign to paperwork. I told them I was not signing any paperwork, nor giving them any personal information. They asked if they could send an email, I told them that was fine. However, the gentlemen said that last week but I never received anything. I also informed them I would be sharing this information with an attorney and hung up the phone. Based on the comments and responses I’ve seen here, I will close my account today and figure out my next move – unless you all have some suggestions.

    I will also take some previous advice mentioned above and check the state laws.

    • I borrowed 1k from western sky and have paid them over 1200 in the past 7 months. (what was deposited into my checking account has been paid) I went through the same issue regarding the loan was initially with western sky, then cash call, now delbert services. They attempted to get me to sign permission for them to continue drafting my checking account. IN which I declined. You don’t have to close out your checking account. just send them a revoke of ach authorization letter via e-mail. According to EFTA regulation E, you only have to notify them within 3 days of the scheduled payment and it must cease. I have stopped paying them in September and requested they submit me in writing a breakdown of my account. I have not recieved anything. I submitted a complaint with my state banking and financing division along with the federal trade commission. They attempted to send me a special offer to bring my account current in which I declined. I also had to send them a cease letter from multiple calls. I request to only be contacted via e-mail. I have not heard anything from them since. That was the end of last month.

      • Michael Bovee says:

        Thanks for posting your experience Danny. It is unfortunate that sometimes the ACH revocation of authorization does not always deliver the result it should. But it is getting better when it comes to payday and online loans.

        For all readers: As of today the CFPB began accepting complaints on payday loans. You can click on the payday tab on the CFPB complaint page here: http://www.consumerfinance.gov/complaint/

  13. I too took a loan with Western Sky Financial. $1500 but they took $500 for their “Fee” back in May 2013. Not even three days later it was “sold” to Cash Call. I paid them online only a couple payments of $198.19. I started to get calls from them wanting my bank info to ACH. I told them no, that I would pay thru thier website. After a few days, they kept calling and finally just blocked the number. A week later, I get an email from Dilbert Services that my loan was “sold” to them. They have called me constantly. I did a little research and found that when I got the loan, it was illegal, but that Dilbert Services is licensed to do business here in NC. My friend/lawyer from the past told me to stop paying and wait to see if they take me to court. I am judgement proof, so they cant really do anything to me. I havent sent anything to stop them from calling yetn but I know I need to. They have sent me a letter wanting me to sign to lower my payments and gave me an amount of $1367, and that is not the payoff amount.

  14. I too have a western sky loan that was immediately transferred to Cash Call and most recently to Dilbert. It originally 5K and my payments are 486 a month. I have made 16 payments or 7776.00 on a 5 K loan. I took this out in May of 2012 , first payment in June of 2012. Does NJ have a usury law? What are my options? I have been getting calls from Dilbert on my cell phone however I have not spoken with anyone and they do not leave messages. This is an ACH on the first of the month. any and all advise would be greatly appreciated !!!!

    • Michael Bovee says:

      New Jersey caps interest at 30% and typical payday loans are not legal in New Jersey. Having paid close to 8k on a 5k loan would suggest you were charged more than 30%. If it were me, I would cancel the ACH, but call the NJ department of consumer affairs about your options first.

      • Thanks Michael for your reply ! I did sent the cease and desist letter and got the same form reply that the loan is valid. I am working with an investigator with the state of NJ AG office as they are preparing a case to file against them. I urge all NJ residents that have one of these illegal loans to contact their office !!! I bank with TD bank, how do I go about blocking their ACH withdraw if Delbert does not have my signature permission to withdraw? Can the bank deny the transaction ? I hate to have to close out my checking account. I have several of my bills set up for auto pay thru them. Any advise would be greatly appreciated
        DD

        • I know it is a pain to close your current checking account and open a new one, but, the extra work is worth it. I kept my same banking institution and they were very helpful with making the transition. I pay all of my bills with my checking account and only managed to miss one, and now I don’t have to worry about those thieves having access to my money. Delbert, itself, may not have your signed authorization to withdraw funds, but, they, Western Sky, and Cash Call are one in the same, so they’ve got what they need to do the ACH withdrawals.

          • Hello Tina,

            I also have a loan with Western Sky which is now Delbert, when you closed your account and opened a new one with the same bank, did Delbert ever access this account?

            • Shanae, No, once I stopped the ACH withdrawals on the original account, they couldn’t touch my money. However, to be extra secure, I closed that account. Even though I’m still with the same bank, Western Sky, Cash Call and Delbert have not been able to have access to the new account. I did get a couple emails from Delbert months ago. I responded with the text from the AG’s office regarding the illegality of these loans, and I’ve heard nothing from them again. However, the have put negative information on my Experian Credit report. I called the Attorney General’s office over the weekend and left a message for a call back. I need to have this information removed.

              • Hi Tina! I’m in the same boat in Ga! I’ve already sent 3 disputes in the last 3 months; all with different court documents from (FL and GA — both places I have lived.) I have also filed with the Attorney General’s office in both states. Experian won’t remove the information.

        • Michael Bovee says:

          Double D – I am with Tina. But it would be worth calling TD bank first and talk to them about their ACH cancellation policies.

          Earlier this year there were several reports about banks being part of the problem when they continue to process ACH payments related to illegal loans. Chase and BofA commented about making changes to their policies. TD bank may have set up their own policies in this regard. Having said that, I have also seen too many instances where an ACH payment that was cancelled, was processed anyway, causing over draft and other problems for people. The time you invest in setting up a new account is worth the piece of mind.

          • At the risk of jinxing myself, I sent a C& D letter to Delbert and received the standard form loan is valid letter. In November I DID NOT get the payment do email that they normally sent our about 5 days prior to deducting ! AND they did not take a payment out of my account on December 1st ! …stay tuned folks ! I am sure I have not heard the last from them, however for now no more bleeding my account !

          • Hi Micheal, is there a link you can provide regarding Chase policy on processing payments for illegal loans?

            • Michael Bovee says:

              Nikki – I do not have a link to offer. Have you talked with Chase directly about any concerns you have?

              • Yes, I disputed 3 transaction on my account from cash call and delbert( the other payments were made on an account that is now closed) in early February. The money was placed back into my account and as of today there has not been any addition contact from Delbert or cash call regarding the disputes. I did send Chase a copy of the letter from my state’s AG office advising that the loans were illegal and banks should not honor any EFT from such lenders.

                • Michael Bovee says:

                  Nikki – Was Chase on notice, or were there prior disputes regarding EFT’s for the loans (prior to Delbert Services, like with Western Sky or Cash Call)?

                  • Not the I’m aware of, when I was speaking with the representative I just asked if I could dispute charges presented to my account from a company that my state deemed to be illegal. He basically stated that it qualified as a disputable claim. I may call them today and ask them if I can dispute any of the previous charges on the closed account.

                    I’m not trying to get all of my money back but if I can get most of it back outside of the principle and the allowable interest rate for Indiana then I may go that route.

                    I did have an additional question, I monitor my credit reports for Experian and Equifax. Since I’ve stopped paying Delbert I get indicators that my account information has changed, however the account info still states current for them. I know some individuals stated that Delbert is putting negative info on their credit reports. Should I assume that Delbert is listing non payments on my credit report even though it does not state past due? I’m kinda of confused I plan to call the credit reporting agencies for clarification.

                    • Michael Bovee says:

                      Nikki – I would be somewhat surprised (but not shocked) if a glitch recurred with your Chase accounts that are open. The closed one, if payments were processed more than 60 days ago, would be interesting to learn of payments credited back.

                      It sounds like Delbert Services is showing as current on your credit reports (not 30, 60 etc, day late. So… nothing to be concerned over – until there is.

                      It is a bit of a contradiction – the credit reporting. New York is getting this right, but I am concerned for others, in the same way Rocco eludes to. How is it that loans deemed illegal are allowed to remain on a credit report at all?

                  • Nikki if you don’t mind me asking what state are you in.iam having a problem with my bank (credit union.)There telling me i have to put a stop payment in which would cost me money and they told me they can still come in using a different name even though i have a stop payment in and take out the money and that there is nothing they can do.I was under the impresion that this operation choke point from the feds where suppose to stop this.I have sent and email to stop ach withdrawels to delbert but iam waiting to see what they do.

                    • Hi Rocco,

                      I’m in Indiana. I think that is odd that the credit union would continue to honor payments that you have specifically advised to stop processing. Another thing maybe that I’m dealing with Chase and not a credit union. I was not charged for my dispute claims but was advised that if Delbert does at some point question the dispute Chase could pull the money back out of my account. After I sent the stop ACH payments to Delbert the sent me back an Email stating they would do so, and that was in February.

                      I do want to correct one statement I did get an email from Delbert services (in my junk folder) say that the bank had returned some payments, and I now owe them return check fees good luck with that lol!

                    • Hello Nikki, well i would close my account but they told me i can’t because i have my car payment though them they won’t transfer it to another account i guess iam going to have to hang in there till my state goes to court.

                    • Although i did find an lawyer that is really interested in my case he wants me to wait and see if they try an take out the debit then he said we can proceed from there.

        • Hello Michael ,
          Do you have any updates on NJ with regards to Westersky/Cashcall/Delbert?
          I did a C&D letter in Nov. and they did stop ACH payments. I hadn’t heard anything from them until today ! They sent a letter offering to lower my 115% interest to 89% ! still way above the usury law of NJ !! I have ignored so far and have not responded. they also state I have a balance on a 5K loan that I have already paid over 8K on ! any advice would be greatly appreciated !!! Is there an active case pending with the state of NJ?
          DD

          • Michael Bovee says:

            I do not have an update on any additional happenings with Cash Call and Delbert service in NJ. Hopefully there are other readers in New Jersey that are subscribed to the comments who can weigh in with anything they know.

            • Not feeling very confident in the great state of NJ. I just spoke with someone in the AG office who stated NJ is not following up with the payday loans they recommend filing with with CFPB. So I just did that. I was dealing with an investigator in the NJ banking department that I was under the impression was dealing directly with the AG of NJ…I guess I was wrong ! any one in NJ file a complaint with the CFPB? Also how can we flood the AG office with complaints so that hopefully they will follow our neighbor NY and stop these predators !! any advise would be greatly appreciated !! I have paid them 7776 on a 5K loan ! enough already !!

              • Double D says:

                Hi Michael
                Any advise re this email would be appreciated ! I did fine a complaint with the CFPB on 2/27 and they are investigating. I also had an investigator with NJ div of banking that I was corresponding with, however I have not heard any thing back so I called the AG office myself and they were advising to file with CFPB …
                Total Amount Due: $7,126.00

                This is your opportunity to save up to approximately $28,547.96 on your loan serviced by Delbert Services. Currently, you have 67 monthly payments of $486.58 remaining on your loan, which adds up to $32,600.86. We want to resolve this matter as quickly as possible and avoid further action, so we are proposing the following settlement offer:

                � One lump sum of $4,052.90, due and payable on or before March 14, 2014. This is a 20% reduction of your current principal balance and would result in a savings of approximately $28,547.96.

                Or:

                � 10 payments of $506.61, beginning (no later than) March 14, 2014 and continuing on the 15th of each succeeding month. This would result in savings of approximately $27,534.76.

                Or:

                � 1 payment of $253.31 no later than March 14, 2014 and 1 payment of $253.31 no later than March 28, 2014 with continuing payments of $506.61 no later than the 15th of the next 9 succeeding months. This would result in savings of approximately $27,534.76.

                NOTE: If you fail to make each monthly payment on time, the terms of the settlement will be null and void and you will be responsible for the full amount owed.

                If you do not call our office on or before March 14, 2014 to accept this one time deal, this offer will become null and void. We are not obligated to renew this offer. If you need additional information or want to inquire about other payment plans, please contact this department at 877-983-3523 ext. 6583.

                Sincerely,

                Margie Bustamante
                Delbert Services Corporation
                877-983-3523 ext. 6583

                so do I respond that I have a complaint filed against them with the NJ AG and the CFPB or just ignore them ???
                HELP !!
                Thanks !!

                • Michael Bovee says:

                  Double D – I can offer my feedback based on what I would do if I were in your position.

                  I would not take any deal – having paid all of the principal back, and then some. I would not do anything at this point, but wait out the responses to complaints filed with the CFPB.

                  • Double D says:

                    Thank you Michael ..
                    your advise is much appreciated ! They did ding my credit with a 30 day late. But I am willing to wait them out and see where this goes !
                    anyone else in New Jersey having these same issues with WS/ CashCall/Delbert ???

                    • eberechi says:

                      yeh, and it has been rough i took out 2500 to pay 4800 since 2012? COME ONE NJ

                    • Hi,

                      I am also experiencing hardship with Delbert (previously with Cash Call) – last year (April 2013) I took a 10K loan and have been paying only interest, $743.49 a month – not even hitting the principal. I saw a commercial on tv for Pay Day Support Center – where they perform Validation services – “validate the amounts that the consumer’s pay day lender(s) allege are owed;” “this process involves PSC sending letters to various pay day lenders on the consumer’s behalf that request, among other things, information to verify the consumer has not overpaid their loans, has not paid an illegal or improper amount of interest in connection with said loans, and that the lenders are legally operating and licensed in the state and locations they serve.”

                      Has anyone used this service/advise against it? Please let me know!

                      Thanks in advance!
                      Luke

                  • I took out a loan in August, 2012. Have made every payment on time since then. I just noticed that I borrowed $2500 & owe more than $2500. I have stopped making payments as of 5/1/2014. Can you tell me what Texas’ stand is. I have been doing some research but can’t seem to find anything concrete. We have a strange situation here in TX. I live in El Paso, TX and El Paso has established some stricter ordinances against payday/title, etc. loans. Also, we have a HUGE conflict of interest that exists here in Texas in that the overseer of these types of loans is involved heavily with Cash America. So, how would I go about getting the Texas AG to file a lawsuit against Westernsky/CashCall/Delbert or how would I go about getting a class action lawsuit going. Any information will be greatly appreciated.

                    • Emma,
                      I am currently going through this with CAsh Call and live in Texas. First things,

                      Was your loan a pay day loan or was it an installment loan? Cash Call/Western Sky does both. You need to find out. If it was an installment loan, it falls under different guidelines and laws than a pay day loan. One being the fact that the interest rate is capped in the state of TX on installment loans.

                      Mine is an installment loan. From all that I can find, I have all of my Western Sky/Cash Call emails. Emails and articles that I have read state that any loan that came from this Western Sky is an illegal loan regardless of what state you are in because it came off the reservation. Also, Cash call was never licensed to do loans in the state of Texas only mortgages. From what I can tell the loan is null and void. I am currently sending a cease and desist letter to Delbert Services (I think that is probably who has yours now). Everyone I have talked to is saying to be sure you have paid the principal back (which after all this time I am sure you have) and stop the ach entries on your acct. Many people are saying to close your acct and open a new because they just change the amt and the company it is coming from..that way you can be sure they can’t get anymore money. You will need to google the type of letter to send to Cash call/western sky telling them that the loan is illegal and that you have paid your principal and you want a paid in full letter from them. I don’t think you will be successful in getting anyoverpayment of interest back, so probably not worth your time. That is all I know as of now. I am about $800 shy of paying the principal right now on my $5000.00 and will not pay them a dime more. I will only deal with Cash Call. I need to find the information to send them about the loan being illegal.

                  • Michael, I’m doing that. I sent consumer complaint. I sent attorney general. I have not shut account since I do t let them autograft. Or should I anyway? How do I stop them call the hospital on my job 20 times daily

                    • Michael Bovee says:

                      If they do not have access to your bank account, closing it would likely not be necessary.

                      You should be able to tell them that all calls at your work place are inconvenient period. If you have already said that over the phone or in writing, speak with an experienced FDCPA violation attorney about how to take them to task for the continued abuse. You can locate an attorney with the experience you need through http://www.naca.net and many listed there will take your call and consult initially at no cost.

                • a year ago i took out a $5000.00 loan i repaid $2900.00 then i got laid off for a month i found out this type of loan interset rate max are 30% per year they said it was there mistake they would fix it! they sold the loan the next day i stopped my bank account changed banks have not paid them a dime i file a complaint with new jersey banking never got any reply, i demanded they stop calling me and email me! they have!
                  but on my credit report they filed nonpayment complaint! i disputed this but it still on my credit report!

                  • I read somewhere to file complaints also to the credit reporting angencies and dispute, the lady said the removed it.

    • NJ IS TAKING ACTION!! This is a letter I recently sent. Also send the same to the NJ Division of Banking.

      New Jersey Office of the Attorney General
      New Jersey Division of Consumer Affairs
      Eric T. Kanefsky, Director
      PO Box 45027
      Newark, NJ 07101

      Dear Mr. Kanefsky,

      My name is ———and I am writing you today as I believe I have been the victim of usury interest. On April 18, 2013, in some financial desperation, I regrettably took out a $10,000 loan with a company called Western Sky Financial. I had taken a loan out with the same company once before for the same amount and repaid it within a month. Western Sky financial immediately funded and then sold the loan to a company called Cash Call. Shortly thereafter the loan was sold to Delbert Services. I was contacted by Delbert Services in early October, 2013; they demanded that a sign a new ACH withdraw form in order for them to debit my checking account for future payments. As of that date, I had not missed a payment. The demeanor of the representative on the phone from Delbert Services was demanding, harsh and persistent. I did not sign a new ACH form and advised them not to contact me telephonically again.

      I am in receipt of a letter from Delbert Services (attached EX. 1-7) dated October 7, 2013 indicating that I disputed this debt which is not the case. Upon receipt of this letter I began to do some research. First I learned that Western Sky had been shut down. Then I learned that although Western Sky Claims to be operating under the laws of the Cheyenne Indian Reservation in South Dakota that in all actuality they have addresses in California and Nevada. I further learned that Western Sky, Cash Call and Delbert Services are all owned by the same individual, John Paul Reddam. As my research continued, I learned that several States Attorney Generals have sued all three above named companies based on illegal operation. Cease and desist orders against them have been issued based on to include but not limited to usury interest and illegal operation in the prospective State and some States have declared the loans null and void (Example Massachusetts). I also know that the FTC is investigating the companies and Reddam.

      Attached to this letter, in Exhibit 1-7 includes the “Truth and Lending” statement charging me almost 90% interest. I would respectfully request that you look in to this matter as my research has also revealed that I am not the only New Jersey Resident that has fallen into this trap. Yes, at the time, I was in a situation and needed the loan but after realizing that these companies may be committing illegal acts violating both State and Federal Laws, which I abide by, I see it necessary to request your assistance.

      Thank you,

      —–

      cc. Federal Trade Commission

      • Hi I also live in nj, and have the same issue, has anything been done to stop them, I pay way too much and I can’t keep doing this.

        • Double D says:

          Any updates on NJ? I have a pending complaint filed with CFPB but have not heard from them yet …will post the reply when i do

          • Concerned in NJ says:

            Double D and the rest of those who have been affected in NJ:

            Last week I wrote to the CFPB, NJ AG’s office (awaiting a response from them) and the NJ Dept of Banking & Insurance, Division of Banking Enforcement Bureau. The latter responded, and an investigator advised me to send Delbert a letter stating that I would no longer be making payment until the issue is resolved in Superior Court via the NJ AG’s complaint to be filed (since I already paid the full principle plus interest well above the NJ usury limit). He explained that his department is working with the NJ AG’s office and will be issuing a formal legal complaint in Superior Court to put a stop to this and will be pursuing restitution of all the fees and interest collected above the amount borrowed for all the New Jersey consumers. He also added me to the legal complaint since there is strength in numbers.

            These predatory lenders need to be stopped, and the only way to do so is to be vocal about the shady business that is going on. I strongly urge all in NJ to write letters to the above mentioned agencies, and if you already have, good, but more can be done, now is the time to contact the NJ Department of Banking and Insurance and add your name to the formal legal complaint: 609-984-2777. Remember, it is not illegal to have fallen victim to these illegal lenders.

            It may even be worthwhile to contact local press, 7 on your side and other vocal consumer advocacy groups since the crooked owner of all these affiliated companies is J. Paul Reddam, whose horse “I’ll Have Another” won the Kentucky Derby and the Preakness Stakes in 2012. He currently seems like a hero while behind the screens is as crooked as they come. The very tribe he claims to have legal protection from wants nothing to do with him.

            Let’s all work together so that no one else has to go through what we’ve been through! Nothing will happen if you do nothing. Do not be ashamed or afraid that you got scammed, let’s all be vocal and take action together.

            • On the CFPB website, looks like they are suing CashCall for illegal Online Loan Servicing. Looks like NJ has been added to the list of Complainants (see amended complaint on the bottom of the page). Hopefully, something is done soon for NJ residents who have fallen victim to this.

              http://www.consumerfinance.gov/newsroom/cfpb-sues-cashcall-for-illegal-online-loan-servicing/

              • Double D says:

                That is fantastic news that New Jersey has finally stepped up to the plate against these predatory lenders ! Delbert keeps emailing me to offer a settlement and I just keep ignoring them ! I just wish it was NOT on my credit report. Michael do you have any guess on a time frame for such action ?
                Thanks again.. this site has been a God send !
                Strength in numbers and knowledge is power !!

                • Michael Bovee says:

                  Purely speculation, but I would expect any settlement to happen this year, were one to occur.

                • Hi,
                  I live in NJ and have paid off two loans with cash call but were transferred to DELBERT SERVICES…I would like a refund … Can someone please tell me how do i get involved in the settlement?

              • just got a response from Delbert via CFPB (complaint submitted) – should I continue to dispute through CFPB? I also have been added to complaint against Cash Call/Western Sky/Delbert in NJ with the OAG.

                Any advice?

                To Whom It May Concern:

                This letter serves to respond to the consumer complaint submitted by Luke against Delbert Services Corporation (“Delbert Services”), received via the Consumer Financial Protection Bureau (“CFPB”) Portal on April 28, 2014.

                Please note that contrary to the allegations in the complaint, Mr. Luke’s loan is not a payday loan. Instead, it is an unsecured installment loan that was originated by Western Sky Financial, LLC (“Western Sky”) and funded on April 5, 2013 in the amount of $9,925.00, which is the loan amount of $10,000.00 less the $75.00 Prepaid Finance Charge/Origination Fee. Also, please note that Western Sky, CashCall, Inc. and Delbert Services are each separate companies. Accordingly, Delbert Services respectfully requests that your office please contact the loan originator, Western Sky, with any questions regarding the origination of Mr. Luke’s loan. The address for Western Sky is P.O. Box 370, Timber Lake, South Dakota, 57656.

                Delbert Services’ records indicate that Mr. Luke was informed upon execution of the Consumer Loan Agreement (the “Note”) that the laws of the Cheyenne River Sioux Tribe apply exclusively to the transaction. Further, Mr. Luke, by executing the Note, accepted a Cheyenne River Sioux Tribe choice of law provision and jurisdiction clause. When the Note was provided to Delbert Services for servicing, it included the Truth in Lending Act Disclosure Statement. This disclosure clearly displays the Note’s agreed upon Annual Percentage Rate (“APR”) and Total Finance Charge. It is Delbert Services’ understanding that this was provided to Mr. Luke by the lender and that Mr. Luke had access to the document at all times.

                In addition, please be advised that each account is given a “Welcome Call” during which the terms of the Note, including the APR and payment schedule, are reviewed with the customer. Delbert Services’ records indicate that the “Welcome Call” was made to Mr. Luke on April 5, 2013. During the call, Mr. Luke gave no indication that he did not understand or did not agree to the terms of the Note.

                Mr. Luke was also provided with an amortization schedule prior to the loan funding, which disclosed exactly how much of the payment would go toward interest and principal throughout the term of the loan. Pursuant to Mr. Luke’s Note, the loan is amortized using the simple interest method of loan amortization. As such, Mr. Luke has been charged interest on the outstanding principal balance daily. Like any installment loan with a definite term, the majority of payments made early in the loan cycle will go toward interest. As time goes by, a greater share of each payment will go toward principal. Pursuant to the note, Mr. Luke has the right to pay off all or any portion of the loan at any time without incurring any penalty.

                On August 14, 2013, a “Notice of Loan Transfer” e-mail was sent to the address provided by Mr. Luke. The e-mail notified Mr. Luke that the Note was sold and the purchaser assigned the servicing of the Note to Delbert Services. As the loan servicer, Delbert Services is permitted to enforce the terms of the Note.

                According to Delbert Services’ records, Mr. Luke has made only 12 of 85 scheduled monthly payments on this account, with the most recent payment received on April 30, 2014. As of May 9, 2014, Delbert Services’ records indicate that Mr. Luke’s account is current. As of May 9, 2014 the payoff amount due on this account is $10,124.07. However, without admitting any liability or wrongdoing, Delbert Services may be able to assist Mr. Luke in making arrangements to satisfy the outstanding amount owed on the Note. Please have Mr. Luke contact this office at (855) 388-3764 in order to discuss available options.

                Delbert Services thanks your office for the opportunity to respond. If there are any additional questions or concerns, please do not hesitate to contact this office.

                Sincerely,

                Complaint Resolution Manager

                • Kelly B says:

                  I received this same letter from CashCall Inc. when I submitted a CFPB complaint. I have not done anything. I am waiting for the outcome of the CFPB lawsuit since the state I reside in is a part of the lawsuit.

                  • Thanks Kelly for the info!

                    I received correspondence from NJ Department of Banking & Insurance that I will be added to the formal legal complaint against WS/CashCall/Delbert in NJ Superior Court. Hopefully, the NJ OAG will do something soon; as I am willing to wait it out on that part.

                    As for the CFPB complaint, do I continue to dispute (to keep the ball rolling, etc.)?

                    • Kelly B says:

                      I replied to the CashCall’s response with the CFBP, but I never heard from them again. I also wrote a complaint with Indiana Attorney General and I believe they are working on a case against Cashcall/Western Sky/Delbert soon.

                    • Kelly B says:

                      Response
                      Initially, please be advised, the executed Promissory Note gives CashCall, or any other servicer, the authority to withdraw payments and fees and to resubmit payments that were returned. As stated in Ms. Busch’s Promissory Note, Ms. Busch has the right to cancel the EFT authorization by providing CashCall with written notice of such an election. We received Ms. Busch’s written request to cancel automatic withdrawals from her bank account on May 14, 2013. CashCall has confirmed that no attempts to withdraw from Ms. Busch’s bank account were submitted after this date.

                      With regards to Ms. Busch’s loan, contrary to Ms. Busch’s complaint, her loan is not a payday or deferred deposit account; rather it is an installment loan was originated and funded by Western Sky on December 12, 2012 in the amount of $1,000.00, which is the loan amount of $1,500.00 minus the $500.00 Prepaid Finance Charge/Origination Fee. All questions regarding the origination and funding of Ms. Busch’s loan should be directed to Western Sky, at: P.O. Box 370, Timber Lake, South Dakota, 57656.

                      As background, Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe.

                      Upon review of the file sent to CashCall by Western Sky, the loan documents clearly indicate that the laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of Ms. Busch’s loan, and she further accepted this choice of law and jurisdiction by executing her loan document. These facts were explained to Ms. Busch when she applied and again when she signed her Consumer Loan Agreement (“Note”).

                      Further, all Western Sky borrowers are instructed to read their Promissory Note in its entirety. Once they have done so, they are required to electronically sign or initial the Note in two different locations. The second of the signatures represents the borrower’s confirmation that he/she has read and understands the terms and conditions of the Note. According to our records, Ms. Busch signed the Note on December 10, 2012, via electronic signature, indicating that she did indeed understand the terms and conditions of the Note. This Note, in its original format, is an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations.

                      The Truth in Lending Act Disclosure Statement at the top of page one of Ms. Busch’s Note clearly displays the Annual Percentage rate (“APR”) as 233.16% and Total Finance Charge of $3,886.94. The APR was disclosed in accordance with the requirements of the Truth in Lending Act. Notwithstanding these disclosures, borrowers are free to pay their loan in part or in full at anytime without penalty. Ms. Busch was also sent a settlement statement via electronic mail to the address she supplied, confirming the terms and conditions of the Note, on December 13, 2012.

