CashCall Inc

As previously stated all payments were applied and allocated correctly to [redacted] loan and there was not an additional principal balance payment made in the amount of $400.00 in the month of November.  Our records indicate that the most recent payment was received on November 1, 2014, and [redacted] is due and owing for the December 2014 through March 2015 installments. As of March 3, 2015, the payoff amount due on this account is $3,445.50. Please have [redacted] contact the dispute resolution department for further assistance with this matter.

Initially, CashCall Auto would like to sincerely apologize if Ms. [redacted] felt as if she was treated unprofessionally and for any inconvenience she experienced.  CashCall Auto prides itself on providing borrowers with an excellent and prompt experience, so her feedback is helpful.  On...

December 12, 2014, upon receipt of this complaint, CashCall sent Ms. [redacted] a payment transaction history per her request.   Additionally, please be advised that CashCall Auto is reporting to the credit bureaus as of October 2014 and has confirmed that we are reporting all credit information correctly for this loan.  Please have Ms. [redacted] contact the Dispute Resolution department at ###-###-#### with any concerns or issues with her account.

Please be advised that [redacted] loan is an unsecured installment loan that she obtained from a company called [redacted] (“[redacted]”) and that is currently being serviced by CashCall, Inc. (“CashCall”).  [redacted] and CashCall are separate companies with separate...

ownership.  Our records indicate that [redacted] installment loan was originated and funded by [redacted] on September 28, 2012 in the amount of $2,525.00 which is the loan amount of $2,600.00 less the $75.00 Prepaid Finance Charge/Origination Fee.  As such, all questions regarding the origination and funding of [redacted] loan should be directed to [redacted], at: [redacted].  CashCall would like to apologize to [redacted] for any inconvenience or misunderstanding that she feels may have occurred with regard to the servicing of her loan. Our records indicate that on March 27, 2015, [redacted] contacted CashCall to request a payoff quote.  Per the executed loan agreement (the “Note”), interest accrues daily based on the outstanding principal balance of the loan.  [redacted] was reminded of this fact and informed that the quote provided was for good for that day only.  On April 2, 2015, a payoff for April 8, 2015 was quoted for [redacted].  Again [redacted] was advised that the quotes were good for the specific date provided only.  However, on May 2, 2015, CashCall received a check from [redacted] which did not match any of the quoted payoff amounts and a balance of $859.99 was remaining on her account.   As a matter of course, CashCall places collection calls to delinquent borrowers. Those telephone conversations are never intended to be anything other than a professional effort to collect a debt that has become delinquent. In reviewing records of the conversations at issue, we can confirm that our collectors acted in a professional manner at all times. CashCall follows both state and federal debt collection practice guidelines with respect to debt collections. Telephone contact attempts are only made between the hours of 8 a.m. and 9 p.m. local time in accordance with the Fair Debt Collection Practices Act (FDCPA) without exception, even though CashCall is not a debt collector as defined by the FDCPA. Furthermore, multiple call attempts may be made during the course of a day, but no more than one outbound contact is made per day. Nonetheless, on October 7, 2015, upon receipt of this complaint, CashCall ceased all verbal contact with [redacted] in accordance with state and federal guidelines and took steps to ensure all future correspondence would be in writing only. In summary, this debt is legal and valid, and owing to CashCall, and was not paid in full. We also have confirmed that [redacted] account balance is accurate and that all credit information for the loan is being reported correctly. On September 2, 2015 CashCall sent [redacted] an offer to settle her account for a lump sum of $588.75. This offer expired on September 15, 2015. Please be advised that in an effort to resolve this matter, CashCall is willing to extend a new offer with the same terms of as the offer that expired on September 15, 2015.  Please have [redacted] contact the Dispute Resolution department at [redacted] by October 15, 2015 if she would like to accept this offer or for further assistance with her account.

Please be advised that Ms. [redacted]’s loan is an unsecured installment loan that she obtained from a company called Western Sky Financial, LLC (“Western Sky”) and that is currently being serviced by CashCall, Inc. (“CashCall”).  Western Sky, CashCall, and...

