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 also a victim of Western Sky/Cash Call/Delbert Services-My husband and I each opened a loan with Western Sky for $2500-
When we had taken these loans out, we agreed that it would be 36 months. Last year- September/October, we received an email from Delbert Services- telling us that our loan had been transfered to this company.
I was upset at first, because online they are listed as a collection agency, and I hadn’t missed any payments, so i called them. They informed me that they just transfered the loan to them, and nothing has changed. Everything that was in affect before, is the same.
I got online access to our accounts- and noticed that our loans are not for 36 months- they are now stating 48 month loan. I tried to find my original documentation from Western Sky, but haven’t been able to find it. I know that I did not agree to 48 months- Between the two loans we have paid $13,865.00 for borrowing $5050.00- I checked our balances today- and we owe more now than what we borrowed. How is this even legal? How is it legite to pay this much back- and now owe more than what we borrowed. I don’t know what to do- we are paying $590 a month – we are getting ready to buy a house, and I can’t have anything negatively affect my credit. I know that these are on my credit, because the mortgage co. asked us about these. When it was Western Sky, they did not report to our credit. I am not seeing anyone else in WI with these issues- does anyone else in WI have or had a loan through them that they are now fighting? I really feel that they are in some kind of violation for taking all these payments, and having our balance higher than what we borrowed. They state that we still have 15 more payments left on my husband’s loan, and 32 payments for mine. I want to seek out legal help on this. I did put a complaint in with the State Attorney Financial Office, and hope that this helps. Any other advice would be appreciated. I want to stop the ACH payments, but fear destroying my credit. HElP!
Hello, In 2010 took out a Cash Call/Western Sky loan, agreeing to ACH debit payments. All was well. I repaid the loan within 8 months with no penalty by requesting a total payoff balance. In 2012 I needed money for emergency auto repairs, so I took out another loan with them. Unfortunately, I wasn’t able to pay this one off as quickly. After 12 months of making every payment on time in full, they sold my loan to Delbert Services. This company began debiting funds from my bank account without my knowledge or consent. When I inquired as to who they were and stopped their ACH debits they began Collections calls to me between the hours of 5am to 10am everyday. Even after advising them of the time they continued to call. I have filed claims against them with the BBB, Attorney General (of 3 states) and FTC. Delbert Services is a collection company and my account was not in collection status, late, or unpaid. They had no authorization to access my bank account, but Cash Call/Western Sky shared my personal bank account informatino with them. After speaking with DS I requested a payoff balance and sent them a lump sum cashier’s check. They refused to apply the funds to my account, disposed of the check, and posted derogatory nonpayment status to all three credit bureaus. Not only is this noncompliance of my original contract, but I believe this is a violation of my consumer rights on several levels. My point… Borrower’s Beware !!!!!!
Can someone please answer me regarding the State of Rhode Island. I posted before and have received no replies. PLEASE PLEASE LET ME KNOW.
Thanks
Since all of these are online contracts, whose state laws apply? While I’m a California resident, I was actually in Texas at the time of taking this loan. My loan contract says the laws of California govern it. Do others’ contracts say the same since the company is from California? Or do they have your home states as the applicable law?
I’m just wondering how online contracts cannot have all the same rules. If invalid in one state, why not everywhere. Or at least maybe the argument can be made in court.
This information below is in my contract. I took out the consumer loan with Western Sky and I took out the loan in Indiana and reside in Indiana.
GOVERNING LAW. This Agreement is governed by the Indian Commerce Clause of the Constitution of the United States of America and the laws of the Cheyenne River Sioux Tribe. We do not have a presence in South Dakota or any other states of the United States. Neither this Agreement nor Lender is subject to the laws of any state of the United States of America. By executing this Agreement, you hereby expressly agree that this Agreement is executed and performed solely within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation. You also expressly agree that this Agreement shall be subject to and construed in accordance only with the provisions of the laws of the Cheyenne River Sioux Tribe, and that no United States state or federal law applies to this Agreement. You agree that by entering into this Agreement you are voluntarily availing yourself of the laws of the Cheyenne River Sioux Tribe, a sovereign Native American Tribal Nation, and that your execution of this Agreement is made as if you were physically present within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native American Tribal Nation.
From what i read this seems to be the issue the Cheyenne River Sioux Tribe has no laws governing unsuriuos rates and they don’t recognize arbitration that so far has been proven with inhibitor verses cashcall.And these loans where made from a person whom was licensed by south dakota not the tribe.The tribe did not issue these loans to benefit there government.It was a member of there tribe for his own personal gain.That is according to all these complaints that have been filed.
