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
Short answer
The interest on these online loans is illegal in many states. Western Sky Financial argued it was a tribal lender operating from the Cheyenne River reservation in South Dakota, and that argument has not gone well in the courts. If the payments are not affordable, the realistic options are to pay only toward principal, close the account the drafts come out of, and file a complaint with your state regulator.
Key points on this page
- Western Sky Financial appears to operate from the Cheyenne River reservation in South Dakota. The same operators have ties to several other online loan brands, including Payday Financial, Big Sky Cash, Lakota Cash, Great Sky Finance, Four Seasons Cash and Red Stone Financial.
- The amount and rate of interest these loans charge are illegal in many states. The tribal lender defense raised against state, federal and individual actions does not appear to be going well.
- One option is to keep paying, but only in an amount you can afford, and only up to the principal of the loan.
- Other options are closing the checking account the payments are auto drafted from, and filing a complaint with your state financial regulation office.
- At the time this page was written, Western Sky was not licensed in Florida, and the state of Florida had an active lawsuit against them.
- Expect collection calls and letters from Western Sky, CashCall, or both, if you stop paying. If finances stay tough, or things reach the point of vehicles being impounded and power cut off, it is time to speak with a bankruptcy attorney.
I am sorry to hear of your friend’s predicament with Western Sky Financial and CashCall. Going further into debt with what most of us would consider usurious loans, like those offered over the internet, offer a temporary measure to fill a cash gap, but are more akin to digging a deeper financial hole. But I get the reasons people will treat the loans as a life line.
I have followed some of the different developments with payday lending, offshore online lending, and so called tribal lenders. I have not kept up with recent events in this area of the debt markets. Your question gave me an opportunity to read up on a good 6 months of developments in the courts and elsewhere.
Western Sky Financial Operates in South Dakota
Western Sky Financial appears to be operating from the Cheyenne River reservation in South Dakota. The same people operating Western Sky appear to have ties to several other online loan operations: Payday Financial Big Sky Cash Lakota Cash Great Sky Finance Four Seasons Cash Red Stone Financial.
Why is their location of any importance? The amount and rate of interest Western Sky Financial, and other payday and internet loans charge, are illegal in many states. The argument Western Sky Financial is making in courts around the country (in order to defend court actions brought by state, federal, and individuals), is that they are tribal lenders. Having caught up on some reading as a result of your question, that argument does not appear to be going to well.
Taking out online loans from Western Sky, or any of their other entities, does result in getting money. Anyone taking out this kind of usurious loan is likely doing so because:
- Your credit score is too low to qualify for traditional loans.
- You are maxed out on credit cards.
- Your debt load is too high to get additional credit – even with a good credit score.
- Like your friend Dave, these loans are only considered when there are immediate hardships and expenses to cover.
My point is, you need the money at the time, found a way to get the money to fill the immediate cash void, and use the loan to get by. As screwy as this is to point out when talking about an online loan that will likely be found to be illegal in many instances, Dave got the money and used it to get by. He may regret the decision later, and learn that there were problems with the loan being made to him as a Florida resident, but what to do about the fact that he got something from Western Sky Financial?
How to Deal with Illegal Online Loans
Some options for Dave to consider when compared to how others have talked about handling repaying, or not repaying, Western Sky Financial would include:
- Closing your checking account payments are being auto drafted from.
- Making payments to Western Sky Financial, but only in the amount you can afford, and up to the principal of the loan.
- Contacting the Florida financial regulation office where you should learn that Western Sky Financial is not licensed in Florida, and file a complaint they can investigate: https://www.flofr.com/PressReleaseDetail.aspx?id=4228
There is an active lawsuit filed against Western Sky Financial by the state of Florida.
If your friend stops making payments to Western Sky Financial and closes the bank account any payments may have been being drawn from, he will need to be prepared for some blow back from either Western Sky Financial, or CashCall, or both. Collection calls and letters are to be expected. It is clear from what you shared that he cannot make the payments, and to do so even if he could, would be paying usurious interest to what is likely an illegal lender in Florida.
If it were me in Dave’s shoes, and I had the money in my budget to pay back something toward the loan every month, I would take a businesslike approach and contact Cash Call and Western Sky to let them know I will only be paying xxx.xx amount each month until the principal is paid. If I did not have the money in my budget due to further setbacks, I would wait and see if things turned around financially and then make an effort to pay the principal, or settle with CashCall or Western Sky or less. If finances remain tough, it may be time for Dave to speak with a bankruptcy attorney. If Dave is at a place where vehicles are being impounded, and power cut off, it may be time to consider his options with bankruptcy now, rather than later.
