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 received a call from a Roger Stern from San Antonio TX. he told me his client Cash Call had hired him to file 2 charges against me in court. i called cash call and they had no ideal who he was. they told me they had sold my account to a CCI Acquisitions out of Miami Florida. when this Roger Stern called me back i told him that cash call had no ideal who he was. He then changed his story to “he had purchased the debt”. that he was going to sue me. Have you heard of this lawyer? i can not find any record of him or his business ” nationwide Legal Services in San Antonio TX. i do find it hard to believe anybody from Texas would come to California to file a small claims matter but who knows. my first thought was he was a scam. that is why i called cash call in the first place. Any idea who any of these people are and what i can or should do?
CCI Acquisitions is real enough, and thanks for posting about Cash Call selling accounts to CCI.
As far as the debt collector in San Antonio, Roger Stern, and Nationwide Legal Services, I could not turn up anything reliable.
I would encourage you to file debt collection complaints with the CFPB regarding all that you shared. And because debt collection scams have recently targeted people with legitimate past payday and internet loans, read more about what to do if contacted by a debt collection scammer.
I will be curious how CCI responds to any communication the CFPB sends them when investigating your complaint. If you do file, please post an update about how that all progresses.
I just found the call odd. He had a good amount of information. I insisted he send me a letter telling me what his offer was. He did. My first flag went up when there was no formal looking letterhead. my next flag went up when it came from a g-mail account and not a business e-mail. that was when I called cash call to see what I could get from them. they were actually very friendly about it. much better then when I had lost my job and fell behind. I then started searching the web to see if I could find anything on this guy. no information. I think it was a scam but I kept the e-mail and the file he sent me. The sad part is I’ve paid the principle and then some. I will never make this kind of mistake again.
First, next time he calls get his name and full name of company and address. Ask him to send you documentation of the debt. If he cannot provide documentation of a valid debt it is quite possibly a scam .Once you have his Company Name and Address send him a cease and desist letter saying that you do not want him to call you or your relatives and only want information regarding this matter by mail.
Rarely do creditors actually sue and don’t be intimidated into paying. Most courts will only make you pay back any principle due and/or a reasonable interest rate.
This is a start.
Michael…has anyone mentioned anything about Delbert Services being “out of business”? I noticed when i went to their website yesterday to look at my loan and get a printout, the website will not come up anymore. Also, I have not gotten any emails, letters from them but I am now getting emails from Cash Call again. How can they go back and forth and aren’t they required to provide a letter or something to the customer that the handling of their loan has been changed to a new “servicing” company? Also, have you heard anyone being sued for default on the loan by Cash Call? And if they think that their loans are being done legally, why haven’t they sued people? I am in the process of writing a letter to the Texas Department of banking also.
I would only be guessing at the benefits of doing the Delbert Services/Cash call dance. I do suspect the company switching two step is regulatory and compliance related, at least partially.
I have a couple of pages on the site relating to collections in the court that see hundreds of readers a day. I do not see Cash Call lawsuits to collect being posted.
Why don’t they sue? There is more to that decision than surviving challenges from the consumer bar about the legality of the loans, but I suspect that is a large part of the decision in many states.
Please do post an update with any response from the department of banking in Texas.
I am curious as to if any one has heard anything in regards to Texas and a lawsuit being filed? I recently ready that the AG in Ny won the settlement suit against the company for charging outrageous interest as well as deceptive licensing!
I have several questions and Michael feel free to chime in.
has anyone from Texas had any success?
is it true that Delbert services has gone out of business?
how can they go back and forth between Delbert and Cashcall when it comes to making offers on payoffs etc.?
if all these loans are so “legal” why have the not sued anyone?
thanks
In November of 2012 I took out a $2600 installment loan from Western Sky. The loan was transferred to Delbert Services, then too CashCall Inc. I have paid $8,116.17 of the loan with 27 payments remaining if I cannot come up with the payoff amount of $2, 350. After two years I have only paid $150 toward my loan and the ret toward interest. I have filed a complaint with the Consumer Financial Protection Bureau 1-855-411-2372 and the State of Ohio Attorney Generals Office 1-800-282-0515.
The loan is against Ohio Law because it is from an unlicensed provider, under the sum of $5000 as well as over the state cap for interest at 21%.
I cannot find a single class action lawsuit in Ohio. This loan is absolutely crippling and embarrassing. Any further ideas. I have not missed a payment and I still receive phone calls. I also never sign the ACH giving them permission to draw the money from my account yet they do anyways.
What about the state of Illinois? I took out two loans with Cashcall/Western Sky. The first loan was paid back, The second was for $10,000. I paid them $13,687.00 and then made no further payments. Does anyone know the status of the State of Illinois litigation against this company.
Thanks
I had a loan with Western Sky, transferred to Cash Call, then to Delbert. I paid back the principle amount plus a substantial fee beyond that before I cancelled my bank. I sent a cease and desist and reported them to both the FED and my State (Oklahoma) consumer protection group. I did not hear anything from Delbert for a long time, but recently got an email from Cash Call wanting to settle. All of them were not and are not now legal in my state to make online loans. Has anyone had any contact from CAsh Call after all this time?
Update for those of you in Missouri: https://www.infozine.com/news/stories/op/storiesView/sid/61281/
Your attorney general shut down some payday loan operators, got refunds, cancelled out existing loans, and got trade lines deleted from credit reports.
This is great for Missouri!! WHEN is the AG for the State of NJ EVER going to step up and help those in New Jersey… this has been pending with the state for almost 2 years!
I also have a loan that was from western sky. I live in Pennsylvania. Does anyone who I can contact about this lawsuit? I also feel I should not have to pay this back. I took out a loan for 2500 and pay 295.00 each months and have been paying it since 2012. thanks
hey Bernadette—-Im in Pa too–already received settlement for my delbert–ie cashcall–ie western sky loan I haf taken out—send email to [edit: email removed]–I’ll give you contact I used and address to mail to in harrisburg—–Paul J
You can post those details in a comment if you like Paul. I rarely keep email addresses people post in comments.
Can you tell me if Western Sky Financial or Cash Call is legal in the state of Ohio?
How do I check the status of a lawsuit in the U S district in South Dakota?
Try using pacer.gov in order to locate the case information you are looking for.
I have one of these loans I just cant keep up with payments What are my options,Please help I’m in Ohio.Thank you
There is a lawsuit filed in the US DISTRICT FOR THE CENTRAL DISTRICT OF SOUTH DAKOTA against PAYDAY FINANCIAL, LLC. … WESTERN SKY… CASH CALL… AND MARTIN A. (BUTCH) WEBB, owner. The states listed in the lawsuit are: TEXAS, MINNESOTA, AND VIRGINIA. It was filed on July 11, 2013. I have yet to check the status of the suit. It states that Western sky, etc. cannot charged interest rates higher than the % allowed by each state for installment loans. 18% in tx.
Maria, where did you find this? Has anyone else had any further success in the state of Texas?
I haven’t heard from any attorney’s I’ve contacted regarding this matter and I don’t know if anything will be resolved. Luckily, I haven’t had any harassing phone calls but I definitely don’t want it to affect my credit. I had no idea there was a suit where Texas was listed… Is there a way to find out the status of this suit?
Thanks Michael. Good read and good to know!
I just got an interesting letter from Delbert today. It stated that my account had gone into charge off as of March 31, 2014 with the amount being $3559.69 and now has been sold to a company CCI acquisitions, LLC. Whom I’ve yet to hear from. What makes this interesting is the fact I didn’t hear from Delbert all through April until May 20th, in the amount of $4970.76 and monthly from then on, with the amount going higher each month. The last one being September 16th, for $6089.25 I thought once an account went into charge off, they couldn’t charge anything else to the account?! I just emailed Tom Irons to see if he was interested in any/ all of the emails from Delbert.
Generally speaking, account charge off does not necessarily mean default interest must stop. That can be governed by contract. I am setting aside any legal question with regard to the debts Delbert deals in when I say that.
I simply do not want to leave folks with the impression that charge off legally stops a debt from ballooning. For more about charged off debts see my article: https://consumerrecoverynetwork.com/charge-off-and-credit-card-debt-what-it-means-to-you/.
I live in Texas and Ihave a loan with Cashcall, then it became Western Sky, then Delbert. I have been paying for over 2 years and my loan has never decreased. I have a $10,000 loan with a 89% interest rate. So this summer I started filing complaints with any company who would listen: Texas Attorney General’s Office, the Consumer Finance Protection Board, Texas Department of Banking, the Office of Consumer Credit Commissioner, Better Business Bureau and The Federal Trade Commission. I sent 3 certified letters (one to each of their locations in Vegas, California, and North Dakota). They sent 2 back unopened/unsigned. The 3rd is still out there somewhere, yet to come back to me. But after I did all of that and did a ton of work on my side, they called and wanted to work out a deal. Wow, a little complaining goes a long way. They dropped what I owe down $7300 with a 30% interest rate. Now most of my payment is going to principal and not all going to interest. I will be making double payments and will hopefully have this paid off this spring. I WOULD NEVER RECOMMEND GETTING A LOAN WITH THEM AND I WILL HELP ANYONE WHO HAS ONE GET RID OF THEIRS.
I got this email this morning and wanted to share it. There’s also an attached letter as well. But I can’t cut/paste that.
Dear Consumer:
Please see the attached letter issued by the Indiana Department of Financial Institutions. To our knowledge neither Western Sky, Cash Call nor Delbert was/is licensed to make and/or collect consumer loans in Indiana.
We have filed a lawsuit in this matter and will try to seek relief for consumers such as yourself.
Sincerely,
Tom Irons
Office of the Indiana Attorney General
I replied back to Tom Irons to bring to his attention about the latest emails I had gotten from Delbert and to ask what I should do about them and my current complaint. He replied back asking the names of the collectors and said if I get any more emails/letters over the next few weeks, to forward them to him to keep with my current information. He also said if I needed to file complaints against these new collectors, it could be done later on.
It looks like the AG office is really wanting to get as much info on Delbert as possible! So if anyone is getting any new emails from Delbert here in Indiana, let them know about it.
Okay that’s who i had talked to before and who had sent me the original letter that you posted, also regarding this issue. Thankfully I have not gotten any additional contact from Delbert or 3rd party collector. Did you make sure it was off your credit report?
Nikki,
I haven’t done that yet. Not sure I can get a free report again. I had to use a service for potential job that they said was needed. It was free for 7 days then I would’ve been charged. That’s been months ago. I know I can get a free one yearly. Just don’t know if I can get another one.
I think it’s only showing on the Experian reports now i would say submit a dispute anyway based on the old one that you have and if you don’t get a resolution file a complaint on Experian.
TY Nikki. Will do!
I just got this email from Delbert’s complaint Department. Interesting that the other email I got, it says my acct was being handled with CCI Acquisitions and the following email says it’s with a different one. Who do you believe in this twisted game!?
November 12, 2014
VIA U.S. MAIL
TK
15835 Foothill Farms Loop Apt 2113 (old address)
Pflugerville, TX 78660
RE : Loan #27725704
Dear TK,
We are in receipt of your inquiry of November 12, 2014 regarding the above-referenced loan. We
have investigated your concerns and have confirmed that all credit information for this debt has been
reported accurately. In summary, the debt is valid. Enclosed herein is a detailed payment history
for your records.
Please be advised that Cuzco Capital Investment Management, Llc now owns the debt referred
to in your correspondence and your request has been forwarded to it. Please direct all future
correspondence to Cuzco Capital Investment Management, Llc:
Cuzco Capital Investment Management, Llc
111 Great Neck Rd
Suite 306
Great Neck, NY 11021
516-717-4499
If you have any questions, please feel free to contact us at 888-983-3523.
Sincerely,
Complaint Resolution Department
Cc : Cuzco Capital Investment Management, Llc
111 Great Neck Rd
Suite 306
Great Neck, NY 11021
516-717-4499
NOTICE: RESIDENTS OF CALIFORNIA, COLORADO, MINNESOTA,
MAINE, NEVADA, NORTH CAROLINA, TENNESSEE, AND UTAH,
PLEASE SEE THE FOLLOWING PAGE FOR IMPORTANT INFORMATION.