Rocco,
Keep reading, The NC AG already investigated it: https://www.ncdoj.gov/getattachment/a7ac9131-6e4d-4a28-b78f-1be3cf19143d/CashCall-Complaint-Final-12-16-2013.aspx provision #32 specifically states: “The laws ofthe Cheyenne River Sioux Tribe expressly ban usury, and provide that the violation of the Tribe’s usury statute is a criminal offense. Specifically, Section 3-4-52 ofthe Cheyenne River Sioux’s Law and Order Code prohibits the charging of interest greater than 18% per annum for loans in excess of$100.00.”
Supposedly, Exhibit F shows the actual tribal code as well, but it’s not attached to the document I linked above.
As you stated, Mr. Reddam nor Mr. Webb are the Tribe themselves, they are members and subject to the laws of the tribe. To say they enjoy the same allowances as the Tribe is to say that being a resident of NC allows me to take direct Federal loans and programs because I too am a state. What they argue for is that the Federal government doesn’t have usury laws and therefore they have not bound because the Constitution of the US governs Indian Affairs, not that the CRSTribe doesn’t government. They are claiming they are the tribe!
I’m seriously considering taking these scumbags to JAMS (arbitration) and arguing that I should has the 18% APR applied to me loan retroactively. I’m not behind on my loan, but this month a partial payment would make the total of my payments equal to the original principal and I don’t intend to pay any more unless my AG cuts a deal. Hopefully, the loans will be ruled illegal and I don’t have to pay anything more. Good luck everyone!
I wrote a complaint to the Indiana State Attorney General’s office last summer (2013), not much came out of it, in November/December 2013 I recieved a letter from the Attorney General’s office that was given to them from the Indiana Department of Finance Institutions a notice to unlicensed Indiana Lenders who are soliciting business in Indiana. When I discovered the CFPB filed a suit in December 2013, I wrote another complaint to the Indiana State Attorney General office, as of now I have not heard anthing, so I sent an e-mail to get any updates. I was advised that my second complaint was combined with the original since it involved the same companies and I received another e-mail advising me that they are handling the Western Sky, Cash Call, Delbert matter. Indiana has not taken any formal action yet but they are moving forward. I just wanted to share this with those of you that have a loan from Western Sky/Cash Call/Delbert who reside in the state of Indiana.
I have a Western Sky loan with Delbert, I was traveling and needed money quick, was in a different state then my home state and have moved since. The loan has my old Tennessee address.
Do I deal with Tennessee or my current state (WA)? I have paid appx $3100 on a $2500 loan. My last payment paid $5.12 toward principal and interest of $289.34
Help?
Michael, here is a link that may help explain Chase’s policy on payday lender
https://dealbook.nytimes.com/2013/03/19/jpmorgan-reining-in-payday-lenders/
Michael, I guess the previous thread of comments didn’t allow for any other posts. I agree that the issues with the credit reporting is contradictory but since I haven’t made a payment since December and the payments for December and 2 months prior have been redeposited to my account by my bank. I thought I would see some negative activity as well but maybe not.
I guess at this point I will continue to wait on a reply from my AG office or the out come of the CFPB lawsuit.
Sorry about that. There are more benefits to limiting each string to 10 comments than there are drawbacks.
I’m so glad I took the time to contact the AG’s office and file a complaint! It was well worth the effort. Also…lesson learned.
P.S. Thank you, Michael, for providing this forum so people like me don’t feel like they are the only ones in this mess!
That’s great Tina. I too managed to finally get Cashcall of my Experian and all the other credit reports!
That is so great………I wish Ohio would get on the ball. They are not doing anything. I tried the CFPB but that only went so far. I haven’t been able to get my credit report cleared.
Hi JR, how were you able to get Cash Call and Delbert Reporting off of your credit report?
I received a letter from the New York State Attorney General’s office yesterday, the gist of which is:
Refunds: Under the terms of the settlement agreement, certain borrowers will be eligible for a refund. A borrower is eligible for a refund if he/she (1) received a loan from Western Sky while a resident of New York and (2) paid Western Sky, CashCall, WS Funding or an entity collecting on their behalf more than he/she received from the loan plus the legal interest rate of 16%. Refunds will be distributed by a third party administrator, Reinberg Rozen LLP. By the end of May 2014, the fund administrator will contact each New York borrower with additional information on submitting a claim form. To receive a refund, a borrower must submit a claim form to the administrator.