      • Is there a way to stop this

      • It’s there anything being done in nj yet with delbert services

      • Hi CJ
        Just a follow up, any news on NJ taking action against these companies? Have you heard anything further from them ?

    • armadillo17 says:

      Go into your bank and tell them you lost your checkbook. They will immediately shut down your account and issue you a new checkbook account with a new number, which CashCall/Delbert will not have. If they try to harass you, inform them that their rates and terms are illegal and not enforceable in your state (which they already know).

    • new jersey has a limit of 30% per year on loans, western sky, cash,call, and there collection agent are not allow to do business in new jersey
      stop paying them close your account ! do not sign any papers
      report it to new jersey bank dept ,
      this our criminals, new jersey has charges pending on these companys

  15. Has anyone been able to have the collection from Cash Call deleted from your credit report? If so, how?

  16. My wife took out a Western Sky loan and they informed her that her payments would be roughly $150. Now we are paying close to $300/ month. I do not believe that is legal in the state of Texas. If anyone knows please let me know so I can tell them that I will only pay back the principal. Or if there is another around this please let me know.

    • Michael Bovee says:

      Ty – From the Texas AG site:

      “Complaints
      In Texas many types of loans are regulated by the OCCC. If your complaint is against a lender the OCCC does not oversee, the Texas Department of Banking may be able to direct you to who does. File complaints with the regulator who oversees your lender, and with our office.”

      Here is a link to the Texas Office of Consumer Credit.

      Start with contacting the OCCC in order to address your concerns regarding the Western Sky loan. It would be great if you posted an update with how you progress.

  17. Matthew Maresca says:

    I took out a 500 loan from Western Sky (Turned out to be 850). From there I was set up on a monthly 165.00 payment plan, for 12 months I believe. Then it was sold to Delbert and I received a notice that they were going to draft the money out of my account and it had my last 4 of that account. Didnt ask for a signature, just said this is what we are going to do. Now they correspond via email and they remind me 2 days before it happens. Only paid 2 back so far, but I see that Fl law states I can only take out a 500 online loan at the most, where they took out 850… so is this null and void? I also had one with US Fast Cash, they had issues with their processing, so they made some sort of discounted deal with me and according to them Im paid in full. I just worry now that they will draft my accounts. Suggestions? If the loan is null and void or in anyway illegal, couldn’t they prove that I still took the money and it all has to be paid back?

    • Michael Bovee says:

      Mathew – You can contact the Florida state office I link to in the above article for information about your legal rights with Delbert.

      I will say that many consumers have had to close the accounts their payments have been being withdrawn from in order to stop those debits.

      • That is correct, get away from that bank and you’ll be fine

        • Unfortunately, that’s isn’t the case….you guys also need to check your Experian credit report. I am in the midst of a long uphill battle with Experian in getting Delbert Services removed from my credit report. It reports Cash Call on the report as paid on time and closed/transferred. However, DSC started reporting this past March (2014) as 30, 60, 90, 120 days late and the as a charge off in the past due amount of $2,604. It states my high balance as being $5,074.

          The crazy thing is, they had my old FL aaddress listed on the loan paperwork I requested to see initially. Then when, I disputed it with Experian the first time showing all of the legal FL information and how I filed a claim with the Attorney General’s office, the address has magically changed on the latest documentation from DSC to my current GA address.

          I just sent my 3rd dispute two weeks ago (with over 80+ pages of GA court docs). Still won’t remove it off credit.

  18. Initially, I did a stop ACH at my bank which is similar to a stop payment. Then I just closed the checking account and opened another. One of the lenders, United Cash Loans has stopped contacting me and the other, Cash Call, stopped contacting me by phone, but is still emailing me. They also have Delbert contacting me now via email. I have mailed them the correspondence they have already received from the New York Sate Attorney General’s’ office and spoken to one of Cash Call’s representatives explaining that in my state these loans are void and unenforceable, and that if turned over to a collection agency, that agency is not allowed to collect either.

  19. I live in minnesota and am in the same predicament with delbert services. Should i close my checking acct?

  20. Can someone please tell me where to look in Arizona, to see if my “loan is legal” I’ve been paying 400.00 a month and my principle is higher than I started..The only thing the girl at Dilbert would tell me is that interest is on a daily basis???..
    She said out my 198.00 payment bi-weekly 34.24 is applied to the principal… but that doesn’t make sense..I started with 1500 over 6 months ago..and my principle is now 1568.00?
    Help

    • Michael Bovee says:

      Mary – You can contact the Arizona Department of Financial Institutions 800-544-0708 and learn direct from your states regulatory authority what your options with this loan are. Given the fees you mentioned they do not appear to fall in line with what is allowed in Arizona.

      • Iam in the same situation that everyone else is.I received a loan through westernsky it was then transferred to cashcall now delbert services.I have contested the loan to delbert services and the standard reply was the loan is valid.I have filed a complaint with my state dept of banking as well as the FTC.My state requires you to pay back the principal which is 2600.00 plus 6% annual and that is all.They have enforcement actions against westernsky and recently filed actions against cashcall.Once i pay what is required by my state which is pennsylvania i am closing my account because my credit union is telling me i can’t stop the ach authorization i can only place a stop payment which is 15.00 each time i do that.I will then send a s and d letter to delbert/cashcall saying my loan is payed in full per pa order.

        • You have to send the revoke ach from ur checking account letter to delbert services. They will stop. I requested a loan outline payment letter from delbert services. They sent it to me and began quoting the western sky tribal only govern by tribal law jargon. I have filed a complaint with the state and Feds. Wi forwarded my complaint to the Feds and BBB as well. I still haven’t heard back. I will respond to their explanation with federal law regarding western sky. Also in wi u must be a licensed entity to originate loans.

        • I would just like to update everyone on one of my complaints that i filed about 3 yrs ago about an online lender with my states dept of banking.Well received a check from the online lender for a substantial amount of money.I notified my dept of banking to find out if this check was legitiment and they said it was the interest they charged me in excess of the allowed amount which is 6% annum in my state of pa.Not to mention the company can no longer do business in pa.So in my case the little guy has won.

      • I am in pretty much the same boat as everyone else however I took out a $10k loan with Western Sky and made the $789 payments a months for a while until I could not afford it any longer. I closed my bank account and have not been making payments. My loan was sold to Cash Call and now to Delbert Services. I have tried to contact the Ohio AG and the Ohio Banking Commission but I seem to be getting the run around. Neither wants to say they oversea this type of loan…..although I think I have read that in Ohio you have to comply with certain interest rates and be licensed in the state to offer loans………..can anyone tell me who I do contact in Ohio to file a complaint?

        • Michael Bovee says:

          Olivia – The Ohio AG office should be readily able to direct you to the appropriate office, but also try the Department of Commerce here. As of about a week ago, you can now file payday loan type complaints with the CFPB. Go here, then click on the payday tab to get started.

          • I see the Consumer Financial Protection Bureau filed a lawsuit against cash call for servicing loans that should be in whole or in part void based on their origins of Western Sky. Even though Ohio is not yet included in this lawsuit I did file a complaint with them and they have sent my complaint to Cash Call/Delbert Services. I will let you know as it progresses…….

            • Ballmom1404 says:

              Olivia- I have a loan with these people too. I am in OHIO and I just got calls from them last week and today. I spoke with a woman that I spoke to months ago and she changed her name today. I kept the voice mails and compared them. Same woman…. She is telling me that I am going to be ARRESTED and that they will go to my work, which i am unemployed, and to my ex in laws and my ex husband, parents (they live in GA) in order to find me and serve me that I am going to go to JAIL… They said this same thing to me over a month and a half ago, so I went to a bankruptcy lawyer to see what my options were. I did tell them that I was seeking bankruptcy in the next 30 days. She said well that won’t stop us good luck in JAIL and hung up. I did however ask for the contract in which Western Sky “sold” my loan to Cash Call and then sold it again to Delbert. She said that was private information and she would NOT provide me with anything.

              What can I do? Any advice from anyone on this??? I am SICK of getting these calls.. I do not know how on earth they are getting my EX IN LAW or EX husband info as well.

              • First, they cannot arrest you. They are trying to scare you. What they are saying to you is actually illegal. If they were a legitimate collection agency they will send you information regarding your “debt”and provide you with their contact information.

                Next time they call:
                1) get name of company, name of person you are speaking with, their phone number and address.
                2) If you are filing bankruptcy, tell them you are and give them your attorney’s number. If you are not, tell them what they are saying is illegal and that you are filing a complaint with the Ohio Attorney Generals Office. Then go to the OA General website or call them and give them the collector’s name and address.
                3) Send a cease and desist letter to the collector. You can get an example of one from yahoo or google. Just type in cease and desist collections letter. Make sure to say that you do not want them to contact your family or friends any longer and they may only contact you through written communications. Send this letter certified mail to the collector.
                4) Document the calls……time, date and what was said. It sounds like they are not a licensed collection agency in Ohio that is just trying to scare you into coming up with money.

                First and foremost……..don’t stress. They cannot arrest you or your family. The most they can do is serve you with papers to appear at court so the court can try to order you to pay. That is all.

                Unfortunately, I don’t have any better news as far as getting Ohio to step up and battle with Western sky, Cash Call, Delbert. All I can do is help you deal with the awful collector. Honestly, I would not pay this collector a dime. If they can’t provide you with any documentation then its a scam.

              • you will never be arrested for a loan and not even this one, folks look for a cease and dissist letter any where on the net and fax it to them. They can no longer call you. They can send mail but ho cares, also they will ding your credit because they were found out. Stop your ach withdrawals by closing your chk account asap and please dont sign a paper with them. signing makes a new contract youll be responsable for… dont sign anything because you do have to do business with a 3rd party creditor especially if they lied about being apart of the cheyenne indian tribe. Its an illegal usury loan, thats not legal nor lawful. It was an illegal loan from the start.

  21. I have a loan with with westernsky/cashcall/delbertservices for 2600.00 and have to date paid back 3,352 .00 The state of georgia is suing them for illegal loans. I have closed my account and not 20 minutes later i get an email from a company called EZ CASH warning me that i will be sued. Is this legal what should i do? They keep changing there name and i have finally opened a new checking account. Any advice would be helpful . Thank you. ( I am a Georgia resident )

  22. I had taken a loan out with Western Sky ealier this year because like everyone else, I needed the money. Not even a week later I get notification that it has been sold to Delber Services. The original amount of the loan was $2600 but accordingt to the paperwork I now owed $13,839.62. I have read several posts from many other people about this company. I sent Delbert Services notification that I do not believe that I owe that amount and refused to pay that. I since then have done research on them and Western Sky neither are legal here in Oklahoma. Today, November 27, 2013, I get a letter dated November 19, 2013, that I have until November 29, 2013 to contact them to accpect a settlement amount of $2080 or to accept 8 payments of $325 beginning no later than November 29, 2013 and continuing on the 15th of each month to avoid further action. I have read that Western Sky, is no longer in business but that is who I borrowed the money from and that is who I need to make payments to. I am at a loss. What if I disregard this letter and make payments of what I can to them starting in 2 weeks? I will be in a better financial situation. Thanks for letting me vent and for any advice.

  23. I took out a $2500 loan with Western Sky in April 2013. Delbert has the loan now. I knocked the principal down to $600 on 10-15. They usually send me an email alerting me of the pending debit each month a few days before the 15th. This month, no email and no debit occured. Did something happen to stop them from debiting my account? I’m in New Jersey.

    • Thank you for the information as I have been calling the banking commission and one other entity trying to find out if they are legal/or help. Do you know how to find out if Delbert Services/Cashcall/Western Sky is leal in VA since they are not payday loans but installment I am assuming that is different? I took out 5k loan Oct 2012 and paid through June when I stopped receiving child support and could no longer afford so I asked to work with me on payment and they deferred it for 2 months which helped but not enough. I have refused to give them new bank inforation because I cannot afford it still. I have started getting the offers via email which reduced the interest rate to a wonderful 89% !!! but that doesnt help much. Has anyone had them follow through on doing anythig after not accepting their modification offer? I am wondering if anyone has tried to settle for just amt borrowed. My biggest concern is it continuing to be reported on my credit

    • Sorry Ralph I meant to post that with a comment above

  24. I have the very same story as everyone else. $1500.00 loan ($500) loan fee, payments 198.19 to this date I have paid 3963.80 and have filed a complaint with the Florida Office of Financial Regulation. I cannot close my account but have put many things in place with my credit union. I am a Navy vet and wish I had not needed the money when I did. Good luck everyone. My bank has alerted me that if Florida wins the lawsuit I may be entitled to recoup some of the funds.

  25. DBlankesnhip says:

    I to fell victm to WesternSky/Cash Call/ Delbert Services loans. After paying over $2800 in payments the principle had only dropped $6. When I started receiving calls from Delbert that I need to sign paperwork for them, I became for uneased about the loan and who Delbert is. We had not received any notification from a Cash Call about the loan being transferred. We contacted theAttn General’s Office in Indiana. We did get a call from a Cash Call rep within about 10 days and an e-mail that was supposedly sent (did not rec) from them asking us to make sure that we contacted the Attn General’s Office to tell them this had been straightened out. Which we did and borrowed money from a friend the pay off the principle owed. A week after paying off the principle, we received a letter from the Banking regulators stating that Cash Call is not a licensed lender. My question is, can or would if be worth it to try recover some that or all that intrest money?

  26. I also fell victim to this Western Sky/Cash Call disaster (I can only blame myself for being in a desperate situation and borrowing money where I could). I had to close my bank account and I enrolled in a Credit Counseling program and also wrote a complaint with the Attorney General’s office back in late Spring 2013. The complaint result was completed back in the summer. Early last week I was given a “State of Indiana – Department of Financial Institutes Notice to unlicensed Indiana Lenders who are soliciting Business in Indiana. I don’t know what I am supposed to do with this situation? Should I contact the Credit Counseling and advise them to cease making payments to Cash Call? Also I never understood the whole Western Sky/Cash Call, Inc. I initiated and signed my loan with Western Sky and just figured they sold the loan to Cash Call, I did not realize that Western Sky was actuall a ‘front’ for Cash Call. I would also like to know if we would be getting money back? IF not, I would just like to stop paying them and get them out of my life.

    • Michael Bovee says:

      Kelly – You should be able to contact your credit counseling agency and remove an account like Cash Call from your debt management plan. How much of the principle balance remains to be paid?

    • Hi Kelly I too live in Indiana and obtained a loan from Western Sky in December of 2011. Recent I became aware that the CFPB had filed a lawsuit against them regarding deceptive loan and collection practices. I filed a complaint with the Attorney Generals office but have not heard anything yet. Can you tell me what the AG office advised you regarding your complaint? I also filed a complaint with CFPB, that was concluded this past week. In the response from Cash Call they stated that Delbert Services had agreed to reduce my interest to 20%(the allowable rate for the state of Indiana) however i did not agree purely becuase I have already paid the principle amount in full and 100%+ of the principle in interest. You may also want to contact the CFPB and file a complaint. I also sent Delbert services a copy of document you referenced in your comment along with a copy of the CFPB lawsuit. Hope this helps I for one will not make any further payments as I feel i have met my obligation to them.

      • Kelly Busch says:

        The attorney general didn’t really say much, but I did receive a letter from cash call back in May 2013 outlining my loan. Ever since things have been happening with CFPB, I have not written a second complaint to the AG. In November I stopped making payments to Cash call. I had taken out a $1,000 loan plus their $500 upfront fee. They have been paid a total of $2,414, well over the $1000 principle amount. I have not received any phone calls from Cash Call and I have not had to deal with Delbert Services at all. I want to write another complant to the AG and CFPB, however, I don’t know exactly what to write them.

  27. Hi. I got pretty fed up with being fleeced by my Western Sky loan. After 2 years of payments I was disheartened at how the amount keeps climbing not even if I picked a payoff in full date. I picked a date 2 weeks from now and the pay off was $300+ over what I borrowed. A full pay off on Feb one and the payoff was $600+ over what I borrowed. I’m posting this in hopes of helping some of the rest of you with your problems which many are much worse than mine.
    First I found this website article http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html which helped tremendously
    I’ve had a loan with Western Sky and one with Plain Green. On both I have paid the principle back and horrendous amounts in interest additionally. I’ve used the letter below to stop both of them. Delbert Services has really tried pushing the Tribal law thing but it doesn’t hold up to make the loan valid. Here is my letter to them. Maybe it will help some of you. The FTC is fighting them, so please keep your hopes up for resolution. And do make effort to pay the principle. They did give you the money to help you and it should be paid back. I just wanted to stop the horrible interest bleed. I would have paid $13000+ for a $2600 loan.
    To Whom it May Concern at Delbert Services Customer Service,

    This is an amended notification to my previous emails to insure clarity of my position. There was a payment withdrawal on 12/2/2012 from my bank so I have amended the previous notification amounts to properly reflect the facts. My revocation of authorization to debit my account still stands and I am demanding a Paid in Full letter.

    I am also requesting that you do not call me and remove my phone information from your records. You may contact me only in writing via email or postal service. Your call with an offer me to “help me” by lowering my interest rate is rejected given I have already paid nearly three times the principle at current rate.

    In your phone call you asserted to me that you were operating under Sioux law and not the law of the states I live in. The head of the Native American Financial Association, Barry Brandon, seems to disagree with you by stating in the press the following:

    He continued, “Western Sky Loans does not abide by these consumer-friendly practices, is not an enterprise wholly owned by a federally-recognized tribe, is not regulated by a tribal regulatory lending authority, does not operate according to tribal law, and breaks the covenants meant to benefit tribal governments and their members.”
    Reference: Karmasek, J.J. (August 13, 2013) Head of Native American association applauds N.Y. AG’s lawsuit against Western Sky. Retrieved from http://legalnewsline.com/news/243531-head-of-native-american-association-applauds-n-y-ags-lawsuit-against-western-sky I don’t think I need to list any of the legal rulings such as in NY.

    I submit this FTC brief http://www.ftc.gov/os/2013/09/130913paydayfinancialbrief.pdf as an answer to the erroneous claim that the Tribal Court has jurisdiction.

    It has come to my attention that lenders must be licensed by the state of Missouri where I lived at the time the loan was originated and also in Washington where I now reside, in order to offer/originate payday or installment loans to residents. Since Western Sky and your company have no license in either state, the loan contract I have with you is not valid. The interest rates are also above those allowed in either state. Although I am not legally required to do so, I am willing to repay the principal balance of this loan. I received a deposit of $2525 on about (11-11-11) for a loan amount of $2600 minus a $75 processing fee held out by Western Sky. To date, I have had 1 payment of 165.75 and 24 payments of 294.46 in monthly withdrawals debited from my account. This totals $7232.79 resulting in an overpayment of $4707.79. The use you have had of the extra money I have paid in interest should be compensation enough for what would have been reasonable interest on the loan.

    At this time I am repeating my request for a return email acknowledging that my loan has been paid in full. Also, I would like a refund of the $4707.79 overpayment. A refund check for the $4707.79 amount should be mailed to me at the address below which should match the address you have on file:

    (Address removed)

    You may also return my money via wire transfer using the same information you have used to debit my account.

    I am also revoking authorization for ACH (EFT) withdrawals and any wage assignment I may have signed. Copies of these revocations are being given to my bank and my employer. Any future attempts to collect funds in this manner will be blocked.

    Please respond to this email 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 will be reporting this to the FTC and the BBB.

    • Just to let you know i went on the bbb updated website today and tried tried to get information on cashcall and delbert services to see what score the bbb has given them and it appears they keep redirecting me to my local bbb either they are protecting these lenders or there is a clitch.Try yourself and see the only report they are giving is about westernsky.

  28. The loan origination amount was $1000 plus $500 prepayment fee/ finance charge, the annual interest amount is 233.22%. I will ask my credit counselor to remove Cash Call from the re-payment plan, what will happen when Cash Call comes after me?

    • Michael Bovee says:

      Kelly – You will receive collection calls and letters. You can respond to those in a similar manner others posting on this page have done. If anything comes up that you are unsure how to handle post a comment and lets go from there.

      Would you estimate that you paid Cash Call the principle back by now?

      • Kelly Busch says:

        the $1000 principle amount I’ve borrowed has been paid back and plus some. I called my credit counselor to stop making payments to Cash Call and I wrote a letter to them advising that the principle amount has been paid in full, they were not legal to provide the internet loan in the state of Indiana in addition to the sky high interest rate and to not contact me since I will not be paying them anymore since I am not obligated too. I also wrote a complaint to the Indiana Department of Banking. What will be the outcome, I do not know, in time I will find out.

  29. I filed another complaint with the FTC. They have responded they are aware that it is a duplicate, but will continue to work on it nonetheless. I also filed a complaint with the New York State Attorney General’s Office November 29th and this morning, with the Better Business Bureau. The BBB does not have a score for Cash Call as of yet. Their website says “BBB Business Review on CashCall Inc is being Updated by BBB!”

  30. Michael Bovee says:

    Update: It is not that common for regulators to push their investigations and actions out to marketers, affiliates, and lead generators. But that is precisely what the state of New York is doing by announcing subpoena’s served on 16 payday loan marketing firms today.

    You can read the press release from NY Governor Cuomo’s office here: http://www.governor.ny.gov/press/12032013Illegal-Online-Payday-Lending

    There are good tips and great action items for New York residents contained in the release.

    The 16 payday loan lead companies receiving the Subpoena’s are:

    Allied Cash Advance
    Bahamas Marketing Group, Inc.
    Blue Global, LLC d/b/a 100DayLoans, HighSpeedPayday
    DJR Group, LLC
    Fix Media Group, LLC d/b/a We Fix Money
    Hydra Fund II
    LightSword, LLC d/b/a Aero Advance
    Payday Loan Ranger
    Payday Mobility
    PayDayForest
    PayDayMall
    Personal Cash Advance
    Selling Source, LLC d/b/a MoneyMutual, LLC
    US Cash Loans
    ValleyTrust
    WebMarketerLive d/b/a JustClickHereLoans, CashMoneyNow

    • This is great news! I saw it in our local paper as well yesterday. Hopefully, these predatory loan people and the lead companies will all be shut down.

    • I know i have posted on here on numerous times.I have posted on a legal website and i posted that got a loan through a company that was shut down by the ftc it was then transferred or sold to another company then it was transferred or sold to to a collection agency.I have not been late on payments in my state they have enforcement actions against the companies due to they are not licensed in my state of pa and there loans interest rate exceeds the 6% per annum allowed by law.I stated i have filed complaints with my state dept of banking,ftc,and the cfpb.My question to this legal forum was why hasn’t anyone filed a rico act against them( money laundering and corrupt organization.) You would think that would be a good question.Well it seems to them it wasn’t they said it wasn’t the place for this question.It seems there are a lot of lawyers that don’t want to answer this question.If they violate at least 8 state laws then it would be able to prosecute under this act which we all know they have.It just seems to me they are fighting every state that sues them.

  31. Is there anything being done in nj with delbert services, I payed what I had to pay now I want it to stop

    • change your bank account i stop paying last aug 13 they cant sue you the only thing they can do is put it n your credit but soon that will be taken off!

  32. I live in California and owe western sky/ cash call $3000. I’ve paid well over $3000 back to them but my interest is so high I haven’t even made a dent in the principal yet. Is there any hope for California residents. It’s become overwhelming.

  33. I filed paperwork with our State Dept of Banking a few months ago on both Western Sky and Delbert Services (Cash Call, as well). They told me to stop paying it and contact my bank. I did that and stopped any future payments coming out of my account and got reimbursed for the previous payment that they illegally took out. Delbert sent me the same crap-letter about it being a legitimate loan through the Reservation and that I was obligated to pay them. I have not done so and will not do so at all. I was told to let it ride until the Feds got it all straightened out. Not one time has any of these companies come after me since this all took place. For those of you who are still paying them I would suggest stop doing so now and write a cease and desist letter to them for any future contact. If enough people do this I believe there will be two things come out of it: 1. a class action lawsuit on behalf of all people who fell victim to their scam and 2. they will go out of business all together and there will be no one available to scam people!

    • Hi Julie
      I live in Florida and I am dealing with the same issue like all of you! I took out a loan in the amount of $5000 and have since paid back $2707.95 as of November. I initiated a stop payment late November so that there would be no automatic debit for December. The payment for December obviously did not go through and as a result, Delbert Services has been calling me using at least 6 or 7 different phone numbers covering various parts of the country. Previously, I was contacted by Delbert Services back in October and told them then i had no business with them and would not be providing them any approvals or signatures. That was the last time I heard from them until now! I am not sure what do! I could really use some assistance! Should i pay the remaining principal then send a cease and assist letter? Oh by, the way I also leared they are not licensed to do business in the state of Florida – neither them or Western Sky/Cashcall!! PLEASE HELP – ANYONE! Your advice would be greatly appreciated!!!

      BTW, i did finally speak with someone today – who told me they took over in August and that they contacted me via email. That’s a bunch of BULL!!!!!

      In Florida, the Florida Office of Financial Regulation’s Division of Consumer Finance regulates payday lenders. You can verify a license or file a complaint on the OFR website or call (850) Its Your Money (850-487-9687), if you have additional questions.

      Consumers who take out a payday loan from a licensed lender are entitled to the following protections under Florida law:
      •A borrower may borrow up to $500 per loan.
      •A borrower may only have one outstanding loan at any time. This is tracked through a statewide database of all loans taken out.
      •The maximum fee is 10 percent of the amount borrowed plus a $5.00 verification fee.
      •The loan term cannot exceed 31 days or be less than 7 days.
      •Certain contract terms that limit a borrower’s rights are prohibited.
      •A borrower must pay a previous loan in full and wait 24 hours before entering into another loan. This period is designed to prevent loans from being rolled over into new loans and to give consumers the opportunity to consider other financial alternatives.
      •If at the end of the loan term, the borrower is unable to pay the loan in full, the loan provider must provide a 60-day grace period without additional charge. The grace period is dependent upon the borrower making an appointment with a Consumer Credit Counseling Service within 7 days and completing the counseling within the 60-day grace period.

      Remember, Before You Take Out a Payday Loan:
      •Consider alternative solutions ◦Ask about delaying or making payment arrangements on your non-interest bills such as telephone and utility bills.
      ◦Talk to a friend or family member about borrowing money.
      ◦Ask your employer for an advance on your paycheck.
      ◦Set aside savings each month for future emergencies.

      •Verify a license on the OFR website or by calling (850) Its Your Money (850-487-9687), option 1.
      •Especially be careful to check the license if the payday lender is doing business online. Dealing with unlicensed Internet companies makes it difficult to resolve potential problems, and these companies may be located outside the United States.

  34. Something must be going on with delbert services. At the beginning if November that sent me a special offer trying to get me to first pay 2,500.00 I didn’t respond due to I have paid my principle balance. This week they sent me another offer to settle with them for 1,000.00. I still have not responded due to again I got 1k in my checking account I have paid them over 1200.00. They don’t call me because I sent them a cease letter. I also pointed out that they weren’t liscensed in Wisconsin as a loan originator or collections agency. I also noticed they removed their verbiage that they were a licensed collection agency as well. Something is going on, it looks like they are trying to get any penny.

    • Danny,
      What type of letter did you send to Delbert Services? I get calls from them all day long. I would say 8 times a day. I don’t have the money to pay them. I don’t know what to do.

      • You look up there website through google. Click on the complaints@delbertservice.com reference ur loan number make sure u cc yourself on the letter and title it in big bold letters do not contact tell th not to call -list whatever number u go by.
        They will respond. Make sure u have sent them the revoke authorization email as well and request that u recieve all correspondents in writing. They will respond make u submit these emails 3-5 days before ur draft is due. If they tell u that can’t pay the bank fee and put a stop payment on the transaction.

  35. Took a moment to see what’s going on with Western Sky. Check out their website. I guess we’re supposed to feel sorry for them…
    http://www.westernsky.com

  36. I also fell for the Western Skys loan. I was approved for $1500 and only got $1000. I was able to make payments on time for a few months but now I can’t make any payments. The loan was so call transferred to Cash Call now its with Delbert Services. I put a stop pay with my bank. So, now I don’t know what to do. I don’t have the money to pay them. Any advice? Should I send a letter to them?