This communication is an attempt to collect a debt and any information obtained will be used for that purpose.
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may
be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
If anyone has dealt with this company, please let me know. I googled them and the BBB gave them an F rating. Michael, If you can find anything else on them, let me know as well.
Tammy I had gotten a similar notice from another co, but i ignored it i think it’s just their attempt to get payment at this point.
finally read the complaint very interesting findings
I have a loan with Western Sky/ Cashall and was unable to find any info on the lawsuit filed in Indiana.
Hi Kelly B,
Trust me, the court filing is there. Got to the AG website, Click on Indianaconsumer.com and then a list will come up. Look for consumer lawsuits. Then click on ‘search by defendants by first name or number’. Search by year, which is 2013. Scroll down til you see Cash Call. There you will see it all.
I hope this helps.
Hi Tammy thank you so much I found the case, didn’t know the AG office had took action like this, when I spoke with the rep at the office he didn’t bring this up! Hopefully something happens soon!!!!
You are so welcome Nikki! I was actually surprised I found it. I hope by posting about it, that it helps give others an idea what to look for from their own state AG office. Western Sky/Delbert Services needs put in their place big time. So let’s all band together on this and keep helping each other out!!!!
Hi Nikki,
All I know is I was able to find the court filing from the AG’s website. It was filed July 23, 2014; cause # 49D011407JL024699. It is very interesting to look at. It did take a little looking to find it. Look under Consumer lawsuits. Then by Defendant name, which you can then go by name or year. When I couldn’t find it under 2014, I went to 2013 and found it under Cash Call’s name. That’s when I filed my complaints with the AG & CFPB. Also, filed a complaint with Delbert. Which I now learned my acct. is with some other company. Very frustrating!!! So I’m trying to decide if I should call the AG office to let them know this latest development or not.
Any suggestions appreciated!
HI Tammy,
when i spoke with the rep at the AG office a couple of weeks ago to get an update ( i filed my complaint in Feb) since i hadn’t heard anything. He did say that they were hoping that the settlement would possible prevent CashCall/Delbert etc from selling the debt to another collector. I havent talked to him since. If you talk to someone will you please post and let us know if you find any additional information regarding their case against Cash Call.
Hey tammy what additional info do you have regarding indiana and delbert?
Sorry to post so much. Need to also ask should I let the AG & CFPB know about this new ‘change of hands’ from Delbert to this CCI?!
I tried to dig up details about CCI Acquisitions LLC, but my targeted search results were limited to generic information about the company formation in Florida:
If it were me in your shoes, I would update any active complaint I had going with your AG and the CFPB.
Very interesting. Thanks Michael. I will follow up as you suggested!
Yesterday, I spent a good amount of time filing complaints with the Attorney General’s office & CFPB on Western Sky/Delbert Services. I probably didn’t do a good job relaying my issue but did as best I could. Anyway, I then went to Delbert Services website to tell them to stop calling and emailing me. This is the response I got….
Hello Ms. K,
Thank you for your correspondence. Please be advised your account is no longer
with Delbert Services and is being handled by CCI Acquisitions, LLC. For any
further questions regarding this account, please contact CCI Acquisitions, LLC
at (305) 851-6066.
Sincerely,
Richard Mason
Customer Concerns Department
714-722-6931
Who in the hell is CCI Acquisitions LLC?! I can not find any information on them. I sent Delbert another email stating I want a copy of the transaction being done, as I wasn’t informed at all. I also asked for the address of this CCI as I figured they would already know.
Michael, can you see if you can find out anything on this Company that Delbert mentions? Any info would be appreciated.
I should state the last time Delbert has emailed me was in September to offer me a ‘special’ deal.
Is there anything at all for People that live in Tennessee? Delberts on my credit report now and my score dropped like a bomb.
I called Delbert Services and advised them that I will no longer be making payments on this loan about a week ago. I told them that I have paid back well over the original $5k loan and that I will be disputing the legality of this loan. The loan was originally with Western Sky, but was immediately transferred to Delbert Services. Of course they threatened me with the “we report to the credit bureaus” if I don’t pay anymore.
Today I received an email saying that servicing of my loan has now been transferred to CashCall, Inc. out of California. I wonder what that is about?
Hi Jeremy,
CashCall is still part of Delbert basically. I would go to your Attorney General’s website and check to see if they’ve filed court papers on Delbert. Then like others on here have done, file a complaint with the AG office as well as CFPB. I’m in Indiana and I was able to find the court papers. Not sure if this helps. I just read thru other posts to help me out.
Minnesota also filed suit against CashCall/WS Fudning/Western Sky etc., and was added to the CFPB complaint. So far I have verbally told CashCall I would not be making another payment, revoked the ACH authorization, filed a complaint with the MN AG’s office, and sent a hard copy of my complaint, ACH revocation, cease & desist letter, and copies of the MN & CFPB complaints to CashCall via certified mail. I’ve received 2 collection calls from CashCall so far this week, but I just mailed them on Monday so I’ll wait and see what happens.
I too have the same situation as the above comments. Can anyone give me information regarding the laws in the state of Oklahoma.
My husband also took out a loan with Western Sky and has paid off more than he borrowed but they are threatening to charge it off. We live in OH. The original amount of the loan was 10K. Delbert Services are the ones who have been collecting on this for around a year now. Please help us to know our rights.
I too have a loan that originated with Western Sky and then was immediately transferred to Delbert Services. I’m in Minnesota. The loan was for $5k and I’ve already paid over $5k back at $486 a month. I called Delbert yesterday to find out what the balance was and almost lost it when they told me it was still $5500!! I told them I won’t be making anymore payments and will be filing complaints. Any idea of the legality of this loan in Minnesota?
I took out a $2600 loan from Western sky in January 2012. I have paid over $7000 and I have just learned that those types of loans might be null and void in New Hampshire where I live. any advice is appreciated.
Benny
I took out the same amount in Nebraska. If you send me an email I will give you details of what I did. They sent me a letter saying the loan is paid in full. I had paid around $4900. You can reach me at garymbenson dot gb at gmail dot com
Gary
I have been reading the latest comments on here and trying to process all the information. I too took out a loan with Western Sky, now Delbert Services. I made just one payment, as I moved and didn’t have a job yet. Most of my contact with Delbert has been emails and of course, the harassing calls. I know a suit was filed and my state, IN, is listed. I know to file a complaint with the AG or the State Banking Dept. Do I do that online or will I have to talk with someone to do it?! How do I find their info? Also, will it be the same with CFPB?! Can someone please help me with the process of what to do and a cease and desist letter too. I’d like to know the step-by-step process of what I need to do. I’ve never had to deal with something like this and I want to make sure I get it all right.
Hi Tammy, you can file you claim online with the AG office in indiana http://www.indianaConsumer.com and with CFPB online as well http://www.consurmerfinance.com. You can send an email to Delbert requesting that they nolonger contact you or attempt to deduct payments from your account. Hope this helps!
TY Nikki! What about the cease and desist letter?! I actually forgot who that goes to and how should it be written? Also, I forgot to ask about Experian. Do I file a complaint online first or what. All this is so new to me, it’s crazy! I will email Delbert too. After I made my one payment, I closed that bank account. The only contact I have with Delbert now is email and calls.
Hello Everyone from IN,
spoke to a rep in the AG office today and was advised that they are still working on claims and continue to be patient.
I got a crazy call earlier, which made me remember to place my numbers on the no call list, which in turn, got me thinking about Delbert. I was actually able to find the paperwork the AG has filed on Delbert. So it’s bookmarked now. I just need to get my claims in now. Just really wanted anyone in Marion County to know about the paperwork in case you wanted for your records that’s it’s been filed.
I got another call from someone saying a claim has been filed against me, etc. I called the number and I spoke with a person very briefly. I got her to tell me the name of the company…Alliance Capitol Mgmt. Anyone else deal with them?!
they’re probably going bankruptcy and trying different tactics to get payment i would ignore them didn’t they just say a day ago that a different co had your loan. I would ignore them and tell them to stop calling and if they continue get as much info you can to give to the AG office.
I just let Tom from the AG office know about the calls and gave him what info I had. I really don’t know if it’s Delbert but I’m pretty sure it is. The lady sure didn’t want me to know the name. I have the number blocked on my mom’s home phone now and my old job also told them not to call there anymore. I unblocked the number from my phone as I want to keep track of how many times they call.
Can payments to Western Sky/Cash Call be put back into your banking account from your financial institution? A poster commeted they were able to get money back from their financial institution. Is this possible? What is the process?
Your bank is likely the best resource to tell you how that works with your account.
Anyone doing business with Western Sky aka CashCall needs to check with your Attorney General Office. In my state, collectively we all sued CASHCALL and got most of our money back. They are not located on a reservation that is why they have the BAIT and SWITCH set up. CashCall is only legal in a few states as a result of all attorney general offices suing them and pushing them out. Also, do a cease and desist letter and copy your back to not allow any payment out of your accounts. If your bank doe snot abide, they too can be sued. This requires a little work and effort, first check the rate of interest loans online in your state, then contact your Attorney General’s Office for your state – the BBB has them down as SCAMMERS.
Have you ever thought about adding a little bit more than just your articles?
I mean, what you say is valuable and everything. However
think of if you added some great graphics or videos to give your
posts more, “pop”! Your content is excellent but with pics and video clips, this blog could certainly be one of the
most beneficial in its niche. Very good blog!
Thanks. I do have videos on some pages, but could admittedly do much more with that.
I have not looked into adding images to article pages much. I do intend to update the site before the end of the year, and will be looking at more of a media rich presentation. Stay tuned.
Hello everyone, wanted you all to know I was able to get western sky, delbert off my credit report with experian (only credit reporting agency that still listed them). First I filed a complaint with them directly ( experian) nothing really came from it, I later contacted the cfpb and indicated that the compliant had not been resolved and these loans are considered illegal in my state. Received new report yesterday indicating delbert, western sky, cashcall have been deleted.
Nikki
That is encouraging news ! I have filed a dispute with experian twice with no luck. I filed a complaint with CFPB this past Monday against Experian. I have yet to here back from them regarding the charge off they have posted on my credit report ! How long did it take you to get a response from CFPB ?
It took about a week to get a reply but oddly enough I received my reply from experian directly advising of the deletion, haven’t received a reply from cfpb yet.
Got a response from CFPB today that Experian has agreed to remove the Delbert charge off from my credit report and they will be sending me a clean copy of my credit report within 10 days !! Finally !! NOW if NJ and CFPB could just get on with a settlement with these predators !!
Nicely Done Double and Nikki!
If either of you would not mind sharing your start to finish complaint process using the CFPB web portal, and your impression of how this worked for you, I know other readers will benefit from your perspectives.
Hi Michael,
First i contacted Experian online and disputed the charge off from Western Sky/Consumer Loan trust etc that this loan was illegal and should not be reported. That really did not result in anything actually. After 30+ days i contacted CFPB and initated a complaint against Experian stating that i had not received a resolution and they were reporting incorrect information on my credit report. (If you have your complaint number that would be helpful but not necessary) After a week or so my complain was resolved and the loan was deleted from my file.
Thanks for sharing those details.
It would appear, from some of these recent posts, that real results with getting these loans off of credit reports share a common denominator of the CFPB complaint process.
Michael – you are doing great service through this site.
I am in Texas and have a CashCall loan. To anyone who had success with removal from Experian, can you please clarify exactly what language you used when
1- You Contacted Experian through their online disput processs
and then subsequently
2-When you contacted the CFPB , where on the web site etc.?
Also, is doing the dispute first with Experian and waiting the 30 days necessary in the eyes of the CFPB?
Again , thanks to all for sharing and giving hope to people you may never meet in “real” life.
