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 dug 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?
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 Operates 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.
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?
How to Deal with Illegal Online Loans
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: https://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.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
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!
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 !!!!!!
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
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.
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: https://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!
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.
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?
Michael, here is a link that may help explain Chase’s policy on payday lender
https://dealbook.nytimes.com/2013/03/19/jpmorgan-reining-in-payday-lenders/
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.
Sorry about that. There are more benefits to limiting each string to 10 comments than there are drawbacks.
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?
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!
Nicely done New York! Thanks for posting your update Tina.
I live in NYC and got my settlement packet today, too. I remember this particular loan.
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.
For those interested, there are some great takeaways in the CFPB report out today about payday loans: https://files.consumerfinance.gov/f/201403_cfpb_report_payday-lending.pdf
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!
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.
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.
Some news out today related to payday/online/micro lending and tribal immunity (Western Sky has argued this): Judge rules against online lenders
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?
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.
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.
I live in NY as well. Which bank do you use?
Cheyenne Sioux River reservation members. Sorry I butchered the tribal name in my post.
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?
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
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.
Can you tell me what the laws in South Carolina are for this same situation?
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!
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
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.
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!
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).
Does the State of Arizona have a lawsuit against Western Sky Financial?
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?
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
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!!!!!
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!
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
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?
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.
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…
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
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
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,,
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
Khaehl – I sent you an email with contact details to an experienced consumer law attorney.
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.
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.
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.
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.
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.
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.
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:
https://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.
Does anyone have any information regarding New Mexico and if the lenders are legal here? Or at least a website to find out?
Thanks!
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.
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?
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.
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
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.
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!
https://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.
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).
Thanks for your reply Michael,I am just a little annoyed with myself for getting this loan in the first place.
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?
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.
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.
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!
For those of you who live in New York!
https://www.ag.ny.gov/press-release/ag-schneiderman-announces-settlement-western-sky-financial-and-cashcall-illegal-loans
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.
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?
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
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.
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.
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.
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.
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.
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?
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?
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
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.
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.
Hi Jaida,
Could you tell me what happened with the loan that you had in Idaho?
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.
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.
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:
https://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.
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!
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!
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!!!
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?
Carol,
You need to speak with the manager of your bank. Explain that DELBERT did not have authorization to withdraw funds from your account. This happened to me and I insisted that the funds be returned. The question becomes did it happen? YES! !!!! CLOSE YOUR ACCOUNT AND DO NOT GIVE THEM ANYTHING ELSE!
Loan was with Cash call which is with Delbert Services now
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.
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.
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
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….
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!!
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?
Does anyone have a template of the letters (especially the cease & desist letter) you sent to them so they will stop
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?
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!”
Those of you located in New York please see the below links!!
Settlement reached in New York against CashCall
https://www.ag.ny.gov/press-release/ag-schneiderman-announces-settlement-western-sky-financial-and-cashcall-illegal-loans
This is indeed great news. However, the settlement mentions nothing about having the negative information Cash Call has placed on my Credit Report removed. I’ve disputed the information twice through Experian and got nowhere. I’m going to call the 800 # listed on the settlement and see what they have to say.
How do I stop payment
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?
I just googled the name Delbert Serivces consent agreement with Nevada
Major announcement out today from the CFPB filing its lawsuit naming Cash Call, Delbert Services, and its owner: https://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.
Does that include nj too, what should I do now
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.
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?
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…
https://www.westernsky.com
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.
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.
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.
It wa a $2600 loan but when I requested a payoff amount today it was $3000
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!
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: https://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.
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!”
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?
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?
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.
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 https://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 https://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 https://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.
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.
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.
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.
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?
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.
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
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.
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 )
Immediatly contact your states attorney general or dept of banking.
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
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?
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…….
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.
I live in minnesota and am in the same predicament with delbert services. Should i close my checking acct?
Sallyj – Can you be more specific about the challenges you have with Delbert Services?
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.
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?
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.
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.
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.
Has anyone been able to have the collection from Cash Call deleted from your credit report? If so, how?
I competed an online dispute (DELBERT) with the credit bureau. Indicated that I did not owe them and added a little information from the consumer protection office. It was deleted.
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 !!!!
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.
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?