In some instances, the loan may be modified.
Category 1: Borrowers that have paid Western Sky, CashCall, WS Funding, or an entity collecting on their behalf more than they received from the loan – Cash Call will reduce the principal balance of the borrower’s account to zero and cease all collections.
Category 2: Borrowers that have paid Western Sky, Cash Call, WS Funding, or Delbert Services less than they received from the loan – CashCall will reduce the principal balance of the borrower’s account to the difference between the amount the borrower received from the loan and the total paid by the borrower. The interest rate will also be reduced to zero.
Credit History Adjustment: Credit-reporting agencies that maintain a record of the loan will be notified that records reported by Western Sky, CashCall, WS Funding or an entity collecting on their behalf should be removed from the borrowers’ credit histories.
So, yay! I’m psyched that this debacle will finally be resolved and my credit history will be repaired!
Nicely done New York! Thanks for posting your update Tina.
I live in NYC and got my settlement packet today, too. I remember this particular loan.
I received this email from Delbert Services today. Had anyone else received this and ignored them? If so, what happened next. I am from Wisconsin and I have been ignoring them for two months.
March 27, 2014
Re: Loan ID 27285718
Dear Customer:
On or after March 17, 2014 Delbert Services sent out an offer to you that had an expiration date of March 28, 2014. If you need a copy of these documents please feel free to contact Delbert Services at 1-877-983-3523 and we will happily forward the information to you.
Upon completion, we will wipe the slate clean and you get a fresh start with Delbert Services. We will report your loan as CURRENT to the credit reporting agency.
Don�t let this incredible deal pass you by. Act NOW, or if you have any questions about this fantastic deal, please give us a call. We are here to help you!
Return the signed Modification Agreement via fax to: Delbert Services, Attn: Loss Mitigation Team, 855-983-3523.
Sincerely,
Delbert Services Corporation
877-983-3523
I received an email like this today. Mine says I have to send ONE payment and they will make my loan current. It is a PDF and five pages long and among other things says I give them permission to do an investigation of my ability to pay by contacting my employer, getting a credit report and anything else they want. Guess they think I am stupid enough to sign something like that. I have never said I cannot pay, my premise is that I have repaid the principle plus more and I consider it paid as it is an illegal loan in my state.
My state Attorney General office rep has said that these loans are not collectable in a state in which Western Sky and Cash Call are not licensed. They do not know of any lawsuit being brought in our state from these companies.
For those interested, there are some great takeaways in the CFPB report out today about payday loans: https://files.consumerfinance.gov/f/201403_cfpb_report_payday-lending.pdf
I live in California and needed money and applied for a Cash call loan of $5000. I have paid over $11 k and lost my job and was not able to pay. For about 6 months I paid $150 for 6 month but it was killing me because I am a single mother and have two kids. I had closed my bank account and I have received calls letters from Smith and associates. I don’t know what to do I have had the depth for a long time and it keeps growing I refuse to pay . I have paid double of what they gave me and my balance is growing. They keep calling me and writing me I want this depth to disappear. Does anybody know what I can do and what my rights are .I greatly appreciate any help!
I live in RI and have a loan with Western Sky for the amount of 2,600.00. Cash call and now Delbert is taking my payments. I do not believe that I have signed anything that is allowing Delbert Services to withdraw from my account. I have paid back almost all of the 2600.00 that I had borrowed. Does anyone know if the state of RI is doing anything with this issue. I am seriously thinking of stopping them from taking money from my account. I am nervous about the outcome if I do this, but reading all of these emails above I think that it might be the right thing to do. I do not want to be taken advantage of. Please let me know your thoughts and what to do.