Anyone with questions about Western Sky Financial, Cash Call, or similar type of online loans and payments, is welcome to post in the comments below for feedback.
1/10/14 Updates to this reader question can be found throughout the comments below. A comment posted by Carol contains a link to more detailed information for Florida residents dealing with Delbert Services, Cash Call, and Western Sky loans. I replaced the previous link to the Florida action against these companies with Carol’s.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
I am going back and forth with the BBB in California – as of this morning, Cash Call is using the same old language – since I agreed to the terms prior to the cease and desist letter from New York State, they say I am liable. However, it is clear in the letter from the Attorney General and the Division of Financial Services of New York, that the loans are illegal, and therefore void. They have also been warned that they are not allowed to collect. So, in my opinion, I’m done. The last payment they took from me was in August, yet they are telling the BBB that I am current. However, they have put negative information on my credit report and I haven’t a clue how to get that removed. My credit score has really plummeted. They also say “As background, Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe”, and they feel this means our laws don’t apply to them. No one has contacted me from the loan company since September. However, in the BBB response, Cash Call made an offer for me to settle for $1,000. Not happening…
Well then it is obvious the BBB doesn’t adhere to its mission statement there are other states suing them as well as the Ftc and now the CFPB.How can that foster a trustworthy relationship between the consumer and bussiness knowing all these entities are taking action against a company and they are not reporting it there is obviously a problem.
Tina,
I just got an email today from Delbert Services stating that they want to work with me on my principle balance of $1,459.55. I only got $1000 from them and I paid them $764. already. In the email, they state that my account is seriously past due and will report to a national credit reporing agency soon if they do not hear from me or receive payments.
I don’t know what to do. Any suggestions?
Shelly – What follows is the response Tina submitted to your comment above that did not publish to the site. The comment system can be buggy at times….
“They’ve already put negative information on my credit report and my score tanked. I don’t know how to get that removed. I have filed a complaint with the Attorney General of the State of New York, the New York State Division of Financial Services, the FTC, and also the Better Business Bureau of SanDiego, Ca. I stopped communicating with Cash Call in August, stopped the ACH withdrawals, then closed that checking account. I received two letters from Delbert, the second of which I responded to with the letters from New York that they had already received which told them to stop doing business and that their loans were illegal, but they still went ahead and informed Experian that I’m behind in my payments. Delbert told the BBB that although I stopped paying them in August, my account is current – which makes no sense. If it’s current, they shouldn’t have put the negative info out there. They offered to settle with me for $1,000. Which ain’t happenin’. Funny thing is, I had another loan with a different online company and they haven’t bothered me at all since I stopped the withdrawals and closed my checking account. I think they figured it’s illegal, so they’d just better stop doing business in New York State. I haven’t heard another word from Cash Call or Delbert. I just got a letter from the Attorney General’s office stating they are working on my complaint, so we’ll see what happens there. I’m afraid I don’t have any other suggestions. I’d like not to pay for an attorney (obviously funds are tight or I wouldn’t have taken such a stupid chance with the loans), so I’m just going to wait until I hear back from the AG’s office, and then go from there. I’m afraid I don’t have any other suggestions for you. Good luck!”
Those of you located in New York please see the below links!!
Settlement reached in New York against CashCall
https://www.ag.ny.gov/press-release/ag-schneiderman-announces-settlement-western-sky-financial-and-cashcall-illegal-loans
This is indeed great news. However, the settlement mentions nothing about having the negative information Cash Call has placed on my Credit Report removed. I’ve disputed the information twice through Experian and got nowhere. I’m going to call the 800 # listed on the settlement and see what they have to say.
How do I stop payment
jay – I have not read the full text of the CFPB lawsuit yet, so I do not know if any other states like New Jersey were outlined in the complaint. But if you are concerned about the legitimacy or void nature of your loan, you can contact a consumer law attorney for advice as relates to how this CFPB suit may affect your loan and payments to either Cash Call or Delbert Services, or like others have mentioned in the comments above, revoke your ACH payment authorization with your bank.