Along with everyone else, I took out a loan with western sky in July of 2013, for $1500, 500 of that was taken immediately for fees. Within a day or 2 the loan was sent to Delbert Services. As of July of this year I had paid back at least $800 of the principle. I stopped ACH payments to them when i found out that WesternSky had been shut down and that the loan was more than likely illegal in my state of Indiana. Once I stopped payments, I received a few phone calls from Delbert, then those stopped. Recently it seems that Western Sky/Delbert sold the account to a collection agency called Admin Recovery LLC, claiming I still owe over $1400. Admin Recovery did call my parents, work, home, and cell. I told them that per the state of Indiana the original loan with Western Sky is null and void in the state of Indiana due to it being an illegal loan, the gentleman John laughed at me when i said that. I explained that I have paid back a good portion of the principle amount. I also told them that they are not allowed to contact me or any friend, family member via phone. That if they violate any of the Fair Debt practices that I would be reporting them. John laughed again and said report away.
What is my next step? Do I report Western Sky/Delbert to the Indiana Attorney General, State Banking Department, etc? Also can Admin Recovery legally collect on this? My thought after reading thru all the comments is “no” since the loan is not legal.
I also see that:
“The CFPB’s complaint alleges that defendants CashCall, WS Funding, Delbert, and Reddam have violated the Consumer Financial Protection Act’s prohibitions on unfair, deceptive, and abusive acts and practices. The Bureau’s investigation showed that the high-cost loans violated either licensing requirements or interest-rate caps – or both – in at least eight states: Arizona, Arkansas, Colorado, Indiana, Massachusetts, New Hampshire, New York, and North Carolina. Under statutes in at least these eight states, any obligation to pay such loans was rendered void or otherwise nullified in whole or in part by law. Therefore, the defendants are collecting money that consumers do not owe.”
Indiana is a part of the above statement. Do I send a cease and desist or validation letter to the debt collector with that information?
Hi Joy I contacted the attorney general office in indiana and filed a complaint with the cfpb indicating the case against western sky etc. You could send them a cease and desist letter. If they are contacting you visa email you can send them a letter via email as well. I think there a few examples on this thread. Also if its on your credit report report that as well. With the agency and cfpb.
Anyone have any experience with usurious CashCall/WS/Delbert loans in Illinois? As with many other commenters, I (unfortunately) took out a Western Sky installment loan for $2600. At this point, I have paid $4900 towards the loan and the principal balance is now a whooping $2700 – $100 more than I borrowed! I submitted a complaint via the Consumer Financial Protection Bureau and received the company response from Delbert stating that I need to contact Western Sky since they were the loan originator but was also told in that same letter that I had been informed of the interest rate and amortization schedule and never stated that I was confused or did not understand the terms. I am going to send a complaint to the Illinois State Attorney General’s Office as well and call the Illinois State Department of Banking. I do see that the CFPB has amended the lawsuit to include Illinois (along with several other states) due to CashCall/Western Sky not having a license to lend in those states (copy of the amended complaint: https://files.consumerfinance.gov/f/201403_cfpb_amended-complaint_cashcall.pdf). For those individuals who did stop payment on the ACH withdrawals- how badly did it hit your credit? As of now, I have paid the principal balance of the loan and much, much more, but I worry about cancelling the payments and trashing my credit (which I have worked very hard to improve). Any information would be greatly appreciated!
I took out one of these loans a while back myself for 10k. Like everyone else, I paid the payments until I found this website. So far, I have paid back $10,600 and then back in March I cancelled the EFT’s. Of Course, I get the call everyday, but I really don’t care that much. I took the loan out when I lived in Florida, I can’t see that there is anything going on there now though, only the PDF of the supposed filing. I have researched the laws governing this in FL and it appears to me that it would be impossible for them to get a judgement. I live in New Jersey now, since the end of December 2013. I am curious if my change of residence changes anything with Delbert/Cashcall/Western Sky as far as collections go.
I live in Nebraska. I had a $2600 loan with Delbert Services that I paid $294.46/month for just over a year. After reading this site, I contacted the State of NE Dept. of Banking and Finance. I spoke to a nice gentleman who has dealt with Delbert before. I sent him a copy of my contract. He called me back to say that it was an illegal contract with 135% interest. He wrote a letter to Delbert Services lawyer, telling them to stop all collections and refund my money. Within 2wks, Delbert reported my account paid in full. No credit hassle, no calls or letters to Delbert by me…. I encourage people going through this in NE to contact the Dept of Banking and Finance located in Lincoln, NE.
so lets go over the whole thing!
when i talked to the investigator, this is what i was told : if the state your in when you made the loan, has laws about interest rates or payday lenders or they were not license by your state the whole contract is void! because a contact can not be made that breaks the laws!
of course Delbert services or cash call: re western sky is not going to tell you this ever!
now getting it off your credit report took me so time they go to Delbert services and ask them if it a valet debt: well of course they lied! so what i ended up doing was sending the Experian a letter with my case # told them if they didn’t remove this illegal item off my credit that i have been nice trying to get removed, the whole thing would get real ugly fast because i was going to sue them for defame my credit! is was off my credit in 2 days after they got my letter!
i dont care if Delbert or cash call re western sky thinks i owe them as long as it not on my report!
Is there anyone in Michigan and what did you do?
I am in Michigan. I had a loan. I had paid the principal by the time I learned of the Western Sky/Cash Call/Delbert hustle. I stopped paying and sent Delbert a cease and desist letter. They hit my Experian credit report. I disputed the information. No Change. I disputed again with additional information. No Change. I contacted the CFPB and place a complaint against Experian. The entry was deleted.
Can someone please help me with the process of what to do and a cease and desist letter. I am from Indiana and can no find anyone here to help me. I have contacted the AG office and they said that they are not the person to call. I had taken a loan from Western Sky for 2500.00. Thanks
Betty
Please email me at garymbenson (dot) gb (at) gmail.com and I would love to give you a cease ad desist letter that I used. Have you tried to contact your state department of banking? I contacted the Attorney General in Nebraska first but it was the Department of Banking and Finance who ultimately was able to help me. I would think there is a similar department in Indiana. Gary
Can someone please help me with the process of what to do and a cease and desist letter. I have from Rhode Island and can no find anyone here to help me. I have contacted the AG office and they said that they are not the person to call. I had taken a loan from Western Sky for 2500.00 I had been paying 294.46 every month. I have paid that amount back and a few months interest. When I started reading these postings I stopped my payments. When I had contacted them before stopping I owed more than I had borrowed from them. Does anyone have any information who I should contact in Rhode Island to help with this matter. I have been getting calls and letters from Delbert Services which state” lower payments to bring my account current” and different payments options to pay the balance off. I feel that I have paid the balance off. I see that NJ and Nebraska have been taken care and would like to know what I needed to do. Thanks for your help.
I had taken out a western sky loan for 2,500. Paid it back in about 5 months, so the interest was about $1,200 total. I received a letter from NYS about the lawsuit, and today got a refund check for $1,120. So happy the Attorney General here went after them.
I just wanted to let everyone know that I received a call from the Nebraska State Department of Banking and my debt with Western Sky/Cash Call/Delbert Services has been written off and stamped paid in full. The contact at the Department of Banking told me to have anyone else in Nebraska who is in the same position to contact his office. If you want that contact information please feel free to email me.
Yes, Gary I would love the information. I am struggling with them here in Nebraska as well. I posted my situation a couple of days ago on here. I would love the contact info. as soon as possible. Thank you so much!
Abbie
Please email me at garymbenson (dot) gb (at) gmail.com and I would love to give you their contact info and more details about how I started the process. Don’t be discouraged because you can stop paying them immediately.
Gary
Abbie
I tried to give you my email address but am not sure it will go through. Here is the contact information just in case. Please feel free to email me. I would be happy to provide you with my cease and desist letter that I sent Delbert and any correspondence I have had with the attorney general or the department of banking.
The person you need to contact is:
Michael McDannel
Legal Counsel/Financial Institutions
Nebraska Department of Banking and Finance
1526 K Street, Suite 300
Lincoln, NE 68508
Please let me know if I can do anything to help you
Gary
I just sent you an email. Hopefully, it worked!
Well today I got a letter from Delbert saying now my loan is in there collections and has been given to a account worker .I live in Tennessee caint anything be done to them where I live ? I checked my credit report they haven’t gone anything yet to it but I’m worried they wil trash my credit and maybe try and garnish me .The interest rate for Tn is capped off at 24% the interest rate for the western sky loan was 124% .Can anybody help me?
I borrowed $9,925.00 from Western Sky, now Delbert Services in Nebraska. I have paid over $13,500.00 when someone told me they are not licensed in Nebraska. I have revoked my ACH through my bank and filed a complaint with the CPBF and I sent them a certified letter. In that letter I advised them to close my loan and refund my almost $4,000 dollar overpayment. I just received a letter back saying that their loan is valid and that I agreed to it all. I feel so desperate. Does anyone know anything about Nebraska and what they can or can’t do? Or who I should contact?
Just got 3k today from the New York settlement.
Evening, I’m from Dallas , Texas and I took a loan last year for $2800. I was paying $294 a month. I paid $3528 plus $500 in origination fee for a total of $4028. I was frustrated because after a year of paying $294 I still owed $2743. I went ahead and paid it all off after taking a loan from a family member. Is there something I can to do to help out and possibly get some of the interest returned to me that I paid?
i final got delbert services off my credit report! cash call is still there{but its not a bad item}{western sky is on as a enquirer}!
I WROTE Experian
a letter this one included my law sue with new jersey against Delbert services, cash call ,and western sky! in the letter i included the court docket # 14-014322
now i had in the past disputed this like 12 times!
but in this letter i include that new jersey was filing criminal charges in them, also if they didn’t remove this criminal item off my credit report i would be force to hire a lawyer and sue them! for repeatedly leaving criminal false items on my report!
with in a couple of days it was removed off my report
John Oliver did a great segment about Payday loans on his show recently.
Hi, I live in Tennessee.can Delbert, Plain Green,Great Plains and mobiloans sue me?I have loans with all them,I contacted Delbert about lowering my payment I got the 1500 loan from western sky,they said no so I closed my bank account now waiting to see what happens.I found out the usury limit for Tennessee is cap at 24% my loan with Delbert is 124% and the plain green plains and mobiloans are even more.Can any of them sue me and garnish my pay check,what can they do?
CHRIS , THERE whole contract with you is void because from the start because it’s not legal to loan money at more than you said 24%. file a compliant with your state bank dept
most likely they are not legal to be doing business in tenn !
they will say that it was legal , but it is not!
it has taken a lot for me to get it off my credit report, i filed charges against them start to go after the credit company for keeping a false report on my file! before i got off but it is off, the new jersey AG SAID I MAY GET BACK EVERY DOLLAR I PAID THEM!
I just received a letter from Delbert telling me I still owe them over $3,000. The state of Indiana is a of the CFPB lawsuit. I already paid m the amount I borrowed plus interest. I am not giving them any more until the out come off the lawsuit. I have already file a complaint with CFPB and Indiana, both responses came back from Cash Call stating that r debt us valid, blah blah blah.
I also received a letter stating that Consumer Loan Trust is the new creditor of my account with Western Sky; but Delbert is still handling the account.
Are people responding to these letters to dispute the debt or just ignoring them as just another tactic by these companies to try to get money out of people?
I live in NJ and am just hoping NJ comes to a settlement similar to Maryland as opposed the PA settlement.
Also, I got a response back from the CFPB that they received back from Delbert Services. I still do not understand why Delbert Services is answering on behalf of stuff that is being sent to Western Sky. But basically when questioned about the fact that the drafts kept going back and forth between Delbert and Cash Call there excuse was that there was a glitch with the vendor that was doing the ach drafts. They did not address the legality of neither Western Sky or Cash Call not being licensed in the state of Texas. They also did not address the 2 different “notice/transfer of sale” letters that they sent to me with totally different dates as to why there was to different letters for the same company. And the best part: The complaint was filed against Western Sky YET Delbert Services responded to the complaint from the CFPB and then in their first paragraph in response stated that the CFPB needed to contact Western Sky!!!! How crazy is that. Needless to say I will be doing a dispute
Another question maybe you could answer Michael: If western sky sells the loan to a non tribal company, does that nullify the supposed legal jargon and the tribal immunity they are so called claiming?
I could not say. If you first establish tribal immunity is valid, I suppose the contract language would have contained all of the usual jargon all of our credit cards and other loans contain, the right to assign, sell, place, etc.
