Harrassed by Cash Call and I'm not Even a Customer
Complaint
Maria
Country: United States
To Whom It may Concern
I am at my wits end over this company called Cash Call. I was used as a reference by my sister who took out a loan with them. She fell behind on her payments earlier this year due to an accident which left her temporarily unable to work. Cash Call started calling me about 2 month ago, first trying to inquire about my sisters phone number.
Since then they are calling me up to eight times a day and have begun threatening me. In one phone call the person tried to say that I was my sister. In another phone call I was told that I had better cooperate or that they will make it hard on me. They have even tried to send me loan documents to sign on her behalf ......they are asking me to pay for this loan.
These people are nuts. I need some sort of relief, I have asked them not to call but they disguise their number and call on several different phone number or marked the line as unknown. They have been harassing me on my cell. I contacted my state and was told that there is not much that they can do but I have to fill out a complaint form and it may take up to several weeks for a response.
Not only are they calling me but they are also calling my elderly mother and have threatened her as well. They openly discuss the amount of this loan with any and everyone that they have contacted. I was under the impression that if you are not the client they cannot discuss your personal business. I guess that this is not so with this company.
Tonight I got another round of phone calls. The representative tried to tell me that I promised to help them by sending money for an account that I do not have with them. I told her Not to call me again. I hung up and seconds later she called me again, wanting me to give her information on their client that they already had. I told her that I had confirmed that information for them several months ago and not to call me again. She then threatened me and said that this is the reason why my PEOPLE have a problem. Now she went there with an ethnic assumption.
What gives these so called companies to harass a person that a) is not a client and b) not a cosigner on this loan. I await a reply with any assistance that you can offer. Thanking you in advance.
I am at my wits end over this company called Cash Call. I was used as a reference by my sister who took out a loan with them. She fell behind on her payments earlier this year due to an accident which left her temporarily unable to work. Cash Call started calling me about 2 month ago, first trying to inquire about my sisters phone number.
Since then they are calling me up to eight times a day and have begun threatening me. In one phone call the person tried to say that I was my sister. In another phone call I was told that I had better cooperate or that they will make it hard on me. They have even tried to send me loan documents to sign on her behalf ......they are asking me to pay for this loan.
These people are nuts. I need some sort of relief, I have asked them not to call but they disguise their number and call on several different phone number or marked the line as unknown. They have been harassing me on my cell. I contacted my state and was told that there is not much that they can do but I have to fill out a complaint form and it may take up to several weeks for a response.
Not only are they calling me but they are also calling my elderly mother and have threatened her as well. They openly discuss the amount of this loan with any and everyone that they have contacted. I was under the impression that if you are not the client they cannot discuss your personal business. I guess that this is not so with this company.
Tonight I got another round of phone calls. The representative tried to tell me that I promised to help them by sending money for an account that I do not have with them. I told her Not to call me again. I hung up and seconds later she called me again, wanting me to give her information on their client that they already had. I told her that I had confirmed that information for them several months ago and not to call me again. She then threatened me and said that this is the reason why my PEOPLE have a problem. Now she went there with an ethnic assumption.
What gives these so called companies to harass a person that a) is not a client and b) not a cosigner on this loan. I await a reply with any assistance that you can offer. Thanking you in advance.
Comments
Indicate that despite notifying them that the person they are attempting to reach is not at your phone number, they continue to harass you.
SHAME ON U BULLIES.
Sixth Circuit Reverses Dismissal of Claim Alleging That Discover Card's Harassing Collection Activity Led to Cardholder's Suicide
by Brian Wolfman
Anyone interested in the potential human costs of debt collection harassment should read the Sixth Circuit's recent decision in MacDermid v. Discover Financial Services, No. 06-5792 (May 29, 2007). The complaint in the case alleged that the plaintiff's wife, who suffered from bipolar disorder, committed suicide because of Discover's harassment of the couple over $15,000 in credit card debt. The district court dismissed most of the claims on the pleadings and two claims at the summary judgment stage. The Sixth Circuit reversed the dismissal of the claim that Discover had intentionally inflicted emotional distress or engaged in "outrageous conduct" in violation of Tennessee common law. The court of appeals ruled that the plaintiff at least stated a claim for outrageous conduct based on Discover's threats of criminal prosecution for the failure of the plaintiff and his wife to pay a purely civil debt. The court affirmed the dismissal of various claims under Tennessee law (including a wrongful death claim) and the federal Truth in Lending Act and Fair Debt Collection Practices Act. The facts alleged - - including the wife's heart-wrenching suicide note - - are stated in detail at the beginning of the opinion.
Posted by Brian Wolfman on Tuesday, June 05, 2007 at 09:12 AM in Debt Collection, Other Debt and Credit Issues | Permalink | Comments (2) | TrackBack (1)
I have been paying cash call for 1 year 1 month on a loan of 2,525.00 and will not be done paying it off until Oct 1, 2010 of a grand total of $9,163.37
ANNUAL PERCENTAGE RATE
The cost of my credit as a yearly rate
99.02 %
FINANCE CHARGE
The dollar amount the credit will cost me
$6,638.37
PAYMENT SCHEDULE
One payment of $285.88 on May 01, 2007.
40 monthly payments of $216.55 beginning on June 01, 2007.
One payment of $215.49 on October 01, 2010. :(
"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.
Angry and Frustrated!!!
"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.
tk
They do not know how to collect a legitimate debt. They have met their match and we are working on a class action suit as we speak. We have recorded calls and if you would like to get in on this please advise VIA this website. Thanks - JB