  37. Send both do not contact and revoke EFTA through email. If u can tag a receipt on the email do so. That receipt will notify u the second they open the email

    • Danny, do you have a template of the letters (especially the cease & desist letter) you sent to them so they will stop calling.

    • Danny,
      I did send a letter to stop the automatic withdrawn to Delbert Services after I made my last payment to them. What I’m worried about is the daily calls and what they would do to collect the money from me.

  38. Michael Bovee says:

    Major announcement out today from the CFPB filing its lawsuit naming Cash Call, Delbert Services, and its owner: http://www.consumerfinance.gov/newsroom/cfpb-sues-cashcall-for-illegal-online-loan-servicing/

    A key section in that linked press release reads:
    “The CFPB’s complaint alleges that defendants CashCall, WS Funding, Delbert, and Reddam have violated the Consumer Financial Protection Act’s prohibitions on unfair, deceptive, and abusive acts and practices. The Bureau’s investigation showed that the high-cost loans violated either licensing requirements or interest-rate caps – or both – in at least eight states: Arizona, Arkansas, Colorado, Indiana, Massachusetts, New Hampshire, New York, and North Carolina. Under statutes in at least these eight states, any obligation to pay such loans was rendered void or otherwise nullified in whole or in part by law. Therefore, the defendants are collecting money that consumers do not owe.”

    If I were in one of those states mentioned I would seriously consider steps to stop payments going to Cash Call or Delbert Services until the outcome of the CPFB lawsuit is known.

  39. How do I stop payment

    • Michael Bovee says:

      jay – I have not read the full text of the CFPB lawsuit yet, so I do not know if any other states like New Jersey were outlined in the complaint. But if you are concerned about the legitimacy or void nature of your loan, you can contact a consumer law attorney for advice as relates to how this CFPB suit may affect your loan and payments to either Cash Call or Delbert Services, or like others have mentioned in the comments above, revoke your ACH payment authorization with your bank.

      • Can you believe that the bbb has given cashcall an (A) rating are you kidding me and they only list one government action minnesota.I guess they didn’t get all the complaints people have sent them!!!!!!!!!!!!!!!!!!!!!

      • There is an interesting consent agreement in the state of nevada between westernsky,cashcall,delbert servicesand the state of nevada not sure if it is good for the consumers.It is dated dec 24 2013

        • I just red the Global Consent Agreement. I aactually quite annoyed with this document as it appears that the state of Nevada did nothing to protect the consumer. I appears that they are requiring that Western Sky be licensed and pay $50K within 30 days. This payment goes to the Nevada FID and nothing to the consumers. They are going to allow the consumers to be sued in tribal court and any judgment rendered in that court can be domesticated in the state of Nevada. Sounds like a big win for Western Sky and the others. The only shred of hope I still have is that the FCPB still has its suit against these theives and I am hoping that they come down hard. Fed trumps state. And, this Global Consent Agreement was in the works prior to the FCPB filing suit even though the document has a date of December 24, the Respondents dated it December 12, prior to the filing of the FCPB suit. Say a prayer and keep your fingers crossed.

          • I agree i posted it to see if maybe i was wrong with the globel consent agreement.I am still awaiting my state to go to court i hope it is not the same as nevada.

        • What kind of consent agreement and where can I see it?

  40. I am going back and forth with the BBB in California – as of this morning, Cash Call is using the same old language – since I agreed to the terms prior to the cease and desist letter from New York State, they say I am liable. However, it is clear in the letter from the Attorney General and the Division of Financial Services of New York, that the loans are illegal, and therefore void. They have also been warned that they are not allowed to collect. So, in my opinion, I’m done. The last payment they took from me was in August, yet they are telling the BBB that I am current. However, they have put negative information on my credit report and I haven’t a clue how to get that removed. My credit score has really plummeted. They also say “As background, Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe”, and they feel this means our laws don’t apply to them. No one has contacted me from the loan company since September. However, in the BBB response, Cash Call made an offer for me to settle for $1,000. Not happening…

    • Well then it is obvious the BBB doesn’t adhere to its mission statement there are other states suing them as well as the Ftc and now the CFPB.How can that foster a trustworthy relationship between the consumer and bussiness knowing all these entities are taking action against a company and they are not reporting it there is obviously a problem.

    • Tina,
      I just got an email today from Delbert Services stating that they want to work with me on my principle balance of $1,459.55. I only got $1000 from them and I paid them $764. already. In the email, they state that my account is seriously past due and will report to a national credit reporing agency soon if they do not hear from me or receive payments.
      I don’t know what to do. Any suggestions?

      • Michael Bovee says:

        Shelly – What follows is the response Tina submitted to your comment above that did not publish to the site. The comment system can be buggy at times….

        “They’ve already put negative information on my credit report and my score tanked. I don’t know how to get that removed. I have filed a complaint with the Attorney General of the State of New York, the New York State Division of Financial Services, the FTC, and also the Better Business Bureau of SanDiego, Ca. I stopped communicating with Cash Call in August, stopped the ACH withdrawals, then closed that checking account. I received two letters from Delbert, the second of which I responded to with the letters from New York that they had already received which told them to stop doing business and that their loans were illegal, but they still went ahead and informed Experian that I’m behind in my payments. Delbert told the BBB that although I stopped paying them in August, my account is current – which makes no sense. If it’s current, they shouldn’t have put the negative info out there. They offered to settle with me for $1,000. Which ain’t happenin’. Funny thing is, I had another loan with a different online company and they haven’t bothered me at all since I stopped the withdrawals and closed my checking account. I think they figured it’s illegal, so they’d just better stop doing business in New York State. I haven’t heard another word from Cash Call or Delbert. I just got a letter from the Attorney General’s office stating they are working on my complaint, so we’ll see what happens there. I’m afraid I don’t have any other suggestions. I’d like not to pay for an attorney (obviously funds are tight or I wouldn’t have taken such a stupid chance with the loans), so I’m just going to wait until I hear back from the AG’s office, and then go from there. I’m afraid I don’t have any other suggestions for you. Good luck!”

  41. Does anyone have a template of the letters (especially the cease & desist letter) you sent to them so they will stop

  42. Sandra freed says:

    I took a loan out with western sky for 2500 about 14 months at295.00 a month never miss a payment bal.today is 2800 they take it out of my checking acc.it was cash call now delbert they kept calling wanted me to sign papers said they took over western sky billing.i hang up on them but I told them I wasn’t going to sign any.gets to much money I already payed.i live in Columbus Ohio .what should I do?

  43. I took out a loan for $9225 a year ago and so far i paid $11,340 (principal and interest). Monthly payment is $743 and i do not want to pay them anymore after what i read here. My question is, will they be able to go after my salary and contact my job and place a wage assignment?

    Thanks!!

  44. Loan was with Cash call which is with Delbert Services now

    • Michael Bovee says:

      F – They would have to sue you in court and get a judgment against you before they could attach wages, levy a bank account, or file a lien.

      One way some people are approaching things is to have stopped payments after the principle was paid back, and are holding payments back in a savings account, pending the outcome of some of the state and federal issues.

      • thank you so much for your quick resposne Michael. Since i have paid back the principal, and then some, what would you do? I live in VA and i know they are illegal here now that i have read all of this. I am on there website now getting ready to write them an email revoking ACH authorization and possibly shutting down my checking account and let them know i am filing a complaint and will also mail a c&d letter. I haven’t missed a payment yet. I have one due on the 15th that i do not plan on paying as i cant afford these $743 monthly payments anymore.

        • Michael Bovee says:

          If it were me in that situation I would be one of those that stops payments, and even if I could not afford the full amount of the normal monthly payment, hold some back in a savings account (say 50%) pending the outcome of my complaints, or the different government actions. If all goes well, I will have set up and funded my savings account that can be used in emergencies – rather than tapping high cost loans like those from Cash Call and Western Sky.

          • Makes perfect sense! I would be saving $$ instead of borrwing from people like this!

            thank you!!

            • Just be aware that cash call will ding your credit report…….I’m not telling you not to stop payments because I did and I filed my complaint with the Consumer financial protection bureau (because Ohio is not doing anything), just be aware that your credit report could/will suffer until all is ironed out. I am trying to work out an agreement with Delbert/CashCall/WesternSky with the help of the CFPB because I have not paid back all my principal yet and then have it removed from my credit report.

              • Michael Bovee says:

                Good point Olivia. Please do update this page with how all of this shakes out.

                • Michael,

                  I have submitted a question with Subject “My lawsuit case information showing up on google search” and I was not able to find that link now.Could you please tell me how to find that link?

                  Thanks,
                  ND

                  • Michael Bovee says:

                    I found it. You submitted the following:

                    “Today When I searched my name in google,in one of the search results county court website is showing a lawsuit case filed against me Filed by Unifund LLC attorney and which I did not have any idea till now (I never received any letters from collection agencies or regarding lawsuit letters).
                    My First question how can I fight against this lawsuit? and my second question how come a county court case information is showing in search results. I wanted to stop this in search results first,How can I do that? Please advise.

                    Thanks”

                    ND – I cannot comment much on how to have the court information scrubbed from a search engine. But one way to address both concerns is to attack the judgment at the source. That means trying to undo what Unifund LLC did by getting a default judgment. You would want to work with an experienced debt defense attorney in your efforts. post the name of a nearby larger city and I will email you some contact info to some attorneys you can call. Most of this type will offer a no cost initial consult.

                • Well Delbert made an offer to me through the CFPB to pay my principle balance in a lump sum or over 9 months. I am open to paying back the remaining principle, I feel I at least owe them that however I am trying to negotiate with them to have the negative information removed from my credit report in exchange. Any tips….

  45. Carol Castro says:

    I have the same problem, took out a loan for $5000, and I have paid over $7000 dollars.
    I live in Florida, took a loan from Western Sky, they transferred the loan to Cash Call, now is Delbert Services. Delbert services contacted me about authorizing ACH withdrawals, I never authorize it and they withdraw money from my account every month.
    I was desperate to borrow this money, my son was diagnosed with an illness and I needed the money.
    Please help.

    • Michael Bovee says:

      Carol – You can work with your bank to stop Delbert ACH withdrawals. You should click on the link in the original article above that takes you to the Florida state regulator that was actively working on complaints against these online lenders. Please post an update comment about how that goes.

      • Carol Castro says:

        Michael:
        I sent a letter to the Florida Office of Finace Regulation. This is what they responded. I hope it can help some of you.

        Your concerns have been reviewed by the Office of Financial Regulation. We appreciate the opportunity to serve you.

        Our review of your inquiry indicates your concern is regulated by an agency outside this department. In an effort to assist you, we have forwarded your correspondence to:

        Florida Attorney General
        Office of Attorney General
        State of Florida
        The Capitol PL-01
        Tallahassee, FL 32399-1050

        The Florida Office of Financial Regulation and the Florida Attorney General’s Office recently filed suit against Western Sky Finanancial, CashCall, and other related entities. Follow the below link to view the press release:
        http://www.flofr.com/PressReleaseDetail.aspx?id=4228

        OFR appreciates you bringing this matter to our attention. Thank you for your patience and cooperation throughout our review process.

        • Michael Bovee says:

          Thanks for posting this Carol. I updated the original answer to the reader question above with the link you provided.

      • Wellsfargo in Fl told me they can’t stop the ACH so i closed the account so delbert constant sends papers for a new contract. Don’t do this people, do not sign.

        • I work for a bank. I DO NOT understand why customers’ banks are telling them they cannot stop these drafts. That is AGAINST banking regulations. They can either stop the draft by the dollar amount or stop the draft by the company id number that comes across in the ACH file. It is against banking regulations for a bank to tell a customer that they can’t do a stop payment UNLESS it is in violation of the time frame they require for putting the stop payment on for the current draft coming through, but they can still put one on for the future drafts (ie. you request the stop pay Monday and the draft is coming through on Tuesday) I would request for them to show you what their time frame requirements are too. If they give you a hard time then get a supervisor of the bank and request that they explain why they won’t put the stop payment on. If they give you any heat tell them that if you are within their time frames of putting a stop payment on and they refuse to, and the company comes in an takes any money, they will be immediately reported to the Department of Banking in your State and you will contact a lawyer. There are alot of banks out there that take it upon themselves to decided what you can and can’t put a stop payment on and decide for themselves whether they think you owe the money. THEY CANNOT DO THAT. If you did not give them the appropriate amount of time to put a stop pay on for the current debit, go ahead and put it on for future ones and then request to do an ACH Authorization Revoked. You may have to show them a copy of your Cease and Desist letter. And it needs to be dated far enough in advance to allow the company to stop an ach file. Once the draft comes out then they will return it and credit your acct back with the money. As a bank employee, I understand for some of these banks that it gets frustrating because you get these people who come in and do payday loans etc and then a week later want to put stop payments on and not pay them, BUT it is not up to the bank to decide whether the consumer owes the money or not. They are to put the stop payment on and then it will between the company and the consumer.

          • I don’t know about a bank ?but i am telling you that my credit union in my state specificaly told me i cannot put in a stop ach withdrawel.The only thing i could do is put in a stop payment for 15.00 for each stop payment that then becomes permanent.But if they come in and use a different business name example cashcall one time then delbert services the next.I had to put 2 stop payments at 30 dollars.Then they said if they try to withdrawel using another name they can still get the money and i would have to put another stop payment in.I did let my dept of banking know about this problem but i don’t think they are going to do anything even though they have enforcement actions against cashcall ,delbert services and westernsky.

    • Carol,

      I too live in Florida and took a loan out with Western Sky. I am in the same situation with a slice difference I still have a $2300 principal balance. I was not sure what to do! I asked for guidance on this side but was not given anyting specifically. In addition to being confused, so I just filed a complaint with Consumer Financial Protection Bureau (CFPB). I am waiting for a response at this point. Needless to say, I did initiate a stop payment followed by closing my account a couple weeks later.
      I wish you luck!

      • Carol Castro says:

        Hi Tracy:
        I also filed a complaint with CFPB and BBB. I contacted their office and wrote a letter of cease and desist asking also to cancel my EFT. I called my bank and put a stop payment. They sent me an email yesterday stating that the EFT was cancelled, but I should be aware that my payment is due the 1st of each month.
        I hope they don’t after me, I am going through a tough time as it is with my son.
        Thanks

        • Hi Carol,

          I guess I should send a cease and desist letter because they call me multiple times a day. I did send Delbert an email informing them to “stop calling me” and to send all correspondence via United States Postal Service. What do you think? I had not filed anything with BBB yet. Maybe I should do that today!

          • Carol Castro says:

            See my previous post to Michael. I received a response. Apparently, there is a law suit against them. You definetely should write a cease and desist letter to stop all communication with you. I wrote an email and received a response, but I also sent a certified mail to them.
            You should definitely filed with BBB and with the Florida Attorney’s Office either online or by mail.

            Florida Attorney General
            Office of Attorney General
            State of Florida
            The Capitol PL-01
            Tallahassee, FL 32399-1050

            • Hi I’m in nj what should I write in the email

            • Carol,

              I received the below response! I am really confused because there appears to be others who have complained! I am not sure what to do!!!!!! Does anyone have any suggestions!!!!!!!!!!! Maybe I will try and phone CFPB tomorrow.

              Auto-Response 01/15/2014 05:25 PM
              We reviewed your complaint and couldn’t send it to the company for a response. This could be because we’re unable to identify and register the company or because your complaint did not involve a Federal consumer financial law within our authority.
              What happens now?
              We sent your complaint to the Federal Trade Commission, where they’ve added it to a database for state and federal law enforcement agencies.
              Can I hire my own lawyer to look into this?
              Yes. While we can’t give legal advice or represent individuals in legal matters, if you want more help you can contact a private attorney or your local legal aid office for free or low-cost legal resources at http://www.lsc.gov.
              Is that it?
              Not by a long shot. Complaints help us identify trends and problems in the marketplace and understand the challenges people are facing so we can do a better job looking for these problems when we supervise companies, enforce Federal consumer financial laws and write rules and regulations.

              Thank you,

              Consumer Financial Protection Bureau
              consumerfinance.gov
              (855) 411-CFPB (2372)

              • Tracy I would send a new complain for Cash Call (they may not be able to forward with Delbert) list as consumer loan. Good Luck!!!

                • Kelly Busch says:

                  This was the same response I received from the CFPB. I want to write another complaint but not sure how to word it. I don’t want to get the same response.

                  • Here is my complaint with the CFPB regarding CashCall

                    Product Credit product: Installment loan
                    Issue Managing the loan or lease

                    I currently have a loan with Western Sky that was later sold to CashCall then Delbert Services. I recently became aware that the loan practices were possibly illegal in the state of Indiana. I am filing this complaint to inform that I am affected by their practices. I received my loan for $x,xxx in 20xx and started paying in 20xx ($xxx per month) and I am currently still making payments. I have repeatedly tried to get assistance to reduce my payments due to a personal hardship. But have not been given any resolution.

                    Kelly, I would also file a new complaint with the AG office indicating the laws referenced in the Cease and Desist letter that was sent to you and also indicate that you are aware that the CFPB has filed a lawsuit indicating Indiana as one of the States affected by their practices. maybe attach a copy if you can. Also in your complaint indicate if you have paid the principle in full.

                    I filed a complaint with the State AG in January and have not heard back yet. What did the State advise you to do?

                    Also Cash Call did respond the the CFPB compliant that it would reduce my remaining balance interest rate to 20% but i didnt take that either as I’ve already full paid.

                    Hope this helps

            • I have a loan with Western Sky/Delbert and live in Florida, when I looked today Delbert showed my interst rate was lowered to 18%, and instead of owing for 3 more years shows loan will be paid off this December. I called and was told that they had lowered interest rate for Florida and indeed will be paid off in December

              • If thats what you ant to do, then sign but i won’t if they are illegal, if they do things illegal, why do you trust what they will promise you?

  46. Does anyone know if these are illegal in Idaho. Balance seems to be increasing. I have paid way more than I have borrowed.

    • I too live in idaho and as far as I can tell they are legal in Idaho, however that doesn’t make their practices right! The interest they are charging me is 537%…so on a 2550.00 loan I will have paid them a total of 16,000. I have paid of the amount of the loan plus 1000.00. At this point I have closed my bank account and i will wait and see what happens. Since Idaho has no cap on interest a company is allowed to charge, I would love to know what my options are.

  47. I’m from NC, AG filed on 12/16.
    I have a loan with WS that is being collected by DSC. I have paid well more than the required monthly payments. Since I am ahead of the loan payment schedule, can I skip a payment without it being marked 30 days past? I have spoken with them on the phone about this and they says I would need to be granted a deferment. Does this mean I will be reported late if I don’t pay that month even though I have paid more than was required?
    Also, how long are the lawsuits expected to take? I don’t want a ding on my report because I am looking for a job and there’s a chance a prospective employer will check my credit. Since DSC is not acting fairly towards me I have no problem not repaying the principal if a judge rules in favor of the AG, but will this drag out for years? Also, will part of the AG/CFPB lawsuit end in a ruling that the credit reporting agencies are to ignore reports from illegal loans?

    • Michael Bovee says:

      JJ – I would not do anything that would hurt your credit if you believe that it would impair your job prospects, if you can help it.

      The lawsuits can easily drag on for more than a year. Part of a favorable consumer outcome to the lawsuit would be if the loans were considered illegal and void, and that credit reporting of any nature is not permitted.

      • Thanks for the reply Michael. After writing a complaint to the CFPB I got the same response as the comment below mine, which is that they want to reset the interest rate to 20%. I’m thinking that is a good option since as you stated it can drag out for a year or more. Though, I believe if I take the offer and the AG wins the lawsuit my loan is no longer void but within the legal limits. Am I current in assuming that? If I do take their offer I would like for all the interest above 20% in the past 8 months that I paid to be applied to principal. What are your thoughts?

        • Michael Bovee says:

          JJ – You can certainly respond to the offer letter from Delbert for 20% and see about them agreeing to apply that retroactively.

          I do not know how this will all turn out, but there is also a chance that the loans are determined to be void and the principle unenforceable. If that occurs I am skeptical that anyone would see any money back that had already been paid.

          My thoughts are in line with yours if the payments are affordable, and you care about your credit. If either of those 2 things were not your reality, as is the case for many, much of the comments in this string would need to be considered.

          • Hi Michael Bovee,
            Thanks for taking the time to respond to me and others. Do you know of any attorneys in NC or at least what kind I can speak to about my loan. I am in a tight situation and as explained above am well ahead of payments, but the continue to charge late fees and say I cannot skip any payments even if I am 7 payments ahead of the schedule, and that it will be reported late. I’ve seen some people say they had success in telling Delbert they will sue if they are reported late, and have not been reported late.
            If this loan is considered void by my NC AG (filed 12/16), even if there hasn’t been a ruling yet, does this mean the arbitration clause is void and I can sue Delbert directly in court? As you can see from my earlier comment to Nikki, they want to refinance the existing principal, not make the loan retroactively 20%.
            Also, should I take this to arbitration? I’m wondering, if they arbitration is favorable that would put an end to it. Also, perhaps the threat of arbitration at this point, given the volume of legal action against them, maybe the will just fold and reduce the interest rate retroactively?
            Thanks,
            JJ

            • Michael Bovee says:

              JJ – How this all may shake out in North Carolina would be pure speculation on my part. I am familiar with how serious they take these types of consumer concerns (having interacted with, and observed, their offices as relates to debt relief services). Those experiences find me optimistic for what would be a very favorable consumer-centric outcome for NC residents. But you should indeed run your questions RE court and arbitration etc., by an experienced consumer law attorney. I can email you contact points to some if you would like?

        • JJ did you reply to the 20% offer if so what was the outcome?

          • Hi Nikki,
            Yes, I responded and it was a trick to get me to refinance the existing principal at 20%. If I do that, it would be a legal loan I suppose and they would keep all the ‘interest’ paid on the original loan. After having paid 8800 on a 10000 loan I would have refinanced 6900. I told them no and I’m waiting for the AG to push this case through in NC. I don’t know how long a judge will take to make a ruling, but considering that NY, which has similar loan laws, has already won a suit and settled, I can’t believe it’s taking this long. It has been 2 month already and I haven’t seen a single update.
            I’m wondering if using an attorney or taking them to arbitration would encourage them to offer me the same settlement agreement as NY residents have been offered.

            • Okay thanks that’s what i figured! I definitely wont respond then. I thinking it will probably be a year or so. When I researched the NY case it took about 6 months for a resolution. I’m waiting on a response from my AG aswell i submitted in late January.

  48. Carol Castro says:

    I want to update those who live in Florida.
    I sent a letter to the Consumer Financial Protection Bureau
    and received this response from Delbert Services:

    “In summary, this loan is valid and is currently being serviced by Delbert Services Corporation. Delbert Services Corporation has confirmed it has the ability to enforce the terms of the loan and that all material terms were disclosed to Ms. ____ before and after her loan funded. Nonetheless, Delbert Services is willing to reduce Ms. _____ interest rate to twenty percent (20%) for the remaining term of the contract to fully resolve the matter. Please have her contace me to accept this offer”

    However, the Florida State Attorney responded to my complaint:

    “The Office of Financial Regulation has forwarded your complaint to the Florida Attorney General’s Office for review. Thank you for making us aware of this matter.
    We use complaints such as yours to identify patterns of questionable business activity. These patterns may indicate the need for formal investigation or action by our office to protect the broad public interest.
    On December 23, 2013, Attorney General Pam Bondi and Office of Financial Regulation Commissioner Drew Breakspear filed suit against online consumer finance companies Western Sky Financial, CashCall, related companies and their owner John Paul Reddam. The suit alleges that the companies charged interest rates that far exceed what is allowed under Florida Law. ”

    My question to those who know, I don’t have to agree with the 20% interest rate, right? I mean I paid the principal and much more.

    Hope this helps.

    • This is the same response i got from them when i sent my complaint to the the CFPB.Its obvious there going to keep doing what there doing until they are either shut down by the federal government or you just stop paying them.Then they are going to ding your credit report.If i am not mistaken west virginia has a jugdement against them and they still haven’t payed them.In my opinion i think there going to drag this out in court for as long as they can and if they loose they are going to sell the companies or file for bankruptcy and nobody will get anything but that is just my opinion and i am not a lawyer.

      • Carol Castro says:

        At this point I’m not looking for money just to get rid of this ridiculous payments. I don’t want for them to ruin my credit either.

  49. I borrowed money from Western Sky/Cash Call also. I took a settlement to make 8 payments and be done. I made 7 payments and then had difficulty making the last one. They were unreasonable and didn’t want to work out anything else that I could afford. Now I have American Credit calling me and harassing my family members about this debt and threating to take me to court in South Dakota. As anyone else dealt with this American Credit company? I can’t seem to find any information on them and they’re unwilling to give it.

  50. I have a loan with western sky. It was transferred to cashcall and now delbert services. I had a payment arrangement to pay on the 17th but did not do it. I didn’t have the money to do so. Normally they call every hour on the hour but I have not heard from them since I set up this arrangement at the beginning of the month. I am just wandering if they finally shut down too. That would be great. I am scared to call them just in case they have decided to stop collecting. Anybody have any updates on them. I know my state(NC) was included in the law suit.

  51. And I really don’t care to get money back. I just want them to go away and I can’t be hate added at work or I could get fired. Also if they report a charge off on the credit file, it is not that hard to recover from that. Sure it takes a little time but it is possible to bring your score back up in other ways.

  52. Warren Martin says:

    I have a payday loan with one of the Tribal lenders called United Cash Loans, and had been a regular customer with then and no real issues except for the flat fee high interest, but anyway, still did business with them. Suddenly several months ago I got an email telling me that they could no longer do ACH withdrawal for payment and I needed to call them to make new arrangements – it made me suspicious, but I did call and the rep told me that they had a computer issue and that why they could not do ACH anymore. I did NOT give them my credit card like they wanted and so have not paid them since. Last week got another email about they have a third party that I should call.
    So – any info out there on United Cash Loans, are they out of business or what?
    Thank you, Warren

    • Well this is an outstanding announcement, Lets hope they follow suit for pa residents!!!!!

    • I don’t know why there is no language in the settlement agreement pertaining to credit reporting. Cashcall has damaged my credit report with late notices and charge offs. The AG should have insisted that they remove all negative information. I’m going to call the AG office as well as closely follow the CFPB suit against Cashcall. Cashcall are scumbags and I’m sure they will try their best to evade the terms of the agreement.

      • Michael Bovee says:

        JR – Great point about the negative credit reporting JR. There are past examples where that aspect is covered in settlements and consent orders like this.

        • I called the New York State AG’s office this morning and spoke to someone who read me the following (something like this as I was taking notes quickly). If you have not paid back all the principal, you will need to contact the Funds Administrator to discuss having the negative information removed. If, however, you have paid back more than the principal, the negative information will be automatically removed in 2-3 months of when the settlement was dated (January 24, 2014). I asked if it would make a difference if I contacted Experian (which is the reporting agency where mine appears) and he said another woman asked him the same question yesterday, but he didn’t know what the result was.

          • Tina,

            I’m closely following the NY settlement too. My goal is to get all the negative information removed from my credit report. I also disputed multiple times and Experian is the only agency that wouldn’t remove the listing. I spoke to a senior rep at Cashcall a few times, but they just told me to contact the law firm handling the settlement. I emailed and wrote the law firm, a few days ago asking them with help with getting Cashcall to delete the negative info but have not heard from them yet. I will also contact NY State again and the CFPB. The CFPB successfully handled another dispute I had and hopefully they will help.

            • Thanks for the info, JR! I was going to dispute with Experian again, but each time, they want to charge me for a new credit report, so, I’m going to wait until April to see if the negative information gets removed. Can you provide me with the name of the law firm handling the settlement?

              • Tina,

                The name is the law firm handling the settlement is Feinberg Rozen. They are located at 780 Third Avenue, 26th floor new york, ny 10017-2024 I emailed them and sent a written letter on Friday, attention CASHCALL Settlement. I’ll probably follow up with them in a few days and contact the Cashcall rep again. Experian is the absolute worst when it comes to disputes. We’re going to need Feinberg Rozen to force them to remove the info. It this fails, I’ll go back to the CFPB and file complaints against everyone involved.