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.
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.
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
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 !!
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 !!
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.
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 ???
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
Michael
Please help spread the word !!
This is an email update I received today from the investigator with the NJ div of banking PLEASE everyone email this gentleman in the AG”S office !! NJ needs to get on board !!!
Our office has not been provided with any updates related to this matter in some time now. I have listed below one of the individuals in the AG’s office that was assigned to the matter, but I am not sure if he still is or if the matter has been dropped entirely. Regardless, you can try the following individual to find out either way.
William B. Puskas, Jr.
Deputy Attorney General
New Jersey Department of Law & Public Safety
Division of Law
Banking & Insurance Section
P.O. Box 117, Trenton NJ 08625
Telephone: 609.292.7669
Facsimile: 609.777.3503
E-mail: william.puskas (at) dol.lps.state.nj.us
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
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.
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
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.
https://www.consumerfinance.gov/newsroom/cfpb-sues-cashcall-for-illegal-online-loan-servicing/
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 !!
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
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.)?
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.
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 ?
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
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.
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.
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: https://www.consumerfinance.gov/complaint/
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.
Lisa – Loans from Western Sky and their being purchased and serviced by Cash Call would be governed by Colorado state law. You can learn more about this from your AG website: https://www.coloradoattorneygeneral.gov/departments/consumer_protection/uccc_car/uccc.
You can call and speak with the AG office about your concerns.
Which debt resolution company had you contacted to work with on this or other debts?
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.
Martina – Check out this news report about online lending in Virginia: https://www.nbc12.com/story/15048446/businesses-offering-illegal-online-payday-loans.
If it were me in your shoes, after having paid back nearly 150%, I would not continue payments, and be prepared to address any collection issues with complaints to state regulators (and federal regulators if necessitated by collection activity afterward).
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?
Sorry ment to type CFPB not cpbb.
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.
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!!!!!!!!!!!!
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
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
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?
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
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
Please count me in on the loan situation with Western Sky and CashCall – I took out a loan in 2011 for $2600 – I have paid more than $11,000 on the account at this point and still have a balance.
I started out with Western Sky, then my loan went to Delbert and now it’s Cash Call debiting my account every month. I stopped payment, opened another bank account. Original loan was for $ 2600.-, to date I have paid back # 4720.-. They got more than the principal back from me. The max interest rate allowed in NJ is 39% on this type of loan, which is illegal in NJ.
I believe there is still a pending case against them in New Jersey. Contact your state AG and ask what steps are recommended for you from here.
Thank you Michael I will do that
Do you have any advise coming from Alabama. I have reported them and my loan was 2600 from western sky, was paying delbert and now settlement offers coming in from Cash call after I sent the letter asking them not to contact me on the phone. This is my second time contacting attorney general office after learning Cash call and delbert have slammed my credit report
Depending on the circumstances, and how quickly you are trying to close on a home, you may want to negotiate the lowest possible lump sum settlement.
See fixing your credit to buy a home for more.
Sky and Cashcall can NEVER do business in my state – the Attorneys General Office shut them down – and we all got 3000-6000 in refunds because of the illegal interest rates.
Contact your state’s Attorneys General Office
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.
I have also sent complaints to our Attorney General’s office as well as the Department of Financial Services.
We have a similar situation here in New York State: https://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.
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,
Deirdre – Check out what the Michigan Attorney General website has to offer about your rights with regard to your loan: https://www.michigan.gov/ag/0,1607,7-164-17334_17362-171016–,00.html
Thank you for the great information you are providing on this site! I also live in Michigan and have the same sad story as the rest of the people here, however the info you are providing for Michigan is on payday loans mine is an installment loan, do you know what Michigan’s stance is on those? Is there any more info as to what Michigan is doing??
Would you have any information on proceedings in Arizona
I’m also looking for information with regard to those of us in Arizona.
I found out today that Cash Call is licensed to hold/collect/provide loans in the state of AZ. However if you feel you should not be charged any additional money (you paid off principal and then some) you can file a complaint with Arizona Department of Financial Institutions to get them to reach out to Cash Call to help. They offer no promises. Any loan over $2600 they can put a lien on your wages/personal property if you fail to pay what they say you owe in full.