Delbert Services Corporation (“Delbert Services”) are each separate companies.
 
Our records indicate that Ms. [redacted]’s installment loan was originated and funded by Western Sky on October 22, 2012 in the amount of $2,525.00 which is the loan amount of $2,600.00 less the $75.00 Prepaid Finance Charge/Origination Fee.  As such, all questions regarding the origination and funding of Ms. [redacted]’s loan should be directed to Western Sky, at: P.O. Box 370, Timber Lake, South Dakota, 57656.
 
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. The loan documents clearly indicate that the laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of Ms. [redacted]’s loan, and she further accepted this choice of law and jurisdiction by executing his loan document. These facts were explained to Ms. [redacted] when she applied and again when she signed her Consumer Loan Agreement (“the Note”).
 
Borrowers are instructed to read the Note in its entirety. Once they have done so, they are required to electronically sign or initial the Note in two different locations. The second of the signatures represents the borrower’s confirmation that he/she has read and understands the terms and conditions of the Note. According to our records, Ms. [redacted] signed the Note on October 21, 2012 via electronic signature, indicating that she did indeed understand the terms and conditions of the Note. This Note, in its original format is an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations.
 
The Truth in Lending Act Disclosure Statement at the top of page one clearly displays the Annual Percentage rate (“APR”) as 139.13% and Total Finance Charge of $11,412.12. The APR was disclosed in accordance with the requirements of the Truth in Lending Act. Notwithstanding these disclosures, borrowers are free to pay their loan in part or in full at any time without penalty.
 
On October 22, 2012, Ms. [redacted] was also sent a settlement statement via electronic mail to the address she supplied, confirming the terms and conditions of the Note. Additionally, on October 25, 2012 a “Welcome Call” was placed to Ms. [redacted] in which a representative went over the loan terms with her, including the interest rate and repayment schedule. Ms. [redacted] gave no indication that she did not understand or did not agree to the terms of the loan.
 
As Ms. [redacted] noted in her complaint, on August 13, 2013, per the Notice of Assignment, Sale or Transfer of Servicing Rights notification sent via email to Ms. [redacted] at the address she provided, the loan was sold and assigned to Delbert Services Corporation for servicing.
 
On November 10, 2014, per the Notice of Transfer of the Servicing of Your Loan notification sent to Ms. [redacted] via email, the owner transferred the servicing rights to CashCall.  As was the case with the prior servicer, CashCall is permitted to enforce the terms of the Note as the current loan servicer. 
 
In accordance with Ms. [redacted]’s executed Promissory Note, CashCall has the authority to withdraw payments and fees from her account and to resubmit payments that were returned by her bank. As stated in her Promissory Note, Ms. [redacted] has the right to cancel the EFT authorization by providing CashCall with written notice of such an election. CashCall has no record of such election from Ms. [redacted]. Nonetheless, CashCall will consider this complaint the required written request and will cancel her EFT authorization. This in no way lessens Ms. [redacted]’s obligation to CashCall.
 
In summary, the loan is valid, enforceable, and has not been paid in full. According to our records, Ms. [redacted] has 23 scheduled installment payments remaining on this account. The most recent payment was received on November 1, 2014, and the account is current and next due for the December 2014 installment. As of November 28, 2014, Ms. [redacted]’s payoff amount is $2,634.56.  With that said, CashCall is willing to work with Ms. [redacted] to discuss alternative payment options if she is experiencing financial difficulty. Please have her contact the Dispute Resolution department at (714) 221-3300 if she would like to discuss options available for her account.

As previously stated, [redacted] March 2015 payment was returned to CashCall as non-sufficient funds (NSF). Our records indicate that on April 16, 2015, CashCall processed a loan modification for [redacted] which deferred her May 2015 payment. Additionally, CashCall has confirmed that [redacted] account is being reported as current to the credit bureaus.  Please have [redacted] contact the dispute resolution department if she would like further assistance with this matter.