Michael maybe you could give some insight: I think the biggest win for everyone is what your states’ Dept of Banking or whatever office is in charge of licensing these types of lenders. What I am finding in several states is that it specifically says in their wording on these tribal lenders is that in order for the Tribal lender to be exempt under federal laws of not having to be licensed etc., they have to be a wholly owned tribal lender. In other words, they have to be owned by the tribe. If they are not owned by the tribe, then they are not exempt from the federal laws. And truly this makes sense because if that wasn’t the case, anyone who had an ounce of any type of indian blood in their system would be setting up businesses left and right with a “reservation” address and claiming tribal immunity. As far as I can tell so far from what I have seen in all the legal documents, Western Sky is not a wholly owned tribal lender. As a matter of fact, I believe there was an article that included and interview with the tribal elders of this reservation that Mr. Webb claims to be affiliated with and they have even said that they have nothing to do with this business he is running and that he is even violating their tribal usury laws. Several state’s websites have a complaint form you can fill out if the lender is claiming to be a “wholly owned tribal lender” and they are not. I know Kansas is one of them. I am trying to find out for other states. I am hoping this is helpful in overruling their supposed belief that Western Sky falls under the lender laws.
I have read over similar findings. The tribal dog won’t hunt. How any of that will impact the final consent or settlement of each state case, or the federal action, I can only guess at.
Mike: I read this in an e-mail today, can you explain what all this means? Thank you.
“Federal district court grants CFPB petition to enforce CIDs issued to tribal lenders
Posted: 28 Jul 2014 10:44 AM PDT
Jeremy T. Rosenblum
A California federal court recently issued an order granting the CFPB’s petition to enforce its civil investigative demands (CIDs) issued to three tribally-affiliated payday lenders. However, the court also granted the lenders’ request for a stay pending their appeal to the Ninth Circuit. Although the CFPB did not oppose the stay, the court nevertheless found that if its decision was wrong, the lenders were likely to suffer irreparable harm because of the disclosure of sensitive proprietary documents to the CFPB whereas the CFPB would not be injured by a temporary delay.
The court rejected the lenders’ argument that, as arms of sovereign tribes, they were “sovereigns” and therefore were not “persons” to whom the CFPB can issue CIDs under the Consumer Financial Protection Act (CFPA). According to the court, controlling Ninth Circuit precedent established the rule that laws of general applicability such as the CFPA are presumed to apply with equal force to Indian tribes. Such precedent also recognized three exceptions to the rule where (1) applying the law would interfere with a tribe’s right of self-governance on purely internal matters, (2) applying the law would abrogate treaty rights, or (3) there is proof that Congress intended to exempt tribes. The court found that the lenders could not show that any of the exceptions applied.
The court also rejected the lenders’ argument that the CIDs were barred by tribal sovereign immunity because, in its view, settled Ninth Circuit law provided that sovereign immunity did not bar a suit by a federal agency even when Congress has not specifically abrogated tribal immunity. The lenders’ were also unsuccessful in their attempt to have the CIDs invalidated on the grounds that they did not provide adequate notice of the purpose and scope of the CFPB’s investigation, demanded evidence beyond the scope of any possible violation, and were overbroad or unduly burdensome.”
It basically means hurry up and wait still. That said, it is an important part of progress for the case to proceed. Once the CFPB demand challenges that are being appealed are shown to be valid, the lender can be forced to comply. The result of that could be everything the CFPB asks for is turned over. The case could develop more rapidly from there.
I have received a response from Delbert to the AG in Nebraska basically saying the loan is legal. I have paid $4,779 on a $2525 loan and they now say I have reduced the principal $3.50 and still owe $2521.50. I have closed my account and responded to the AG with a detailed letter on their response. Hopefully this will lead to the AGs Office taking action against them.
I am pasting a copy of an earlier posting that gives me hope.
Julie says:
Is there any way to find a list of the states who have filed suit against them?
Per and earlier comment and just recently my own personal experience, if you contact Experian and let them know that your attorney general and the CFPB is currently suing Delbert/WS because they have committed fraud and are operating illegally in your state, then they will remove the loan from your credit report. I did make sure to tell them I have paid back the amount the AG says I needed to have paid.
Perhaps they are aware of the situation and removed the item from one day to the next without asking for specifics. As far as I care, if it is not reporting on my credit report it makes no difference to me. According to the AG of the state I reside in they would not have a standing in court if they tried to sue me for the illegal interest.
Thank you for the information. Delbert has now listed on my credit report as a charge off !
I am curious did you file an online dispute or did you call Experian directly ?
and what state do you live in ??? I am in NJ ! Still waiting on our AG to do something !!
DD, I called them directly to file a dispute because I figured it was better than writing an online one and not being able to properly explain to the reviewer why I called and the whole situation in general. He seemed to completely understand and said they would have it removed as soon as the next business day. (It seems reporting agencies are a little worried of more of these coming along, especially why it’s widely known several AGs, and the CFPB, oppose the business: https://blogs.findlaw.com/decided/2013/07/woman-sues-equifax-wins-186m-for-credit-report-errors.html ). I can imagine a class action against the reporting agencies would go into the billions based on the numbers affected.
I am in north carolina, where they have essentially banned payday loans (most had to close up shop, only pawn shops are left).
It seems payday lending is not prohibited or explicitely permitted in NJ, but if someone does a ‘payday’ loan it must comply with the maximum allowed interest rate, 16% ( https://www.ncsl.org/research/financial-services-and-commerce/payday-lending-state-statutes.aspx ).
I found this for NJ, not sure if current, but I believe it is the same maximum rate as NY has and therefore NJ should be able to argue the same case as them. ( https://loansandlending.uslegal.com/interest/new-jersey-interest-rate-laws/ )
I would call experian an argue that NJ has the same interest rate laws as NY and they just got a settlement so you expect the same to happen in your state. Also, maybe you are covered in a lawsuit in that the CFPB is also suing them. Make sure you file a complaint with both your AG and CFPB. I’m guessing your AG is just lazy and waiting to ride on the coattails of other states, unless he feels WS has a legitimate presence in your state.
Regardless, WS is not a tribal entity, but rather wholly owned by a tribal member. Same as my saying I’m a resident of another state and therefore not subject to NJ laws. I don’t believe tribal sovereignty extends to members of the tribe as a carte blanche to do whatever they want across the US. If going the Experian route did not solve my problem I would have taken them to JAMS and presented the argument I have here as well as the same ones that have been filed by several AGs. Good luck!
Dilbert Services I followed your lead and called experian. They removed nothing just continued to update Charge off. Any advise as to HOW to get this removed ??
Thank DD
dd 7/23/14 i talk to the new jersey investigator he said the new jersey Ag is going to file on monday Docket No. 14-014322 – Western Sky Financial / Cash Call / Delbert Services
his information is Troy Dayton
Investigator 1
Enforcement Bureau
P: 609-984-2777, Ext. 50230
F: 609-292-5461
Address – Regular Delivery:
NJ Department of Banking & Insurance
Division of Banking – Enforcement Bureau
P.O. Box 040
Trenton, NJ 08625-0040
Attn: Troy Dayton
Overnight Address:
NJ Department of Banking & Insurance
Division of Banking – Enforcement Bureau
20 West State St., 5th Floor
Trenton, NJ 08628
Attn: Troy Dayton
or the AG OFFICE Attorney General’s Office. If you would like to follow up with them to make sure that what you sent was sufficient for its purposes, the number is 609-292-4925.
Curtis I saw your post from the other day and I reached out to Mr Dayton who I had been in contact with since last Oct. this is the reply he sent me 🙁
I hope this gets settled soon ! …….
Yes, your information was provided to the AG’s Office to be added to its Complaint. Unfortunately, I have no status as to when/if this Complaint will be filed in court. You can try and obtain a status from the AG’s Office at 609-292-4925.
Thank you.
Sincerely,
Troy Dayton
Investigator 1
Enforcement Bureau
P: 609-984-2777, Ext. 50230
I am having the same issues with Delbert Services. I have paid $4,854 on a $2,525 loan which they now tell me has a balance of $2,510 after 17 payments. I have contacted the Attorney General in Nebraska and the CFPB. I have also closed the account they are drafting payments from and opened a new account at the advice of my bank. Should I email Delbert and tell them to cease taking payments from my account? I think I have paid enough. Worst case I guess I pay the $2,510 to get out from under it but I don’t think that is reasonable.
Here is the link for everyone here who lives in NYS and had or has a loan with Western Sky
http://www.westernskysettlement.com
What if i already paid them off and later find out that they were never authorized in my State? What do i do?
Has your state instigated an action? If you are not sure, contact your state AG’s office and inquire. Post what you learn and lets go from there.
I have a few questions for Michael and anyone else that has some input. Michael, I noticed in the initial question from the person in regards to his friend Dave in Florida, you made the comment about “if you check the State of Florida records, you would find Western Sky is not licensed in the State of Florida. Can you tell me or anyone tell me where they have gotten a definite “YES” from a lawyer etc., that Western Sky HAS TO BE licensed in the state that they are doing the loans in even being a “Tribal Lender”? I am only asking this because so far, alot of the lawyers I have asked have no familiarity with this type of a situation and the rules around a business being on Tribal Land etc. Also, does the originator of the loan which was CashCall, have to be licensed? I am finding in Texas that neither of them are registered. Most of what I am seeing is the fact that States are winning because they do not allow by law “payday” loans. But has there been any that have even ruled in favor of those who had an installment loan with Western Sky? Ok now for my next question to you Michael: If Delbert Services is strictly a “collection agent” for Western Sky/Cash Call and all they are hired to do is to ACH payments out of my account and apply to my loan etc., do they legally have the right to be responding to formal requests from Western Sky? For example, I sent them a Cease/Desist letter to Delbert Services which states among other things that I would only deal with the original creditor. Well, Delbert Services is answering all legal questions and requests. I have not received anything or heard from Western Sky or WS Funding LLC which is who they sold it too. So how can they do that? I appreciate any input from anyone!!! I have sent a complaint to the CFPB and am waiting to see what they say. Also, anyone else from Texas have anymore info in regards to this please let me know. Thanks!!!
Linda – I cannot offer you any definitive feedback on the tribal lender angle not requiring state registration. The ins and outs of companies operating off reservation, but governed by tribal laws, would be a highly niche area of legal practice. Treaty law probably does not translate into commercial and consumer laws all that well.
Western Sky pretty much ceased existing at this point. How Delbert gets to respond to you and others, or collect payments from people, is not something I can answer specifically. But generally, there would be some type of legal transfer, or master servicing agreement, from one company to the other.
IMMEDIATELY file complaints with the Attorney General’s Office and with Consumer Finance Protection Bureau. Send Delbert Services an email telling them to stop drafting from your bank account. If you have paid back as much as you borrowed, you don’t owe anything else. When all the lawsuits are settled, you will probably get money back.
got a call this morning from the investigator in the new jersey AG office friday the 7/25/14
everyone must have your paper work in they need a copy of the loan details before friday
to Troy Dayton
Investigator 1
Enforcement Bureau
P: 609-984-2777, Ext. 50230
F: 609-292-5461
Address – Regular Delivery:
NJ Department of Banking & Insurance
Division of Banking – Enforcement Bureau
P.O. Box 040
Trenton, NJ 08625-0040
Attn: Troy Dayton
case #Docket No. 14-014322 – Western Sky Financial / Cash Call / Delbert Services
better get you paper work in guys he said no only will they have to fix you credit report, but all the money paid to they has to be returned right now there are only 90 people on the file!
Busy day for Cash Call and Delbert Services updates. Thanks Curtis.
I am pleased to say that this morning the Banking and Securities Commission approved the Consent Agreement and Order negotiated by the Bureau of Compliance and Licensing with CashCall and its affiliates – collectively “CashCall.” The basic terms of the agreement are as follows:
1) CashCall will remove all credit reports for all Pennsylvania consumers, both positive and negative reports, and will not report to credit bureaus going forward;
2) CashCall will cease and desist from making new loans without a license or advertising new loans on behalf of themselves or others;
3) CashCall will reset all Western Sky related loans to 6% interest on the outstanding balance.