Can you believe that the bbb has given cashcall an (A) rating are you kidding me and they only list one government action minnesota.I guess they didn’t get all the complaints people have sent them!!!!!!!!!!!!!!!!!!!!!
There is an interesting consent agreement in the state of nevada between westernsky,cashcall,delbert servicesand the state of nevada not sure if it is good for the consumers.It is dated dec 24 2013
I just red the Global Consent Agreement. I aactually quite annoyed with this document as it appears that the state of Nevada did nothing to protect the consumer. I appears that they are requiring that Western Sky be licensed and pay $50K within 30 days. This payment goes to the Nevada FID and nothing to the consumers. They are going to allow the consumers to be sued in tribal court and any judgment rendered in that court can be domesticated in the state of Nevada. Sounds like a big win for Western Sky and the others. The only shred of hope I still have is that the FCPB still has its suit against these theives and I am hoping that they come down hard. Fed trumps state. And, this Global Consent Agreement was in the works prior to the FCPB filing suit even though the document has a date of December 24, the Respondents dated it December 12, prior to the filing of the FCPB suit. Say a prayer and keep your fingers crossed.
I agree i posted it to see if maybe i was wrong with the globel consent agreement.I am still awaiting my state to go to court i hope it is not the same as nevada.
What kind of consent agreement and where can I see it?
I just googled the name Delbert Serivces consent agreement with Nevada
Major announcement out today from the CFPB filing its lawsuit naming Cash Call, Delbert Services, and its owner: https://www.consumerfinance.gov/newsroom/cfpb-sues-cashcall-for-illegal-online-loan-servicing/
A key section in that linked press release reads:
“The CFPB’s complaint alleges that defendants CashCall, WS Funding, Delbert, and Reddam have violated the Consumer Financial Protection Act’s prohibitions on unfair, deceptive, and abusive acts and practices. The Bureau’s investigation showed that the high-cost loans violated either licensing requirements or interest-rate caps – or both – in at least eight states: Arizona, Arkansas, Colorado, Indiana, Massachusetts, New Hampshire, New York, and North Carolina. Under statutes in at least these eight states, any obligation to pay such loans was rendered void or otherwise nullified in whole or in part by law. Therefore, the defendants are collecting money that consumers do not owe.”
If I were in one of those states mentioned I would seriously consider steps to stop payments going to Cash Call or Delbert Services until the outcome of the CPFB lawsuit is known.
Does that include nj too, what should I do now
Send both do not contact and revoke EFTA through email. If u can tag a receipt on the email do so. That receipt will notify u the second they open the email
Danny, do you have a template of the letters (especially the cease & desist letter) you sent to them so they will stop calling.
Danny,
I did send a letter to stop the automatic withdrawn to Delbert Services after I made my last payment to them. What I’m worried about is the daily calls and what they would do to collect the money from me.
I also fell for the Western Skys loan. I was approved for $1500 and only got $1000. I was able to make payments on time for a few months but now I can’t make any payments. The loan was so call transferred to Cash Call now its with Delbert Services. I put a stop pay with my bank. So, now I don’t know what to do. I don’t have the money to pay them. Any advice? Should I send a letter to them?
Took a moment to see what’s going on with Western Sky. Check out their website. I guess we’re supposed to feel sorry for them…
https://www.westernsky.com
Something must be going on with delbert services. At the beginning if November that sent me a special offer trying to get me to first pay 2,500.00 I didn’t respond due to I have paid my principle balance. This week they sent me another offer to settle with them for 1,000.00. I still have not responded due to again I got 1k in my checking account I have paid them over 1200.00. They don’t call me because I sent them a cease letter. I also pointed out that they weren’t liscensed in Wisconsin as a loan originator or collections agency. I also noticed they removed their verbiage that they were a licensed collection agency as well. Something is going on, it looks like they are trying to get any penny.
Danny,
What type of letter did you send to Delbert Services? I get calls from them all day long. I would say 8 times a day. I don’t have the money to pay them. I don’t know what to do.
You look up there website through google. Click on the complaints@delbertservice.com reference ur loan number make sure u cc yourself on the letter and title it in big bold letters do not contact tell th not to call -list whatever number u go by.
They will respond. Make sure u have sent them the revoke authorization email as well and request that u recieve all correspondents in writing. They will respond make u submit these emails 3-5 days before ur draft is due. If they tell u that can’t pay the bank fee and put a stop payment on the transaction.