So we in Az have no recourse?
https://www.mlive.com/business/index.ssf/2013/08/michigan_regulators_target_wes.html
My husband has been paying on this loan for quite some time. Who do we need to contact since this is illegal in the state of Michigan? We already closed our account and now they are calling him 3 or more times a day.
Hi Heather,
Contact Attorney Dani Liblang at the Liblang Law Firm in Birmingham MI. She has been helping me and several people in Michigan.
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
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.
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?
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.
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
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
Hello,
Do not pay them another dime. I stopped and changed bank account. They cannot do anything to you. I live in Alabama.
Lin, how do you know they can’t do anything to you? I am in allot of trouble with these guys. Can you email me something? Thanks
Lin,
Yes I stopped paying them last year. I have the 2600 I took out in 9/2012 and Western Sky sold it to Delbert and now Cash call. I have filed complaints with CFPB and Alabama state attorney general. My CFPB complaint served as my cease and desist letter. SO I do not get anymore calls but Cash call says I now owe 6,000 since I stopped paying them in 2013. Our attorney general doesnt seem to be so concerned as other states though., I also had reporting agencies remove all of it from my credit report. I sent in all the info i had found and it was removed. Hope this helps. Have you still heard from them?
Hi – I contacted the credit bureaus and sent copies of the lawsuits filed in my state along with the laws regarding caps on interest and that these types of loans were considered void and they removed them from my credit report!!
What type of documentation did you have to provide? I fell into this trap and now have a negative mark on my credit report.
Have you heard anything else from them Lin?
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
I had a 2500 loan with western sky. These people are not legal and they are partners with cash call and delbert. I went to my bank and had payments stopped to them. I filed complaints on line with the Texas Attorney General and Consumer Protection. They were on my experian credit and now they are off my credit report. I also called experian to explain what was happening but you know the credit bureau is not going to do much, it has to come from the Texas attorney general and the consumer protection agency. I got the loan in 2012.
Did you attach any support to your complaint? Like proof of payments or loan documents? How long did it take to get a response from attorney general?
How were you able to get the negative off your credit bureaus?
How do you know they cannot do anything to you? How were you able to obtain that information. I need help also. Thanks
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
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.
Did you ever reach out to Amy at Hill Country Law in Austin?
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??
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.
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
Company responded
Cash Call said:
Explanation of closure
In summary, the loan is valid and enforceable and has not been paid in full. According to our records, Ms. Powell has made 17 of the 48 scheduled payments on this loan. The last payment was received on January 1, 2015 and the account is delinquent. As of April 4, 2015, Ms. Powell’s payoff amount is $3,483.68. Nonetheless, CashCall would like to work with Ms. Powell to resolve this matter. Please have Ms. Powell contact the Dispute Resolution department at (714) 221-3300 if she would like to discuss possible assistance options or for further assistance with her account.
Dispute
I filed a complaint with CFPB and this is what I got back:
Response from CashCall
Please be advised that Ms. Powell’s loan is not a payday or deferred deposit loan. It is an unsecured installment loan that she obtained from a company called Western Sky Financial, LLC (“Western Sky”) and that is currently being serviced by CashCall, Inc. (“CashCall”). Western Sky and CashCall are separate companies with separate ownership.
Also filed a complaint with NJ Department of Banking and they told me that this matter is not in their jurisdiction. I am so frustrated, can’t get help anywhere. Anyone know what else I can do to stop them from trying to collect ?
After filing a complaint with the BBB and disputing the company’s 1st response, the BBB has now closed my complaint
BBB of San Diego
To: Ms. Petra
Subject: The complaint has been Administratively Closed
Date Sent: 4/13/2015 2:20:01 PM
The CFPB started an investigation and who knows what will come of that, The NJ AG office has not responded. Very frustrated! Does anyone have any ideas what to do next?
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 am in Texas too!
I stopped paying. As a matter of fact, I had my bank to replace the funds taken out by Delbert. Actually, they did not have authorization to collect. The account was closed. Again, do not leave your account open for them to get any funds.