                • I just spoke with a senior rep at Cashcall. They began sending out information on March 5th regarding the settlement agreement. You need to fill out a claim form and send back to Feinberg Rozen. I asked about credit reporting and didn’t really get a definitive answer. its likely the person I spoke to doesn’t have the authority at this point to make changes and it sounded like our best bet is going to be the Administrator and NYS.

    • I wonder how long its going to take the BBB to update this onto there web site seeing how long it took to update the last time?

  53. Does anyone know the laws in Maine regarding CashCall, Delbert and western Sky? I have by far paid back what I borrowed from them and like everyone else…I still owe! 169% interest! Delbert has sent 2 offers to modify but I haven’t taken them up on it. They seem tothink that lowering the interest rate to 135% is a great deal!

  54. I too took out a loan with Western Sky, my problem is I have this United place calling me repeatedly they have called my ex they have called my employer wanting to serve me with some papers, they know my address, they will not give me a fax number to fax them a cease and disist letter. How do I get them to stop? I am in Indiana.

    • Michael Bovee says:

      Angie – I would encourage you to talk to an experienced FDCPA attorney about any options there may be for the collection calls. Post the name of a nearby large city and I will email you contact info for any I find. Most offer a no cost initial consult. If collection violations occurred, many of these types of attorneys will represent you without charging you a retainer.

      A cease communication letter can be mailed. Be sure to send it certified mail return receipt requested. Sending that letter generally would not prevent a lawsuit.

  55. I also have a loan with Western Sky. Now Delbert. It was for $5000 and I have been paying $487/month for months. I called today and my balance is $5560.20. I live in Arkansas. What do I need to do?

  56. I thought those living in Florida would like to know. The Attorney’s General office filed a law suit December 23, 2013. The link is below! Also, as part of the suit the Defendants must notify the credit reporting agencys and report that all the Western Sky loans made to Floridians are INVALID!!!!

    Please read the suit!

    http://myfloridalegal.com/webfiles.nsf/WF/MMFD-9ENM7P/$file/WesternSky.pdf

    • I see all these complaints being filed by numerous states and the CFPB.In numerous states they are claiming these violations are criminal offenses so why has the federal govenment not filed charges under the rico act there has got to be at least 20 states involved right now.Can anyone answer that ?I find it mind bogeling that these companies 2 of which are owned by the same person just keeps snubbing it’s nose at all these states.

      • Michael Bovee says:

        rocco – Civil and criminal RICO actions are pretty rare. I think we will see a good many state actions get settled. I am not sure what to expect from the CFPB action. They are hyper aware of the issues in the micro lending space, so that is good. The CFPB is also a new agency, which makes it tough to read the tea leaves on how heavy the regulatory hammer is in actions like this, because there are not enough past actions to use as a measurement (at least not in micro lending).

  57. I live in Wisconsin. I too took out a loan from Western Sky in May of 2013 for 2600 and have been paying 294/month since to only have $3 of my principal paid off. I am shocked to hear that the loan was not even legal and I have made enough payments to almost pay the principal in full. With that being stated, I just put a stop payment on my account and I will begin to contact my local entities to see what more I can do. I am not sure if this is going to slap me in the face or not, but its worth a try. Further, I did call Delbert Service and talked to a manager. I told him that this was an illegal and void loan due to the fact that Western Sky illegal originated and serviced the loan without having a license to contract a resident in Wisconsin. Then I told him Western Sky is protected by US State laws due to them being a reservation, however, it was a front that had Cash Call waiting to assume illegally so that they could take over a loan that had interest rates that far exceed an US states guidelines. The guy told me that “technically” the debt is valid. I told him, no it isn’t because I made an agreement with Western sky who falsely fronted the loan in the first place. The loan is illegal and therefore Western Sky and I are in an illegal agreement with each other. He claimed that he would send me the paperwork so I can see how legal the debt is, but I plan to fight, if anyone has suggestions as to the best course of action, please share. This is very unfair especially because in reality I have paid back all the principal on the loan. I was going to pay it off with tax money which would have left me with nothing, but I knew something sinister was about especially because Delbert kept pressuring me to sign my bank information over to them so that they can perform ACH transactions. My thought was, why would I need to do that if you LEGALLY purchased my loan. That’s because they purchased it, but there was never anything legal about it. I have good credit but not excellent and trying to get a loan at a bank was hard. Sad someone with a 680 score can get a bank loan. Either way, I feel someone liberated and ready to fight. Anyone in Wisconsin going though this?

    • I am from Wisconsin too. I sent a email to delbert services and my ach was cancelled. The subject heading is revoke ach authorization. When you dispute their validity they are going to send u something with the western sky jargon. Delbert services does not have a liscense in Wisconsin to originate or even collect a debt. A couple of months ago I filed a complaint with the Wisconsin department of financing on which they forced delbert service to amend their email to removing the verbiage that they are liscensed in Wisconsin. When you cancel your ach payment they will call you 30 times a day. You will have to email them a cease and desist email as well. I informed delbert services that I do not negotiate with extortionist. They keep sending me special offers. I don’t respond because if you agree you then enter into an agreement with them. In which I refuse too

      • Now I have paid my principle balance so that is why I refuse to compromise with those crooks

        • Marneice Hohneke says:

          Thank you Danny. I knew there was something fishy. I argued with the “Supervisor” and told him that Western Sky falsely originated and serviced the loan and therefore it was illegal for him to collect on an illegal loan. He told me that “technically” it was legal….BEWARE to all when they use the term “Technically”. I cancelled the ACH and will definitely create the Cease and Desist email soon. I am so happy that someone from Wisconsin responded. I have paid back 1800 if 2600. Not sure if I should continue to pay off the remaining 800 or just stop altogether. This is great information. Like You Danny I will also reach out to the Wisconsin Department of Financing and if other Wisconsin residents read this they too should do the same. It is strength in numbers that will ensure no one from our state has to endure this.

  58. Kelly Busch says:

    I took out a Western Sky Loan in December 2012, after 4 payments made totalling $721.24 I could not keep up with the payments, enrolled in a credit counseling program and they continued to make payments for me. The CCC paid them $1,296.00. After I noticed the lawsuit from CFPB filed in December 2013, I had CCC stop making payments to Cash Call. Today is February 4, 2014 and I have not heard from Cash Call or Delbert, nor have I received anything in the mail. I live in Indiana and it is one of the 8 states mentioned in the lawsuit. I’m waiting the outcome of the CFPB lawsuit. I don’t know if Indiana will file a lawsuit, but I hope they do.

  59. charlotte says:

    i too feel on hard times, took loan out 2 years ago with what i thought was western sky, then calls came from cash call…now getting calls from delbert services….been reading previous postings..can anyone give me info /advice for someone living in missouri? when are these going to be void/outlawed in this state to where i could look forward being done with these people?

  60. I have taken a loan from western sky which later on sold to delbert as well. i also pay 198 a month for a 1000 loan, which they said was 1500 with the 500 fee. i am in texas and am looking for some advice on how to handle this major loan.

  61. Does anyone have any information regarding New Mexico and if the lenders are legal here? Or at least a website to find out?

    Thanks!

  62. I too have a loans through them and went from Western Sky to Cash Call and now Delbert Services. I have paid $4400 on a 1000 loan. They say I owe another $1152. I shut them down yesterday. I think we need to file a class action lawsuit against these companies.

    • Everyone, file a complaint through the consumer financial protection bureau (CFPB) as a way too proof and evidence..,they will take a complaint against Delbert and request Delbert show proof they have licensed in the state for which you reside…then contact and electronically file a complaint with the your states department of financial institutions who will at a state level perform their own investigations. Doing his will allow you proof that an investigation was conducted and you will have in turn proof of the results. More often than not Delbert won’t respond as they don’t have legal right to collect in most states! Once this is done, hopefully you have placed a stop payment at you bank which will stop Delbert from further withdraws to your bank account. Once this happens you will be flooded with calls and emails….send a cease and desist letter to stop communicating with you AND your employer!!! This is the best way to fully protect yourself in the event they try to take legal action…you will have a valid paper trail and they have invalid…illegal paperwork on their end!

      • I’ve done exactly this in the state of Minnesota. MN has filed a legal complaint against them:

        http://www.minnpost.com/politics-policy/2013/07/minnesota-sues-online-fast-cash-lender

        I’ve:
        a) filed a complaint with the CFPB
        b) filed a complaint with the state of minnesota (banking regulators)
        c) sent a cease and desist of communications to Delbert

        • I too took out a loan with western sky and faithfully have been paying on it for the past year only to find out the principal balance it what I originally borrowed after doing some research I came across lawsuit against western sky, cash call& Delbert services in which my loan was transferred to. I stopped ach withdrawal and contacted the cfpb and states attorney general. I’m in minnesota any other suggestions. I don’t want this to ruin my credit.

  63. I have a loan that was transfered to delbert services the day after i made the loan. These people are the rudiest people on earth. Does anyone know of the laws for Louisiana? I did file a complaint with Louisiana office of finacial institutes & Delbert has yet to resond.

  64. What would you do about this, which payday loan are illegal in our State and they post our state permit as they say. Attorney General this a void as well as a null, has no legal right to collect from our state at all.

    This is the information I got from delbert services
    February 17, 2014

    RE: Loan Total Amount Due: $7,910.05

    This is your opportunity to save up to approximately $36,347.40 on your loan
    serviced by Delbert Services. Currently, you have 82 monthly payments of
    $486.58 remaining on your loan, which adds up to $39,899.56. We want to resolve
    this matter as quickly as possible and avoid further action, so we are proposing
    the following settlement offer:

    � One lump sum of $3,552.16, due and payable on or before February 28, 2014.
    This is a 30% reduction of your current principal balance and would result in a
    savings of approximately $36,347.40.

    Or:

    � 9 payments of $507.45, beginning (no later than) February 28, 2014 and
    continuing on the 15th of each succeeding month. This would result in savings
    of approximately $35,332.51.

    NOTE: If you fail to make each monthly payment on time, the terms of the
    settlement will be null and void and you will be responsible for the full amount
    owed.

    If you do not call our office on or before February 28, 2014 to accept this one
    time deal, this offer will become null and void. We are not obligated to renew
    this offer. If you need additional information or want to inquire about other
    payment plans, please contact this department at 877-983-3523 ext. 6687.

    Sincerely,

    Jovetta Randall
    Delbert Services Corporation
    877-983-3523 ext. 6687

    This communication is an attempt to collect a debt and any information obtained
    will be used for that 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.

    NOTICE: RESIDENTS OF CALIFORNIA, COLORADO, MINNESOTA, MAINE, NEVADA, NORTH
    CAROLINA, TENNESSEE, AND UTAH PLEASE SEE BELOW FOR IMPORTANT INFORMATION

    CALIFORNIA:
    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 http://www.ftc.gov. Nonprofit credit counseling services may be
    available in the area. State and federal law require debt collectors to treat
    you fairly, and prohibit debt collectors from using profane language or making
    improper communications with third parties, including your employer

    COLORADO:
    FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
    http://www.coloradoattorneygeneral.gov/ca. You can contact Delbert Services at 13111
    East Briarwood Ave. Suite 340, Centennial, CO 80012. The telephone number is
    303-308-3839. 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 5:00am to 5:00pm PST

    NORTH CAROLINA: North Carolina Permit Number: 103660

    NEVADA RESIDENTS: Nevada residents should be advised that the balance on this
    letter may include principal, interest, and fees accrued as of the date of this
    letter. Please note that interest may continue to accrue on this debt as
    governed by your original loan documents. Should you choose to make a payment
    via Bank Card or Credit Card, Delbert Services may impose a convenience fee
    ranging from $7.95 � $29.95. A Delbert Services account representative can
    provide specific information regarding this.

    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.

    • Michael Bovee says:

      Jacke – What state are you in? It was not clear from your comment.

      • North Carolina where it is illegal.. They null and void.

        • Hi Jackie,
          How did you get that offer? Have you already paid back more than the original principal? Or are they settling for less than that amount? I am also in NC and they only want to settle on a new interest rate, but on the existing principal (I’ve paid back 8800 of 10K and they want to refinance 6900 of principal). Did you use a lawyer? Thanks.

  65. For anyone that lives in Michigan that took out a loan with Western Sky, The Liblang Law Firm in Birmingham MI is handling cases against them. Please contact them to discuss your rights. Their firm was extremely helpful.

    • Michael Bovee says:

      Thanks for sharing that Nikki. Anyone following up with attorneys that prove helpful with payday and online loans please post about it. Very few attorneys can be seen as specializing in this area.

    • DRJones says:

      I live in Michigan as well and thankfully, I found the Liblang Law Firm in Birmingham, MI by asking the same questions as everyone else on this post. They are handling my case as well. Thanks for the information.

  66. I have a question I live in California me and my husband took out a loan from Cash Call over year ago for $10k. we made 2 payments & after that I lost my job and we were down to only 1 income and not able to make payments anymore , we called Cash Call to try & modify the payment since it was $750 and there was no way we would be able to pay, we did receive a letter from collections agency in December offering a lower amount but we called and advised them we couldn’t make that large of a payment since our income was very limited. now there is a different Collection Agency by the name of American Credit that calls from a #855-244-8931 they call several times at my husband place of work and have advised him he will be served with court papers if we don’t pay them $750 a month said we will only be paying principal balance only, we advised them we are not in a situation to make that large of a payment they said they were not able to lower it down, and if we don’t pay they will take us to court and put a lien on our home. What should we do ,we don’t have the money to pay $750 a month, we don’t want to loose our home or get wages garnished. My thoughts were going to court and trying to get payment lowered to a more reasonable amount from the judge .. Its not that we don’t want to pay we just don’t have that extra cash to pay that large amount.

    any thought ??
    thank you

    • Michael Bovee says:

      aherrera – Generally, legitimate debt collectors do not threaten you with court papers and liens on your home over the phone. Is there more to this debt collectors name than “American Credit”? Any additional information about them that you can offer?

      • no other information other then there name and phone #. they provided all the information that was provided to Cash call, they made contact with my husband employer and advised him they would serve him papers at work and his boss advised them if they do that he would sue them that they had no permission to be on his property . we did call American Credit yesterday and told them to go ahead and serve us the court papers since were are not able to make such large of a payment, and someone was to get back us yesterday to advise when this will be done and we did advise them they can serve the papers at our home address since serving at work would be an issue.
        I did try to google the name and also google the phone # and I was not able to find them .. now we are just waiting for a call back from them.
        thank you

        • Michael Bovee says:

          ah – Thanks for the additional details. The whole thing smells like a violation of debt collection laws to me. And most odoriferous if no suit occurs. It sounds like you are just trying to do the right thing given the circumstances you find yourself. But that should not, in my opinion, allow a pass for what could indeed be debt collectors violating consumer protection laws.

          I would suggest talking about all that has occurred with an experienced consumer law attorney, and one with FDCPA experience. You can email me the name of a nearby larger city. I will reply with the attorneys in that general area that I know have the experience you need. Most of them would typically offer a no cost initial consult to go over the details, so the price is right to get more informed about this.

          • nearby city is Sacramento CA ,
            thank you for our help really much appreciated,,

            • Michael Bovee says:

              I sent an email with contact info to an experienced FDCPA attorney. Let me know how things progress for you.

              • Just got an email from delbert services wanting me to sign a agreement to take out money on this loan as if it where a check and not an ach withdrawel must be something going on.I refuse to sign it it is illegal in pa so what is up with them>>>>>>

              • I have the same thing happening to me ( like aherrera) in Morgan Hill, CA . Can you send me the contact information for a FDCPA attorney.

                Thank you

                • Michael Bovee says:

                  Khaehl – I sent you an email with contact details to an experienced consumer law attorney.

  67. I left a comment on this forum a few months ago but I wanted to give you an update of what has transpired since. When I last dealt with any of the three (Western Sky, Delbert and Cash Call) I sent them one cease and desist letter stating within that letter the violations I was accusing them of and remedies I was asking through the help of my State (Nebraska) Department of Banking and State’s Attorney General. I also informed them that they were not to pursue collections against me and that if they did try to do so AND if they attempted to have anything put on my credit report as a result, that the law suit I would be starting against them would ask for more damages than it was worth for them. To this day they have not done any of that. As a matter of fact, I have heard nothing from them on this. The same with another online payday lender who lured myself and others in using these same tactics (Mobiloans). Yesterday I received a letter in the mail from my states’ Dept of Banking saying they would be pursuing additional investigations against them. This was good news. I believe banded together, States can get these crooks brought down and those of us who fell prey to them can find some relief. Fingers crossed…

  68. I also took a loan with Western Sky and made specific arrangements with them for a fast payoff. It was forwarded to Cash Call within 10 days and my arrangements were then void. To date I have paid back the principle plus $600. In December Cash Call was hit with a lawsuit by the Feds and they forwarded my loan to Delbert Services. They took out two payments, one in January and one in February. They then sent an email stating they needed me to sign papers for them to withdraw funds from my bank, even though they already had done so. I have filed complaints with both my state, who told me Cash Call’s license had been cancelled and Delbert is next, and also the Fed Consumer protection who has filed the lawsuit. I was advised to close my account, which I am doing. I hope that many others will file complaints to get these predatory loan services out of business.

  69. So I’m in North Carolina and I took out a loan for $1500 with Western Sky and was transferred like everyone else to cash call and then delbert services. To date I have paid $1400 and my payoff quote is $1800! So I have closed my bank account and now receive calls daily from 8am-9pm from delbert. Can anyone please help me and tell me what steps I should take next?

  70. I took out a loan with WS in June of 2013 for what totaled to be 1500 dollars. In October the collections were switched over to Dilbert services. I knew that the interest rate were ridiculous but needed the cash at the time. Although Ive never missed a payment I was researching just this morning. When I pulled up my account low and behold my interest rate was changed from the 218 percent on the contract to 18 percent. With the final payoff due date 8 months earlier than first anticipated. 90 percent of my payment now goes to the principle. Has anyone had this experience. Im trying to wonder what happen. How all of a sudden my rate is now at a cool 18 percent. Maybe its because Im a Florida resident? I dont know. anyone had this experience

  71. Does anyone know the laws in Oklahoma? I borrowed $10,000 from Western Sky/Cash Call/Delbert Seevices. I have paid them $17,500.00 back. They have harassed me and I have been done with them since October. I have paid my Principal plus a lot more. I have not filed any complaints anywhere. They say I still owe them $3500. My credit is of course horrible or I would not of taken a loan out with this type of interest. My question is what happens from here? They now say they are writing my balance off. Are they going to sue me? I can’t afford an attorney to file against them? What should I do? By the way thank you for having this Website! It is nice to read others response.

    • File a complaint with both Oklahoma and Federal. I was advised to close my account and send a cease and desist letter. Western Sky and Cash Call are both illegal in OK, and Delbert is being investigated. If you have paid back the principle plus more (and looks like you have) you should consider them paid in full and state so when you file the complaints. Everyone who has had dealings with these three needs to file the complaints to ensure that something gets done about them!

  72. Hi, I live in Maine and have the same story as everyone else here. I have paid the s e thieves over $600 above the principal of my loan of $800 (but I only received $500)! I noticed on my states website that Delbert actually has a licence to do business in Maine…but of course not Western Sky or Cash Call. Am I doomed? Can Delbert continue to harass me? The keep sending “settlement” letters but as far as I am concerned, I have already paid $600 more than I should have. Advice please!!!!!

  73. I live in NM. I am also haveing a problem with Western Sky/ cashcall. I am now being harassed by a private locator and Goldstein and Associates. What can i do to stop the calls they also called my hr department at my place of employment and left them messages as well. any help will be appreciated

  74. Does the State of Arizona have a lawsuit against Western Sky Financial?

    • Michael Bovee says:

      Torrinio – I could not immediately find any information about the state of Arizona filing suit against Western Sky, Cach Call, orDelbert Services.But from the CFPB website:

      “The CFPB’s complaint alleges that defendants CashCall, WS Funding, Delbert, and Reddam have violated the Consumer Financial Protection Act’s prohibitions on unfair, deceptive, and abusive acts and practices. The Bureau’s investigation showed that the high-cost loans violated either licensing requirements or interest-rate caps – or both – in at least eight states: Arizona, Arkansas, Colorado, Indiana, Massachusetts, New Hampshire, New York, and North Carolina. Under statutes in at least these eight states, any obligation to pay such loans was rendered void or otherwise nullified in whole or in part by law. Therefore, the defendants are collecting money that consumers do not owe.”

      Have you contacted your states attorney general office to inquire?

  75. Hi — I am a California resident and received a loan from Cash Call in February 2012. I have been making on-time payments of about $750 every month since. I have not had the full amount in hand to pay off the full balance, but have, over time, paid over $19,000 so far for the original loan of $10,000. If I were to pay off the full balance today, I would still owe over $10,000. If I continue to make the payments, it would result in over $60,000 being paid back. I wanted to get advice on whether or not I should be repaying this back still, if I should see a lawyer, or what. Thanks for any help.

    • Michael Bovee says:

      Jesse – I can refer to a consumer law attorney in California that offers no cost initial consults if you like. Let me know in reply and I will email that info to you.

      • That would be very helpful, Michael. Thanks for your help. I did speak with our consumer affairs office in the State, who said Cash Call was legal in California, so I’m not sure a lawyer would be helpful. Apparently regulations for loans over $2,500 are completely unregulated in the State. Any one else in that situation that has had a good outcome talking to lawyer?

        Thanks for the information!

        • Michael Bovee says:

          Jesse – For me, it boils down to math and reason. The math in your situation is completely unreasonable. I will send the email with the contact info you need. But the focus may need to be from a what if perspective (as in, what if I were not paying, how does that play out).

  76. What are the laws in Virginia in regards to Delbert? I can’t get a straight answer out of the attorney general in virginia.
    Please help

  77. Kelly Busch says:

    This is the response I received from Cash Call when I filed the complaint with the CFPB:

    Company responded
    Cash Call Inc, Western Sky LLC said:
    Explanation of closure
    On December 17, 2012 per the Notice of Assignment, Sale or Transfer of Servicing Rights e-mail sent to the address provided by Ms. Busch, Ms. Busch’s loan was sold to WS Funding, LLC (“WS”), and is currently being serviced by CashCall. Under long-standing principles of assignor-assignee rights, CashCall is permitted to stand in the shoes of the maker of the loan and enforce the terms of that loan pursuant to the choice-of-law provisions contained in the agreement.

    Additionally, on December 14, 2012, a “Welcome Call” was placed to Ms. Busch in which a representative went over the terms of the loan with her, including the interest and repayment schedule. Ms. Busch gave no indication that she did not understand or did not agree to the terms of the loan.

    In summary, this loan is valid and enforceable, and we have confirmed that Ms. Busch’s account balance is accurate and that we are reporting all credit information correctly for this loan. According to our records, Ms. Busch has made only 9 scheduled payments to this account. As of the date of this response, Ms. Busch’s remaining principal balance is $1,369.84 and the payoff amount is $2,526.86.

    Please be advised CashCall is more than willing to work with borrowers who are suffering economic hardships and would like to work with Ms. Busch to resolve this matter. Please have Ms. Busch contact the Dispute Resolution department at (714) 221-3300 to discuss a possible deferment, modification or settlement to her account.

    Dispute

    Response
    Initially, please be advised, the executed Promissory Note gives CashCall, or any other servicer, the authority to withdraw payments and fees and to resubmit payments that were returned. As stated in Ms. Busch’s Promissory Note, Ms. Busch has the right to cancel the EFT authorization by providing CashCall with written notice of such an election. We received Ms. Busch’s written request to cancel automatic withdrawals from her bank account on May 14, 2013. CashCall has confirmed that no attempts to withdraw from Ms. Busch’s bank account were submitted after this date.

    With regards to Ms. Busch’s loan, contrary to Ms. Busch’s complaint, her loan is not a payday or deferred deposit account; rather it is an installment loan was originated and funded by Western Sky on December 12, 2012 in the amount of $1,000.00, which is the loan amount of $1,500.00 minus the $500.00 Prepaid Finance Charge/Origination Fee. All questions regarding the origination and funding of Ms. Busch’s loan should be directed to Western Sky, at: P.O. Box 370, Timber Lake, South Dakota, 57656.

    As background, Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe.

    Upon review of the file sent to CashCall by Western Sky, the loan documents clearly indicate that the laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of Ms. Busch’s loan, and she further accepted this choice of law and jurisdiction by executing her loan document. These facts were explained to Ms. Busch when she applied and again when she signed her Consumer Loan Agreement (“Note”).

    Further, all Western Sky borrowers are instructed to read their Promissory Note in its entirety. Once they have done so, they are required to electronically sign or initial the Note in two different locations. The second of the signatures represents the borrower’s confirmation that he/she has read and understands the terms and conditions of the Note. According to our records, Ms. Busch signed the Note on December 10, 2012, via electronic signature, indicating that she did indeed understand the terms and conditions of the Note. This Note, in its original format, is an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations.

    The Truth in Lending Act Disclosure Statement at the top of page one of Ms. Busch’s Note clearly displays the Annual Percentage rate (“APR”) as 233.16% and Total Finance Charge of $3,886.94. The APR was disclosed in accordance with the requirements of the Truth in Lending Act. Notwithstanding these disclosures, borrowers are free to pay their loan in part or in full at anytime without penalty. Ms. Busch was also sent a settlement statement via electronic mail to the address she supplied, confirming the terms and conditions of the Note, on December 13, 2012.

    • Sorry to see that, Delbert Services did respond to the AG office on 2/27 regarding my complaint but I am waiting to see what the AG advises. Delbert stated that they would reduce my interst to 20% but i needed to respond by 3/8 not going to happen like I’ve stated in previous comments I’ve paid double of what i borrowed so we shall see. I hope things work for you. We could always file a lawsuit together for the state of indiana residents that have been affected by Western Sky/Cash Call/Delbert Services.

    • I think you should ignore Cashcall at this point and wait for the CFPB case to play out. The CFPB filed suit against Cashcall in December. I would expect them to reach a settlement similar to the one that NY and Cashcall agreed upon. Good luck!

  78. Can you tell me what the laws in South Carolina are for this same situation?

  79. I took out a loan with Western Sky last year that was transferred to Delbert right after I took the loan. I still owe $2800 in principal; but have stopped payments. I cannot afford to make the payments that they want at the moment and was hoping to see the results of the pending CFPB lawsuit before making any payment arrangements with them.

    Should I just ignore their email offers until I see the results of the lawsuit? What actions will they take against me other than hitting my credit report? I did send the cease and desist which they have honored so far.

    Thank you for any advice.

    • You should continue to ignore Delbert. There’s nothing they can do to you at this point. They may try to scare you buy threatening to file a suit but it would be many months for them to actually sue you and win a judgment. I would at this point file a complaint with the CFPB that Delbert is trying to collect an illegal loan. That should slow down any efforts by Delbert to sue. I expect the CFPB and Cash call to reach some type of settlement similar to the one reached in NY but that could take a few months. The damage to your credit report will continue, but any type of settlement by the CFPB should correct this. Good luck and don’t let these clowns try to intimidate you. They know the end is near.

  80. I have not received anything further from Delbert, Western Sky or Cash Call but today I received a letter from our state Dept of Banking attorney. He said Delbert’s attorney contacted them and stated my loan balance had been “written off”. I am clarifying with them what that exactly means, as I have received nothing to this point from any of the three. To me, written off means it has just went into collection status and that they will sell the debt to a bottom feeder and will come after me for it. I have brought this up to the State attorney to see what can be done, if this is indeed the case. If it is not what they mean by ‘written off’ then what exactly DOES it mean? Has anyone else received this or a similar message? They have never sent me an offer or anything (not that I would agree to one to begin with, but still…) I see many of you who have posted on here, have received this ‘offer’. Has anyone heard their debt is now ‘written off?’

    • This is an accounting term they used it to write off the debt used for irs purposes and not to mislead there investors they can still sell the debt.Goggle write off and you will see.

