• Report: #958116

Complaint Review: CashCall Inc.

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  • Submitted: Sun, October 21, 2012
  • Updated: Wed, November 21, 2012

  • Reported By: Margaret G. — Texarkana Texas United States of America
CashCall Inc.
Internet United States of America

CashCall Inc. Western Sky Will not apply extra payments to Principal as I have requested over and over. Internet

*Consumer Comment: CashCall and neither can Wester Sky cannot sue you

*Consumer Comment: Question for Jade

*Consumer Comment: Western Sky/Cash Call is illegal

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I saw an add on TV for Western Sky saying they made loads for people with questionable credit.  I applied and was contacted about the loan.  After I received it, I was informed CashCall had bought my account and they would be collecting the money.  I made arrangements for the amt. to be taken out of my acct. each month.  I sent extra money each month in the mail to be applied to the principal on the account.  I called to verify they received it and applied it to the principal.  '

They told me it was, but when I checked acct. online, it had been applied to interest.  I have asked several times for it to be corrected but nothing has changed. I started out thinking I was dealing with a bank and it turns out I'm working with a call center.  I'm very disappointed and upset that I will not be able to pay this off early.  I even asked it I would be penalized for early payoff and was told, "No". What can be done about this and has anyone else had the same problem?

This report was posted on Ripoff Report on 10/21/2012 11:56 PM and is a permanent record located here: http://www.ripoffreport.com/r/CashCall-Inc/internet/CashCall-Inc-Western-Sky-Will-not-apply-extra-payments-to-Principal-as-I-have-requested-o-958116. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

CashCall and neither can Wester Sky cannot sue you

AUTHOR: Jade - (United States of America)

The way I understand it from talking with a law office for such situations as this, Cash Call cannot sue you because the originating loan was through Western Sky.. also just like in VA Internet payday loans are Illegal in GA..It is against the law for an internet lender to give a loan to anyone that resides in the state of GA..I also found this info online.

http://law.ga.gov/payday-loans

Which states that Currently, there are no lenders licensed to make payday loans in GA over the internet. You can also go through that link and search licensed lenders that are bound by the usury laws in your state.

Western Sky tries to get around the laws by calling themselves installment loans but they are not licensed and they are not abiding by usury laws..and because they are not licensed in your state the contract is void. If they attempted to sue they would be revealing that what they are doing is actually illegal. Although Cash Call may be a licensed lender in another state, they are not in yours and they are not in the state of Virginia and the original loan started with Western Sky..File a complaint with http://www.ftc.gov/ and with http://www.consumerfinance.gov/

The more complaints they have on this company and others the more something can be done. I am also contacting the Gov and my legislators about this company and Cash Call ..but its also education for the rest of us out here. Without us these companies cannot stay in business, so if we dont use them there is no one for them to take advantage of...West Virginia just this year sued Cash Call and won big time for their residence. They were violating usury laws and the Fair Credit Collection Practices Act..Cash Call had to pay millions of dollars to the residence of West Virginia.

If Cash Call is harassing you at home and at work you can either write them an email or a Cease and desist letter(which would be better for proof) or if you are on the phone with them let them know you wish for all communication to be done in writing and they are not allowed to call you at work or home and they must stop. It is short term for the moment w/ long term headaches as well.  After educating myself on this,and finding out they are illegal I will never ever do this again. I paid them enough to cover the principal and I will not pay them another dime. I actually over paid them by almost $200.00 but they will not get another dime from me. 

I hope this does help and I will continue to help others as well
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#2 Consumer Comment

Question for Jade

AUTHOR: gamama - (United States of America)

Thanks for sharing that information in regards to how to proceed with correspondance from Cash Call. But I had a question Jade: I live in GA, What do we do if we are summons to court by cash call or are they able to do that?
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#3 Consumer Comment

Western Sky/Cash Call is illegal

AUTHOR: Jade - (United States of America)

I had a similar incident with Western Sky/Cash call.  I got the loan through western sky and with a week they sold it to cash call. I continued to monitor the money taken and kept checking the balance. I started realizing that my payoff balance with them was not going down. When I looked at the payoff for today and it said 3600.00 even though I had paid them 2700 over the last year on a loan that was suppose to be 2600 but was actually 2525 because they took $75, I stopped paying anything else to them. I have paid them their money and I will not send them a dime more. They call my job constantly and they call my cell phone and I will not be bullied by them. As I stated before they have received 2700 from me and they will get nothing more.  I have also found out in the last day or so that it is illegal for a online payday lender to do business in the Commonwealth of Virginia. They are not licensed here in the state and therefore their contract is void. Here is some other things that I found out from a John Doe here on this site and I am very thankful to him.  I found out that West Virginia just won a huge lawsuit against them and I am contacting my Atty Generals office on Monday as well. Check your laws on Internet lenders and Good luck :)

Here is what John Doe posted

 Just want to report on experiences I had with Cash Call through Western Sky. 