I filed paperwork with our State Dept of Banking a few months ago on both Western Sky and Delbert Services (Cash Call, as well). They told me to stop paying it and contact my bank. I did that and stopped any future payments coming out of my account and got reimbursed for the previous payment that they illegally took out. Delbert sent me the same crap-letter about it being a legitimate loan through the Reservation and that I was obligated to pay them. I have not done so and will not do so at all. I was told to let it ride until the Feds got it all straightened out. Not one time has any of these companies come after me since this all took place. For those of you who are still paying them I would suggest stop doing so now and write a cease and desist letter to them for any future contact. If enough people do this I believe there will be two things come out of it: 1. a class action lawsuit on behalf of all people who fell victim to their scam and 2. they will go out of business all together and there will be no one available to scam people!
Hi Julie
I live in Florida and I am dealing with the same issue like all of you! I took out a loan in the amount of $5000 and have since paid back $2707.95 as of November. I initiated a stop payment late November so that there would be no automatic debit for December. The payment for December obviously did not go through and as a result, Delbert Services has been calling me using at least 6 or 7 different phone numbers covering various parts of the country. Previously, I was contacted by Delbert Services back in October and told them then i had no business with them and would not be providing them any approvals or signatures. That was the last time I heard from them until now! I am not sure what do! I could really use some assistance! Should i pay the remaining principal then send a cease and assist letter? Oh by, the way I also leared they are not licensed to do business in the state of Florida – neither them or Western Sky/Cashcall!! PLEASE HELP – ANYONE! Your advice would be greatly appreciated!!!
BTW, i did finally speak with someone today – who told me they took over in August and that they contacted me via email. That’s a bunch of BULL!!!!!
In Florida, the Florida Office of Financial Regulation’s Division of Consumer Finance regulates payday lenders. You can verify a license or file a complaint on the OFR website or call (850) Its Your Money (850-487-9687), if you have additional questions.
Consumers who take out a payday loan from a licensed lender are entitled to the following protections under Florida law:
•A borrower may borrow up to $500 per loan.
•A borrower may only have one outstanding loan at any time. This is tracked through a statewide database of all loans taken out.
•The maximum fee is 10 percent of the amount borrowed plus a $5.00 verification fee.
•The loan term cannot exceed 31 days or be less than 7 days.
•Certain contract terms that limit a borrower’s rights are prohibited.
•A borrower must pay a previous loan in full and wait 24 hours before entering into another loan. This period is designed to prevent loans from being rolled over into new loans and to give consumers the opportunity to consider other financial alternatives.
•If at the end of the loan term, the borrower is unable to pay the loan in full, the loan provider must provide a 60-day grace period without additional charge. The grace period is dependent upon the borrower making an appointment with a Consumer Credit Counseling Service within 7 days and completing the counseling within the 60-day grace period.
Remember, Before You Take Out a Payday Loan:
•Consider alternative solutions ◦Ask about delaying or making payment arrangements on your non-interest bills such as telephone and utility bills.
◦Talk to a friend or family member about borrowing money.
◦Ask your employer for an advance on your paycheck.
◦Set aside savings each month for future emergencies.
•Verify a license on the OFR website or by calling (850) Its Your Money (850-487-9687), option 1.
•Especially be careful to check the license if the payday lender is doing business online. Dealing with unlicensed Internet companies makes it difficult to resolve potential problems, and these companies may be located outside the United States.
I live in California and owe western sky/ cash call $3000. I’ve paid well over $3000 back to them but my interest is so high I haven’t even made a dent in the principal yet. Is there any hope for California residents. It’s become overwhelming.
It wa a $2600 loan but when I requested a payoff amount today it was $3000
Is there anything being done in nj with delbert services, I payed what I had to pay now I want it to stop
change your bank account i stop paying last aug 13 they cant sue you the only thing they can do is put it n your credit but soon that will be taken off!
Update: It is not that common for regulators to push their investigations and actions out to marketers, affiliates, and lead generators. But that is precisely what the state of New York is doing by announcing subpoena’s served on 16 payday loan marketing firms today.
You can read the press release from NY Governor Cuomo’s office here: https://www.governor.ny.gov/press/12032013Illegal-Online-Payday-Lending
There are good tips and great action items for New York residents contained in the release.