    • Julie,
      What state are you in ?

      • Nebraska

        • No iam in pa awaiting my dept of banking to go to court with these entities.

          • I don’t know who there investors would be other the mr reddam himself or whatever his name is it has been proven that they don’t act as tribal government it is one not even full indian acting on his own behalf with a license from the state of south dakota. After i took out this loan i have been googleing everything about this issue iam now an informed consumer and these people are definatly rpping people off i wish i would of done it before this stupid loan!!!!!!!!!!

            • The question is, in states with laws similar to NY, such as where I live in NC, would it be possible to just take them to arbitration and cite the facts from the NY case? I believe in that one they pointed out that the tribe has the authority to do certain things under Federal law, but that a tribe member is not privy to the same. I even read somewhere (possibly in one of the filed AG lawsuits) that on tribal land the actual max interest rate is 18% or something like that.
              Michael Bovee, would it be wise or possible to take them to JAMS arbitration and cite the NY federal case as precedent?

              • Michael Bovee says:

                JJ – I would better be able to comment about whether initiating arbitration with JAMS can serve an individual’s strategic purpose, if I knew what the end goal of doing so was?

                What is the verbiage of the arbitration clause in your agreement?

    • Good news! (For me anyway, but I suspect, for some of you, as well soon!) I received a copy of my original Western Sky Loan Contract from Delbert that contained a “PAID IN FULL AS AGREED” stamped on it! It seems that whatever took place between Nebraska’s Department of Banking and these crooks did the trick. I am very thankful and relieved for this but I will also continue my efforts to keep others from falling prey to them in the future. I hope to see this result or even better for all of the people who were victims of these criminals.
      IF YOU ARE STILL PAYING THEM (DELBERT OR CASHCALL), PLEASE STOP FEEDING THIS DISASTER! IT IS A WASTED EFFORT AND THAT MONEY COULD BE UTILIZED TO FEED YOUR FAMILIES OR PAY LEGITIMATE DEBTS. IF WE ALL STAND TOGETHER, THIS MADNESS WILL STOP.
      Good luck and keep in mind, there IS HOPE!

      • That is good news for everyone there,.I haven’t got one of those letters yet iam still awaiting my state to go to court.I have a feeling that the federal ruling in nevada may have something to do with this.Where a federal judge ruled that the ftc can regulate tribal lenders it is a big win for the ftc.

      • That is fantastic news, I was receiving settlement offers via email and through the USPS but have not recieved anything in a few months. Hopefully I will be receiving something similiar soon!!!!!!

      • Julie
        Did you file a complaint with the State Department of Banking and Finance? I have contacted the Attorney General in Nebraska and filed with the CFPB. I am sending Delbert a cease and desist order and have closed my account that they draw on. I would like to contact you to learn more about how you dealt with this. My email is garymbenson.gb at gmail dot com if you want to contact me directly.
        Thank you
        Gary

        [Edited commenter email so it appears less spam friendly]

        • Gary,

          I did file a report with the Banking & Finance Department. I will email you with the details of what I did on my case. Mine was taken care of and I owe nothing. I have a signed contract stating paid in full now. To date, there is nothing showing up on my credit report from these scum.
          I will get an email out to you today. If you haven’t heard from me, feel free to email me at jewells67 at me dot com.
          Good luck,
          Julie

  81. Cheyenne Sioux River reservation members. Sorry I butchered the tribal name in my post.

  82. marneice says:

    Apparently my last comment did not get posted. Here is the deal. I have joined others in this fight by filing a complaint with the CFPB and the Wisconsin Department of Financial Institutions. This must be done in order to obtain a paper trail and to expose Delbert Services. I think everyone fails to realize that Western Sky the originator and initial servicing of the loan has been FEDERALLY shut down AND their loans deemed void due to the fact that they were fraudulently made. Just because Delbert Services chose to purchase these loans is their problem. I have over the past 2 months been getting calls from Delbert even got an offer to settle. Food for thought…why would a company who claims to have legal collection rights, settle for thousands at a loss. Further, if you have taken action against Delbert you will find that they continuously respond as most of you have experienced with the following paragraph which is key: “As background, Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe”. This means that Delbert can’t touch you unless they reside in South Dakota and within the Cheyenne River Indian Reservation as the note states that only members within the reservation can enforce the loan. Even further, the only way that Delbert can do anything to you is if they are licensed in your state. They are not in Wisconsin, so they cannot legally collect on any loan even if it were legal. In this case the notes issued and serviced by Western sky have been deemed void and fraudulent. We all need to file complaints with the CFPB for starters. Now, even if Delbert is licensed to collect in your state use the above statement that Delbert continuously uses to push enforcement against them. You see, the tribe protected themselves with this language and in turn protected you under tribal laws as well. No entity outside of the reservation can sue you. They can scare you but not sue. They can even put something on your credit report unless you get smarter. File the complaint, Delbert will send a response that will help you stock up on ammo. Use this letter against Delbert and state to any credit reporting agency that you can’t be sued by anyone outside the reservation. By the way, Cash Call and Delbert are in California and more than likely are only licensed in a few states. Now show this information to anyone that you need to clear your name with and you will find that once they read the language in the paragraph I listed that they have to consider that Delbert is illegally collecting and reporting negative information. Also use findings that the CFPB puts against Western Sky as they are paving the way to represent any loan originating and serviced from Western Sky as being null and void under fraudulent practice. This helps you to prove that there are ongoing investigations and that you were “scammed” and therefore the claims presented by Western Sky which no longer has a voice, or Cash Call or Delbert Services are trying to collect on fraud. I am not an attorney but I am a Business Analyst by trade and analyzing the responses, and the quick “we will forgive you” tactics by Delbert shows that they are only pursuing us to obtain as much money as they can even if it is illegal. We make it “technically legal” (this is what the guy at Delbert says) technically legal when we pay them the money they ask for. There isn’t anything illegal about giving your mom or sister money when they ask for it is it? Think about it.

    • megafixall says:

      Hey I just found out that the state that I live in, New York sued CashCall, WesternSky and Delbert services, and won a major victory in court. CashCall settled. And since I had a loan out with WesternSky and then CashCall because they took the loans over, I realized that the loans were considered “Null and Void” by the state and the court, so I immediately called my bank, and had 3 months worth of payments PUT BACK into my account, because the bank said that it was the most I could go back with. The bank said that estigating the “fraud charges, that it was verrified, and I had over $2239.17 put right back into my account the next day. That’s right, and this was a couple of weeks ago, and I have not heard “Boo” from CashCall. So this must speak volumes. And just let them even think of calling me up.

  83. I spoke with the consumer protection folks in California and they said Cash Calls can charge us whatever they want in California. The law for loans above $2,500 allow for just about anything. How can each state be so different and if the federal government is involved, why wouldn’t decisions impact all loans?

  84. Michael Bovee says:

    Some news out today related to payday/online/micro lending and tribal immunity (Western Sky has argued this): Judge rules against online lenders

  85. Catherine Riddle says:

    I would like to thank everyone for posting their experiences and keeping this movement alive. I took out a loan from Western Sky in May of 2013 I have been making my payments quietly while struggling. I went through all the transitions, cash call and Delbert. 2 days ago I called Delbert Services to ask for some sort of modification or help to lower my payments in some way due to hardships. I have new medical bills and all of my regular bills are skyrocketing and my income has not changed. They would have no part of any modification or relief. I immediately started researching my options, debt consolidation or something like that. If it had not been for their denial of help I would have never known that there was an issue in the initial lending process. I have paid over $2700 for a $2600 loan and my principal balance is almost $2800. I have filed complaints with the BBB, the CFPB, the Michigan Department of Insurance and Financial Services and the Michigan Attorney General. I have notified Delbert that I have revoked their permission for my ACH withdrawal and I consider my loan paid in full. As of right now I haven’t gotten much of a response. I did speak to the DIFS and fhe DIFS of Michigan says that Western Sky was not licensed to do business in the state of Michigan so the validity of the loan is questionable however Delbert does not need to be licensed to collect on the loan, but because there is validity issues with the origin I may not be bound to the terms (although I would have to pay the principle more than likely). The DIFS has issued a cease and desist to Western Sky last year and there was a court date but nothing was ever followed through and as of 3/19/2014 they are still investigating but nothing further has been done. I have never been late on a payment and I never questioned anything, if I had not sought assistance for making the loan more affordable during my time of need I would have never known there was a problem THANK YOU Delbert Services Corporation for not assisting me! I will do everything in my power to assist in taking down these scammers.

  86. Marianne C says:

    I live in RI and have a loan with Western Sky for the amount of 2,600.00. Cash call and now Delbert is taking my payments. I do not believe that I have signed anything that is allowing Delbert Services to withdraw from my account. I have paid back almost all of the 2600.00 that I had borrowed. Does anyone know if the state of RI is doing anything with this issue. I am seriously thinking of stopping them from taking money from my account. I am nervous about the outcome if I do this, but reading all of these emails above I think that it might be the right thing to do. I do not want to be taken advantage of. Please let me know your thoughts and what to do.

  87. I live in California and needed money and applied for a Cash call loan of $5000. I have paid over $11 k and lost my job and was not able to pay. For about 6 months I paid $150 for 6 month but it was killing me because I am a single mother and have two kids. I had closed my bank account and I have received calls letters from Smith and associates. I don’t know what to do I have had the depth for a long time and it keeps growing I refuse to pay . I have paid double of what they gave me and my balance is growing. They keep calling me and writing me I want this depth to disappear. Does anybody know what I can do and what my rights are .I greatly appreciate any help!

  88. Michael Bovee says:

    For those interested, there are some great takeaways in the CFPB report out today about payday loans: http://files.consumerfinance.gov/f/201403_cfpb_report_payday-lending.pdf

  89. marneice says:

    I received this email from Delbert Services today. Had anyone else received this and ignored them? If so, what happened next. I am from Wisconsin and I have been ignoring them for two months.

    March 27, 2014
    Re: Loan ID 27285718

    Dear Customer:

    On or after March 17, 2014 Delbert Services sent out an offer to you that had an expiration date of March 28, 2014.  If you need a copy of these documents please feel free to contact Delbert Services at 1-877-983-3523 and we will happily forward the information to you.

    Upon completion, we will wipe the slate clean and you get a fresh start with Delbert Services. We will report your loan as CURRENT to the credit reporting agency.

    Don�t let this incredible deal pass you by. Act NOW, or if you have any questions about this fantastic deal, please give us a call. We are here to help you!

    Return the signed Modification Agreement via fax to: Delbert Services, Attn: Loss Mitigation Team, 855-983-3523.

    Sincerely,

    Delbert Services Corporation
    877-983-3523

    • I received an email like this today. Mine says I have to send ONE payment and they will make my loan current. It is a PDF and five pages long and among other things says I give them permission to do an investigation of my ability to pay by contacting my employer, getting a credit report and anything else they want. Guess they think I am stupid enough to sign something like that. I have never said I cannot pay, my premise is that I have repaid the principle plus more and I consider it paid as it is an illegal loan in my state.

    • My state Attorney General office rep has said that these loans are not collectable in a state in which Western Sky and Cash Call are not licensed. They do not know of any lawsuit being brought in our state from these companies.

  90. I received a letter from the New York State Attorney General’s office yesterday, the gist of which is:
    Refunds: Under the terms of the settlement agreement, certain borrowers will be eligible for a refund. A borrower is eligible for a refund if he/she (1) received a loan from Western Sky while a resident of New York and (2) paid Western Sky, CashCall, WS Funding or an entity collecting on their behalf more than he/she received from the loan plus the legal interest rate of 16%. Refunds will be distributed by a third party administrator, Reinberg Rozen LLP. By the end of May 2014, the fund administrator will contact each New York borrower with additional information on submitting a claim form. To receive a refund, a borrower must submit a claim form to the administrator.

    In some instances, the loan may be modified.
    Category 1: Borrowers that have paid Western Sky, CashCall, WS Funding, or an entity collecting on their behalf more than they received from the loan – Cash Call will reduce the principal balance of the borrower’s account to zero and cease all collections.
    Category 2: Borrowers that have paid Western Sky, Cash Call, WS Funding, or Delbert Services less than they received from the loan – CashCall will reduce the principal balance of the borrower’s account to the difference between the amount the borrower received from the loan and the total paid by the borrower. The interest rate will also be reduced to zero.
    Credit History Adjustment: Credit-reporting agencies that maintain a record of the loan will be notified that records reported by Western Sky, CashCall, WS Funding or an entity collecting on their behalf should be removed from the borrowers’ credit histories.

    So, yay! I’m psyched that this debacle will finally be resolved and my credit history will be repaired!

  91. I’m so glad I took the time to contact the AG’s office and file a complaint! It was well worth the effort. Also…lesson learned.

    P.S. Thank you, Michael, for providing this forum so people like me don’t feel like they are the only ones in this mess!

    • That’s great Tina. I too managed to finally get Cashcall of my Experian and all the other credit reports!

      • That is so great………I wish Ohio would get on the ball. They are not doing anything. I tried the CFPB but that only went so far. I haven’t been able to get my credit report cleared.

      • Hi JR, how were you able to get Cash Call and Delbert Reporting off of your credit report?

  92. Michael, I guess the previous thread of comments didn’t allow for any other posts. I agree that the issues with the credit reporting is contradictory but since I haven’t made a payment since December and the payments for December and 2 months prior have been redeposited to my account by my bank. I thought I would see some negative activity as well but maybe not.

    I guess at this point I will continue to wait on a reply from my AG office or the out come of the CFPB lawsuit.

    • Michael Bovee says:

      Sorry about that. There are more benefits to limiting each string to 10 comments than there are drawbacks.

  93. Michael, here is a link that may help explain Chase’s policy on payday lender

    http://dealbook.nytimes.com/2013/03/19/jpmorgan-reining-in-payday-lenders/

  94. I have a Western Sky loan with Delbert, I was traveling and needed money quick, was in a different state then my home state and have moved since. The loan has my old Tennessee address.
    Do I deal with Tennessee or my current state (WA)? I have paid appx $3100 on a $2500 loan. My last payment paid $5.12 toward principal and interest of $289.34
    Help?

  95. Kelly B says:

    I wrote a complaint to the Indiana State Attorney General’s office last summer (2013), not much came out of it, in November/December 2013 I recieved a letter from the Attorney General’s office that was given to them from the Indiana Department of Finance Institutions a notice to unlicensed Indiana Lenders who are soliciting business in Indiana. When I discovered the CFPB filed a suit in December 2013, I wrote another complaint to the Indiana State Attorney General office, as of now I have not heard anthing, so I sent an e-mail to get any updates. I was advised that my second complaint was combined with the original since it involved the same companies and I received another e-mail advising me that they are handling the Western Sky, Cash Call, Delbert matter. Indiana has not taken any formal action yet but they are moving forward. I just wanted to share this with those of you that have a loan from Western Sky/Cash Call/Delbert who reside in the state of Indiana.

  96. Since all of these are online contracts, whose state laws apply? While I’m a California resident, I was actually in Texas at the time of taking this loan. My loan contract says the laws of California govern it. Do others’ contracts say the same since the company is from California? Or do they have your home states as the applicable law?

    I’m just wondering how online contracts cannot have all the same rules. If invalid in one state, why not everywhere. Or at least maybe the argument can be made in court.

    • Kelly B says:

      This information below is in my contract. I took out the consumer loan with Western Sky and I took out the loan in Indiana and reside in Indiana.

      GOVERNING LAW. This Agreement is governed by the Indian Commerce Clause of the Constitution of the United States of America and the laws of the Cheyenne River Sioux Tribe. We do not have a presence in South Dakota or any other states of the United States. Neither this Agreement nor Lender is subject to the laws of any state of the United States of America. By executing this Agreement, you hereby expressly agree that this Agreement is executed and performed solely within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation. You also expressly agree that this Agreement shall be subject to and construed in accordance only with the provisions of the laws of the Cheyenne River Sioux Tribe, and that no United States state or federal law applies to this Agreement. You agree that by entering into this Agreement you are voluntarily availing yourself of the laws of the Cheyenne River Sioux Tribe, a sovereign Native American Tribal Nation, and that your execution of this Agreement is made as if you were physically present within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation.

      • From what i read this seems to be the issue the Cheyenne River Sioux Tribe has no laws governing unsuriuos rates and they don’t recognize arbitration that so far has been proven with inhibitor verses cashcall.And these loans where made from a person whom was licensed by south dakota not the tribe.The tribe did not issue these loans to benefit there government.It was a member of there tribe for his own personal gain.That is according to all these complaints that have been filed.

        • Rocco,
          Keep reading, The NC AG already investigated it: http://www.ncdoj.gov/getattachment/a7ac9131-6e4d-4a28-b78f-1be3cf19143d/CashCall-Complaint-Final-12-16-2013.aspx provision #32 specifically states: “The laws ofthe Cheyenne River Sioux Tribe expressly ban usury, and provide that the violation of the Tribe’s usury statute is a criminal offense. Specifically, Section 3-4-52 ofthe Cheyenne River Sioux’s Law and Order Code prohibits the charging of interest greater than 18% per annum for loans in excess of$100.00.”
          Supposedly, Exhibit F shows the actual tribal code as well, but it’s not attached to the document I linked above.
          As you stated, Mr. Reddam nor Mr. Webb are the Tribe themselves, they are members and subject to the laws of the tribe. To say they enjoy the same allowances as the Tribe is to say that being a resident of NC allows me to take direct Federal loans and programs because I too am a state. What they argue for is that the Federal government doesn’t have usury laws and therefore they have not bound because the Constitution of the US governs Indian Affairs, not that the CRSTribe doesn’t government. They are claiming they are the tribe!
          I’m seriously considering taking these scumbags to JAMS (arbitration) and arguing that I should has the 18% APR applied to me loan retroactively. I’m not behind on my loan, but this month a partial payment would make the total of my payments equal to the original principal and I don’t intend to pay any more unless my AG cuts a deal. Hopefully, the loans will be ruled illegal and I don’t have to pay anything more. Good luck everyone!

  97. Marianne C says:

    Can someone please answer me regarding the State of Rhode Island. I posted before and have received no replies. PLEASE PLEASE LET ME KNOW.

    Thanks

  98. Hello, In 2010 took out a Cash Call/Western Sky loan, agreeing to ACH debit payments. All was well. I repaid the loan within 8 months with no penalty by requesting a total payoff balance. In 2012 I needed money for emergency auto repairs, so I took out another loan with them. Unfortunately, I wasn’t able to pay this one off as quickly. After 12 months of making every payment on time in full, they sold my loan to Delbert Services. This company began debiting funds from my bank account without my knowledge or consent. When I inquired as to who they were and stopped their ACH debits they began Collections calls to me between the hours of 5am to 10am everyday. Even after advising them of the time they continued to call. I have filed claims against them with the BBB, Attorney General (of 3 states) and FTC. Delbert Services is a collection company and my account was not in collection status, late, or unpaid. They had no authorization to access my bank account, but Cash Call/Western Sky shared my personal bank account informatino with them. After speaking with DS I requested a payoff balance and sent them a lump sum cashier’s check. They refused to apply the funds to my account, disposed of the check, and posted derogatory nonpayment status to all three credit bureaus. Not only is this noncompliance of my original contract, but I believe this is a violation of my consumer rights on several levels. My point… Borrower’s Beware !!!!!!

  99. Melissa Rolon says:

    I am also a victim of Western Sky/Cash Call/Delbert Services-My husband and I each opened a loan with Western Sky for $2500-
    When we had taken these loans out, we agreed that it would be 36 months. Last year- September/October, we received an email from Delbert Services- telling us that our loan had been transfered to this company.
    I was upset at first, because online they are listed as a collection agency, and I hadn’t missed any payments, so i called them. They informed me that they just transfered the loan to them, and nothing has changed. Everything that was in affect before, is the same.
    I got online access to our accounts- and noticed that our loans are not for 36 months- they are now stating 48 month loan. I tried to find my original documentation from Western Sky, but haven’t been able to find it. I know that I did not agree to 48 months- Between the two loans we have paid $13,865.00 for borrowing $5050.00- I checked our balances today- and we owe more now than what we borrowed. How is this even legal? How is it legite to pay this much back- and now owe more than what we borrowed. I don’t know what to do- we are paying $590 a month – we are getting ready to buy a house, and I can’t have anything negatively affect my credit. I know that these are on my credit, because the mortgage co. asked us about these. When it was Western Sky, they did not report to our credit. I am not seeing anyone else in WI with these issues- does anyone else in WI have or had a loan through them that they are now fighting? I really feel that they are in some kind of violation for taking all these payments, and having our balance higher than what we borrowed. They state that we still have 15 more payments left on my husband’s loan, and 32 payments for mine. I want to seek out legal help on this. I did put a complaint in with the State Attorney Financial Office, and hope that this helps. Any other advice would be appreciated. I want to stop the ACH payments, but fear destroying my credit. HElP!

  100. Is there anyway to find out about the status of the CFPB complaint? I know it was filed on December 16th and an amended complaint updated on March 25th. How long do these lawsuits generally take, months, years? I am anxiously waiting the outcome. I have managed to get all my old debts paid off with the exception of a car payments and Western Sky/Cash Call. This Western Sky/Cash Call loan is the only thing holding me back and I have paid above and beyond the principle and refuse to pay them anymore pending the outcome of this lawsuit. I live in Indiana( where the loan was originated as well) which is one of the states named in the lawsuit under ” Violation of Interest Rate Caps and Licensing Requirements”.

    • Michael Bovee says:

      If you are really into watching this type of thing unfold, and want to get into the minutia of the case being presented by the CFPB, and the defenses too, use PACER to get up to date federal court information. The case is filed in federal district court of Massachusetts

      • Does anyone know — would the outcome of the case only affect those states named? Or would it be federal and impact all states since the federal government is bringing the suit?

        • Michael Bovee says:

          My guess is that the case will get settled, and that the CFPB will be looking to bring an impact to consumers nationally as part of that agreement. States like mine that do not seem to have this issue on their radar would benefit from this. But it’s hurry up and wait to see if I am right.

      • Thank you Michael, I did register for access to PACER.

  101. I did register for PACER, didn’t really get any information I was looking for so I sent them an e-mail to pay whatever I owe and close it since I doubt I’ll ever have a need again to access the website. I will just continue to have patience and wait the outcome.

    • Michael Bovee says:

      I hear ya. I just pulled the docket after seeing your comment. Not much happening in the case yet. Jurisdictional issues will be resolved before discovery which is where you can often download filings along with a bowl of popcorn. That said, I would like to change my guess to next year….

      • So was doing a little research i wonder if cashcall in the UK has the same owner as in the U.S.which is Mr J .P.Reddam?No wonder why this crook has so much money!! He is probably ripping people off in the U.K. too!!!!!!!!!!!!!!!!

  102. Kelly B says:

    I was searching for updates in the lawsuit against Cash call from CFPB. See Case 1:13-cv-13167-GAO Document 32 Filed 4/11/14. It appears that they want the case to be transferred to Central District of California or, alternatively, to dismiss all claims against J Paul Reddam for lack of Personal Jurisdiction.

  103. I am sure he has some judge in his pocket there.And the laws in california regarding this lender is very lax.I would hope the judge reveiwing this case will not dismiss claims and not allow him to tranfer to central district of cali.

  104. Hi Michael, GA filed a lawsuit against these guys last year. Is there anyway or anyplace to get an update as to the status? The AG website says the case is still open in Fulton County Superior Court.

    Thanks

    James

    • Michael Bovee says:

      James – If Fulton Count Superior court has online access to their docket, you can check their site for recent filings, and get a gist for where things are at with the case. You can also stop in the court.

  105. I live in NJ and just saw all of this stuff. I currently have a loan out with Delbert Services and actually just made a payment of $700.00 trying to get this loan paid off. Can I do anything to get this and other recent payments that I made back? Any help is greatly appreciated.

  106. What are the laws about this kind of stuff in Louisiana. I had a loan with Western Sky / Cash Call then it got transferred to Delbert Services. The loan was for $2600. I have paid them $4500 and still owe over $3000. My interest rate is 135%. This is killing me to continue to pay them this outrageous amount.

  107. The AG in GA has filed a suit against Western Sky/Cash Call/Delbert but this was last year, In July. How long does it usually take for the courts to hear these cases?

  108. Is there a way to see if these companies are licensed in your state? I am in Texas and I have looked on the AG office website and the nmls licensing thing that I believe is on the OCCC in Texas website and cannot pull either of them. I believe from posts I have read on other sites that at one time Cash Call was licensed in Texas but for mortgages only. Does that give them the ability to do personal loans also? As I said now I cannot find anything about their licensing. Also, (and I may be mistaken) but from other posts on other sites any of these loans originated with Western Sky are illegal period. Is this true? Does anyone know?

  109. FYI :

    NY Regulators Cap Payday Lending Case
    by Darren Waggoner
    MAY 21, 2014 10:53am ET. Print Email Reprints Comment Twitter LinkedIn Facebook Google+ ..Related
    NY Regulators Cap Payday Lending Case
    Collection Execs Banned as Regulators Close Texas Operation
    Minnesota Senate Fails to Pass Payday Loan Reform.The case against a South Dakota-based payday lending operation that charged illegal interest on loans is wrapping up in New York state where residents can now start filing refund claims, according to New York Attorney General Eric Schneiderman’s office.

    More than $20 million could be distributed, depending on the number of consumers who make claims, and many borrowers will receive a refund of more than $1,000. The settlement included penalties totaling $1.5 million.

    All borrowers who received loans from Western Sky Financial LLC and CashCall Inc. or any party collecting on their behalf more than the proceeds of the loan plus the legal interest rate of 16% are eligible for a refund, according to the AG’s office.

    Western Sky agreed last year to stop funding loans amid rising legal battles with authorities in several states. It previously cited “unprecedented government interference” as the reason for laying off the majority of its employees in Timber Lake, S.D. and its decision to close its office in Eagle Butte, S.D.

    Last October, owner Martin A. Webb and Western Sky were among the defendants sued by Arkansas Attorney General Dustin McDaniel’s office for allegedly to offer illegal payday loans online while claiming to be affiliated with a Native American tribe to avoid legal action.

    Webb and his companies, including Western Sky, offered payday loans ranging from $300 to $2,525 to consumers across the U.S. and advertised on television and online, according to a Federal Trade Commission complaint. The defendants tried to garnish consumers’ wages without a court order and sought to manipulate the legal system by forcing borrowers to appear before the Cheyenne River Sioux Tribal Court in South Dakota, which did not have jurisdiction over their cases.

    “Debt collectors cannot garnish consumers’ wages without a court order, and they cannot sue consumers in a tribal court that doesn’t have jurisdiction over their cases,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “Regardless of tribal affiliation, debt collectors must comply with federal law.”

    Webb and Western Sky last month were ordered to pay $967,740 to the U.S. Treasury to settle FTC charges of using unfair and deceptive collection tactics.

    Schneiderman’s office sued Western Sky and its affiliates last summer, accusing them of charging interest rates to New Yorkers that were more than 10 times the higher than the state’s interest rate limit of 16%.

    “Thousands of New Yorkers who were the victims of exorbitant and illegal interest rates can receive meaningful relief through our settlement fund,” Schneiderman said in a release. “I encourage all those eligible to take full advantage of this program.”

    The New York AG’s office has been cracking down on payday lenders in the past year.
    .

    • That is great. Now if I could only get some info on Texas. I am thinking the whole entire loan thing is illegal since I cannot find any licensing on this. I am also worried because most of this stuff has dealt with their payday side of the lending not the installment loans. But if they aren’t licensed to lend then they aren’t licensed to lend.

  110. The first paragraph includes other related/non related headlines, when I copied this on to this page I didn’t intend to include that. This is great news for those of you affected in New York. I sure hope other states follow NY case and will go after Western Sky/ CashCall/ Delbert. I am a bit confused though. I am guessing this case only applies to “payday loans’, so did Western Sky also issue installment loans and I wonder if this lawsuit would apply to that type of loan as well?