Ms. [redacted]’s loan is an installment loan that was originated and funded by CashCall, Inc. on July 1, 2014, in the amount of $2,525.00, which is the loan amount of $2,600.00 minus the $75.00 Prepaid Finance Charge/Origination Fee.
CashCall holds a California Finance Lender License that was...

issued by the Department of Business Oversight (License No. [redacted]). This license grants CashCall an express exemption to the usury provisions contained in the California Constitution concerning interest rates for all loans of $2,500.00 or more. See California Financial Code Section 22002. 
Initially, CashCall is not sure what Mr. [redacted] means when he says, “and their web site is kicking out a scam webside.” Please have him clarify what this means and provide any examples so that CashCall can investigate his claims immediately.
Please be advised that as stated in Mr. [redacted]’s Promissory Note all CashCall loan payments are due on the first of each month and have a fifteen day grace period before a late fee is assessed. Our records indicate that Mr. [redacted] made his February 2016 payment on February 18, 2016, and $15.00 late fee was assessed to his CashCall loan accordingly.  Nonetheless, CashCall has elected to waive this fee as a one-time courtesy. 
CashCall is an Internet based company, therefore all written communication is sent electronically.  Borrowers agree to this method of correspondence prior to submitting their application, and this disclosure is reiterated in their signed Promissory Note.  CashCall does not have record of Mr. [redacted] requesting statements be sent to him via U.S. mail.  Nonetheless, pursuant Mr. [redacted]’s request, CashCall has updated his account to send monthly payment reminders via U.S. mail beginning with his next monthly payment cycle. Further, CashCall has no previous record of Mr. [redacted] requesting a payoff quote for his account.  Nonetheless, upon receipt of this complaint, CashCall has sent Mr. [redacted] a 10-day payoff quote for his account. Please note that this amount will change depending on the actual date of payment as interest accrues daily based on the outstanding principal balance on the loan. 
In summary, this debt is legal, valid, owing to CashCall, and has not been paid in full. CashCall also has confirmed that Ms. [redacted]’s account balance is accurate and that all credit information for this loan is being reported correctly to the credit reporting agencies. According to our records, Ms. [redacted] has only made 19 of the 48 scheduled installment payments to this loan.  The last payment was received on February 18, 2016, and his account is current and next due for the March 2016 installment payment.  As of March 4, 2016, the payoff amount on this loan is $2,912.76. Please have Ms. [redacted] contact the Dispute Resolution department at [redacted] if he would like further assistance with his account.

Please be advised that CashCall has investigated this matter and has concluded that Mr. [redacted] submitted his personal contact information online in reference to a request for information regarding refinancing a property.  Mr. [redacted] further consented to a return phone call and provided his...

telephone number as the primary number to contact him.  As such, a marketing agent for CashCall called Mr. [redacted] at the number he provided.  Nonetheless, CashCall would like to apologize for any confusion or miscommunication on behalf of the marketing agent during the actual marketing call.
 
Accordingly, pursuant to this complaint, CashCall has permanently removed Mr. [redacted]’ telephone number from its system, and can confirm that Mr. [redacted] will not receive any further calls or communication from CashCall or anyone marketing on CashCall’s behalf.
 
CashCall thanks you for the opportunity to respond.  If Mr. [redacted] has any further questions of CashCall, he may contact the contact the Dispute Resolution department, at 714-221-3300, for assistance.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
There should be a payment applied to my on 4/17/2015. I will attached the proof of payment.

Initially, CashCall, Inc. (“CashCall”) has investigated Mr. [redacted]’s claim and has concluded that this account was not the result of fraud as there is no evidence to support such conclusion.  Specifically, CashCall has determined that on September 22, 2015, it wired $27,000.00, which is the...

loan amount of $30,000.00 minus the $3,000.00 Prepaid Finance Charge/Origination Fee, into a [redacted] checking account owned and controlled by [redacted]. Additionally, CashCall representatives have spoken to Mr. [redacted] on several occasions regarding the settlement of his account.  Mr. [redacted] never disputed the loan during any of these discussions. In summary, after an investigation, we have concluded that the debt is valid.
 