The 16 payday loan lead companies receiving the Subpoena’s are:
Allied Cash Advance
Bahamas Marketing Group, Inc.
Blue Global, LLC d/b/a 100DayLoans, HighSpeedPayday
DJR Group, LLC
Fix Media Group, LLC d/b/a We Fix Money
Hydra Fund II
LightSword, LLC d/b/a Aero Advance
Payday Loan Ranger
Payday Mobility
PayDayForest
PayDayMall
Personal Cash Advance
Selling Source, LLC d/b/a MoneyMutual, LLC
US Cash Loans
ValleyTrust
WebMarketerLive d/b/a JustClickHereLoans, CashMoneyNow
This is great news! I saw it in our local paper as well yesterday. Hopefully, these predatory loan people and the lead companies will all be shut down.
I know i have posted on here on numerous times.I have posted on a legal website and i posted that got a loan through a company that was shut down by the ftc it was then transferred or sold to another company then it was transferred or sold to to a collection agency.I have not been late on payments in my state they have enforcement actions against the companies due to they are not licensed in my state of pa and there loans interest rate exceeds the 6% per annum allowed by law.I stated i have filed complaints with my state dept of banking,ftc,and the cfpb.My question to this legal forum was why hasn’t anyone filed a rico act against them( money laundering and corrupt organization.) You would think that would be a good question.Well it seems to them it wasn’t they said it wasn’t the place for this question.It seems there are a lot of lawyers that don’t want to answer this question.If they violate at least 8 state laws then it would be able to prosecute under this act which we all know they have.It just seems to me they are fighting every state that sues them.
I filed another complaint with the FTC. They have responded they are aware that it is a duplicate, but will continue to work on it nonetheless. I also filed a complaint with the New York State Attorney General’s Office November 29th and this morning, with the Better Business Bureau. The BBB does not have a score for Cash Call as of yet. Their website says “BBB Business Review on CashCall Inc is being Updated by BBB!”
The loan origination amount was $1000 plus $500 prepayment fee/ finance charge, the annual interest amount is 233.22%. I will ask my credit counselor to remove Cash Call from the re-payment plan, what will happen when Cash Call comes after me?
Kelly – You will receive collection calls and letters. You can respond to those in a similar manner others posting on this page have done. If anything comes up that you are unsure how to handle post a comment and lets go from there.
Would you estimate that you paid Cash Call the principle back by now?
the $1000 principle amount I’ve borrowed has been paid back and plus some. I called my credit counselor to stop making payments to Cash Call and I wrote a letter to them advising that the principle amount has been paid in full, they were not legal to provide the internet loan in the state of Indiana in addition to the sky high interest rate and to not contact me since I will not be paying them anymore since I am not obligated too. I also wrote a complaint to the Indiana Department of Banking. What will be the outcome, I do not know, in time I will find out.
Hi. I got pretty fed up with being fleeced by my Western Sky loan. After 2 years of payments I was disheartened at how the amount keeps climbing not even if I picked a payoff in full date. I picked a date 2 weeks from now and the pay off was $300+ over what I borrowed. A full pay off on Feb one and the payoff was $600+ over what I borrowed. I’m posting this in hopes of helping some of the rest of you with your problems which many are much worse than mine.
First I found this website article https://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html which helped tremendously
I’ve had a loan with Western Sky and one with Plain Green. On both I have paid the principle back and horrendous amounts in interest additionally. I’ve used the letter below to stop both of them. Delbert Services has really tried pushing the Tribal law thing but it doesn’t hold up to make the loan valid. Here is my letter to them. Maybe it will help some of you. The FTC is fighting them, so please keep your hopes up for resolution. And do make effort to pay the principle. They did give you the money to help you and it should be paid back. I just wanted to stop the horrible interest bleed. I would have paid $13000+ for a $2600 loan.
To Whom it May Concern at Delbert Services Customer Service,
This is an amended notification to my previous emails to insure clarity of my position. There was a payment withdrawal on 12/2/2012 from my bank so I have amended the previous notification amounts to properly reflect the facts. My revocation of authorization to debit my account still stands and I am demanding a Paid in Full letter.
I am also requesting that you do not call me and remove my phone information from your records. You may contact me only in writing via email or postal service. Your call with an offer me to “help me” by lowering my interest rate is rejected given I have already paid nearly three times the principle at current rate.