  111. That was what I was wondering. And what is funny is the other day, I went to CashCalls website to get an email address and just for the heck of it started the online process for a loan and it said it couldn’t lend to me in Texas UNLESS I was a business. If I cannot find any licensing on them in Texas, how can they even do that? It all doesn’t make any sense. And I also emailed a question in earlier today and am waiting for an answer, but when they first started drafting me, the first draft was a paper draft to Delbert services, but then the next 3-4 were ach drafts from CashCall. Then they went back to Delbert. I did not think it was legal to have different companies drafting your account then switching back and forth. If they sold to Delbert (which we know they are one in the same) then it should stay with Delbert not randomly go back to CAsh Call drafting me. Anyone’s input would be great!!!!

  112. I don’t think it’s legal for these two companies going back and forth drafting from your account. I wrote to Cash Call to stop the ACH drafting but I did not trust them so I just closed my account with Chase. I did the same thing with the Cash Call website, they are not licensed in Indiana unless I was a business. My loan is an installment loan I took out from Western Sky, who immediately sold it to CashCall. I’m sure my loan is now in the hands of Delbert, however I have not had to deal with them yet.

    • Kelly, I have done the same thing. I opened a new one, closed the old and have sent cease and desist letters to both CashCall and Delbert telling them that I would only deal with Western Sky right now. It’s funny because the email that I specifically addressed to Cash Call got an RE: response from a rep from Delbert. And I specifically asked them, why they are responding to an email that was sent to CashCall and not them. But they will not answer. They have twice sent an email that states that I need to call them and they will explain it too me. I consider it all to be deceptive. And the cashcall I sent it too is in California and the license on file in Texas for Delbert says they are in Neveda. So are they blately lying to people? I know they are all one in the same…but the more bologni I can catch them feeding me, the better a paper trail I will have.

  113. Can someone tell me how do I go about getting them removed from my credit report?

    • I too had a loan (actually two, i obtain another after paying off the first). I then learned just after paying the principal that Western Sky was providing loans without being licensed in my state. Delbert took over, I stopped paying, sent them a cease and desist and started filing complaints against them with my AG and the CFPB. They dinged my credit. I wrote to the credit agency, initially they did nothing, then I filed a complaint against the credit reporting agency with the CFPB, detailing the situation and restating that the CFPB has filed suit against this same company for the same reasons that I am filing my complaint. A week or so ago, I received a response from the CFPB advising that the reporting agency has agreed to remove that information from my credit report. I then received an email from the reporting agency advising that they were removing the information from my report. The information has since been removed. I have not received any more collection efforts from Delbert. But I would like the excess interest I paid to be returned. However I am satisfied to be left alone.

      • Do you mind sharing what you wrote to CFPB regarding credit reporting agency. I would like to write them as well. Thank you.

        • Would you please share what you sent to the CFPB to get this loan removed from your credit report? Delbert now has my loan listed as a Charge off. I have filed complaints with CFPB as well as the State of NJ AG and have not gotten any satisfaction. Would love to just get this off of my report ! I took out 5K paid back 7787.00 they got their principal back and then some !
          Also does anyone have any updates on NJ? I can’t find a thing !

  114. Double D says:

    Does anyone have any updates on where the state of New Jersey stands with WS/CC/Delbert?
    I have filed noticed with NJ AG office and CFPB but have not seen or heard of any updates ! Any updates would be greatly appreciated !!

    • New jersey has been another state added to cfpb lawsuit go to states added to the original complaint.

    • i live in new jersey, payday loans are illegal stat.Ann. tit.1 ussury cap at 30%. N.J STAT.Ann 2c;21-19 a c
      bottom line payday loans are PROHIBITED!
      go to bank dept file a complain!
      SO GO ONLINE COPY THE LAWS WRITE A LETTER TO THE CREDIT BUREAU THAT IN NEW JERSEY LOAN OF THIS TYPE ARE ILEGAL, SO THERE WAS NEVER A LEGAL CONTRACT! send copys of everything to credit bureau they will remove it!
      note in new york every one is getting back all moneys paid to the cashcall. delbert service, western sky
      send copys of every thing to the state and federal consumer dept

  115. Jessica says:

    I took out a loan with Western Sky and have been paying on it for over a year. Are they licensed in the state of Texas? They also told me I have 2 different interest rates and I won’t ever be able to pay this off. The 10 day pay off is way more than what I actually borrowed. I feel as though I am being swindled. Any advice would be greatly appreciated!

  116. I also took out a loan with Western Sky which was immediately sold to Cash Call then to Delbert. After researching I find this website and followed the advice given. I sent a cease and desist letter and revokation authorized debit from my account. I filed a complaint with CFPB in January which Delbert responded and offered to reduce my interest rate to 20%. Delbert listed a number for me to contact in which no one ever answered or responded. I began getting settlement offer with various interest rates or lump sum payments. I ignored each one. My concern is that even though Western Sky and Cash Call are not licensed in the state of Idaho, Delbert Services is. Delbert has reported negatively on my credit for that three months and I am concerned that they are going to try and sue me. I have paid over $1600.00 above what I actually borrowed and the balance is still over double what was borrowed, in fact the balance keeps going up. Why aren’t all states included in the law suit? I don’t know what to do. I have posted on here previously and have had no response, is it because I live in a state that is not included in the suit? I am just looking for some advice on what to do. Please please help me. I am just looking for some advice. Thank you in advance for your time.

    • Michael Bovee says:

      TLM – There is not much solid to offer you. You may want to consult with an attorney in Idaho with a practice focus in consumer law. This may help you get a lay of the land regarding debt collection and credit reporting, but also ask about any irregularities with how the loan was made, and promptly passed on to other entities, etc.

      Here is an experienced consumer debt attorney in Idaho:
      Ryan Ballard, Esq.
      Ballard Law, PLLC
      237 North 2nd East, Suite 102
      Rexburg, ID 83440
      Phone: 208-359-5532

    • Delbert is also legal in my state, buy my AG office said that the original loan with Western Sky (which they immediately passed to Cash Call) was not legal in this state, and Cash Call’s license was suspended so they passed to Delbert, and that they have never had one of the cases from Western Sky go to court. I had copies of all the correspondence between Western Sky and Cash Call, and proof of how the loan was transferred quickly because of legal issues, and I have paid them back the principle plus a good amount more. The AG office said to stop paying Delbert so I did. They do ding your credit, but my credit was not great or I never would have borrowed from them to start with. I would make sure you pay the principle back. I keep getting offers from Delbert but I never respond. I filed a complaint with the Fed consumer group and indicated that I consider the loan paid in full. I sent a cease and desist and closed my bank account as well.

    • Linda T says:

      TLM ,

      At this point, I would quit making payments to them. Even though they “sold” the note to Delbert Services, I have been told that both Western Sky and CashCall were not legally licensed to be operating in many States at the time of these loans. What I found to be truly funny and may work in my advantage for my case is that when I did my loan last year in July, Delbert Services started taking out payments before the loan was even “sold” to them. I had the first payment drafted from Delbert Services, then the next 3 payments were drafted by CashCall and then it went back to Delbert Services. That is completely illegal. It’s either one or the other. They cannot switch back and forth. Definitely talk to this lawyer and go from there. I wish you luck

  117. Michael Bovee says:
  118. Linda T says:

    This message is for Michael Bovee and hopefully I will get a response as I have not gotten one. And I know this may sound like a dumb question, but:

    Is there a difference between a company that is specifically registered in a state to be a “collection agency” as opposed to being a company that buys loans (that are not past due or behind) ie. a mortgage company that buys mortgages from another bank (assignments)?

    Thanks!!!!

    • Michael Bovee says:

      Each individual state would likely be the resource to pose your question to. There are some states where there is a difference in requirements, bonding, etc.

  119. Mr Bovee is there anyway i can email you directly without posting on this forum at this time?

    • Michael Bovee says:

      Sure, just use the email address you get these comment notices from. That comes directly to me.

      • Cindy B says:

        Michael can you tell me if Delbert Services is legal in Minnesota?

        • Michael Bovee says:

          Debt collectors are required to be licensed and bonded in Minnesota, I do not know if Delbert Services is.

          A better resource for answering your question is the Attorney Generals office in Minnesota.

  120. Linda T says:

    Dear Mr. Bovee…thanks for your quick response for my last question. Also, any input would be greatly appreciated on the item below in regards to them from you or anyone.

    To everyone, I live in Texas and yesterday requested a copy of the communication showing where Western Sky sold my installment loan to Delbert Services because I don’t ever remember receiving anything from them and I have all of my initial communication from them. Well, I received an email back from them this morning and included was a copy of the supposed “notice of transfer and sale”. As I got to reading it, it sounded weird.

    1. the “notice of transfer and sale” was dated June 4, 2014 and specifically states that effective THAT DATE, my loan was being sold from Western Sky to WS Funding LLC and that Delbert Services would be handling the payments for it starting with the first payment in AUGUST 1, 2013.

    2. how can a company essentially “backdate” a notice of transfer/sale which (according to them) is effective June 4, 2014 but in the body of the sale state that the payments would be taken out by delbert which is a servicer for WS Funding in 2013? If they didn’t even sell it until today, how could they legally know who will doing the payments for WS Funding.

    3. The other issue is that the first payment back in August of 2013 WAS done by Delbert Services, but then the next 3-4 payments were done by CashCall and then it went back to Delbert Services. Seems to me that could possibly be illegal. I didn’t think you could sell the loan to another company and they start payments and then you come back in and start taking the payments and back and forth between the 2 companies.

    Now we all know they are playing games, but I would love everyone’s input on this.

    • Michael Bovee says:

      For my part, I would suggest getting the opinion and advice of a consumer law attorney in Texas, and preferably one with trial experience with debt defenses. I know of one in Austin. You anywhere near there?

    • If westernsky/cashcall/delbert services is reporting negativly on your credit report,I would dispute it i just did this today and they removed cashcall and delbert services from my report.Although they didn’t say it i think they are altra aware of whats going on with these entities.I have tried to remove things in the past and it was like pulling teeth with no avail!But this time was different they removed them immediately with no hassle in my case!

      • Hi Rocco,

        Did they remove them entirely? Also what steps did you take to dispute the accounts? I would love to remove all info from them on my report!!!!

        • It appears that one credit reporting agency has deleted them on my credit report however iam waiting to see if it pops up on the other 2 credit reporting agency if it does i will asked to have that removed also!I took a 7 day trial with one of them and it immediatly gave me there credit report i then called them and ddisputed it told them there are numerous states suing them including mine and the Cfpb is also suing them.The person on the phone said she would place me on hold for little while to do some research and a coupole of minutes later she said that they deleted the entries and sent me a conformation email with my corrected credit report!

          • So iam guessing with which the ease that they deleted it of my record that they are aware of the states actions and the government actions that are happening.Like i said i have disputed other this on my credit report to no avail getting something removed from your credit report is almost impossible!

            • Double D says:

              Needs some insight here ..Michael can you advise ?
              I got a 50% of princiale email from Delbert yesterday � One lump sum of $2533.07 due and payable on or before June 30, 2014. This is a 50% reduction of the outstanding principal balance.
              How ironic..the loan was for 5000.00 and I paid back 8780.00 before ceasing payments! I went on to my credit report today, and Delbert has listed 5066 as a CHARGE OFF !!! Now what do I do?? I am in the state of New Jersey..how do I get this removed from my credit report and if the did a charge off in May, why still contacting me for a payment !!! UGGGG why !!! come on NJ get on the ball with these predictors !!!
              any advise would be appreciated ..is it time to contact a lawyer ??
              thx

  121. No unfortunately I am not. At one time about a month ago I had found a link to a law firm who was trying to get a class action suit against them but now I cannot find it. I am in the Lubbock Area

    • linda t says:

      thought all might like to read this

      Please feel free to comment or give insight. Thanks Mike

      Federal Govt. Sues Western Sky, Butch Webb & CashCall -Cheyenne River Sioux Tribe’s Sovereign Status as a Shield

      By Payday Loan Industry | Jul 16, 2013

      By Jer Ayles-Ayler at Trihouse. A portion of the class action lawsuit filed: (Link to entire filing available below):

      Plaintiff Sonja Curtis is a resident of Texas and applied for a loan from Western Sky in that state. Ms. Curtis borrowed $5,000 from Western Sky on August 8, 2011. The loan
      carried an APR of 116.73 % and a fee of $75.00. Finance charges on the loan are $36,172.61 for a total payment of$41,172.61 on a $5,000 loan. She has paid approximately $5,737.34 in interest and $4.12 in principal to Defendants to date.

      Plaintiff Chad Martin Heldt is a resident of Minnesota and applied for a loan from Western Sky in that state. Mr. Heldt borrowed $9,925 from Western Sky on April 24, 2013. The loan carried an APR of 89.68 % and a fee of $75.00. Finance charges on the loan are $52,676.49 for a total payment of $62,601.49 on a $9,925 loan. He has paid approximately $891.82 in interest and principal to Defendants to date.

      Plaintiff Christi W. Jones (nee Trusevich) is a resident of Texas and applied for a loan from WesternSky in that state. Ms. Jones borrowed $2,525 from Western Sky on July 19, 2011. The loan carried an APR of 139.13 % and a fee of $75.00. Finance charges on the loan are $11,441.37 for a total payment of $13,966.37 on a $2,525 loan. She has paid approximately $3,635.07 in interest and $45.20 in principal to Defendants to date.

      Plaintiff Cheryl Annette Martin is a resident of Virginia and applied for a loan from Western Sky in that state. Ms. Martin borrowed $1,500 from Western Sky on December 30, 2011. The fee on the loan was $500, and so Ms. Martin received $1,000. The loan carried an APR of233.91 %. Finance charges on the loan are $3,768.98 for a total payment of $4,768.98 on a $1,000 loan. She has paid approximately $1,616.47 in interest and $179.53 in principal to Defendants to date.

      Defendant Payday Financial, LLC (“Payday Financial”) does business as Lakota Cash and Big Sky Cash. It is a limited liability company chartered under the law of the state of South Dakota as an ordinary business entity. Its principal place of business is 612 E Street, Timber Lake, South Dakota. Upon information and belief, Payday Financial caused the State of South Dakota to charter defendant Western Sky Financial and has served as the managing member of the entity. Payday Financial advertises and offers its loans to Minnesota, Texas, Virginia and other consumers through Internet web sites including http://www.lakotacash.com. Payday Financial transacts business in South Dakota, Minnesota, Texas, and all other states in which it offers consumer loan products. The Lakota Cash website describes the company as follows:

      http://www.lakotacash.com (accessed June 12, 2013). The typical visitor to the website is an African American female between the ages of 18 and 34, with children, and income of less than $50,000 per year, and no college education. See https:llwww.quantcast.comllakotacash.com (accessed June 24, 2013). On February 9, 2011, Defendant Webb filed a Statement of Dissociation stating that Defendant PayDay Financial, LLC is dissociated from Defendant Western Sky Financial, LLC.

      Defendant Western Sky Financial, LLC, is a South Dakota limited liability company with its principal place of business at 612 E Street, Timber Lake, South Dakota Western Sky advertises and offers loans to consumers by television advertisement and through a website accessible at http://www.westernsky.com.

      Defendant Martin A. “Butch” Webb resides in South Dakota. Webb is the owner and president of Payday Financial and the owner of Western Sky. He is the registered agent of Payday Financial, Great Sky, Western Sky, Red Stone, Management Systems, 24-7 Cash, Red River, and High Country. Webb is the organizer, managing member, and registered agent of Financial Solutions.

      Defendant CashCall is a California corporation with principal place of business at 1600 S. Douglass Road, Anaheim, California. CashCall is engaged in the business of making or arranging high-interest loans to consumers over the Internet and then servicing the loans it made or arranged. On information and belief, CashCall has arranged with the Lending Defendants (or entities affiliated with them) to process the loans from their inception or otherwise purchase loans made by the Lending Defendants shortly after they are made, or to receive the loans for collection or servicing. Upon information and belief, CashCall is aware of the terms of the loan agreements, including its exculpatory clause, and approved of those terms.

      Defendant CashCall owns or operates the web servers used by the Lending Defendants to market and form the loan agreements. Upon information and belief, CashCall operates and/or funds WS Funding, which is the entity that provides the money the Lending Defendants use to fund consumer loans.

      The relationship between the Lending Defendants and defendant CashCall IS close. All three entities host their public websites on TW Telecom servers based in Corona, California. Both websites became active on the TW Telecom servers within one day of each other. The servers run the same operating system and web serving software.

      The websites cross-market each other. The site located at http://www.westernsky.com (which is owned by defendant Payday Financial, Inc.) includes keywords “Gary Coleman cash call” and “Gary Coleman cash loans”-referring to a 2007 ad-campaign run by defendant Cash Call that featured actor Gary Coleman.

      The Lending Defendants use a website application co-developed by defendant CashCall and Cogility Software to manage the loan process. Upon information and belief, the CashCall system used by the Lending Defendants is comprehensive and includes: underwriting and decision-making, employment verification process, management of incoming voided checks and pay stub faxes through a fax queue, digital certificate generation, document creation, web­ based tools for loan agents and administrator[s], access to loan account information, security services, e-mail generation, loan servicing, and phone system configuration and interface requirements.

      None of the Defendants is owned, operated, or chartered by the Tribe.

      FACTUAL BASIS

      The Lending Defendants offer high interest rate unsecured consumer loans of $300 to $10,000 through Internet websites, including to individuals throughout Minnesota,
      Texas, and Virginia. The APR on the loans range from approximately 89.68 % to 342.86 %. The Lending Defendants have offered such loans since at least mid-2007. Upon information and belief, Defendant CashCall has entered into agreements with the Lending Defendants to collect debts and service the loans made by the Lending Defendants.

      Consumers who require a payday loan from Defendants visit one of several websites run by the Lending Defendants. Consumers apply for a loan through an online form or by calling a toll-free telephone number.

      Defendants quickly provide money to the consumer. Shortly thereafter the Lending Defendants transfer the loan note to Defendant CashCall. In essence, the Lending
      Defendants act as a broker of Cash Call loans under the guise ofan American Indian Internet loan company.

      If a consumer does not pay back a loan on time, Defendants attempt to collect the debt. Among other things, Defendants make negative reports to credit bureaus, call consumers multiple times per day, contact consumers’ employers, and engage in other aggressive-and often intimidating-tactics.

      All Defendants knew or should have known that the loans they made to Plaintiffs and the class contained interest rates that are unenforceable because they violate Minnesota, Texas, and Virginia usury statutes.

      Defendants inform consumers-including Plaintiffs and members of the class-­that the Indian Commerce Clause of the United States Constitution bars application of their
      states’ laws. But the Indian Commerce Clause provides no such immunity-it narrowly grants the United States Congress the authority to “regulate Commerce … with the Indian tribes.” U.S. Const. Art.! § 8. It does not state, as Defendants would have consumers believe, that American Indians are free to violate state laws without repercussion.

      Notably, the Lending Defendants refuse to offer loans to members of the Tribe or to residents of South Dakota where the tribe is located.

      All consumers must sign a loan agreement form to indicate they accept the terms ofthe loan. There is a reasonable question of whether a consumer sees the entire term of the loan or arbitration clause before they accept the loan.

      The loan agreement includes, among other things, the following statements:
      This Loan Contract is subject solely to the exclusive laws and jurisdiction of the Cheyenne River Sioux Tribe, Cheyenne River Indian Reservation. By executing this Loan Agreement, you, the borrower, hereby acknowledge and consent to be bound to the terms of this Loan Agreement, consent to the sole subject matter and personal jurisdiction of the Cheyenne River Sioux Tribal Court, and that no other state or federal law or regulation shall apply to this Loan Agreement, its enforcement or its
      interpretation.

      Governing Law. This Agreement is governed by the Indian Commerce Clause of the Constitution of the United States of America and the laws of the Cheyenne River Sioux Tribe. We do not have a presence in South Dakota or any other states of the United States. Neither this Agreement nor Lender is subject to the laws of any state of the United States of America.

      The loan agreement takes a “belt and suspenders” approach to depriving consumers of their state law rights. The agreement also contains an arbitration provision that requires, among other things:
      “Arbitration shall be conducted in the Cheyenne River Sioux Tribal Nation by a panel of three Tribal Elders and shall be conducted in accordance with the Cheyenne River Sioux Tribal Nation’s consumer rules and the terms of this Agreement.”

      The document continues:
      “THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING THE INDIAN COMMERCE CLAUSE OF THE CONSITITUTION OF THE UNITED
      STATES OF AMERICA, AND SHALL BE GOVERNED BY THE LAW OF THE CHEYENNE RIVER SIOUX TRIBE.”

      Further, “The arbitrator will apply the laws of the Cheyenne River Sioux Tribal Nation and the terms of this Agreement.”

      Contrary to the representations of the Lending Defendants in the loan agreement, there is no such thing as arbitration in the Cheyenne River Sioux judicial system. Further, “Cheyenne River Sioux Tribal Nation’s consumer rules” do not exist. In response to a request for information regarding the Tribe’s arbitration procedure, a Tribal MediatorlMagistrate stated, “the Cheyenne River Sioux Tribe, the governing authority does not authorize Arbitration as defined by the American Arbitration Association (AAA) here on the Cheyenne River Sioux Reservation located in Eagle Butte, SD 57625.” (Exhibit A.)

      The “belt and suspender approach” of placing exclusive jurisdiction of disputes with the Cheyenne River Sioux Tribe, but at the same time, requiring arbitration pursuant to
      nonexistent arbitration rules, creates a conflict within the loan agreement. This dispute cannot simultaneously be subject to the jurisdiction of the Cheyenne River Sioux Tribe judicial system and a panel of non-judicial arbitrators who are chosen solely by the Defendants and who are members of the Tribe. This violates the Federal Arbitration Act. (Exhibit 8.)

      Brought to you by Payday Loan Industry and Payday Loan University

      Link to the actual filing: http://turtletalk.files.wordpress.com/2013/07/heldt-complaint.pdf

      Read more: http://paydayloanindustryblog.com/federal-govt-sues-western-sky-butch-webb-cashcall-cheyenne-river-sioux-tribes-sovereign-status-as-a-shield/#ixzz33hCvx5dT

      • FTC Puts Texas-based Operation Permanently Out of the Debt Collection Business After It Allegedly Used Deception, Insults, and False Threats against Consumers
        Operation also Charged Unauthorized Fees; Owner Will Surrender His Assets
        FOR RELEASE
        May 19, 2014
        TAGS: deceptive/misleading conduct Finance Bureau of Consumer Protection Southwest Region Consumer Protection Credit and Finance Debt Collection
        The owner of a Houston-based debt collection operation that the FTC charged used insults, lies, and false threats of imprisonment to collect on payday loans will surrender his assets, estimated to be worth $550,000, to pay restitution to consumers who were charged unauthorized fees. All the defendants will be permanently banned from debt collection under a settlement with the Federal Trade Commission.

        In 2013, at the request of the FTC, a U.S. district court shut down Goldman Schwartz, Inc., froze its assets, and appointed a receiver to take control of the business while the case was in litigation. The debt collection operation did business nationwide, collecting primarily on payday loans. In some cases it owned the debt, and in others, it acted as a third-party collector. The operation was charged with multiple violations of both the FTC Act and the Fair Debt Collection Practices Act.

        “Debt collectors who harass consumers, make false threats, and charge bogus fees are violating federal law and will be held accountable,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection.

        The defendants were charged with making false threats that consumers would be arrested and jailed, and that their children would be taken into custody; falsely claiming to be attorneys or to work hand-in-hand with local sheriff’s offices; disclosing debts to consumers’ employers and military superiors; and collecting bogus late fees and attorneys’ fees, according to the complaint.

        The defendants also harassed and abused consumers by using obscene language and by calling repeatedly and at odd hours early in the morning or late at night, and failed to inform consumers of their rights to dispute the debts, have the debts verified, and obtain the names of the original creditors, the complaint alleged.

        The settlement resolves FTC allegations against company owner Gerald Wright, company managers Starlette Foster and Jennifer Zamora, and several corporate defendants. The settlement requires Wright to surrender his assets, estimated at $550,000, which include funds from personal and business accounts and proceeds from the sale of realty. The remainder of a $1.4 million judgment against Wright is suspended based on inability to pay. The judgment against Foster and Zamora also is suspended due to their inability to pay. If it is later determined that the financial information the defendants provided the FTC was false, the full amount of the judgment will become due.

        The monetary judgment will be used to pay restitution to consumers who were charged unauthorized late fees and attorneys’ fees, often in the hundreds of dollars. The defendants privately referred to these bogus fees as “Juice,” and used them to inflate the cost to consumers who wished to settle their debts, the complaint alleged.

        Also under the order, the defendants are prohibited from misrepresenting the characteristics of any financial product or service.

        As part of its continuing crackdown on scams that target consumers in financial distress, the complaint named as defendants Goldman, Schwartz Inc, doing business as Goldman, Schwartz, Lieberman & Stein; Debtcom, Inc., doing business as Cole, Tanner, & Wright; Harris County Check Recovery Inc.; and The G. Wright Group Inc., doing business as The Wright Group. Under the terms of the order, these companies will be dissolved.

        For consumer information about dealing with debt collectors, see Debt Collection.

        The Commission vote approving the proposed consent decree was 5-0. It is subject to court approval. The FTC filed the proposed consent decree in the U.S. District Court for the Southern District of Texas, Houston Division on May 19, 2014.

        NOTE: Consent decrees have the force of law when approved and signed by the District Court judge.

        The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

        PRESS RELEASE REFERENCE:
        FTC Action Leads to Shutdown of Texas-based Debt Collector that Allegedly Used Deception, Insults, and False Threats Against Consumers
        CONTACT INFORMATION
        MEDIA CONTACT:
        Betsy Lordan
        Office of Public Affairs
        202-326-3707

        STAFF CONTACT:
        Tom Carter
        FTC Southwest Region

  122. So i check the better business bureau pretty much on a regular basis!I have sent an email to the head quarters complaining about these three entities westernsky,cashcall, delbert services.They have put government warnings an state actions,and even revoked delbert servies rating!But yet they still keep cashcall’s review updating nowthis has been going on for awhile and now they have settled with Conn and New York.Which included fines refund of monies over charged and removal of adverse affects on credit reporting agencies but yet the bbb has still not updated on this company it just shows they are protecting cashcall!!!!!

  123. I live in the state of Pa and was wondering if you have any information on this Internet payday people? I took a loan out 7/2013 for 1,000.00 and as of march 2014 paid 114.67 every two weeks so I have paid well over the amount back the problem is I defaulted and now they charged off and sold it to national credit adjusters which are saying I owe 1,300.00. What should I do?

    • I would suggest contacting the pa dept of banking to file a complaint.They are the agency that is handling stuff like this!

  124. Kelly B says:

    Release Date: June 6, 2014
    West Virginia Supreme Court of Appeals Affirms $14 Million Judgment Against CashCall Inc.

    CHARLESTON — Attorney General Patrick Morrisey today announced that the West Virginia Supreme Court of Appeals recently affirmed a $13.8 million judgment against California-based lender CashCall Inc. and upheld the awarding of more than $440,000 in attorneys’ fees and costs to the Attorney General’s Office.

    The ruling by the Supreme Court came more than a year after CashCall and its President/CEO J. Paul Reddam appealed three orders entered by the Kanawha County Circuit Court that found the company engaged in abusive debt collection, violated state lending laws and had to reimburse the state for attorneys’ fees. The May 30 memorandum opinion by the Court said CashCall violated debt collection laws in the state, that it was a true lender in a “rent-a-bank” scheme and that the civil penalties levied upon the company were appropriate.

    “This case has been very important to hundreds of West Virginia consumers who patiently waited for it to work through the appellate process,” Attorney General Morrisey said. “This ruling by the Supreme Court confirms that the debt collection activity was unlawful, the loans were unlawful, and the Circuit Court appropriately canceled the loans and imposed stiff civil penalties for CashCall’s conduct.”

    According to court documents, CashCall sold predatory loans in West Virginia with interest rates of up to 99 percent APR, which is a violation of the state’s usury laws. When consumers defaulted, CashCall used abusive and harassing collection techniques.