Jessica,
How did this turn out for you? I’m in the same predicament.
i also took out a loan. I could use any information dealing with western sky. Thanks
HI,
I had a 2500 loan with western sky in 2012, I made about 6 payments and I stopped. I received collection calls from Delbert and a couple of others for months. I reported them to The Attorney general’s Office, The Consumer Complaint Office and Experian. They are not on my credit now. I don’t know what happened but they are gone, so someone must have followed through.
I took out a loan in 2012 and have made a total of 25 payments. My loan was for $5000 and I have paid them to date $11,700. If I stop payments in Arizona will I be taken to court or anything?? They say I still owe $5200. I can’t afford to keep paying and the last payment is scheduled for 2019 – another 4 years.
Sounds like my current situation Mudeb123. can I contact you via email. They have killed me twice on my report and now I’m trying to buy a home.
I filed a dispute about Delbert. They removed them from credit file within weeks. You can complete your dispute online. If you need more information email me. IT WORKS!
Can you please send me the link for the forms and info on filing a complaint against them?
Do you have the information to file the complaint. If you do would you be able to send to me.
Thanks.
What is the link to file a complaint online?
What type of complaint? You could file complaints with the CFPB, your state attorney general, other.
I am in same predicament as the rest of these people – I have paid 3 times what my original loan amount was, and the people at Cash Call are still calling me daily to set up more payments. As far as I am concerned, I have paid back far more than what I owe. And, now after reading a lot of research online, I am seeing that these companies are illegal. I just need to know how to disentangle myself from this, and move on. Should I write a letter saying that I consider the original loan paid in full, and do not contact me any further? Should I report to the Attorney General? Ugh! Please, someone give me some good advice here – I cannot take this anymore!!
Sarah, tried posting this to you earlier, but didn’t go through apparently. The most important thing you can do is IMMEDIATELY CLOSE YOUR BANK ACCOUNT!!! As stated in other posts, Western Sky and several other companies owned by Martin “Butch” Webb are fronts for J Paul Reddam’s lending and collection companies. Several states investigated and found that it’s all a sham to evade state lending licenses. They’ve been successfully sued, numerous judgements, both state and federal, have been won against them. They’ve lost every appeal in every court and they’re only stalling with motions to collect as much money as possible before they’re shut down. The contracts aren’t worth the paper they’re written on. Every paragraph of their contracts is written to mislead you, from the laughable “Governed by the Indian Commerce Clause”, which only governs commerce between the US Government and Native Tribes, to the Arbitration Clause. The Cheyenne River Sioux Tribe neither provides arbitrators or has arbitration rules in place. That clause has been tested and defeated every time, even by the Cheyenne River Sioux Tribal Court (See Jackson VS Payday Financial, May 29th, 2014). You know that paragraph that says you are “Bound to the Laws of the Cheyenne River Sioux Tribe”? Well, unless you’re a registered member of said tribe, you’re not bound to their laws. I live in Ohio and didn’t know any of this until a month ago. Happened to go online to see what my balance was and saw all these people talking about the topic. I read court case after court case, at least 4 hours of every day for the last month has been spent researching these companies. The loans are illegal and don’t hold up in any court in the US. Western Sky and the other companies owned by Webb are licensed by the state of SD as LLC’s, so they are bound by state and federal law. The companies aren’t owned or controlled by the Tribe, only a member of the Tribe, which doesn’t give them Tribal Immunity, even the Tribal court ruled that. Webb’s companies are a front for Reddam’s companies, started after his last “rent-a-bank” scam was found out and shut down by the government. Do yourself a favor, save your money, these guys have no legal right to it. Contact your Atty. Gen., your state’s banking/commerce dept. and file a complaint. Also, file a complaint with the CFPB, which your state AG will probably recommend you do anyway. Their currently suing and it will probably be a while before the dust settles. Also, file a complaint with the FTC. You know that paragraph on your contract that requires you to allow them to do an ACH debit with an opt out feature within 60 days? Yeah, also illegal. They may call you, even threaten you. Just know that there’s not a damn thing any of their companies can do to you. They can’t have you arrested or thrown in jail, even though they’ve threatened people with that in the past (see FTC complaints and cease and desist orders). They can’t garnish your wages, would have to get a Federal Garnishment Order, what court would grant that? (And Tribal Court Orders aren’t legal outside the reservation or to non members). And because the loans are illegal across the country, what state would give them access to your paycheck? You have nothing to worry about. Pay attention to any class action cases, especially by your state and the federal gov’t and add your name to the list.