4) CashCall will not sell or assign any more loans to third parties
5) Consumers will retain their rights to pursue a cause of action under the Loan Interest and Protection Law on an individual basis.
6) CashCall will pay $1,000,000 for restitution and costs over a two year period to be distributed by the Department as it sees fit.
7) Monthly payments will not change in amount which means that any outstanding balance will amortize far more quickly.
8) CashCall agreed to work with those needing to change the monthly payment amount due to hardship on an individual basis, although it is not part of the agreement, but consumers should understand that will result in a longer amortization and therefore greater interest overall.
9) The Department will work with those who had First Bank of Delaware related loans separately given the agreement does not reset their interest rates.
10) The Department will likely require some information from consumers to verify balances as of today’s date.
11) CashCall will be notifying everyone of the change to their loan to 6% interest, except First Bank of Delaware related consumers.
12) The Bureau will be pursuing the third parties that have been assigned/or purchased loans from CashCall. Loans sold to third parties will not be reset to 6% because CashCall no longer owns those loans.
13) Delbert Services is part of the agreement and is not a third party
This is the agreement reached between pa and cashcall/Delbert services although it addresses a lot of issues it still harms the consumers whom filed a complaint by resetting there loans to 6% interest so if you already paid them the principal and the 6% you are going to have to pay them again the principal plus the 6%.Unless pa plans to give money back to the consumers whom already been harmed as part of the 1million restitution that they paid.I find this order to be harmful to the consumers whom filed a complaint!!!!!!!!
Thanks for posting this update about the Pennsylvania settlement with Cash Call Rocco.
Sorry it took so long but my comp has been down had to get it fixed.
Forgot to add it also doesn’t addresse the interest and penalties that are going to be imposed by cashcall/Delbert services because of being advised by the dept of banking not to pay them beyond the principal and the 6% in which case that is what I did being they are the people whom are the going after these entities!
Has anyone heard an update for the lawsuit in NC?
Michael
Hopeing you can get me some advise ! I see on my credit report a Charge off from Delbert ! This was posted in May !! I just now got another email and now it states my creditor as Consumer Loan Trust ! And the balance just keeps going up ! Paid these predators 7,886.00 on a 5000.00 loan ! If it is a charge off, why are they still contacting me ?? Who in the world is this !!! HELP ! Still waiting on NJ to Do something !!!
Current Creditor: Consumer Loan Trust
DSC Account #: 10866586
Current Balance: $9333.82
This is your opportunity to save hundreds and even thousands of dollars on your WesternSky Financial account, account number 10866586.
We want to resolve this matter as quickly as possible and avoid further action, so we are proposing the following settlement offer:
� One lump sum of $2533.07 due and payable on or before July 31, 2014. This is a 50% reduction of the outstanding principal balance.
Or:
� 9 payments of $337.74, beginning (no later than) July 31, 2014. This is a 40% reduction of the outstanding principal balance.
Upon receipt and clearance of your payments as agreed, we will notify our client to update its records accordingly regarding this settlement.
Charge off is an accounting term that lenders follow, that also permeates credit reporting when accounts go unpaid. When accounts charge off, they do not go away, and the debts are still collectable. The trend with banks and other lenders is to refer to outside collections after they charge off an account. That could be what has happened here with Delbert Services. Another bank and creditor trend is to sell their non performing accounts, or charged off debts, to investors at a steep discount. I can also read your comment as Consumer Loan Trust having acquired some Delbert debts.
Would you mind forwarding the email you got to me?
Does Consumer Loan Trust appear anywhere on your credit reports?
Michael thanks for the prompt reply !! No my credit report stated Delbert Services. I did copy the email in my post, however I am happy to forward the email to you. At what address ? Also any updates on where the great state of NJ stands with WS ? haven’t heard any updates from AG office or the CFPB.
Thanks !!
Hi Double D,
I recieved the same via mail from Delbert services but it states Consumer Loan Trust in the body of the letter. Also I researched their name and i could not find anything about them. My letter list Delbert services and their address and website so im assuming they are one in the same and trying to get you to pay it anyway.
This is what I intend to do with your email Double… research to make a connection with whatever information I can pull from what you received.
My email address is the same one you get site comment notification emails from.
I do not have any updates to provide with regards to New Jersey, but there were announcements out today from Pennsylvania. I will post more about that tomorrow.
Thanks for sending the email to me Double. Based on what I have reviewed, Consumer Loan Trust owns the account, and Delbert Services services/collects.
Hi Michael, do we need to respond to the notices from Consumer loan Trust. I did not receive an offer letter just a letter requesting verification that the debt is valid. I was going to either ignore because of our state laws or go ahead and send a reply explaining the loan is considered illegal in indiana. any suggestions would be great.
When I read your comment it sounds like you are saying Consumer Loan Trust has sent you a letter asking for you to confirm that you owe a debt. Is that correct?
Yes, that is correct….
I would like to see that letter. If you are okay with sending that to me, you can scan and email me using the same address you get these comment notifications from.
yes I can do that tomorrow
I have been dealing with the whole Western Sky/Cash Call/Delbert Services for the last six months as well. I paid back the principle plus $500 when I found out about the lawsuit. Western Sky/Cash Call are illegal in my state (there is an interest and fee cap). I stopped payments, sent a cease and desist. I receive a letter yesterday from the Consumer Loan Trust (which also has Delbert Services on the letterhead and footer) saying I have 30 days to dispute the loan and further action might be taken etc. Anyone else get this? What should I do. I filed a complaint with the National and State Consumer Loan/Protection already and Delbert wrote back the standard “why this loan is valid”. My state has not issued a lawsuit but says the loans are not collectable because they were illegally made by Western Sky who is not and has never been licensed in my state.
i too live in new jersey this is what i have done i sent letters to cash call and delbert services
new jersey laws state interest limits no more than 30% payday loans are not legal in new jersey i also sent the copys of the complaints to new jersey banking and feds i also took a photo of the complaint i sign for the criminal charges on cash call and delbert services with the state of new jersey i also sent copys to the experian. so it still shows as a write off not sure why some illegal items still show on credit reports
i had recorded my call to western sky where they said they were bonded in new jersey banking dept which was a lie!
I am in over my head with online payday loans. I live in Louisiana. I initally took out the loans to help financially and began paying them back timely. Crisis hit and I was not able to pay them back in the amounts requested. I contacted the companies and they gave me terms that I could not afford and the funds are not available. The companies still ran the amounts on my bank account thus creating more debt for me since the funds were not available. I have tried to contact the companies to offer payments that are affordable and on a different bank account. Although they stated they cant refuse a payment, what im offering is not good enough and my account will eventually be sent to collections. I dont know how to resolve this issue. I dont want to run from my responsibilities and pay my deby but I need them to work with me. HELP! . I have 5 payday loans. I owe check into cash $355.27, advance America $270.10, moneykey $385.00, cash net $210.00 and ace $300.00. I also have one personal loan that I’ve fallen behind on. That balance is $2300.00
Hi Michelle, I was way over my head in payday loans, I enrolled in CCC – Credit Counselors Corporation. They took out $267 every two weeks, they contact the creditors to set up payments plans. It helped me a ton. Once they are paid off try your damnest not to take out loans again. As we both know, they do nothing but get us in more trouble and it’s a hole that is so hard tdig out from. try Consumer Credit counseling services 800-850-2227. The link below is the yellow pages, start with one and they can help you or direct you to a location close to you.
yellowpages.com/metairie-la/consumer-credit-counseling-services
HI Kelly,
Have you heard anything from, the IN AG office yet? I have contacted them but have not received any responses.
Good mornng Nikki, I have not heard anything , I don’t think this a priority to them. I am still waiting to see what’s going on with the CFPB case, last I read they wanted the to case to be moved to California. I sure hope there will be positive outcomes for all of us involved.
Okay thank you!
oh and we live in the state of ohio
My husband took out a loan over 2 years ago. It was worth $2600. However they kept approximately $500 of it for their own fees. We were in a bind so we didn’t know any better and needed the money. IN the meantime, we have been paying $294. 98 since July 2012. If you add this up that is $6784.54. Technically according to Delbert who took over we still have over a year left to pay. I think this is ridiculous. I have read the threads above and wanted to know what your advice is on what to do. Do we stop payments as some of your suggest? Do we call the attorney general? I feel we are being robbed. The man my husband first set this loan up with stated it wouldn’t be high interest. Well obviously he lied. Anyone have any idea of what we can do? Is there a way to get a portion of this back? I live in the state of Ohio
FYI:
Jun 13, 2014, 2:37pm PDT Updated: Jun 13, 2014, 2:44pm PDT
State moves to suspend license of consumer lender CashCall
Enlarge PhotoMichael G Smith | iStock
California Department of Business Oversight said Friday it is seeking to suspend the license of CashCall Inc. for violating the state’s lending laws.
Mark Anderson
Staff Writer-
Sacramento Business Journal
Email | Twitter | LinkedIn | Google+ California Department of Business Oversight said Friday it is seeking to suspend the license of CashCall Inc. for violating the state’s lending laws.
The department served the company an accusation last week. The company has the right to request a hearing on the matter, said Mark Leyes, director of communications with the Department of Business Oversight.
The lender is based in Orange, in Southern California. Founded in 2003, the company advertises heavily on television.
The state alleges that the company violates California Finance Lenders Law in making personal loans and servicing them. CashCall also is accused of making misleading representations and omitting materials. It also is accused of pitching customers to take out larger loans than they want or need.
The California Finance Lenders Law does not limit interest rates on loans of more than $2,500, and CashCall made loans over that amount with annual interest rates of 135 percent or more.
“The department upholds the state’s financial laws to protect consumers from unfair and deceptive lending tactics,” Commissioner of Business Oversight Jan Lynn Owen said in a news release. “CashCall’s predatory marketing and personal lending practices will not be tolerated in California.”
Read a PDF of the state’s formal accusation.
The accusation came as a result of regular regulatory examinations of the company, which is licensed by the department, Leyes said. The department also has gotten consumer complaints.
Is anyone here willing to put on here a copy of the letter they sent to cash call or Delbert etc. telling them why they are no longer paying on their loan? I am getting ready to send them a letter and would like some ideas as to how to through it all together. I am in the process of filing my complaints with the FTC and Cfpb. Not sure if I will waste my time with the attorney general in Texas because I have heard that they are rather reluctent to deal with the issue. I appreciate any help!!!
Complainant finds that, by reason of the foregoing, Respondent CashCall, Inc. (i) has
violated Financial Code sections 22108, 22159(b), 22161(a) and (b), 22170(a) and (b), and 22701
and California Code of Regulations, title 10, section 1409.1, (ii) has failed to comply with a demand
of the Commissioner, and (iii) has been disciplined by other states, and based thereon, grounds exist
to suspend the finance lenders licenses of CashCall, Inc.
WHEREFORE, IT IS PRAYED that the finance lenders licenses of CashCall be suspended
for a period of up to 12 months;
Dated: June 4, 2014 JAN LYNN OWEN
Los Angeles, CA Commissioner of Business Oversight
By_____________________________
Judy L. Hartley
Senior Corporations Counsel——————————————-California has taken action against cashcall this is just the bottom half of order.If you want to see the order go to california dept of banking and oversight enforcment actions
I took out a $5000 loan from Cash Call (now Delbert) in 2012. I have made all the payments to date and have now started to read about Delbert
I have paid close to $10,000 and feel like I have fulfilled my loan
I would like to understand how to go about stopping the payments
I currently live in NJ
In New Jersey payday loans are ileagal
If they have putit on your credit report you need to write the credit bureau that list give them a letter stating that the state laws in New Jersey also make a complian with the state banking dept sent the credit bureau a copy of that too
They can’t sue you because the loan was illegal in the first place !
For Georgia residents, I received this reply from the AG office on the status of the lawsuit:
The Attorney General’s lawsuit against Western Sky, CashCall, and Delbert Services is still pending. The Defendants filed several motions to dismiss, which the court has not yet ruled on. The court appointed a Special Master to review the legal issues, and his recommendation to the court is expected sometime this month. After that, the court will rule on the motions. If the court denies the motions to dismiss, the case will move forward.