I would like to thank everyone for posting their experiences and keeping this movement alive. I took out a loan from Western Sky in May of 2013 I have been making my payments quietly while struggling. I went through all the transitions, cash call and Delbert. 2 days ago I called Delbert Services to ask for some sort of modification or help to lower my payments in some way due to hardships. I have new medical bills and all of my regular bills are skyrocketing and my income has not changed. They would have no part of any modification or relief. I immediately started researching my options, debt consolidation or something like that. If it had not been for their denial of help I would have never known that there was an issue in the initial lending process. I have paid over $2700 for a $2600 loan and my principal balance is almost $2800. I have filed complaints with the BBB, the CFPB, the Michigan Department of Insurance and Financial Services and the Michigan Attorney General. I have notified Delbert that I have revoked their permission for my ACH withdrawal and I consider my loan paid in full. As of right now I haven’t gotten much of a response. I did speak to the DIFS and fhe DIFS of Michigan says that Western Sky was not licensed to do business in the state of Michigan so the validity of the loan is questionable however Delbert does not need to be licensed to collect on the loan, but because there is validity issues with the origin I may not be bound to the terms (although I would have to pay the principle more than likely). The DIFS has issued a cease and desist to Western Sky last year and there was a court date but nothing was ever followed through and as of 3/19/2014 they are still investigating but nothing further has been done. I have never been late on a payment and I never questioned anything, if I had not sought assistance for making the loan more affordable during my time of need I would have never known there was a problem THANK YOU Delbert Services Corporation for not assisting me! I will do everything in my power to assist in taking down these scammers.
Some news out today related to payday/online/micro lending and tribal immunity (Western Sky has argued this): Judge rules against online lenders
I spoke with the consumer protection folks in California and they said Cash Calls can charge us whatever they want in California. The law for loans above $2,500 allow for just about anything. How can each state be so different and if the federal government is involved, why wouldn’t decisions impact all loans?
Apparently my last comment did not get posted. Here is the deal. I have joined others in this fight by filing a complaint with the CFPB and the Wisconsin Department of Financial Institutions. This must be done in order to obtain a paper trail and to expose Delbert Services. I think everyone fails to realize that Western Sky the originator and initial servicing of the loan has been FEDERALLY shut down AND their loans deemed void due to the fact that they were fraudulently made. Just because Delbert Services chose to purchase these loans is their problem. I have over the past 2 months been getting calls from Delbert even got an offer to settle. Food for thought…why would a company who claims to have legal collection rights, settle for thousands at a loss. Further, if you have taken action against Delbert you will find that they continuously respond as most of you have experienced with the following paragraph which is key: “As background, Western Sky is a wholly Cheyenne River Sioux Tribal Member owned business and is located and operates within the exterior boundaries of the Cheyenne River Indian Reservation. Western Sky loans are initiated, approved, issued and disbursed within the confines of the Cheyenne River Indian Reservation. Western Sky is licensed with the Cheyenne River Sioux Tribe”. This means that Delbert can’t touch you unless they reside in South Dakota and within the Cheyenne River Indian Reservation as the note states that only members within the reservation can enforce the loan. Even further, the only way that Delbert can do anything to you is if they are licensed in your state. They are not in Wisconsin, so they cannot legally collect on any loan even if it were legal. In this case the notes issued and serviced by Western sky have been deemed void and fraudulent. We all need to file complaints with the CFPB for starters. Now, even if Delbert is licensed to collect in your state use the above statement that Delbert continuously uses to push enforcement against them. You see, the tribe protected themselves with this language and in turn protected you under tribal laws as well. No entity outside of the reservation can sue you. They can scare you but not sue. They can even put something on your credit report unless you get smarter. File the complaint, Delbert will send a response that will help you stock up on ammo. Use this letter against Delbert and state to any credit reporting agency that you can’t be sued by anyone outside the reservation. By the way, Cash Call and Delbert are in California and more than likely are only licensed in a few states. Now show this information to anyone that you need to clear your name with and you will find that once they read the language in the paragraph I listed that they have to consider that Delbert is illegally collecting and reporting negative information. Also use findings that the CFPB puts against Western Sky as they are paving the way to represent any loan originating and serviced from Western Sky as being null and void under fraudulent practice. This helps you to prove that there are ongoing investigations and that you were “scammed” and therefore the claims presented by Western Sky which no longer has a voice, or Cash Call or Delbert Services are trying to collect on fraud. I am not an attorney but I am a Business Analyst by trade and analyzing the responses, and the quick “we will forgive you” tactics by Delbert shows that they are only pursuing us to obtain as much money as they can even if it is illegal. We make it “technically legal” (this is what the guy at Delbert says) technically legal when we pay them the money they ask for. There isn’t anything illegal about giving your mom or sister money when they ask for it is it? Think about it.
Hey I just found out that the state that I live in, New York sued CashCall, WesternSky and Delbert services, and won a major victory in court. CashCall settled. And since I had a loan out with WesternSky and then CashCall because they took the loans over, I realized that the loans were considered “Null and Void” by the state and the court, so I immediately called my bank, and had 3 months worth of payments PUT BACK into my account, because the bank said that it was the most I could go back with. The bank said that estigating the “fraud charges, that it was verrified, and I had over $2239.17 put right back into my account the next day. That’s right, and this was a couple of weeks ago, and I have not heard “Boo” from CashCall. So this must speak volumes. And just let them even think of calling me up.