    “CashCall used the ‘rent-a-bank’ model to attempt to skirt West Virginia’s consumer protection laws,” Morrisey said. “The trial court found, and the Supreme Court affirmed, that usurious interest rates will not be tolerated in West Virginia, regardless of how cleverly the lenders arrange their business to make it look legitimate.”

    The Office of Attorney General alleged that CashCall partnered with a bank to make it appear as though the bank was the lender, when, in fact, CashCall marketed and sold loans, as well as provided funding and collected on those loans. The Office alleged CashCall “rented” the bank’s name and charter to avoid certain state regulations.

    In the original complaint, CashCall was accused of soliciting consumers to take out high interest loans from a state-chartered bank in South Dakota. When consumers could not repay the loans, CashCall engaged in various unlawful debt collection activities, including placing numerous calls to consumers, employers, and other third parties.

    Any persons wishing to file a complaint about a consumer matter or to alert the Attorney General about unfair or deceptive practices may do so by calling the Consumer Protection Hot Line, 1-800-368-8808, or by obtaining a complaint form from the consumer web page at http://www.wvago.gov.

    The decision can be found on the West Virginia Supreme Court of Appeals website, http://www.courtswv.gov/supreme-court/opinions.html. It is case number 12-1274.

  125. For Georgia residents, I received this reply from the AG office on the status of the lawsuit:

    The Attorney General’s lawsuit against Western Sky, CashCall, and Delbert Services is still pending. The Defendants filed several motions to dismiss, which the court has not yet ruled on. The court appointed a Special Master to review the legal issues, and his recommendation to the court is expected sometime this month. After that, the court will rule on the motions. If the court denies the motions to dismiss, the case will move forward.

    Sincerely,

    Charlene R. Swartz
    Assistant Attorney General
    Department of Law
    State of Georgia
    40 Capitol Square, SW
    Atlanta, Georgia 30334-1300
    (404) 656-4103

    Crossing fingers and toes this case moves forward.

  126. I took out a $5000 loan from Cash Call (now Delbert) in 2012. I have made all the payments to date and have now started to read about Delbert
    I have paid close to $10,000 and feel like I have fulfilled my loan
    I would like to understand how to go about stopping the payments
    I currently live in NJ

    • In New Jersey payday loans are ileagal
      If they have putit on your credit report you need to write the credit bureau that list give them a letter stating that the state laws in New Jersey also make a complian with the state banking dept sent the credit bureau a copy of that too
      They can’t sue you because the loan was illegal in the first place !

  127. Complainant finds that, by reason of the foregoing, Respondent CashCall, Inc. (i) has
    violated Financial Code sections 22108, 22159(b), 22161(a) and (b), 22170(a) and (b), and 22701
    and California Code of Regulations, title 10, section 1409.1, (ii) has failed to comply with a demand
    of the Commissioner, and (iii) has been disciplined by other states, and based thereon, grounds exist
    to suspend the finance lenders licenses of CashCall, Inc.
    WHEREFORE, IT IS PRAYED that the finance lenders licenses of CashCall be suspended
    for a period of up to 12 months;
    Dated: June 4, 2014 JAN LYNN OWEN
    Los Angeles, CA Commissioner of Business Oversight
    By_____________________________
    Judy L. Hartley
    Senior Corporations Counsel——————————————-California has taken action against cashcall this is just the bottom half of order.If you want to see the order go to california dept of banking and oversight enforcment actions

  128. Is anyone here willing to put on here a copy of the letter they sent to cash call or Delbert etc. telling them why they are no longer paying on their loan? I am getting ready to send them a letter and would like some ideas as to how to through it all together. I am in the process of filing my complaints with the FTC and Cfpb. Not sure if I will waste my time with the attorney general in Texas because I have heard that they are rather reluctent to deal with the issue. I appreciate any help!!!

  129. FYI:

    Jun 13, 2014, 2:37pm PDT Updated: Jun 13, 2014, 2:44pm PDT

    State moves to suspend license of consumer lender CashCall
    Enlarge PhotoMichael G Smith | iStock
    California Department of Business Oversight said Friday it is seeking to suspend the license of CashCall Inc. for violating the state’s lending laws.

    Mark Anderson
    Staff Writer-
    Sacramento Business Journal
    Email | Twitter | LinkedIn | Google+ California Department of Business Oversight said Friday it is seeking to suspend the license of CashCall Inc. for violating the state’s lending laws.

    The department served the company an accusation last week. The company has the right to request a hearing on the matter, said Mark Leyes, director of communications with the Department of Business Oversight.

    The lender is based in Orange, in Southern California. Founded in 2003, the company advertises heavily on television.

    The state alleges that the company violates California Finance Lenders Law in making personal loans and servicing them. CashCall also is accused of making misleading representations and omitting materials. It also is accused of pitching customers to take out larger loans than they want or need.

    The California Finance Lenders Law does not limit interest rates on loans of more than $2,500, and CashCall made loans over that amount with annual interest rates of 135 percent or more.

    “The department upholds the state’s financial laws to protect consumers from unfair and deceptive lending tactics,” Commissioner of Business Oversight Jan Lynn Owen said in a news release. “CashCall’s predatory marketing and personal lending practices will not be tolerated in California.”

    Read a PDF of the state’s formal accusation.

    The accusation came as a result of regular regulatory examinations of the company, which is licensed by the department, Leyes said. The department also has gotten consumer complaints.

  130. My husband took out a loan over 2 years ago. It was worth $2600. However they kept approximately $500 of it for their own fees. We were in a bind so we didn’t know any better and needed the money. IN the meantime, we have been paying $294. 98 since July 2012. If you add this up that is $6784.54. Technically according to Delbert who took over we still have over a year left to pay. I think this is ridiculous. I have read the threads above and wanted to know what your advice is on what to do. Do we stop payments as some of your suggest? Do we call the attorney general? I feel we are being robbed. The man my husband first set this loan up with stated it wouldn’t be high interest. Well obviously he lied. Anyone have any idea of what we can do? Is there a way to get a portion of this back? I live in the state of Ohio

  131. oh and we live in the state of ohio

  132. Michelle says:

    I am in over my head with online payday loans. I live in Louisiana. I initally took out the loans to help financially and began paying them back timely. Crisis hit and I was not able to pay them back in the amounts requested. I contacted the companies and they gave me terms that I could not afford and the funds are not available. The companies still ran the amounts on my bank account thus creating more debt for me since the funds were not available. I have tried to contact the companies to offer payments that are affordable and on a different bank account. Although they stated they cant refuse a payment, what im offering is not good enough and my account will eventually be sent to collections. I dont know how to resolve this issue. I dont want to run from my responsibilities and pay my deby but I need them to work with me. HELP! .  I have 5 payday loans.  I owe check into cash $355.27, advance America $270.10, moneykey $385.00, cash net $210.00 and ace $300.00. I also have one personal loan that I’ve fallen behind on. That balance is $2300.00

    • Hi Michelle, I was way over my head in payday loans, I enrolled in CCC – Credit Counselors Corporation. They took out $267 every two weeks, they contact the creditors to set up payments plans. It helped me a ton. Once they are paid off try your damnest not to take out loans again. As we both know, they do nothing but get us in more trouble and it’s a hole that is so hard tdig out from. try Consumer Credit counseling services 800-850-2227. The link below is the yellow pages, start with one and they can help you or direct you to a location close to you.

      yellowpages.com/metairie-la/consumer-credit-counseling-services

      • HI Kelly,
        Have you heard anything from, the IN AG office yet? I have contacted them but have not received any responses.

        • Good mornng Nikki, I have not heard anything , I don’t think this a priority to them. I am still waiting to see what’s going on with the CFPB case, last I read they wanted the to case to be moved to California. I sure hope there will be positive outcomes for all of us involved.

  133. Double D says:

    Michael
    Hopeing you can get me some advise ! I see on my credit report a Charge off from Delbert ! This was posted in May !! I just now got another email and now it states my creditor as Consumer Loan Trust ! And the balance just keeps going up ! Paid these predators 7,886.00 on a 5000.00 loan ! If it is a charge off, why are they still contacting me ?? Who in the world is this !!! HELP ! Still waiting on NJ to Do something !!!

    Current Creditor: Consumer Loan Trust
    DSC Account #: 10866586
    Current Balance: $9333.82

    This is your opportunity to save hundreds and even thousands of dollars on your WesternSky Financial account, account number 10866586.

    We want to resolve this matter as quickly as possible and avoid further action, so we are proposing the following settlement offer:

    � One lump sum of $2533.07 due and payable on or before July 31, 2014. This is a 50% reduction of the outstanding principal balance.

    Or:

    � 9 payments of $337.74, beginning (no later than) July 31, 2014. This is a 40% reduction of the outstanding principal balance.

    Upon receipt and clearance of your payments as agreed, we will notify our client to update its records accordingly regarding this settlement.

    • Michael Bovee says:

      Charge off is an accounting term that lenders follow, that also permeates credit reporting when accounts go unpaid. When accounts charge off, they do not go away, and the debts are still collectable. The trend with banks and other lenders is to refer to outside collections after they charge off an account. That could be what has happened here with Delbert Services. Another bank and creditor trend is to sell their non performing accounts, or charged off debts, to investors at a steep discount. I can also read your comment as Consumer Loan Trust having acquired some Delbert debts.

      Would you mind forwarding the email you got to me?
      Does Consumer Loan Trust appear anywhere on your credit reports?

      • Double D says:

        Michael thanks for the prompt reply !! No my credit report stated Delbert Services. I did copy the email in my post, however I am happy to forward the email to you. At what address ? Also any updates on where the great state of NJ stands with WS ? haven’t heard any updates from AG office or the CFPB.
        Thanks !!

        • Hi Double D,

          I recieved the same via mail from Delbert services but it states Consumer Loan Trust in the body of the letter. Also I researched their name and i could not find anything about them. My letter list Delbert services and their address and website so im assuming they are one in the same and trying to get you to pay it anyway.

          • Michael Bovee says:

            This is what I intend to do with your email Double… research to make a connection with whatever information I can pull from what you received.

        • Michael Bovee says:

          My email address is the same one you get site comment notification emails from.

          I do not have any updates to provide with regards to New Jersey, but there were announcements out today from Pennsylvania. I will post more about that tomorrow.

        • Michael Bovee says:

          Thanks for sending the email to me Double. Based on what I have reviewed, Consumer Loan Trust owns the account, and Delbert Services services/collects.

          • Nikki K says:

            Hi Michael, do we need to respond to the notices from Consumer loan Trust. I did not receive an offer letter just a letter requesting verification that the debt is valid. I was going to either ignore because of our state laws or go ahead and send a reply explaining the loan is considered illegal in indiana. any suggestions would be great.

      • I have been dealing with the whole Western Sky/Cash Call/Delbert Services for the last six months as well. I paid back the principle plus $500 when I found out about the lawsuit. Western Sky/Cash Call are illegal in my state (there is an interest and fee cap). I stopped payments, sent a cease and desist. I receive a letter yesterday from the Consumer Loan Trust (which also has Delbert Services on the letterhead and footer) saying I have 30 days to dispute the loan and further action might be taken etc. Anyone else get this? What should I do. I filed a complaint with the National and State Consumer Loan/Protection already and Delbert wrote back the standard “why this loan is valid”. My state has not issued a lawsuit but says the loans are not collectable because they were illegally made by Western Sky who is not and has never been licensed in my state.

    • i too live in new jersey this is what i have done i sent letters to cash call and delbert services
      new jersey laws state interest limits no more than 30% payday loans are not legal in new jersey i also sent the copys of the complaints to new jersey banking and feds i also took a photo of the complaint i sign for the criminal charges on cash call and delbert services with the state of new jersey i also sent copys to the experian. so it still shows as a write off not sure why some illegal items still show on credit reports
      i had recorded my call to western sky where they said they were bonded in new jersey banking dept which was a lie!

  134. CandaceP says:

    Has anyone heard an update for the lawsuit in NC?

  135. I am pleased to say that this morning the Banking and Securities Commission approved the Consent Agreement and Order negotiated by the Bureau of Compliance and Licensing with CashCall and its affiliates – collectively “CashCall.” The basic terms of the agreement are as follows:

    1) CashCall will remove all credit reports for all Pennsylvania consumers, both positive and negative reports, and will not report to credit bureaus going forward;

    2) CashCall will cease and desist from making new loans without a license or advertising new loans on behalf of themselves or others;

    3) CashCall will reset all Western Sky related loans to 6% interest on the outstanding balance.

    4) CashCall will not sell or assign any more loans to third parties

    5) Consumers will retain their rights to pursue a cause of action under the Loan Interest and Protection Law on an individual basis.

    6) CashCall will pay $1,000,000 for restitution and costs over a two year period to be distributed by the Department as it sees fit.

    7) Monthly payments will not change in amount which means that any outstanding balance will amortize far more quickly.

    8) CashCall agreed to work with those needing to change the monthly payment amount due to hardship on an individual basis, although it is not part of the agreement, but consumers should understand that will result in a longer amortization and therefore greater interest overall.

    9) The Department will work with those who had First Bank of Delaware related loans separately given the agreement does not reset their interest rates.

    10) The Department will likely require some information from consumers to verify balances as of today’s date.

    11) CashCall will be notifying everyone of the change to their loan to 6% interest, except First Bank of Delaware related consumers.

    12) The Bureau will be pursuing the third parties that have been assigned/or purchased loans from CashCall. Loans sold to third parties will not be reset to 6% because CashCall no longer owns those loans.

    13) Delbert Services is part of the agreement and is not a third party
    This is the agreement reached between pa and cashcall/Delbert services although it addresses a lot of issues it still harms the consumers whom filed a complaint by resetting there loans to 6% interest so if you already paid them the principal and the 6% you are going to have to pay them again the principal plus the 6%.Unless pa plans to give money back to the consumers whom already been harmed as part of the 1million restitution that they paid.I find this order to be harmful to the consumers whom filed a complaint!!!!!!!!

    • Michael Bovee says:

      Thanks for posting this update about the Pennsylvania settlement with Cash Call Rocco.

    • Forgot to add it also doesn’t addresse the interest and penalties that are going to be imposed by cashcall/Delbert services because of being advised by the dept of banking not to pay them beyond the principal and the 6% in which case that is what I did being they are the people whom are the going after these entities!

  136. got a call this morning from the investigator in the new jersey AG office friday the 7/25/14
    everyone must have your paper work in they need a copy of the loan details before friday

    to Troy Dayton
    Investigator 1
    Enforcement Bureau
    P: 609-984-2777, Ext. 50230
    F: 609-292-5461
     
    Address – Regular Delivery:
    NJ Department of Banking & Insurance
    Division of Banking – Enforcement Bureau
    P.O. Box 040
    Trenton, NJ 08625-0040
    Attn: Troy Dayton
     case #Docket No. 14-014322 – Western Sky Financial / Cash Call / Delbert Services

    better get you paper work in guys he said no only will they have to fix you credit report, but all the money paid to they has to be returned right now there are only 90 people on the file!

  137. I have a few questions for Michael and anyone else that has some input. Michael, I noticed in the initial question from the person in regards to his friend Dave in Florida, you made the comment about “if you check the State of Florida records, you would find Western Sky is not licensed in the State of Florida. Can you tell me or anyone tell me where they have gotten a definite “YES” from a lawyer etc., that Western Sky HAS TO BE licensed in the state that they are doing the loans in even being a “Tribal Lender”? I am only asking this because so far, alot of the lawyers I have asked have no familiarity with this type of a situation and the rules around a business being on Tribal Land etc. Also, does the originator of the loan which was CashCall, have to be licensed? I am finding in Texas that neither of them are registered. Most of what I am seeing is the fact that States are winning because they do not allow by law “payday” loans. But has there been any that have even ruled in favor of those who had an installment loan with Western Sky? Ok now for my next question to you Michael: If Delbert Services is strictly a “collection agent” for Western Sky/Cash Call and all they are hired to do is to ACH payments out of my account and apply to my loan etc., do they legally have the right to be responding to formal requests from Western Sky? For example, I sent them a Cease/Desist letter to Delbert Services which states among other things that I would only deal with the original creditor. Well, Delbert Services is answering all legal questions and requests. I have not received anything or heard from Western Sky or WS Funding LLC which is who they sold it too. So how can they do that? I appreciate any input from anyone!!! I have sent a complaint to the CFPB and am waiting to see what they say. Also, anyone else from Texas have anymore info in regards to this please let me know. Thanks!!!

    • Michael Bovee says:

      Linda – I cannot offer you any definitive feedback on the tribal lender angle not requiring state registration. The ins and outs of companies operating off reservation, but governed by tribal laws, would be a highly niche area of legal practice. Treaty law probably does not translate into commercial and consumer laws all that well.

      Western Sky pretty much ceased existing at this point. How Delbert gets to respond to you and others, or collect payments from people, is not something I can answer specifically. But generally, there would be some type of legal transfer, or master servicing agreement, from one company to the other.

      • Another Cash Call Victim says:

        IMMEDIATELY file complaints with the Attorney General’s Office and with Consumer Finance Protection Bureau. Send Delbert Services an email telling them to stop drafting from your bank account. If you have paid back as much as you borrowed, you don’t owe anything else. When all the lawsuits are settled, you will probably get money back.

  138. Torrinio says:

    What if i already paid them off and later find out that they were never authorized in my State? What do i do?

    • Michael Bovee says:

      Has your state instigated an action? If you are not sure, contact your state AG’s office and inquire. Post what you learn and lets go from there.

  139. Danielle Connell says:

    Here is the link for everyone here who lives in NYS and had or has a loan with Western Sky

    http://www.westernskysettlement.com

  140. I am having the same issues with Delbert Services. I have paid $4,854 on a $2,525 loan which they now tell me has a balance of $2,510 after 17 payments. I have contacted the Attorney General in Nebraska and the CFPB. I have also closed the account they are drafting payments from and opened a new account at the advice of my bank. Should I email Delbert and tell them to cease taking payments from my account? I think I have paid enough. Worst case I guess I pay the $2,510 to get out from under it but I don’t think that is reasonable.

  141. Dilbert Services says:

    Per and earlier comment and just recently my own personal experience, if you contact Experian and let them know that your attorney general and the CFPB is currently suing Delbert/WS because they have committed fraud and are operating illegally in your state, then they will remove the loan from your credit report. I did make sure to tell them I have paid back the amount the AG says I needed to have paid.
    Perhaps they are aware of the situation and removed the item from one day to the next without asking for specifics. As far as I care, if it is not reporting on my credit report it makes no difference to me. According to the AG of the state I reside in they would not have a standing in court if they tried to sue me for the illegal interest.

    • Double D says:

      Thank you for the information. Delbert has now listed on my credit report as a charge off !
      I am curious did you file an online dispute or did you call Experian directly ?
      and what state do you live in ??? I am in NJ ! Still waiting on our AG to do something !!

      • Dilbert Services says:

        DD, I called them directly to file a dispute because I figured it was better than writing an online one and not being able to properly explain to the reviewer why I called and the whole situation in general. He seemed to completely understand and said they would have it removed as soon as the next business day. (It seems reporting agencies are a little worried of more of these coming along, especially why it’s widely known several AGs, and the CFPB, oppose the business: http://blogs.findlaw.com/decided/2013/07/woman-sues-equifax-wins-186m-for-credit-report-errors.html ). I can imagine a class action against the reporting agencies would go into the billions based on the numbers affected.
        I am in north carolina, where they have essentially banned payday loans (most had to close up shop, only pawn shops are left).
        It seems payday lending is not prohibited or explicitely permitted in NJ, but if someone does a ‘payday’ loan it must comply with the maximum allowed interest rate, 16% ( http://www.ncsl.org/research/financial-services-and-commerce/payday-lending-state-statutes.aspx ).
        I found this for NJ, not sure if current, but I believe it is the same maximum rate as NY has and therefore NJ should be able to argue the same case as them. ( http://loansandlending.uslegal.com/interest/new-jersey-interest-rate-laws/ )
        I would call experian an argue that NJ has the same interest rate laws as NY and they just got a settlement so you expect the same to happen in your state. Also, maybe you are covered in a lawsuit in that the CFPB is also suing them. Make sure you file a complaint with both your AG and CFPB. I’m guessing your AG is just lazy and waiting to ride on the coattails of other states, unless he feels WS has a legitimate presence in your state.
        Regardless, WS is not a tribal entity, but rather wholly owned by a tribal member. Same as my saying I’m a resident of another state and therefore not subject to NJ laws. I don’t believe tribal sovereignty extends to members of the tribe as a carte blanche to do whatever they want across the US. If going the Experian route did not solve my problem I would have taken them to JAMS and presented the argument I have here as well as the same ones that have been filed by several AGs. Good luck!

        • Dilbert Services I followed your lead and called experian. They removed nothing just continued to update Charge off. Any advise as to HOW to get this removed ??
          Thank DD

      • dd 7/23/14 i talk to the new jersey investigator he said the new jersey Ag is going to file on monday Docket No. 14-014322 – Western Sky Financial / Cash Call / Delbert Services

        his information is Troy Dayton
        Investigator 1
        Enforcement Bureau
        P: 609-984-2777, Ext. 50230
        F: 609-292-5461

        Address – Regular Delivery:
        NJ Department of Banking & Insurance
        Division of Banking – Enforcement Bureau
        P.O. Box 040
        Trenton, NJ 08625-0040
        Attn: Troy Dayton

        Overnight Address:
        NJ Department of Banking & Insurance
        Division of Banking – Enforcement Bureau
        20 West State St., 5th Floor
        Trenton, NJ 08628
        Attn: Troy Dayton
        or the AG OFFICE Attorney General’s Office. If you would like to follow up with them to make sure that what you sent was sufficient for its purposes, the number is 609-292-4925.

        • Double D says:

          Curtis I saw your post from the other day and I reached out to Mr Dayton who I had been in contact with since last Oct. this is the reply he sent me :(
          I hope this gets settled soon ! …….

          Yes, your information was provided to the AG’s Office to be added to its Complaint. Unfortunately, I have no status as to when/if this Complaint will be filed in court. You can try and obtain a status from the AG’s Office at 609-292-4925.

          Thank you.

          Sincerely,

          Troy Dayton
          Investigator 1
          Enforcement Bureau
          P: 609-984-2777, Ext. 50230

  142. Is there any way to find a list of the states who have filed suit against them?

  143. I have received a response from Delbert to the AG in Nebraska basically saying the loan is legal. I have paid $4,779 on a $2525 loan and they now say I have reduced the principal $3.50 and still owe $2521.50. I have closed my account and responded to the AG with a detailed letter on their response. Hopefully this will lead to the AGs Office taking action against them.

    I am pasting a copy of an earlier posting that gives me hope.

    Julie says:

    March 27, 2014 at 3:15 am

    Good news! (For me anyway, but I suspect, for some of you, as well soon!) I received a copy of my original Western Sky Loan Contract from Delbert that contained a “PAID IN FULL AS AGREED” stamped on it! It seems that whatever took place between Nebraska’s Department of Banking and these crooks did the trick. I am very thankful and relieved for this but I will also continue my efforts to keep others from falling prey to them in the future. I hope to see this result or even better for all of the people who were victims of these criminals.
    IF YOU ARE STILL PAYING THEM (DELBERT OR CASHCALL), PLEASE STOP FEEDING THIS DISASTER! IT IS A WASTED EFFORT AND THAT MONEY COULD BE UTILIZED TO FEED YOUR FAMILIES OR PAY LEGITIMATE DEBTS. IF WE ALL STAND TOGETHER, THIS MADNESS WILL STOP.
    Good luck and keep in mind, there IS HOPE!

  144. Kelly B says:

    Mike: I read this in an e-mail today, can you explain what all this means? Thank you.

    “Federal district court grants CFPB petition to enforce CIDs issued to tribal lenders
    Posted: 28 Jul 2014 10:44 AM PDT
    Jeremy T. Rosenblum
    A California federal court recently issued an order granting the CFPB’s petition to enforce its civil investigative demands (CIDs) issued to three tribally-affiliated payday lenders. However, the court also granted the lenders’ request for a stay pending their appeal to the Ninth Circuit. Although the CFPB did not oppose the stay, the court nevertheless found that if its decision was wrong, the lenders were likely to suffer irreparable harm because of the disclosure of sensitive proprietary documents to the CFPB whereas the CFPB would not be injured by a temporary delay.
    The court rejected the lenders’ argument that, as arms of sovereign tribes, they were “sovereigns” and therefore were not “persons” to whom the CFPB can issue CIDs under the Consumer Financial Protection Act (CFPA). According to the court, controlling Ninth Circuit precedent established the rule that laws of general applicability such as the CFPA are presumed to apply with equal force to Indian tribes. Such precedent also recognized three exceptions to the rule where (1) applying the law would interfere with a tribe’s right of self-governance on purely internal matters, (2) applying the law would abrogate treaty rights, or (3) there is proof that Congress intended to exempt tribes. The court found that the lenders could not show that any of the exceptions applied.
    The court also rejected the lenders’ argument that the CIDs were barred by tribal sovereign immunity because, in its view, settled Ninth Circuit law provided that sovereign immunity did not bar a suit by a federal agency even when Congress has not specifically abrogated tribal immunity. The lenders’ were also unsuccessful in their attempt to have the CIDs invalidated on the grounds that they did not provide adequate notice of the purpose and scope of the CFPB’s investigation, demanded evidence beyond the scope of any possible violation, and were overbroad or unduly burdensome.”

    • Michael Bovee says:

      It basically means hurry up and wait still. That said, it is an important part of progress for the case to proceed. Once the CFPB demand challenges that are being appealed are shown to be valid, the lender can be forced to comply. The result of that could be everything the CFPB asks for is turned over. The case could develop more rapidly from there.

  145. Linda T says:

    Michael maybe you could give some insight: I think the biggest win for everyone is what your states’ Dept of Banking or whatever office is in charge of licensing these types of lenders. What I am finding in several states is that it specifically says in their wording on these tribal lenders is that in order for the Tribal lender to be exempt under federal laws of not having to be licensed etc., they have to be a wholly owned tribal lender. In other words, they have to be owned by the tribe. If they are not owned by the tribe, then they are not exempt from the federal laws. And truly this makes sense because if that wasn’t the case, anyone who had an ounce of any type of indian blood in their system would be setting up businesses left and right with a “reservation” address and claiming tribal immunity. As far as I can tell so far from what I have seen in all the legal documents, Western Sky is not a wholly owned tribal lender. As a matter of fact, I believe there was an article that included and interview with the tribal elders of this reservation that Mr. Webb claims to be affiliated with and they have even said that they have nothing to do with this business he is running and that he is even violating their tribal usury laws. Several state’s websites have a complaint form you can fill out if the lender is claiming to be a “wholly owned tribal lender” and they are not. I know Kansas is one of them. I am trying to find out for other states. I am hoping this is helpful in overruling their supposed belief that Western Sky falls under the lender laws.

    • Michael Bovee says:

      I have read over similar findings. The tribal dog won’t hunt. How any of that will impact the final consent or settlement of each state case, or the federal action, I can only guess at.

  146. Linda T says:

    Another question maybe you could answer Michael: If western sky sells the loan to a non tribal company, does that nullify the supposed legal jargon and the tribal immunity they are so called claiming?

    • Michael Bovee says:

      I could not say. If you first establish tribal immunity is valid, I suppose the contract language would have contained all of the usual jargon all of our credit cards and other loans contain, the right to assign, sell, place, etc.

  147. Linda T says:

    Also, I got a response back from the CFPB that they received back from Delbert Services. I still do not understand why Delbert Services is answering on behalf of stuff that is being sent to Western Sky. But basically when questioned about the fact that the drafts kept going back and forth between Delbert and Cash Call there excuse was that there was a glitch with the vendor that was doing the ach drafts. They did not address the legality of neither Western Sky or Cash Call not being licensed in the state of Texas. They also did not address the 2 different “notice/transfer of sale” letters that they sent to me with totally different dates as to why there was to different letters for the same company. And the best part: The complaint was filed against Western Sky YET Delbert Services responded to the complaint from the CFPB and then in their first paragraph in response stated that the CFPB needed to contact Western Sky!!!! How crazy is that. Needless to say I will be doing a dispute

  148. I also received a letter stating that Consumer Loan Trust is the new creditor of my account with Western Sky; but Delbert is still handling the account.