Sincerely,
Charlene R. Swartz
Assistant Attorney General
Department of Law
State of Georgia
40 Capitol Square, SW
Atlanta, Georgia 30334-1300
(404) 656-4103
Crossing fingers and toes this case moves forward.
Release Date: June 6, 2014
West Virginia Supreme Court of Appeals Affirms $14 Million Judgment Against CashCall Inc.
CHARLESTON — Attorney General Patrick Morrisey today announced that the West Virginia Supreme Court of Appeals recently affirmed a $13.8 million judgment against California-based lender CashCall Inc. and upheld the awarding of more than $440,000 in attorneys’ fees and costs to the Attorney General’s Office.
The ruling by the Supreme Court came more than a year after CashCall and its President/CEO J. Paul Reddam appealed three orders entered by the Kanawha County Circuit Court that found the company engaged in abusive debt collection, violated state lending laws and had to reimburse the state for attorneys’ fees. The May 30 memorandum opinion by the Court said CashCall violated debt collection laws in the state, that it was a true lender in a “rent-a-bank” scheme and that the civil penalties levied upon the company were appropriate.
“This case has been very important to hundreds of West Virginia consumers who patiently waited for it to work through the appellate process,” Attorney General Morrisey said. “This ruling by the Supreme Court confirms that the debt collection activity was unlawful, the loans were unlawful, and the Circuit Court appropriately canceled the loans and imposed stiff civil penalties for CashCall’s conduct.”
According to court documents, CashCall sold predatory loans in West Virginia with interest rates of up to 99 percent APR, which is a violation of the state’s usury laws. When consumers defaulted, CashCall used abusive and harassing collection techniques.
“CashCall used the ‘rent-a-bank’ model to attempt to skirt West Virginia’s consumer protection laws,” Morrisey said. “The trial court found, and the Supreme Court affirmed, that usurious interest rates will not be tolerated in West Virginia, regardless of how cleverly the lenders arrange their business to make it look legitimate.”
The Office of Attorney General alleged that CashCall partnered with a bank to make it appear as though the bank was the lender, when, in fact, CashCall marketed and sold loans, as well as provided funding and collected on those loans. The Office alleged CashCall “rented” the bank’s name and charter to avoid certain state regulations.
In the original complaint, CashCall was accused of soliciting consumers to take out high interest loans from a state-chartered bank in South Dakota. When consumers could not repay the loans, CashCall engaged in various unlawful debt collection activities, including placing numerous calls to consumers, employers, and other third parties.
Any persons wishing to file a complaint about a consumer matter or to alert the Attorney General about unfair or deceptive practices may do so by calling the Consumer Protection Hot Line, 1-800-368-8808, or by obtaining a complaint form from the consumer web page at http://www.wvago.gov.
The decision can be found on the West Virginia Supreme Court of Appeals website, https://www.courtswv.gov/supreme-court/opinions.html. It is case number 12-1274.
I live in the state of Pa and was wondering if you have any information on this Internet payday people? I took a loan out 7/2013 for 1,000.00 and as of march 2014 paid 114.67 every two weeks so I have paid well over the amount back the problem is I defaulted and now they charged off and sold it to national credit adjusters which are saying I owe 1,300.00. What should I do?
I would suggest contacting the pa dept of banking to file a complaint.They are the agency that is handling stuff like this!
Also the Consumer financial protection Bureau is taking complaints as far as i know1
So i check the better business bureau pretty much on a regular basis!I have sent an email to the head quarters complaining about these three entities westernsky,cashcall, delbert services.They have put government warnings an state actions,and even revoked delbert servies rating!But yet they still keep cashcall’s review updating nowthis has been going on for awhile and now they have settled with Conn and New York.Which included fines refund of monies over charged and removal of adverse affects on credit reporting agencies but yet the bbb has still not updated on this company it just shows they are protecting cashcall!!!!!
No unfortunately I am not. At one time about a month ago I had found a link to a law firm who was trying to get a class action suit against them but now I cannot find it. I am in the Lubbock Area
thought all might like to read this
Please feel free to comment or give insight. Thanks Mike
Federal Govt. Sues Western Sky, Butch Webb & CashCall -Cheyenne River Sioux Tribe’s Sovereign Status as a Shield
By Payday Loan Industry | Jul 16, 2013
By Jer Ayles-Ayler at Trihouse. A portion of the class action lawsuit filed: (Link to entire filing available below):
Plaintiff Sonja Curtis is a resident of Texas and applied for a loan from Western Sky in that state. Ms. Curtis borrowed $5,000 from Western Sky on August 8, 2011. The loan
carried an APR of 116.73 % and a fee of $75.00. Finance charges on the loan are $36,172.61 for a total payment of$41,172.61 on a $5,000 loan. She has paid approximately $5,737.34 in interest and $4.12 in principal to Defendants to date.
Plaintiff Chad Martin Heldt is a resident of Minnesota and applied for a loan from Western Sky in that state. Mr. Heldt borrowed $9,925 from Western Sky on April 24, 2013. The loan carried an APR of 89.68 % and a fee of $75.00. Finance charges on the loan are $52,676.49 for a total payment of $62,601.49 on a $9,925 loan. He has paid approximately $891.82 in interest and principal to Defendants to date.
Plaintiff Christi W. Jones (nee Trusevich) is a resident of Texas and applied for a loan from WesternSky in that state. Ms. Jones borrowed $2,525 from Western Sky on July 19, 2011. The loan carried an APR of 139.13 % and a fee of $75.00. Finance charges on the loan are $11,441.37 for a total payment of $13,966.37 on a $2,525 loan. She has paid approximately $3,635.07 in interest and $45.20 in principal to Defendants to date.
Plaintiff Cheryl Annette Martin is a resident of Virginia and applied for a loan from Western Sky in that state. Ms. Martin borrowed $1,500 from Western Sky on December 30, 2011. The fee on the loan was $500, and so Ms. Martin received $1,000. The loan carried an APR of233.91 %. Finance charges on the loan are $3,768.98 for a total payment of $4,768.98 on a $1,000 loan. She has paid approximately $1,616.47 in interest and $179.53 in principal to Defendants to date.
Defendant Payday Financial, LLC (“Payday Financial”) does business as Lakota Cash and Big Sky Cash. It is a limited liability company chartered under the law of the state of South Dakota as an ordinary business entity. Its principal place of business is 612 E Street, Timber Lake, South Dakota. Upon information and belief, Payday Financial caused the State of South Dakota to charter defendant Western Sky Financial and has served as the managing member of the entity. Payday Financial advertises and offers its loans to Minnesota, Texas, Virginia and other consumers through Internet web sites including http://www.lakotacash.com. Payday Financial transacts business in South Dakota, Minnesota, Texas, and all other states in which it offers consumer loan products. The Lakota Cash website describes the company as follows:
https://www.lakotacash.com (accessed June 12, 2013). The typical visitor to the website is an African American female between the ages of 18 and 34, with children, and income of less than $50,000 per year, and no college education. See https:llwww.quantcast.comllakotacash.com (accessed June 24, 2013). On February 9, 2011, Defendant Webb filed a Statement of Dissociation stating that Defendant PayDay Financial, LLC is dissociated from Defendant Western Sky Financial, LLC.
Defendant Western Sky Financial, LLC, is a South Dakota limited liability company with its principal place of business at 612 E Street, Timber Lake, South Dakota Western Sky advertises and offers loans to consumers by television advertisement and through a website accessible at http://www.westernsky.com.
Defendant Martin A. “Butch” Webb resides in South Dakota. Webb is the owner and president of Payday Financial and the owner of Western Sky. He is the registered agent of Payday Financial, Great Sky, Western Sky, Red Stone, Management Systems, 24-7 Cash, Red River, and High Country. Webb is the organizer, managing member, and registered agent of Financial Solutions.
Defendant CashCall is a California corporation with principal place of business at 1600 S. Douglass Road, Anaheim, California. CashCall is engaged in the business of making or arranging high-interest loans to consumers over the Internet and then servicing the loans it made or arranged. On information and belief, CashCall has arranged with the Lending Defendants (or entities affiliated with them) to process the loans from their inception or otherwise purchase loans made by the Lending Defendants shortly after they are made, or to receive the loans for collection or servicing. Upon information and belief, CashCall is aware of the terms of the loan agreements, including its exculpatory clause, and approved of those terms.
Defendant CashCall owns or operates the web servers used by the Lending Defendants to market and form the loan agreements. Upon information and belief, CashCall operates and/or funds WS Funding, which is the entity that provides the money the Lending Defendants use to fund consumer loans.
The relationship between the Lending Defendants and defendant CashCall IS close. All three entities host their public websites on TW Telecom servers based in Corona, California. Both websites became active on the TW Telecom servers within one day of each other. The servers run the same operating system and web serving software.
The websites cross-market each other. The site located at http://www.westernsky.com (which is owned by defendant Payday Financial, Inc.) includes keywords “Gary Coleman cash call” and “Gary Coleman cash loans”-referring to a 2007 ad-campaign run by defendant Cash Call that featured actor Gary Coleman.
The Lending Defendants use a website application co-developed by defendant CashCall and Cogility Software to manage the loan process. Upon information and belief, the CashCall system used by the Lending Defendants is comprehensive and includes: underwriting and decision-making, employment verification process, management of incoming voided checks and pay stub faxes through a fax queue, digital certificate generation, document creation, web based tools for loan agents and administrator[s], access to loan account information, security services, e-mail generation, loan servicing, and phone system configuration and interface requirements.
None of the Defendants is owned, operated, or chartered by the Tribe.
FACTUAL BASIS
The Lending Defendants offer high interest rate unsecured consumer loans of $300 to $10,000 through Internet websites, including to individuals throughout Minnesota,
Texas, and Virginia. The APR on the loans range from approximately 89.68 % to 342.86 %. The Lending Defendants have offered such loans since at least mid-2007. Upon information and belief, Defendant CashCall has entered into agreements with the Lending Defendants to collect debts and service the loans made by the Lending Defendants.
Consumers who require a payday loan from Defendants visit one of several websites run by the Lending Defendants. Consumers apply for a loan through an online form or by calling a toll-free telephone number.
Defendants quickly provide money to the consumer. Shortly thereafter the Lending Defendants transfer the loan note to Defendant CashCall. In essence, the Lending
Defendants act as a broker of Cash Call loans under the guise ofan American Indian Internet loan company.
If a consumer does not pay back a loan on time, Defendants attempt to collect the debt. Among other things, Defendants make negative reports to credit bureaus, call consumers multiple times per day, contact consumers’ employers, and engage in other aggressive-and often intimidating-tactics.
All Defendants knew or should have known that the loans they made to Plaintiffs and the class contained interest rates that are unenforceable because they violate Minnesota, Texas, and Virginia usury statutes.
Defendants inform consumers-including Plaintiffs and members of the class-that the Indian Commerce Clause of the United States Constitution bars application of their
states’ laws. But the Indian Commerce Clause provides no such immunity-it narrowly grants the United States Congress the authority to “regulate Commerce … with the Indian tribes.” U.S. Const. Art.! § 8. It does not state, as Defendants would have consumers believe, that American Indians are free to violate state laws without repercussion.
Notably, the Lending Defendants refuse to offer loans to members of the Tribe or to residents of South Dakota where the tribe is located.
All consumers must sign a loan agreement form to indicate they accept the terms ofthe loan. There is a reasonable question of whether a consumer sees the entire term of the loan or arbitration clause before they accept the loan.
The loan agreement includes, among other things, the following statements:
This Loan Contract is subject solely to the exclusive laws and jurisdiction of the Cheyenne River Sioux Tribe, Cheyenne River Indian Reservation. By executing this Loan Agreement, you, the borrower, hereby acknowledge and consent to be bound to the terms of this Loan Agreement, consent to the sole subject matter and personal jurisdiction of the Cheyenne River Sioux Tribal Court, and that no other state or federal law or regulation shall apply to this Loan Agreement, its enforcement or its
interpretation.