Hi Jessica,
Yes I filed a complaint with our states Banking Commission, FTC and Consumer Protection Agency, all of whom are investigating Cashcall, Western Sky, WS LLC (also western sky) and Delbert Services. The Banking commission issued a cease and desist order and the enforcement is posted on the web page. Go to your banking commission, file a complaint with all detail but check and see if they already have a cease and desist order out. If so, protect your credit and send it to the 3 credit bureaus until it is settled. when Cash call calls you, and they will because you stopped payments tell them you are aware of the illegal practices and orders against them. They will call for about 3 days after or send emails however the tend to leave it alone after that.
Are you in Texas?
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?
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?
I also live in New Jersey anyone have any information on this company Delbert service do we have to pay back or with the contract be void because the company Western Sky was not licensed to do business in New Jersey please email me any information .
Thank you
I also took a loan ( for $ 2500 and I paid them $6500 ) with western sky financial and sold the loan to cash call and I filed a complaint to AG of new jersey but they just forwarded my complaint to CFPB and they said are the State is not filing a complaint against cashcall bec. they don’t do what other states are doing .I guess AG office doesn’t want to help their people against this company that scammed us.
Arnel, did you stop making payments to them? I did and now CashCall is blowing up my phone even on Sunday’s. Waiting to receive paperwork in mail from Federal Consumer Finance Protection people to file a complaint.
California’s Department of Business Oversight settled with CashCall earlier this month. Thousands of California residents will receive 125 dollars as a result to the settlement, and CashCall will have to change some of its business practices.
Petra,
You can file a complaint online. In the meantime, close your account and do not pay another dime!
Edit: Remove all caps.
Thanks for participating in the discussion Lin.
I delete all caps posts when I find them. I edited yours above. Please refrain from posting in all capital letters if you want to reach other readers on my site.
Anyone ever hear an update on New Jersey ? I stopped paying them 2 years ago and filed the complaint with the NJ AG and the CFPB, but never ever heard another word !! Come on NJ step up to the plate !
STOP PAYING THEM ASAP!!!!!!!!!!!
Have you heard any news on Delbert services, I have paid my loan back….over paid and I want to see if I could get a refund or if they have a lawsuit for the state of NJ
@DD
NJ is not doing anything to help us as far as I know. I have filed with CFPB and disputed Cash Call’s response to my complaint, CFPB has started an investigation now. and I have not heard from anyone
@Petra
It has been awhile , any news for NJ?
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.
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?
Torrinio,
I went to the Department of Finance in Arizona and was told that Cash Call and Delbert are both able to provide loans in Arizona. They said there was nothing they could do for me other than allow me to file a complaint. Once they have enough complaints they said they can review. I got fed up and paid a settlement because I was not going to pay until 2019. I am going to fight it on my credit report when they report the settlement. I am over the whole situation but I am going to continue to watch as if there is a class action suite I plan on jumping on board. I paid them over $15,000 and they only applied $2.30 to my principal. Scammers.
Can you let me know where I can get info on the claim settlement? This would be very much appreciated.
Any experience with Tennessee? I finally said Enough to these people after paying for almost 3 years. I sent a cease and desist letter, and they responded with a letter saying they are aCheyenne River Sioux Tribal Member owned business, and they don’t have a physical presence in my state, or any other state in the union, so basically the rules don’t apply to them.
Surely not!
Anyone?
KC – I received an email response from a comment subscriber as follows:
“I am not in Tennessee, I am in Nebraska but in my state the attorney for the Department of Banking contacted them directly on my behalf and they backed off. They sent me a letter saying it was paid in full. If you would like any correspondence I used with them I would be happy to send them to you.
Gary”
Gary,
That would be great! I would appreciate it very much.
Gary, could you please send me the letters that you used as well: jazzieblu1116 at gmail dot com
[edited email phonetically]
I would LOVE that info too! Can you send to trueworship99 at yahoo dot com?
can i get the info also?
Can I get that info too… thx
Where could I find out if cash call is licensed to do business in Idaho?
Contact the Idaho state Department of Finance at 208-332-8000.