According to our records on September 21, 2015 Mr. [redacted] contacted CashCall to apply for a Small Business loan for his company [redacted].  His loan was funded by CashCall on September 22, 2015 in the amount of $30,000.00 with Mr. [redacted] as the Guarantor.  The borrower on the loan is [redacted].
 
Each approved business applicant is required to have a person with signing authority sign a Promissory Note and Disclosure Statement (“Note”) on behalf of the company before any loan can fund. Additionally, a personal guaranty is required. Guarantors are instructed to read the documents in their entirety. According to our records, Mr. [redacted] signed the Note and the personal guaranty on September 22, 2015 via electronic signature, indicating that he did indeed understand the terms and conditions of the Note and the guaranty. These documents, in their original format, are electronic documents fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations.
 
Mr. [redacted] was also sent a settlement statement via electronic mail to the e-mail address supplied, confirming the terms and conditions of the Note, on September 22, 2015. A “Welcome Call” was placed to Mr. [redacted] on September 22, 2015. At that time, a CashCall representative went over the terms of the loan including the interest and repayment schedule and the Prepaid Finance/Origination fee. Mr. [redacted] gave no indication that he did not understand or did not agree to the terms of the loan and the guaranty.
 
According to our records, [redacted] has only made 3 payments on this account. The last payment was received on December 1, 2015. As such, due to non-payment, the account was charged off on April 30, 2016, in the amount of $39,884.11 ($29,999.42 in principal, $9,399.65 in interest and $485.04 in fees). As of July 1, 2016, the payoff amount is $46,933.52.
Please note that if Mr. [redacted] is claiming this account is not his, pursuant to the Fair Credit Reporting Act he must provide CashCall with 1) a police report evidencing his claim, in addition to 2) an acceptable affidavit of fact.  We have sent Mr. [redacted] a blank affidavit via U.S. mail for his use.  Please note that if Mr. [redacted] does not return a valid police report and affidavit, CashCall will have no other choice than to conclude that his loan is valid.
 
Our records indicate that on June 21, 2016, CashCall offered to settle this account for either (1) one lump sum payment of $17,999.65 or (2) 9 installment payments of $2,333.29. Please have Mr. [redacted] contact the Dispute Resolution department at ([redacted] by July 15, 2016, if he would like to accept either offer or if he would like further assistance with his account.

Please be advised that Mr. [redacted]s loan is an installment loan that was originated and funded by CashCall, Inc. on August 20, 2012 in the amount of $24,925.00 which is the loan amount of $25,000.00 minus the $75.00 Prepaid Finance Charge/Origination Fee. CashCall holds a California Finance...

Lender License that was issued by the Department of Business Oversight (License No. 603-8780). This license grants CashCall an express exemption to the usury provisions contained in the California Constitution concerning interest rates for all loans of $2,500.00 or more. See California Financial Code Section 22002. CashCall would like to sincerely apologize to Mr. [redacted] for any inconvenience or confusion he experienced with the servicing of his loan.  In an effort to resolve this matter, CashCall has reallocated his most recent payment to February 27, 2015 per his request and has marked Mr. [redacted]s account as paid in full. Please allow 30 – 45 days for the credit bureaus to update their records. If Mr. [redacted] has any additional questions or would like further assistance with this matter please have him contact the dispute resolution department at (714) 221-3300.