Governing Law. This Agreement is governed by the Indian Commerce Clause of the Constitution of the United States of America and the laws of the Cheyenne River Sioux Tribe. We do not have a presence in South Dakota or any other states of the United States. Neither this Agreement nor Lender is subject to the laws of any state of the United States of America.
The loan agreement takes a “belt and suspenders” approach to depriving consumers of their state law rights. The agreement also contains an arbitration provision that requires, among other things:
“Arbitration shall be conducted in the Cheyenne River Sioux Tribal Nation by a panel of three Tribal Elders and shall be conducted in accordance with the Cheyenne River Sioux Tribal Nation’s consumer rules and the terms of this Agreement.”
The document continues:
“THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING THE INDIAN COMMERCE CLAUSE OF THE CONSITITUTION OF THE UNITED
STATES OF AMERICA, AND SHALL BE GOVERNED BY THE LAW OF THE CHEYENNE RIVER SIOUX TRIBE.”
Further, “The arbitrator will apply the laws of the Cheyenne River Sioux Tribal Nation and the terms of this Agreement.”
Contrary to the representations of the Lending Defendants in the loan agreement, there is no such thing as arbitration in the Cheyenne River Sioux judicial system. Further, “Cheyenne River Sioux Tribal Nation’s consumer rules” do not exist. In response to a request for information regarding the Tribe’s arbitration procedure, a Tribal MediatorlMagistrate stated, “the Cheyenne River Sioux Tribe, the governing authority does not authorize Arbitration as defined by the American Arbitration Association (AAA) here on the Cheyenne River Sioux Reservation located in Eagle Butte, SD 57625.” (Exhibit A.)
The “belt and suspender approach” of placing exclusive jurisdiction of disputes with the Cheyenne River Sioux Tribe, but at the same time, requiring arbitration pursuant to
nonexistent arbitration rules, creates a conflict within the loan agreement. This dispute cannot simultaneously be subject to the jurisdiction of the Cheyenne River Sioux Tribe judicial system and a panel of non-judicial arbitrators who are chosen solely by the Defendants and who are members of the Tribe. This violates the Federal Arbitration Act. (Exhibit 8.)
Brought to you by Payday Loan Industry and Payday Loan University
Link to the actual filing: https://turtletalk.files.wordpress.com/2013/07/heldt-complaint.pdf
Read more: https://paydayloanindustryblog.com/federal-govt-sues-western-sky-butch-webb-cashcall-cheyenne-river-sioux-tribes-sovereign-status-as-a-shield/#ixzz33hCvx5dT
FTC Puts Texas-based Operation Permanently Out of the Debt Collection Business After It Allegedly Used Deception, Insults, and False Threats against Consumers
Operation also Charged Unauthorized Fees; Owner Will Surrender His Assets
FOR RELEASE
May 19, 2014
TAGS: deceptive/misleading conduct Finance Bureau of Consumer Protection Southwest Region Consumer Protection Credit and Finance Debt Collection
The owner of a Houston-based debt collection operation that the FTC charged used insults, lies, and false threats of imprisonment to collect on payday loans will surrender his assets, estimated to be worth $550,000, to pay restitution to consumers who were charged unauthorized fees. All the defendants will be permanently banned from debt collection under a settlement with the Federal Trade Commission.
In 2013, at the request of the FTC, a U.S. district court shut down Goldman Schwartz, Inc., froze its assets, and appointed a receiver to take control of the business while the case was in litigation. The debt collection operation did business nationwide, collecting primarily on payday loans. In some cases it owned the debt, and in others, it acted as a third-party collector. The operation was charged with multiple violations of both the FTC Act and the Fair Debt Collection Practices Act.
“Debt collectors who harass consumers, make false threats, and charge bogus fees are violating federal law and will be held accountable,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection.
The defendants were charged with making false threats that consumers would be arrested and jailed, and that their children would be taken into custody; falsely claiming to be attorneys or to work hand-in-hand with local sheriff’s offices; disclosing debts to consumers’ employers and military superiors; and collecting bogus late fees and attorneys’ fees, according to the complaint.
The defendants also harassed and abused consumers by using obscene language and by calling repeatedly and at odd hours early in the morning or late at night, and failed to inform consumers of their rights to dispute the debts, have the debts verified, and obtain the names of the original creditors, the complaint alleged.
The settlement resolves FTC allegations against company owner Gerald Wright, company managers Starlette Foster and Jennifer Zamora, and several corporate defendants. The settlement requires Wright to surrender his assets, estimated at $550,000, which include funds from personal and business accounts and proceeds from the sale of realty. The remainder of a $1.4 million judgment against Wright is suspended based on inability to pay. The judgment against Foster and Zamora also is suspended due to their inability to pay. If it is later determined that the financial information the defendants provided the FTC was false, the full amount of the judgment will become due.
The monetary judgment will be used to pay restitution to consumers who were charged unauthorized late fees and attorneys’ fees, often in the hundreds of dollars. The defendants privately referred to these bogus fees as “Juice,” and used them to inflate the cost to consumers who wished to settle their debts, the complaint alleged.
Also under the order, the defendants are prohibited from misrepresenting the characteristics of any financial product or service.
As part of its continuing crackdown on scams that target consumers in financial distress, the complaint named as defendants Goldman, Schwartz Inc, doing business as Goldman, Schwartz, Lieberman & Stein; Debtcom, Inc., doing business as Cole, Tanner, & Wright; Harris County Check Recovery Inc.; and The G. Wright Group Inc., doing business as The Wright Group. Under the terms of the order, these companies will be dissolved.
For consumer information about dealing with debt collectors, see Debt Collection.
The Commission vote approving the proposed consent decree was 5-0. It is subject to court approval. The FTC filed the proposed consent decree in the U.S. District Court for the Southern District of Texas, Houston Division on May 19, 2014.
NOTE: Consent decrees have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.
PRESS RELEASE REFERENCE:
FTC Action Leads to Shutdown of Texas-based Debt Collector that Allegedly Used Deception, Insults, and False Threats Against Consumers
CONTACT INFORMATION
MEDIA CONTACT:
Betsy Lordan
Office of Public Affairs
202-326-3707
STAFF CONTACT:
Tom Carter
FTC Southwest Region
Dear Mr. Bovee…thanks for your quick response for my last question. Also, any input would be greatly appreciated on the item below in regards to them from you or anyone.
To everyone, I live in Texas and yesterday requested a copy of the communication showing where Western Sky sold my installment loan to Delbert Services because I don’t ever remember receiving anything from them and I have all of my initial communication from them. Well, I received an email back from them this morning and included was a copy of the supposed “notice of transfer and sale”. As I got to reading it, it sounded weird.
1. the “notice of transfer and sale” was dated June 4, 2014 and specifically states that effective THAT DATE, my loan was being sold from Western Sky to WS Funding LLC and that Delbert Services would be handling the payments for it starting with the first payment in AUGUST 1, 2013.
2. how can a company essentially “backdate” a notice of transfer/sale which (according to them) is effective June 4, 2014 but in the body of the sale state that the payments would be taken out by delbert which is a servicer for WS Funding in 2013? If they didn’t even sell it until today, how could they legally know who will doing the payments for WS Funding.
3. The other issue is that the first payment back in August of 2013 WAS done by Delbert Services, but then the next 3-4 payments were done by CashCall and then it went back to Delbert Services. Seems to me that could possibly be illegal. I didn’t think you could sell the loan to another company and they start payments and then you come back in and start taking the payments and back and forth between the 2 companies.
Now we all know they are playing games, but I would love everyone’s input on this.
For my part, I would suggest getting the opinion and advice of a consumer law attorney in Texas, and preferably one with trial experience with debt defenses. I know of one in Austin. You anywhere near there?
If westernsky/cashcall/delbert services is reporting negativly on your credit report,I would dispute it i just did this today and they removed cashcall and delbert services from my report.Although they didn’t say it i think they are altra aware of whats going on with these entities.I have tried to remove things in the past and it was like pulling teeth with no avail!But this time was different they removed them immediately with no hassle in my case!
Hi Rocco,
Did they remove them entirely? Also what steps did you take to dispute the accounts? I would love to remove all info from them on my report!!!!
It appears that one credit reporting agency has deleted them on my credit report however iam waiting to see if it pops up on the other 2 credit reporting agency if it does i will asked to have that removed also!I took a 7 day trial with one of them and it immediatly gave me there credit report i then called them and ddisputed it told them there are numerous states suing them including mine and the Cfpb is also suing them.The person on the phone said she would place me on hold for little while to do some research and a coupole of minutes later she said that they deleted the entries and sent me a conformation email with my corrected credit report!
So iam guessing with which the ease that they deleted it of my record that they are aware of the states actions and the government actions that are happening.Like i said i have disputed other this on my credit report to no avail getting something removed from your credit report is almost impossible!
Needs some insight here ..Michael can you advise ?
I got a 50% of princiale email from Delbert yesterday � One lump sum of $2533.07 due and payable on or before June 30, 2014. This is a 50% reduction of the outstanding principal balance.
How ironic..the loan was for 5000.00 and I paid back 8780.00 before ceasing payments! I went on to my credit report today, and Delbert has listed 5066 as a CHARGE OFF !!! Now what do I do?? I am in the state of New Jersey..how do I get this removed from my credit report and if the did a charge off in May, why still contacting me for a payment !!! UGGGG why !!! come on NJ get on the ball with these predictors !!!
any advise would be appreciated ..is it time to contact a lawyer ??
thx
Mr Bovee is there anyway i can email you directly without posting on this forum at this time?
Sure, just use the email address you get these comment notices from. That comes directly to me.
Michael can you tell me if Delbert Services is legal in Minnesota?
Debt collectors are required to be licensed and bonded in Minnesota, I do not know if Delbert Services is.
A better resource for answering your question is the Attorney Generals office in Minnesota.
This message is for Michael Bovee and hopefully I will get a response as I have not gotten one. And I know this may sound like a dumb question, but:
Is there a difference between a company that is specifically registered in a state to be a “collection agency” as opposed to being a company that buys loans (that are not past due or behind) ie. a mortgage company that buys mortgages from another bank (assignments)?
Thanks!!!!
Each individual state would likely be the resource to pose your question to. There are some states where there is a difference in requirements, bonding, etc.
Another blow to payday lenders in federal court: https://www.collectionscreditrisk.com/news/judge-rules-against-race-car-drivers-lending-business-3018059-1.html
I also took out a loan with Western Sky which was immediately sold to Cash Call then to Delbert. After researching I find this website and followed the advice given. I sent a cease and desist letter and revokation authorized debit from my account. I filed a complaint with CFPB in January which Delbert responded and offered to reduce my interest rate to 20%. Delbert listed a number for me to contact in which no one ever answered or responded. I began getting settlement offer with various interest rates or lump sum payments. I ignored each one. My concern is that even though Western Sky and Cash Call are not licensed in the state of Idaho, Delbert Services is. Delbert has reported negatively on my credit for that three months and I am concerned that they are going to try and sue me. I have paid over $1600.00 above what I actually borrowed and the balance is still over double what was borrowed, in fact the balance keeps going up. Why aren’t all states included in the law suit? I don’t know what to do. I have posted on here previously and have had no response, is it because I live in a state that is not included in the suit? I am just looking for some advice on what to do. Please please help me. I am just looking for some advice. Thank you in advance for your time.
TLM – There is not much solid to offer you. You may want to consult with an attorney in Idaho with a practice focus in consumer law. This may help you get a lay of the land regarding debt collection and credit reporting, but also ask about any irregularities with how the loan was made, and promptly passed on to other entities, etc.
Here is an experienced consumer debt attorney in Idaho:
Ryan Ballard, Esq.
Ballard Law, PLLC
237 North 2nd East, Suite 102
Rexburg, ID 83440
Phone: 208-359-5532
Delbert is also legal in my state, buy my AG office said that the original loan with Western Sky (which they immediately passed to Cash Call) was not legal in this state, and Cash Call’s license was suspended so they passed to Delbert, and that they have never had one of the cases from Western Sky go to court. I had copies of all the correspondence between Western Sky and Cash Call, and proof of how the loan was transferred quickly because of legal issues, and I have paid them back the principle plus a good amount more. The AG office said to stop paying Delbert so I did. They do ding your credit, but my credit was not great or I never would have borrowed from them to start with. I would make sure you pay the principle back. I keep getting offers from Delbert but I never respond. I filed a complaint with the Fed consumer group and indicated that I consider the loan paid in full. I sent a cease and desist and closed my bank account as well.