In your phone call you asserted to me that you were operating under Sioux law and not the law of the states I live in. The head of the Native American Financial Association, Barry Brandon, seems to disagree with you by stating in the press the following:
He continued, “Western Sky Loans does not abide by these consumer-friendly practices, is not an enterprise wholly owned by a federally-recognized tribe, is not regulated by a tribal regulatory lending authority, does not operate according to tribal law, and breaks the covenants meant to benefit tribal governments and their members.”
Reference: Karmasek, J.J. (August 13, 2013) Head of Native American association applauds N.Y. AG’s lawsuit against Western Sky. Retrieved from https://legalnewsline.com/news/243531-head-of-native-american-association-applauds-n-y-ags-lawsuit-against-western-sky I don’t think I need to list any of the legal rulings such as in NY.
I submit this FTC brief https://www.ftc.gov/os/2013/09/130913paydayfinancialbrief.pdf as an answer to the erroneous claim that the Tribal Court has jurisdiction.
It has come to my attention that lenders must be licensed by the state of Missouri where I lived at the time the loan was originated and also in Washington where I now reside, in order to offer/originate payday or installment loans to residents. Since Western Sky and your company have no license in either state, the loan contract I have with you is not valid. The interest rates are also above those allowed in either state. Although I am not legally required to do so, I am willing to repay the principal balance of this loan. I received a deposit of $2525 on about (11-11-11) for a loan amount of $2600 minus a $75 processing fee held out by Western Sky. To date, I have had 1 payment of 165.75 and 24 payments of 294.46 in monthly withdrawals debited from my account. This totals $7232.79 resulting in an overpayment of $4707.79. The use you have had of the extra money I have paid in interest should be compensation enough for what would have been reasonable interest on the loan.
At this time I am repeating my request for a return email acknowledging that my loan has been paid in full. Also, I would like a refund of the $4707.79 overpayment. A refund check for the $4707.79 amount should be mailed to me at the address below which should match the address you have on file:
(Address removed)
You may also return my money via wire transfer using the same information you have used to debit my account.
I am also revoking authorization for ACH (EFT) withdrawals and any wage assignment I may have signed. Copies of these revocations are being given to my bank and my employer. Any future attempts to collect funds in this manner will be blocked.
Please respond to this email with acknowledgment that my account has been satisfied in full. Details of when I can expect the refund check, as discussed above, should also be included in the email.
I will be reporting this to the FTC and the BBB.
Just to let you know i went on the bbb updated website today and tried tried to get information on cashcall and delbert services to see what score the bbb has given them and it appears they keep redirecting me to my local bbb either they are protecting these lenders or there is a clitch.Try yourself and see the only report they are giving is about westernsky.
I also fell victim to this Western Sky/Cash Call disaster (I can only blame myself for being in a desperate situation and borrowing money where I could). I had to close my bank account and I enrolled in a Credit Counseling program and also wrote a complaint with the Attorney General’s office back in late Spring 2013. The complaint result was completed back in the summer. Early last week I was given a “State of Indiana – Department of Financial Institutes Notice to unlicensed Indiana Lenders who are soliciting Business in Indiana. I don’t know what I am supposed to do with this situation? Should I contact the Credit Counseling and advise them to cease making payments to Cash Call? Also I never understood the whole Western Sky/Cash Call, Inc. I initiated and signed my loan with Western Sky and just figured they sold the loan to Cash Call, I did not realize that Western Sky was actuall a ‘front’ for Cash Call. I would also like to know if we would be getting money back? IF not, I would just like to stop paying them and get them out of my life.
Kelly – You should be able to contact your credit counseling agency and remove an account like Cash Call from your debt management plan. How much of the principle balance remains to be paid?
Hi Kelly I too live in Indiana and obtained a loan from Western Sky in December of 2011. Recent I became aware that the CFPB had filed a lawsuit against them regarding deceptive loan and collection practices. I filed a complaint with the Attorney Generals office but have not heard anything yet. Can you tell me what the AG office advised you regarding your complaint? I also filed a complaint with CFPB, that was concluded this past week. In the response from Cash Call they stated that Delbert Services had agreed to reduce my interest to 20%(the allowable rate for the state of Indiana) however i did not agree purely becuase I have already paid the principle amount in full and 100%+ of the principle in interest. You may also want to contact the CFPB and file a complaint. I also sent Delbert services a copy of document you referenced in your comment along with a copy of the CFPB lawsuit. Hope this helps I for one will not make any further payments as I feel i have met my obligation to them.