    Are people responding to these letters to dispute the debt or just ignoring them as just another tactic by these companies to try to get money out of people?

    I live in NJ and am just hoping NJ comes to a settlement similar to Maryland as opposed the PA settlement.

  149. I just received a letter from Delbert telling me I still owe them over $3,000. The state of Indiana is a of the CFPB lawsuit. I already paid m the amount I borrowed plus interest. I am not giving them any more until the out come off the lawsuit. I have already file a complaint with CFPB and Indiana, both responses came back from Cash Call stating that r debt us valid, blah blah blah.

  150. Hi, I live in Tennessee.can Delbert, Plain Green,Great Plains and mobiloans sue me?I have loans with all them,I contacted Delbert about lowering my payment I got the 1500 loan from western sky,they said no so I closed my bank account now waiting to see what happens.I found out the usury limit for Tennessee is cap at 24% my loan with Delbert is 124% and the plain green plains and mobiloans are even more.Can any of them sue me and garnish my pay check,what can they do?

    • CHRIS , THERE whole contract with you is void because from the start because it’s not legal to loan money at more than you said 24%. file a compliant with your state bank dept
      most likely they are not legal to be doing business in tenn !

      they will say that it was legal , but it is not!
      it has taken a lot for me to get it off my credit report, i filed charges against them start to go after the credit company for keeping a false report on my file! before i got off but it is off, the new jersey AG SAID I MAY GET BACK EVERY DOLLAR I PAID THEM!

  151. i final got delbert services off my credit report! cash call is still there{but its not a bad item}{western sky is on as a enquirer}!
    I WROTE Experian
    a letter this one included my law sue with new jersey against Delbert services, cash call ,and western sky! in the letter i included the court docket # 14-014322
    now i had in the past disputed this like 12 times!
    but in this letter i include that new jersey was filing criminal charges in them, also if they didn’t remove this criminal item off my credit report i would be force to hire a lawyer and sue them! for repeatedly leaving criminal false items on my report!
    with in a couple of days it was removed off my report

  152. Evening, I’m from Dallas , Texas and I took a loan last year for $2800. I was paying $294 a month. I paid $3528 plus $500 in origination fee for a total of $4028. I was frustrated because after a year of paying $294 I still owed $2743. I went ahead and paid it all off after taking a loan from a family member. Is there something I can to do to help out and possibly get some of the interest returned to me that I paid?

  153. Just got 3k today from the New York settlement.

  154. I borrowed $9,925.00 from Western Sky, now Delbert Services in Nebraska. I have paid over $13,500.00 when someone told me they are not licensed in Nebraska. I have revoked my ACH through my bank and filed a complaint with the CPBF and I sent them a certified letter. In that letter I advised them to close my loan and refund my almost $4,000 dollar overpayment. I just received a letter back saying that their loan is valid and that I agreed to it all. I feel so desperate. Does anyone know anything about Nebraska and what they can or can’t do? Or who I should contact?

  155. Well today I got a letter from Delbert saying now my loan is in there collections and has been given to a account worker .I live in Tennessee caint anything be done to them where I live ? I checked my credit report they haven’t gone anything yet to it but I’m worried they wil trash my credit and maybe try and garnish me .The interest rate for Tn is capped off at 24% the interest rate for the western sky loan was 124% .Can anybody help me?

  156. I just wanted to let everyone know that I received a call from the Nebraska State Department of Banking and my debt with Western Sky/Cash Call/Delbert Services has been written off and stamped paid in full. The contact at the Department of Banking told me to have anyone else in Nebraska who is in the same position to contact his office. If you want that contact information please feel free to email me.

    • Yes, Gary I would love the information. I am struggling with them here in Nebraska as well. I posted my situation a couple of days ago on here. I would love the contact info. as soon as possible. Thank you so much!

      • Abbie
        Please email me at garymbenson (dot) gb (at) gmail.com and I would love to give you their contact info and more details about how I started the process. Don’t be discouraged because you can stop paying them immediately.
        Gary

      • Abbie
        I tried to give you my email address but am not sure it will go through. Here is the contact information just in case. Please feel free to email me. I would be happy to provide you with my cease and desist letter that I sent Delbert and any correspondence I have had with the attorney general or the department of banking.

        The person you need to contact is:
        Michael McDannel
        Legal Counsel/Financial Institutions
        Nebraska Department of Banking and Finance
        1526 K Street, Suite 300
        Lincoln, NE 68508

        Please let me know if I can do anything to help you
        Gary

  157. I had taken out a western sky loan for 2,500. Paid it back in about 5 months, so the interest was about $1,200 total. I received a letter from NYS about the lawsuit, and today got a refund check for $1,120. So happy the Attorney General here went after them.

  158. Can someone please help me with the process of what to do and a cease and desist letter. I have from Rhode Island and can no find anyone here to help me. I have contacted the AG office and they said that they are not the person to call. I had taken a loan from Western Sky for 2500.00 I had been paying 294.46 every month. I have paid that amount back and a few months interest. When I started reading these postings I stopped my payments. When I had contacted them before stopping I owed more than I had borrowed from them. Does anyone have any information who I should contact in Rhode Island to help with this matter. I have been getting calls and letters from Delbert Services which state” lower payments to bring my account current” and different payments options to pay the balance off. I feel that I have paid the balance off. I see that NJ and Nebraska have been taken care and would like to know what I needed to do. Thanks for your help.

  159. Can someone please help me with the process of what to do and a cease and desist letter. I am from Indiana and can no find anyone here to help me. I have contacted the AG office and they said that they are not the person to call. I had taken a loan from Western Sky for 2500.00. Thanks

    • Betty
      Please email me at garymbenson (dot) gb (at) gmail.com and I would love to give you a cease ad desist letter that I used. Have you tried to contact your state department of banking? I contacted the Attorney General in Nebraska first but it was the Department of Banking and Finance who ultimately was able to help me. I would think there is a similar department in Indiana. Gary

  160. Is there anyone in Michigan and what did you do?

    • I am in Michigan. I had a loan. I had paid the principal by the time I learned of the Western Sky/Cash Call/Delbert hustle. I stopped paying and sent Delbert a cease and desist letter. They hit my Experian credit report. I disputed the information. No Change. I disputed again with additional information. No Change. I contacted the CFPB and place a complaint against Experian. The entry was deleted.

  161. so lets go over the whole thing!
    when i talked to the investigator, this is what i was told : if the state your in when you made the loan, has laws about interest rates or payday lenders or they were not license by your state the whole contract is void! because a contact can not be made that breaks the laws!
    of course Delbert services or cash call: re western sky is not going to tell you this ever!
    now getting it off your credit report took me so time they go to Delbert services and ask them if it a valet debt: well of course they lied! so what i ended up doing was sending the Experian a letter with my case # told them if they didn’t remove this illegal item off my credit that i have been nice trying to get removed, the whole thing would get real ugly fast because i was going to sue them for defame my credit! is was off my credit in 2 days after they got my letter!
    i dont care if Delbert or cash call re western sky thinks i owe them as long as it not on my report!

  162. Shawn Miller says:

    I live in Nebraska. I had a $2600 loan with Delbert Services that I paid $294.46/month for just over a year. After reading this site, I contacted the State of NE Dept. of Banking and Finance. I spoke to a nice gentleman who has dealt with Delbert before. I sent him a copy of my contract. He called me back to say that it was an illegal contract with 135% interest. He wrote a letter to Delbert Services lawyer, telling them to stop all collections and refund my money. Within 2wks, Delbert reported my account paid in full. No credit hassle, no calls or letters to Delbert by me…. I encourage people going through this in NE to contact the Dept of Banking and Finance located in Lincoln, NE.

  163. I took out one of these loans a while back myself for 10k. Like everyone else, I paid the payments until I found this website. So far, I have paid back $10,600 and then back in March I cancelled the EFT’s. Of Course, I get the call everyday, but I really don’t care that much. I took the loan out when I lived in Florida, I can’t see that there is anything going on there now though, only the PDF of the supposed filing. I have researched the laws governing this in FL and it appears to me that it would be impossible for them to get a judgement. I live in New Jersey now, since the end of December 2013. I am curious if my change of residence changes anything with Delbert/Cashcall/Western Sky as far as collections go.

  164. Anyone have any experience with usurious CashCall/WS/Delbert loans in Illinois? As with many other commenters, I (unfortunately) took out a Western Sky installment loan for $2600. At this point, I have paid $4900 towards the loan and the principal balance is now a whooping $2700 – $100 more than I borrowed! I submitted a complaint via the Consumer Financial Protection Bureau and received the company response from Delbert stating that I need to contact Western Sky since they were the loan originator but was also told in that same letter that I had been informed of the interest rate and amortization schedule and never stated that I was confused or did not understand the terms. I am going to send a complaint to the Illinois State Attorney General’s Office as well and call the Illinois State Department of Banking. I do see that the CFPB has amended the lawsuit to include Illinois (along with several other states) due to CashCall/Western Sky not having a license to lend in those states (copy of the amended complaint: http://files.consumerfinance.gov/f/201403_cfpb_amended-complaint_cashcall.pdf). For those individuals who did stop payment on the ACH withdrawals- how badly did it hit your credit? As of now, I have paid the principal balance of the loan and much, much more, but I worry about cancelling the payments and trashing my credit (which I have worked very hard to improve). Any information would be greatly appreciated!

  165. Along with everyone else, I took out a loan with western sky in July of 2013, for $1500, 500 of that was taken immediately for fees. Within a day or 2 the loan was sent to Delbert Services. As of July of this year I had paid back at least $800 of the principle. I stopped ACH payments to them when i found out that WesternSky had been shut down and that the loan was more than likely illegal in my state of Indiana. Once I stopped payments, I received a few phone calls from Delbert, then those stopped. Recently it seems that Western Sky/Delbert sold the account to a collection agency called Admin Recovery LLC, claiming I still owe over $1400. Admin Recovery did call my parents, work, home, and cell. I told them that per the state of Indiana the original loan with Western Sky is null and void in the state of Indiana due to it being an illegal loan, the gentleman John laughed at me when i said that. I explained that I have paid back a good portion of the principle amount. I also told them that they are not allowed to contact me or any friend, family member via phone. That if they violate any of the Fair Debt practices that I would be reporting them. John laughed again and said report away.

    What is my next step? Do I report Western Sky/Delbert to the Indiana Attorney General, State Banking Department, etc? Also can Admin Recovery legally collect on this? My thought after reading thru all the comments is “no” since the loan is not legal.

    I also see that:
    “The CFPB’s complaint alleges that defendants CashCall, WS Funding, Delbert, and Reddam have violated the Consumer Financial Protection Act’s prohibitions on unfair, deceptive, and abusive acts and practices. The Bureau’s investigation showed that the high-cost loans violated either licensing requirements or interest-rate caps – or both – in at least eight states: Arizona, Arkansas, Colorado, Indiana, Massachusetts, New Hampshire, New York, and North Carolina. Under statutes in at least these eight states, any obligation to pay such loans was rendered void or otherwise nullified in whole or in part by law. Therefore, the defendants are collecting money that consumers do not owe.”

    Indiana is a part of the above statement. Do I send a cease and desist or validation letter to the debt collector with that information?

    • Hi Joy I contacted the attorney general office in indiana and filed a complaint with the cfpb indicating the case against western sky etc. You could send them a cease and desist letter. If they are contacting you visa email you can send them a letter via email as well. I think there a few examples on this thread. Also if its on your credit report report that as well. With the agency and cfpb.

  166. Hello everyone, wanted you all to know I was able to get western sky, delbert off my credit report with experian (only credit reporting agency that still listed them). First I filed a complaint with them directly ( experian) nothing really came from it, I later contacted the cfpb and indicated that the compliant had not been resolved and these loans are considered illegal in my state. Received new report yesterday indicating delbert, western sky, cashcall have been deleted.

    • Nikki
      That is encouraging news ! I have filed a dispute with experian twice with no luck. I filed a complaint with CFPB this past Monday against Experian. I have yet to here back from them regarding the charge off they have posted on my credit report ! How long did it take you to get a response from CFPB ?

      • It took about a week to get a reply but oddly enough I received my reply from experian directly advising of the deletion, haven’t received a reply from cfpb yet.

        • Got a response from CFPB today that Experian has agreed to remove the Delbert charge off from my credit report and they will be sending me a clean copy of my credit report within 10 days !! Finally !! NOW if NJ and CFPB could just get on with a settlement with these predators !!

          • Michael Bovee says:

            Nicely Done Double and Nikki!

            If either of you would not mind sharing your start to finish complaint process using the CFPB web portal, and your impression of how this worked for you, I know other readers will benefit from your perspectives.

            • Hi Michael,

              First i contacted Experian online and disputed the charge off from Western Sky/Consumer Loan trust etc that this loan was illegal and should not be reported. That really did not result in anything actually. After 30+ days i contacted CFPB and initated a complaint against Experian stating that i had not received a resolution and they were reporting incorrect information on my credit report. (If you have your complaint number that would be helpful but not necessary) After a week or so my complain was resolved and the loan was deleted from my file.

              • Michael Bovee says:

                Thanks for sharing those details.

                It would appear, from some of these recent posts, that real results with getting these loans off of credit reports share a common denominator of the CFPB complaint process.

                • Michael – you are doing great service through this site.

                  I am in Texas and have a CashCall loan. To anyone who had success with removal from Experian, can you please clarify exactly what language you used when

                  1- You Contacted Experian through their online disput processs
                  and then subsequently
                  2-When you contacted the CFPB , where on the web site etc.?

                  Also, is doing the dispute first with Experian and waiting the 30 days necessary in the eyes of the CFPB?

                  Again , thanks to all for sharing and giving hope to people you may never meet in “real” life.

  167. credit card numbers says:

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    • Michael Bovee says:

      Thanks. I do have videos on some pages, but could admittedly do much more with that.

      I have not looked into adding images to article pages much. I do intend to update the site before the end of the year, and will be looking at more of a media rich presentation. Stay tuned.

  168. Anyone doing business with Western Sky aka CashCall needs to check with your Attorney General Office. In my state, collectively we all sued CASHCALL and got most of our money back. They are not located on a reservation that is why they have the BAIT and SWITCH set up. CashCall is only legal in a few states as a result of all attorney general offices suing them and pushing them out. Also, do a cease and desist letter and copy your back to not allow any payment out of your accounts. If your bank doe snot abide, they too can be sued. This requires a little work and effort, first check the rate of interest loans online in your state, then contact your Attorney General’s Office for your state – the BBB has them down as SCAMMERS.

  169. Can payments to Western Sky/Cash Call be put back into your banking account from your financial institution? A poster commeted they were able to get money back from their financial institution. Is this possible? What is the process?

  170. I have been reading the latest comments on here and trying to process all the information. I too took out a loan with Western Sky, now Delbert Services. I made just one payment, as I moved and didn’t have a job yet. Most of my contact with Delbert has been emails and of course, the harassing calls. I know a suit was filed and my state, IN, is listed. I know to file a complaint with the AG or the State Banking Dept. Do I do that online or will I have to talk with someone to do it?! How do I find their info? Also, will it be the same with CFPB?! Can someone please help me with the process of what to do and a cease and desist letter too. I’d like to know the step-by-step process of what I need to do. I’ve never had to deal with something like this and I want to make sure I get it all right.

    • Hi Tammy, you can file you claim online with the AG office in indiana http://www.indianaConsumer.com and with CFPB online as well http://www.consurmerfinance.com. You can send an email to Delbert requesting that they nolonger contact you or attempt to deduct payments from your account. Hope this helps!

      • TY Nikki! What about the cease and desist letter?! I actually forgot who that goes to and how should it be written? Also, I forgot to ask about Experian. Do I file a complaint online first or what. All this is so new to me, it’s crazy! I will email Delbert too. After I made my one payment, I closed that bank account. The only contact I have with Delbert now is email and calls.

        • Hello Everyone from IN,
          spoke to a rep in the AG office today and was advised that they are still working on claims and continue to be patient.

          • I got a crazy call earlier, which made me remember to place my numbers on the no call list, which in turn, got me thinking about Delbert. I was actually able to find the paperwork the AG has filed on Delbert. So it’s bookmarked now. I just need to get my claims in now. Just really wanted anyone in Marion County to know about the paperwork in case you wanted for your records that’s it’s been filed.

            • I got another call from someone saying a claim has been filed against me, etc. I called the number and I spoke with a person very briefly. I got her to tell me the name of the company…Alliance Capitol Mgmt. Anyone else deal with them?!

              • they’re probably going bankruptcy and trying different tactics to get payment i would ignore them didn’t they just say a day ago that a different co had your loan. I would ignore them and tell them to stop calling and if they continue get as much info you can to give to the AG office.

                • I just let Tom from the AG office know about the calls and gave him what info I had. I really don’t know if it’s Delbert but I’m pretty sure it is. The lady sure didn’t want me to know the name. I have the number blocked on my mom’s home phone now and my old job also told them not to call there anymore. I unblocked the number from my phone as I want to keep track of how many times they call.

  171. I took out a $2600 loan from Western sky in January 2012. I have paid over $7000 and I have just learned that those types of loans might be null and void in New Hampshire where I live. any advice is appreciated.

    • Benny
      I took out the same amount in Nebraska. If you send me an email I will give you details of what I did. They sent me a letter saying the loan is paid in full. I had paid around $4900. You can reach me at garymbenson dot gb at gmail dot com
      Gary

  172. I too have a loan that originated with Western Sky and then was immediately transferred to Delbert Services. I’m in Minnesota. The loan was for $5k and I’ve already paid over $5k back at $486 a month. I called Delbert yesterday to find out what the balance was and almost lost it when they told me it was still $5500!! I told them I won’t be making anymore payments and will be filing complaints. Any idea of the legality of this loan in Minnesota?

  173. My husband also took out a loan with Western Sky and has paid off more than he borrowed but they are threatening to charge it off. We live in OH. The original amount of the loan was 10K. Delbert Services are the ones who have been collecting on this for around a year now. Please help us to know our rights.

  174. I too have the same situation as the above comments. Can anyone give me information regarding the laws in the state of Oklahoma.

  175. I called Delbert Services and advised them that I will no longer be making payments on this loan about a week ago. I told them that I have paid back well over the original $5k loan and that I will be disputing the legality of this loan. The loan was originally with Western Sky, but was immediately transferred to Delbert Services. Of course they threatened me with the “we report to the credit bureaus” if I don’t pay anymore.

    Today I received an email saying that servicing of my loan has now been transferred to CashCall, Inc. out of California. I wonder what that is about?

    • Hi Jeremy,

      CashCall is still part of Delbert basically. I would go to your Attorney General’s website and check to see if they’ve filed court papers on Delbert. Then like others on here have done, file a complaint with the AG office as well as CFPB. I’m in Indiana and I was able to find the court papers. Not sure if this helps. I just read thru other posts to help me out.

      • Minnesota also filed suit against CashCall/WS Fudning/Western Sky etc., and was added to the CFPB complaint. So far I have verbally told CashCall I would not be making another payment, revoked the ACH authorization, filed a complaint with the MN AG’s office, and sent a hard copy of my complaint, ACH revocation, cease & desist letter, and copies of the MN & CFPB complaints to CashCall via certified mail. I’ve received 2 collection calls from CashCall so far this week, but I just mailed them on Monday so I’ll wait and see what happens.

  176. Is there anything at all for People that live in Tennessee? Delberts on my credit report now and my score dropped like a bomb.

  177. Yesterday, I spent a good amount of time filing complaints with the Attorney General’s office & CFPB on Western Sky/Delbert Services. I probably didn’t do a good job relaying my issue but did as best I could. Anyway, I then went to Delbert Services website to tell them to stop calling and emailing me. This is the response I got….

    Hello Ms. K,

    Thank you for your correspondence. Please be advised your account is no longer
    with Delbert Services and is being handled by CCI Acquisitions, LLC. For any
    further questions regarding this account, please contact CCI Acquisitions, LLC
    at (305) 851-6066.

    Sincerely,

    Richard Mason
    Customer Concerns Department
    714-722-6931

    Who in the hell is CCI Acquisitions LLC?! I can not find any information on them. I sent Delbert another email stating I want a copy of the transaction being done, as I wasn’t informed at all. I also asked for the address of this CCI as I figured they would already know.

    Michael, can you see if you can find out anything on this Company that Delbert mentions? Any info would be appreciated.

  178. Sorry to post so much. Need to also ask should I let the AG & CFPB know about this new ‘change of hands’ from Delbert to this CCI?!

    • Michael Bovee says:

      I tried to dig up details about CCI Acquisitions LLC, but my targeted search results were limited to generic information about the company formation in Florida:

      CCI ACQUISITIONS, LLC
      Date Filed 05/20/2014 State FL Status ACTIVE Effective Date 05/14/2014
      Principal Address
      12105 NE 9TH AVE
      NORTH MIAMI, FL 33161

      Registered Agent Name & Address MIZRAHI, DAVID

      If it were me in your shoes, I would update any active complaint I had going with your AG and the CFPB.

  179. Hey tammy what additional info do you have regarding indiana and delbert?

  180. Hi Nikki,
    All I know is I was able to find the court filing from the AG’s website. It was filed July 23, 2014; cause # 49D011407JL024699. It is very interesting to look at. It did take a little looking to find it. Look under Consumer lawsuits. Then by Defendant name, which you can then go by name or year. When I couldn’t find it under 2014, I went to 2013 and found it under Cash Call’s name. That’s when I filed my complaints with the AG & CFPB. Also, filed a complaint with Delbert. Which I now learned my acct. is with some other company. Very frustrating!!! So I’m trying to decide if I should call the AG office to let them know this latest development or not.
    Any suggestions appreciated!

    • HI Tammy,
      when i spoke with the rep at the AG office a couple of weeks ago to get an update ( i filed my complaint in Feb) since i hadn’t heard anything. He did say that they were hoping that the settlement would possible prevent CashCall/Delbert etc from selling the debt to another collector. I havent talked to him since. If you talk to someone will you please post and let us know if you find any additional information regarding their case against Cash Call.

  181. I have a loan with Western Sky/ Cashall and was unable to find any info on the lawsuit filed in Indiana.

    • Hi Kelly B,
      Trust me, the court filing is there. Got to the AG website, Click on Indianaconsumer.com and then a list will come up. Look for consumer lawsuits. Then click on ‘search by defendants by first name or number’. Search by year, which is 2013. Scroll down til you see Cash Call. There you will see it all.
      I hope this helps.

      • Hi Tammy thank you so much I found the case, didn’t know the AG office had took action like this, when I spoke with the rep at the office he didn’t bring this up! Hopefully something happens soon!!!!

        • You are so welcome Nikki! I was actually surprised I found it. I hope by posting about it, that it helps give others an idea what to look for from their own state AG office. Western Sky/Delbert Services needs put in their place big time. So let’s all band together on this and keep helping each other out!!!!

  182. finally read the complaint very interesting findings

  183. I just got this email from Delbert’s complaint Department. Interesting that the other email I got, it says my acct was being handled with CCI Acquisitions and the following email says it’s with a different one. Who do you believe in this twisted game!?

    November 12, 2014
    VIA U.S. MAIL
    TK
    15835 Foothill Farms Loop Apt 2113 (old address)
    Pflugerville, TX 78660
    RE : Loan #27725704
    Dear TK,
    We are in receipt of your inquiry of November 12, 2014 regarding the above-referenced loan. We
    have investigated your concerns and have confirmed that all credit information for this debt has been
    reported accurately. In summary, the debt is valid. Enclosed herein is a detailed payment history
    for your records.
    Please be advised that Cuzco Capital Investment Management, Llc now owns the debt referred
    to in your correspondence and your request has been forwarded to it. Please direct all future
    correspondence to Cuzco Capital Investment Management, Llc:
    Cuzco Capital Investment Management, Llc
    111 Great Neck Rd
    Suite 306
    Great Neck, NY 11021
    516-717-4499
    If you have any questions, please feel free to contact us at 888-983-3523.
    Sincerely,
    Complaint Resolution Department
    Cc : Cuzco Capital Investment Management, Llc
    111 Great Neck Rd
    Suite 306
    Great Neck, NY 11021
    516-717-4499
    NOTICE: RESIDENTS OF CALIFORNIA, COLORADO, MINNESOTA,
    MAINE, NEVADA, NORTH CAROLINA, TENNESSEE, AND UTAH,
    PLEASE SEE THE FOLLOWING PAGE FOR IMPORTANT INFORMATION.
    This communication is an attempt to collect a debt and any information obtained will be used for that 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.

    If anyone has dealt with this company, please let me know. I googled them and the BBB gave them an F rating. Michael, If you can find anything else on them, let me know as well.

    • Tammy I had gotten a similar notice from another co, but i ignored it i think it’s just their attempt to get payment at this point.

  184. I got this email this morning and wanted to share it. There’s also an attached letter as well. But I can’t cut/paste that.

    Dear Consumer:

    Please see the attached letter issued by the Indiana Department of Financial Institutions. To our knowledge neither Western Sky, Cash Call nor Delbert was/is licensed to make and/or collect consumer loans in Indiana.

    We have filed a lawsuit in this matter and will try to seek relief for consumers such as yourself.

    Sincerely,
    Tom Irons
    Office of the Indiana Attorney General

    • I replied back to Tom Irons to bring to his attention about the latest emails I had gotten from Delbert and to ask what I should do about them and my current complaint. He replied back asking the names of the collectors and said if I get any more emails/letters over the next few weeks, to forward them to him to keep with my current information. He also said if I needed to file complaints against these new collectors, it could be done later on.
      It looks like the AG office is really wanting to get as much info on Delbert as possible! So if anyone is getting any new emails from Delbert here in Indiana, let them know about it.

      • Okay that’s who i had talked to before and who had sent me the original letter that you posted, also regarding this issue. Thankfully I have not gotten any additional contact from Delbert or 3rd party collector. Did you make sure it was off your credit report?

        • Nikki,
          I haven’t done that yet. Not sure I can get a free report again. I had to use a service for potential job that they said was needed. It was free for 7 days then I would’ve been charged. That’s been months ago. I know I can get a free one yearly. Just don’t know if I can get another one.

  185. Anna Craig says:

    I live in Texas and Ihave a loan with Cashcall, then it became Western Sky, then Delbert. I have been paying for over 2 years and my loan has never decreased. I have a $10,000 loan with a 89% interest rate. So this summer I started filing complaints with any company who would listen: Texas Attorney General’s Office, the Consumer Finance Protection Board, Texas Department of Banking, the Office of Consumer Credit Commissioner, Better Business Bureau and The Federal Trade Commission. I sent 3 certified letters (one to each of their locations in Vegas, California, and North Dakota). They sent 2 back unopened/unsigned. The 3rd is still out there somewhere, yet to come back to me. But after I did all of that and did a ton of work on my side, they called and wanted to work out a deal. Wow, a little complaining goes a long way. They dropped what I owe down $7300 with a 30% interest rate. Now most of my payment is going to principal and not all going to interest. I will be making double payments and will hopefully have this paid off this spring. I WOULD NEVER RECOMMEND GETTING A LOAN WITH THEM AND I WILL HELP ANYONE WHO HAS ONE GET RID OF THEIRS.

  186. I just got an interesting letter from Delbert today. It stated that my account had gone into charge off as of March 31, 2014 with the amount being $3559.69 and now has been sold to a company CCI acquisitions, LLC. Whom I’ve yet to hear from. What makes this interesting is the fact I didn’t hear from Delbert all through April until May 20th, in the amount of $4970.76 and monthly from then on, with the amount going higher each month. The last one being September 16th, for $6089.25 I thought once an account went into charge off, they couldn’t charge anything else to the account?! I just emailed Tom Irons to see if he was interested in any/ all of the emails from Delbert.

  187. Thanks Michael. Good read and good to know!

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