I had a family member take out a loan through Western Sky for $5,000 over a year ago, and I only found out about it after they started having trouble making the payments. why they chose to do this is beyond me, but the truth is that there are a lot of people in this country who make very poor financial decisions. this is why we have usury laws to protect people from falling into contracts that charge outrageous amounts. Cash Call uses two methods to circumvent these laws, and one of those ways is through Western Sky. keep in mind that these companies are going out of their way to find loopholes to laws that are set up to protect people from EXACTLY these kinds of companies.

moving on, after reading the contract and doing some due diligence (which included speaking to reps from both Western Sky and Cash Call), I was able to piece together the pieces of this puzzle. 

First of all, the Western Sky loans can charge so much because they're a product offered through a Native American reservation, and so can circumvent U.S. law. they can advertise this product the same as they can advertise Indian Casinos even though gambling may be illegal in the state that they're showing the commercial on. this is verified when you read the contract, which states the following:

"All loans will be subject solely to the exclusive laws and jurisdiction of the Cheyenne River Sioux Tribe, Cheyenne River Indian Reservation. All borrowers must consent to be bound to the jurisdiction of the Cheyenne River Sioux Tribal Court, and further agree that no other state or federal law or regulation shall apply to this Loan Agreement, its enforcement or interpretation. The loan agreement contains an agreement to arbitrate all disputes in which borrowers agree to waive their right to a jury trial, to have a court decide any dispute, and to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit."

this makes it very clear that what you're entering into is a form of debt that originates within the Indian Reservation, and the contract only legally exists within the Reservation. this is what makes the product "legal," which is what any rep will tell you when you question it. technically, yes, the loan is "legal" but they don't mention that it's ONLY legal on the reservation. in the United States, it's void. 

now what happens automatically is that Western Sky sells all their loans within a few days to Cash Call, and CC is the company that tries to collect. this is legal also, but you have to keep in mind that CC is still bound to the original contract, which states that the contract is subject only to the jurisdiction of the Tribal Court. what this means is that they can not sue you in an American civil court to recover on this loan. that would be like an Indian Casino suing you for gambling debt in a state where Gambling is illegal... it would be thrown out of court. in fact, I can't find a SINGLE case on the internet where CC sued someone over a Western Sky loan. it doesn't happen because the contract states they can only sue in Tribal Court.

Likewise, they CAN'T garnish your wages. they might threaten this but they can only get a court order from the Tribal Court and that's worthless in the United States. so they can't sue, they can't garnish wages, and they also can't affect your credit score. they might post something to your report, but once you dispute it the credit agencies will remove it because it is not valid debt. American credit agencies don't bother themselves with illegal debt, and they don't bother themselves with debt that originates from outside the country!

Basically all they can do is harass you to try and get you to give them money. however, they are legally required to stop calling once you have requested that they do so, and especially after you have sent them a request for a letter of debt validation and then a cease and desist. there is literally NOTHING that Cash Call can do to harm you when it comes to Western Sky loans. 

the second way that CC circumvents usury laws is by underwriting loans through a bank in Delaware. a loophole in usury laws allows people to be charged rates that are allowed by law in the originating state, and Delaware has very lax laws in this regard so CC can charge 97% APR no matter the laws in your home state. HOWEVER, CC is only licensed as a lender in California, Delaware, and three other states. if you don't live in one of those states then your loan was also illegal and Cash Call can not actually collect on it by force. note this is only in regard to their high APR unsecured installment loans, and not in regard to their morgage or other products.

just hope this information will help people get their lives back in order and keep them from filing bankruptcy due to a disgusting company that is all a bluff. they really can't do anything to you... this information was confirmed with a Cash Call Supervisor and a Western Sky legal representative. 
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