Frustrated. Removal of Cash Call / Western Sky from Credit Report

[soccer5]

Please help, I'm sure several members must be familiar with Western Sky / Cash Call. During a very rough time (and not very smart) I took out a loan with Western Sky due to being in very dire financail straits in 2012.  The plan was to pay it back ASAP but my situation did not improve as fast as I had hoped.  Well, Western Sky of course sells the loan to WS Funding which is serviced by Cash Call.  By the end of last year I could no longer make my payments and was getting nowhere making arrangements with them. Well, Cash Call eventually charged off the loan and it was reported as such to all three credit bureaus.  The PA Department of Banking had informed me that the loan was illegal in PA (Ursury, etc).  Fast forward to this year and PA Department of Banking had issued a Final Enforcement Order (Docket 130046) against Western Sky prohibiting them from many things including loaning to PA residents and also prohibiting them from reporting delinquent loans to the credit bureaus as they were illegal in PA.  And if they did report to the credit bureaus, they were to remove them in a timely manner. This is all listed in the Consent Agreement and Order. There is also a Current Issued order in place (not final) against Cash Call for issuing the same loans in PA as well.  Question I have is, even though Cash Call is now servicing the loan, the loan originated with Western Sky and therefore would the Final Enforcement Order against Western Sky prevent Cash Call from reporting the loans on my credit reports? I reported the baddies on my reports but it just showed up again on EQ and dropped my score 20 points.  Would I be able to put in a complaint with the CFPB, showing them the orders from PA? Or should I send this info to Cash Call directy? 

[RobertEG]

While you could file a complaint with the CFPB, they deal with FCRA and FDCPA violations, while the underlying issue as to their reporting is apparently the injuction obtained by the PA Department of Banking.

That involves state issues and an existing order for compliance.  I would begin by informing them of what you consider to be a violation of whatever injunction or court order they have obtained.

They appear to be the party with real enforcement provisions......

[soccer5]

Thanks Robert. So you feel a good course of action would be to take this directly to Cash Call sending them the appropriate supporting documentation?  I have no problem paying the debt, but the PA Dept of Banking advised to stop paying until they agreed to charge no more than the max of 6% interest permitted by the state of PA for out of state lenders. Not to mention not applying principal and interest properly. After a few months of on time payments they were reporting that I actually owed more than what I started out owing. I still feel like such a fool, it was that instance that made me realize I needed to learn about my credit and start taking care of my finances. It's just in the end I feel that if an enforcement order is in place prohibiting them from reporting to the credit bureaus, and fixing what they did report, then they should be deleting these items. Thanks again for the reply.

[tisha130]

Hello Soccer5,

I know the this thread is old but I wanted to see if you were able to get the collection with Cash Call deleted from your credit reports. I am having the same issue. I took out a loan in May 2012. I live in the State of Georgia and they also have sued Western Sky, Delbert Services(the collection agy they use), and Cash Call. Also come to find out the CFPB has sued the companies listed above. I can provide the links to the court documents if you need them. 

I am in the middle of closing on a home and I was able to have Cash Call removed from Transunion and Equifax earlier this year, Experian is claiming they don't have my supporting documents that they may have been shredded due to lack of providing a utility bill. So I have submitted another dispute today with Experian via online and have included both lawsuits from State of Georgia and Consumer Finance Protection Bureau. By Cash Call being on my credit report it is greatly affecting my DTI putting me out of the range I need to be in. What is your status? And what methods worked for you and I can also share my methods if needed.

[mowglidude]

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@tisha130 wrote:

Hello Soccer5,

I know the this thread is old but I wanted to see if you were able to get the collection with Cash Call deleted from your credit reports. I am having the same issue. I took out a loan in May 2012. I live in the State of Georgia and they also have sued Western Sky, Delbert Services(the collection agy they use), and Cash Call. Also come to find out the CFPB has sued the companies listed above. I can provide the links to the court documents if you need them. 

I am in the middle of closing on a home and I was able to have Cash Call removed from Transunion and Equifax earlier this year, Experian is claiming they don't have my supporting documents that they may have been shredded due to lack of providing a utility bill. So I have submitted another dispute today with Experian via online and have included both lawsuits from State of Georgia and Consumer Finance Protection Bureau. By Cash Call being on my credit report it is greatly affecting my DTI putting me out of the range I need to be in. What is your status? And what methods worked for you and I can also share my methods if needed.

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If youre still out there, how did you get Cash Call removed?

[tisha130]

Hi I was able to submit the documents listed above to Experian and it was removed. They claimed they needed my DL and SS card once I provided that along with the lawsuits from my state and CFPB(this is the one that worked for Experian) they removed it. I purchased a home Dec 29th, 2014. I have been in my home for a year now. 🙂

[mowglidude]

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@tisha130 wrote:
Hi I was able to submit the documents listed above to Experian and it was removed. They claimed they needed my DL and SS card once I provided that along with the lawsuits from my state and CFPB(this is the one that worked for Experian) they removed it. I purchased a home Dec 29th, 2014. I have been in my home for a year now. 🙂

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Unfortunetly, I dont think that has happened in California at this time. I know there are lawsuits, but not to that extent. I wish it was.

[tisha130]

Here's what you need https://oag.ca.gov/system/files/attachments/press_releases/n1788_cashcallcomplaint.pdf print and mail or save and upload online to all the credit bureaus. You may even need to circle the parts where it's being requested that the loans be dismissed. Here's the link for CFPB documents, scroll to the bottom and send both of them. http://www.consumerfinance.gov/newsroom/cfpb-sues-cashcall-for-illegal-online-loan-servicing/. It may require some push on your part but legally you are no longer liable for the debt so it has to be removed.