The attorney general didn’t really say much, but I did receive a letter from cash call back in May 2013 outlining my loan. Ever since things have been happening with CFPB, I have not written a second complaint to the AG. In November I stopped making payments to Cash call. I had taken out a $1,000 loan plus their $500 upfront fee. They have been paid a total of $2,414, well over the $1000 principle amount. I have not received any phone calls from Cash Call and I have not had to deal with Delbert Services at all. I want to write another complant to the AG and CFPB, however, I don’t know exactly what to write them.
I to fell victm to WesternSky/Cash Call/ Delbert Services loans. After paying over $2800 in payments the principle had only dropped $6. When I started receiving calls from Delbert that I need to sign paperwork for them, I became for uneased about the loan and who Delbert is. We had not received any notification from a Cash Call about the loan being transferred. We contacted theAttn General’s Office in Indiana. We did get a call from a Cash Call rep within about 10 days and an e-mail that was supposedly sent (did not rec) from them asking us to make sure that we contacted the Attn General’s Office to tell them this had been straightened out. Which we did and borrowed money from a friend the pay off the principle owed. A week after paying off the principle, we received a letter from the Banking regulators stating that Cash Call is not a licensed lender. My question is, can or would if be worth it to try recover some that or all that intrest money?
I have the very same story as everyone else. $1500.00 loan ($500) loan fee, payments 198.19 to this date I have paid 3963.80 and have filed a complaint with the Florida Office of Financial Regulation. I cannot close my account but have put many things in place with my credit union. I am a Navy vet and wish I had not needed the money when I did. Good luck everyone. My bank has alerted me that if Florida wins the lawsuit I may be entitled to recoup some of the funds.
I took out a $2500 loan with Western Sky in April 2013. Delbert has the loan now. I knocked the principal down to $600 on 10-15. They usually send me an email alerting me of the pending debit each month a few days before the 15th. This month, no email and no debit occured. Did something happen to stop them from debiting my account? I’m in New Jersey.
Thank you for the information as I have been calling the banking commission and one other entity trying to find out if they are legal/or help. Do you know how to find out if Delbert Services/Cashcall/Western Sky is leal in VA since they are not payday loans but installment I am assuming that is different? I took out 5k loan Oct 2012 and paid through June when I stopped receiving child support and could no longer afford so I asked to work with me on payment and they deferred it for 2 months which helped but not enough. I have refused to give them new bank inforation because I cannot afford it still. I have started getting the offers via email which reduced the interest rate to a wonderful 89% !!! but that doesnt help much. Has anyone had them follow through on doing anythig after not accepting their modification offer? I am wondering if anyone has tried to settle for just amt borrowed. My biggest concern is it continuing to be reported on my credit
Sorry Ralph I meant to post that with a comment above
I had taken a loan out with Western Sky ealier this year because like everyone else, I needed the money. Not even a week later I get notification that it has been sold to Delber Services. The original amount of the loan was $2600 but accordingt to the paperwork I now owed $13,839.62. I have read several posts from many other people about this company. I sent Delbert Services notification that I do not believe that I owe that amount and refused to pay that. I since then have done research on them and Western Sky neither are legal here in Oklahoma. Today, November 27, 2013, I get a letter dated November 19, 2013, that I have until November 29, 2013 to contact them to accpect a settlement amount of $2080 or to accept 8 payments of $325 beginning no later than November 29, 2013 and continuing on the 15th of each month to avoid further action. I have read that Western Sky, is no longer in business but that is who I borrowed the money from and that is who I need to make payments to. I am at a loss. What if I disregard this letter and make payments of what I can to them starting in 2 weeks? I will be in a better financial situation. Thanks for letting me vent and for any advice.
I have a loan with with westernsky/cashcall/delbertservices for 2600.00 and have to date paid back 3,352 .00 The state of georgia is suing them for illegal loans. I have closed my account and not 20 minutes later i get an email from a company called EZ CASH warning me that i will be sued. Is this legal what should i do? They keep changing there name and i have finally opened a new checking account. Any advice would be helpful . Thank you. ( I am a Georgia resident )
Immediatly contact your states attorney general or dept of banking.