TLM ,
At this point, I would quit making payments to them. Even though they “sold” the note to Delbert Services, I have been told that both Western Sky and CashCall were not legally licensed to be operating in many States at the time of these loans. What I found to be truly funny and may work in my advantage for my case is that when I did my loan last year in July, Delbert Services started taking out payments before the loan was even “sold” to them. I had the first payment drafted from Delbert Services, then the next 3 payments were drafted by CashCall and then it went back to Delbert Services. That is completely illegal. It’s either one or the other. They cannot switch back and forth. Definitely talk to this lawyer and go from there. I wish you luck
I took out a loan with Western Sky and have been paying on it for over a year. Are they licensed in the state of Texas? They also told me I have 2 different interest rates and I won’t ever be able to pay this off. The 10 day pay off is way more than what I actually borrowed. I feel as though I am being swindled. Any advice would be greatly appreciated!
Does anyone have any updates on where the state of New Jersey stands with WS/CC/Delbert?
I have filed noticed with NJ AG office and CFPB but have not seen or heard of any updates ! Any updates would be greatly appreciated !!
New jersey has been another state added to cfpb lawsuit go to states added to the original complaint.
i live in new jersey, payday loans are illegal stat.Ann. tit.1 ussury cap at 30%. N.J STAT.Ann 2c;21-19 a c
bottom line payday loans are PROHIBITED!
go to bank dept file a complain!
SO GO ONLINE COPY THE LAWS WRITE A LETTER TO THE CREDIT BUREAU THAT IN NEW JERSEY LOAN OF THIS TYPE ARE ILEGAL, SO THERE WAS NEVER A LEGAL CONTRACT! send copys of everything to credit bureau they will remove it!
note in new york every one is getting back all moneys paid to the cashcall. delbert service, western sky
send copys of every thing to the state and federal consumer dept
Can someone tell me how do I go about getting them removed from my credit report?
I too had a loan (actually two, i obtain another after paying off the first). I then learned just after paying the principal that Western Sky was providing loans without being licensed in my state. Delbert took over, I stopped paying, sent them a cease and desist and started filing complaints against them with my AG and the CFPB. They dinged my credit. I wrote to the credit agency, initially they did nothing, then I filed a complaint against the credit reporting agency with the CFPB, detailing the situation and restating that the CFPB has filed suit against this same company for the same reasons that I am filing my complaint. A week or so ago, I received a response from the CFPB advising that the reporting agency has agreed to remove that information from my credit report. I then received an email from the reporting agency advising that they were removing the information from my report. The information has since been removed. I have not received any more collection efforts from Delbert. But I would like the excess interest I paid to be returned. However I am satisfied to be left alone.
Do you mind sharing what you wrote to CFPB regarding credit reporting agency. I would like to write them as well. Thank you.
Would you please share what you sent to the CFPB to get this loan removed from your credit report? Delbert now has my loan listed as a Charge off. I have filed complaints with CFPB as well as the State of NJ AG and have not gotten any satisfaction. Would love to just get this off of my report ! I took out 5K paid back 7787.00 they got their principal back and then some !
Also does anyone have any updates on NJ? I can’t find a thing !
I don’t think it’s legal for these two companies going back and forth drafting from your account. I wrote to Cash Call to stop the ACH drafting but I did not trust them so I just closed my account with Chase. I did the same thing with the Cash Call website, they are not licensed in Indiana unless I was a business. My loan is an installment loan I took out from Western Sky, who immediately sold it to CashCall. I’m sure my loan is now in the hands of Delbert, however I have not had to deal with them yet.
Kelly, I have done the same thing. I opened a new one, closed the old and have sent cease and desist letters to both CashCall and Delbert telling them that I would only deal with Western Sky right now. It’s funny because the email that I specifically addressed to Cash Call got an RE: response from a rep from Delbert. And I specifically asked them, why they are responding to an email that was sent to CashCall and not them. But they will not answer. They have twice sent an email that states that I need to call them and they will explain it too me. I consider it all to be deceptive. And the cashcall I sent it too is in California and the license on file in Texas for Delbert says they are in Neveda. So are they blately lying to people? I know they are all one in the same…but the more bologni I can catch them feeding me, the better a paper trail I will have.
That was what I was wondering. And what is funny is the other day, I went to CashCalls website to get an email address and just for the heck of it started the online process for a loan and it said it couldn’t lend to me in Texas UNLESS I was a business. If I cannot find any licensing on them in Texas, how can they even do that? It all doesn’t make any sense. And I also emailed a question in earlier today and am waiting for an answer, but when they first started drafting me, the first draft was a paper draft to Delbert services, but then the next 3-4 were ach drafts from CashCall. Then they went back to Delbert. I did not think it was legal to have different companies drafting your account then switching back and forth. If they sold to Delbert (which we know they are one in the same) then it should stay with Delbert not randomly go back to CAsh Call drafting me. Anyone’s input would be great!!!!
The first paragraph includes other related/non related headlines, when I copied this on to this page I didn’t intend to include that. This is great news for those of you affected in New York. I sure hope other states follow NY case and will go after Western Sky/ CashCall/ Delbert. I am a bit confused though. I am guessing this case only applies to “payday loans’, so did Western Sky also issue installment loans and I wonder if this lawsuit would apply to that type of loan as well?
FYI :
NY Regulators Cap Payday Lending Case
by Darren Waggoner
MAY 21, 2014 10:53am ET. Print Email Reprints Comment Twitter LinkedIn Facebook Google+ ..Related
NY Regulators Cap Payday Lending Case
Collection Execs Banned as Regulators Close Texas Operation
Minnesota Senate Fails to Pass Payday Loan Reform.The case against a South Dakota-based payday lending operation that charged illegal interest on loans is wrapping up in New York state where residents can now start filing refund claims, according to New York Attorney General Eric Schneiderman’s office.
More than $20 million could be distributed, depending on the number of consumers who make claims, and many borrowers will receive a refund of more than $1,000. The settlement included penalties totaling $1.5 million.
All borrowers who received loans from Western Sky Financial LLC and CashCall Inc. or any party collecting on their behalf more than the proceeds of the loan plus the legal interest rate of 16% are eligible for a refund, according to the AG’s office.
Western Sky agreed last year to stop funding loans amid rising legal battles with authorities in several states. It previously cited “unprecedented government interference” as the reason for laying off the majority of its employees in Timber Lake, S.D. and its decision to close its office in Eagle Butte, S.D.
Last October, owner Martin A. Webb and Western Sky were among the defendants sued by Arkansas Attorney General Dustin McDaniel’s office for allegedly to offer illegal payday loans online while claiming to be affiliated with a Native American tribe to avoid legal action.
Webb and his companies, including Western Sky, offered payday loans ranging from $300 to $2,525 to consumers across the U.S. and advertised on television and online, according to a Federal Trade Commission complaint. The defendants tried to garnish consumers’ wages without a court order and sought to manipulate the legal system by forcing borrowers to appear before the Cheyenne River Sioux Tribal Court in South Dakota, which did not have jurisdiction over their cases.
“Debt collectors cannot garnish consumers’ wages without a court order, and they cannot sue consumers in a tribal court that doesn’t have jurisdiction over their cases,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “Regardless of tribal affiliation, debt collectors must comply with federal law.”
Webb and Western Sky last month were ordered to pay $967,740 to the U.S. Treasury to settle FTC charges of using unfair and deceptive collection tactics.
Schneiderman’s office sued Western Sky and its affiliates last summer, accusing them of charging interest rates to New Yorkers that were more than 10 times the higher than the state’s interest rate limit of 16%.
“Thousands of New Yorkers who were the victims of exorbitant and illegal interest rates can receive meaningful relief through our settlement fund,” Schneiderman said in a release. “I encourage all those eligible to take full advantage of this program.”
The New York AG’s office has been cracking down on payday lenders in the past year.
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That is great. Now if I could only get some info on Texas. I am thinking the whole entire loan thing is illegal since I cannot find any licensing on this. I am also worried because most of this stuff has dealt with their payday side of the lending not the installment loans. But if they aren’t licensed to lend then they aren’t licensed to lend.
Is there a way to see if these companies are licensed in your state? I am in Texas and I have looked on the AG office website and the nmls licensing thing that I believe is on the OCCC in Texas website and cannot pull either of them. I believe from posts I have read on other sites that at one time Cash Call was licensed in Texas but for mortgages only. Does that give them the ability to do personal loans also? As I said now I cannot find anything about their licensing. Also, (and I may be mistaken) but from other posts on other sites any of these loans originated with Western Sky are illegal period. Is this true? Does anyone know?
The AG in GA has filed a suit against Western Sky/Cash Call/Delbert but this was last year, In July. How long does it usually take for the courts to hear these cases?
What are the laws about this kind of stuff in Louisiana. I had a loan with Western Sky / Cash Call then it got transferred to Delbert Services. The loan was for $2600. I have paid them $4500 and still owe over $3000. My interest rate is 135%. This is killing me to continue to pay them this outrageous amount.
I live in NJ and just saw all of this stuff. I currently have a loan out with Delbert Services and actually just made a payment of $700.00 trying to get this loan paid off. Can I do anything to get this and other recent payments that I made back? Any help is greatly appreciated.
Hi Michael, GA filed a lawsuit against these guys last year. Is there anyway or anyplace to get an update as to the status? The AG website says the case is still open in Fulton County Superior Court.
Thanks
James
James – If Fulton Count Superior court has online access to their docket, you can check their site for recent filings, and get a gist for where things are at with the case. You can also stop in the court.
I am sure he has some judge in his pocket there.And the laws in california regarding this lender is very lax.I would hope the judge reveiwing this case will not dismiss claims and not allow him to tranfer to central district of cali.
I was searching for updates in the lawsuit against Cash call from CFPB. See Case 1:13-cv-13167-GAO Document 32 Filed 4/11/14. It appears that they want the case to be transferred to Central District of California or, alternatively, to dismiss all claims against J Paul Reddam for lack of Personal Jurisdiction.
I did register for PACER, didn’t really get any information I was looking for so I sent them an e-mail to pay whatever I owe and close it since I doubt I’ll ever have a need again to access the website. I will just continue to have patience and wait the outcome.
I hear ya. I just pulled the docket after seeing your comment. Not much happening in the case yet. Jurisdictional issues will be resolved before discovery which is where you can often download filings along with a bowl of popcorn. That said, I would like to change my guess to next year….
So was doing a little research i wonder if cashcall in the UK has the same owner as in the U.S.which is Mr J .P.Reddam?No wonder why this crook has so much money!! He is probably ripping people off in the U.K. too!!!!!!!!!!!!!!!!
Is there anyway to find out about the status of the CFPB complaint? I know it was filed on December 16th and an amended complaint updated on March 25th. How long do these lawsuits generally take, months, years? I am anxiously waiting the outcome. I have managed to get all my old debts paid off with the exception of a car payments and Western Sky/Cash Call. This Western Sky/Cash Call loan is the only thing holding me back and I have paid above and beyond the principle and refuse to pay them anymore pending the outcome of this lawsuit. I live in Indiana( where the loan was originated as well) which is one of the states named in the lawsuit under ” Violation of Interest Rate Caps and Licensing Requirements”.
If you are really into watching this type of thing unfold, and want to get into the minutia of the case being presented by the CFPB, and the defenses too, use PACER to get up to date federal court information. The case is filed in federal district court of Massachusetts
Does anyone know — would the outcome of the case only affect those states named? Or would it be federal and impact all states since the federal government is bringing the suit?
My guess is that the case will get settled, and that the CFPB will be looking to bring an impact to consumers nationally as part of that agreement. States like mine that do not seem to have this issue on their radar would benefit from this. But it’s hurry up and wait to see if I am right.
Thank you Michael, I did register for access to PACER.