I live in NY as well. Which bank do you use?
Cheyenne Sioux River reservation members. Sorry I butchered the tribal name in my post.
I have not received anything further from Delbert, Western Sky or Cash Call but today I received a letter from our state Dept of Banking attorney. He said Delbert’s attorney contacted them and stated my loan balance had been “written off”. I am clarifying with them what that exactly means, as I have received nothing to this point from any of the three. To me, written off means it has just went into collection status and that they will sell the debt to a bottom feeder and will come after me for it. I have brought this up to the State attorney to see what can be done, if this is indeed the case. If it is not what they mean by ‘written off’ then what exactly DOES it mean? Has anyone else received this or a similar message? They have never sent me an offer or anything (not that I would agree to one to begin with, but still…) I see many of you who have posted on here, have received this ‘offer’. Has anyone heard their debt is now ‘written off?’
This is an accounting term they used it to write off the debt used for irs purposes and not to mislead there investors they can still sell the debt.Goggle write off and you will see.
Julie,
What state are you in ?
Nebraska
No iam in pa awaiting my dept of banking to go to court with these entities.
I don’t know who there investors would be other the mr reddam himself or whatever his name is it has been proven that they don’t act as tribal government it is one not even full indian acting on his own behalf with a license from the state of south dakota. After i took out this loan i have been googleing everything about this issue iam now an informed consumer and these people are definatly rpping people off i wish i would of done it before this stupid loan!!!!!!!!!!
The question is, in states with laws similar to NY, such as where I live in NC, would it be possible to just take them to arbitration and cite the facts from the NY case? I believe in that one they pointed out that the tribe has the authority to do certain things under Federal law, but that a tribe member is not privy to the same. I even read somewhere (possibly in one of the filed AG lawsuits) that on tribal land the actual max interest rate is 18% or something like that.
Michael Bovee, would it be wise or possible to take them to JAMS arbitration and cite the NY federal case as precedent?
JJ – I would better be able to comment about whether initiating arbitration with JAMS can serve an individual’s strategic purpose, if I knew what the end goal of doing so was?
What is the verbiage of the arbitration clause in your agreement?
Good news! (For me anyway, but I suspect, for some of you, as well soon!) I received a copy of my original Western Sky Loan Contract from Delbert that contained a “PAID IN FULL AS AGREED” stamped on it! It seems that whatever took place between Nebraska’s Department of Banking and these crooks did the trick. I am very thankful and relieved for this but I will also continue my efforts to keep others from falling prey to them in the future. I hope to see this result or even better for all of the people who were victims of these criminals.
IF YOU ARE STILL PAYING THEM (DELBERT OR CASHCALL), PLEASE STOP FEEDING THIS DISASTER! IT IS A WASTED EFFORT AND THAT MONEY COULD BE UTILIZED TO FEED YOUR FAMILIES OR PAY LEGITIMATE DEBTS. IF WE ALL STAND TOGETHER, THIS MADNESS WILL STOP.
Good luck and keep in mind, there IS HOPE!
That is good news for everyone there,.I haven’t got one of those letters yet iam still awaiting my state to go to court.I have a feeling that the federal ruling in nevada may have something to do with this.Where a federal judge ruled that the ftc can regulate tribal lenders it is a big win for the ftc.
That is fantastic news, I was receiving settlement offers via email and through the USPS but have not recieved anything in a few months. Hopefully I will be receiving something similiar soon!!!!!!
Julie
Did you file a complaint with the State Department of Banking and Finance? I have contacted the Attorney General in Nebraska and filed with the CFPB. I am sending Delbert a cease and desist order and have closed my account that they draw on. I would like to contact you to learn more about how you dealt with this. My email is garymbenson.gb at gmail dot com if you want to contact me directly.
Thank you
Gary
[Edited commenter email so it appears less spam friendly]
Gary,
I did file a report with the Banking & Finance Department. I will email you with the details of what I did on my case. Mine was taken care of and I owe nothing. I have a signed contract stating paid in full now. To date, there is nothing showing up on my credit report from these scum.
I will get an email out to you today. If you haven’t heard from me, feel free to email me at jewells67 at me dot com.
Good luck,
Julie