Please be advised that [redacted] loan is an unsecured installment loan that she obtained from a company called [redacted] (“[redacted]”) and that is currently being serviced by CashCall, Inc. (“CashCall”).  [redacted] and CashCall are separate companies with...

separate ownership.  Our records indicate that [redacted] installment loan was originated and funded by [redacted] on May 15, 2013 in the amount of $2,525.00 which is the loan amount of $2,600.00 less the $75.00 Prepaid Finance Charge/Origination Fee.  As such, all questions regarding the origination and funding of [redacted] loan should be directed to [redacted], at: P.O. Box 370, Timber Lake, South Dakota, 57656.  Upon review of the file sent to CashCall by [redacted], the loan documents clearly indicate that the laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of Ms. [redacted]s loan, and she further accepted this choice of law and jurisdiction by executing her loan document. These facts were explained to Ms. [redacted] when she applied and again when she signed her Consumer Loan Agreement (the “Note”). Borrowers are instructed to read the Note in its entirety. Once they have done so, they are required to electronically sign or initial the Note in two different locations. The second of the signatures represents the borrower’s confirmation that he/she has read and understands the terms and conditions of the Note. According to our records, [redacted] signed the Note on May 15, 2013 via electronic signature, indicating that she did indeed understand the terms and conditions of the Note. This Note, in its original format is an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations. The APR was disclosed in accordance with the requirements of the Truth in Lending Act. Notwithstanding these disclosures, borrowers are free to pay their loan in part or in full at any time without penalty.  On May 15, 2013 [redacted] was also sent a settlement statement via electronic mail to the address she supplied, confirming the terms and conditions of the Note. Additionally, on May 15, 2013 a “Welcome Call” was placed to [redacted] in which a representative went over the terms of the loan with her, including the interest and repayment schedule. [redacted] gave no indication that she did not understand or did not agree to the terms of the loan. On November 19, 2014, per the Notice of Transfer of the Servicing of Your Loan notification sent to [redacted] via email, the owner transferred the servicing rights to CashCall.  As was the case with the prior servicer, CashCall is permitted to enforce the terms of the Note as the current loan servicer.   In summary, the loan is valid and enforceable and has not been paid in full. According to our records, the last payment was received on January 15, 2015, and the account is delinquent. As of March 13, 2015, [redacted] payoff amount is $3,257.57. Nonetheless, if [redacted] is experiencing financial difficulty, CashCall is willing to work with her and discuss payment options available for her account. Please have [redacted] contact the Dispute Resolution department at [redacted] if she would like to discuss possible repayment options available to her.

As previously stated, this debt is legal, valid, owing to CashCall, and has not been paid in full. CashCall also has confirmed that Ms. [redacted]’s account balance is accurate and that all credit information for this loan is being reported correctly to the credit reporting agencies. . According to our records, Ms. [redacted] entered into a modification agreement on April 29, 2016, which reduced her current interest rate and subsequently reduced her monthly installment payments.  As of May 1, 2016, the payoff amount on her loan is $2,450.58 and she has twenty-six (26) installment payments remaining. Please have Ms. [redacted] contact the Dispute Resolution department at [redacted] if she would like further assistance with this matter.

Please be advised that Mr. [redacted]’s loan is an installment loan that was originated and funded by CashCall, Inc. on January 28, 2013, in the amount of $5,000.00 which is the loan amount of $5,075.00 minus the $75.00 Prepaid Finance Charge/Origination Fee. On May 23, 2017 and June 26, 2017, CashCall...

mailed Mr. [redacted] a validation of debt which included a copy of his loan Note that he signed on January 28, 2013 as well as a detailed payment history.  An additional copy of this letter was sent to Mr. [redacted] on January 2, 2018.   CashCall holds a California Finance Lender License that was issued by the Department of Business Oversight (License No. 603-8780). This license grants CashCall an express exemption to the usury provisions contained in the California Constitution concerning interest rates for all loans of $2,500.00 or more. See California Financial Code Section 22002.   According to our records, on December 10, 2014, Mr. [redacted] filed a Chapter 13 Bankruptcy Case#[redacted] and on September 14, 2017, upon receipt of Mr. [redacted]’s discharge order, CashCall notified the credit bureaus to update their records to properly reflect the bankruptcy as discharged.    Please have Mr. [redacted] contact the Dispute Resolutions department at (714) 221-3300 if he has any further questions regarding this matter.

[redacted] loan is an unsecured installment loan that was originated and funded by CashCall, Inc. on September 29, 2014, in the amount of $5,000.00, which is the loan amount of $5,075.00 minus the $75.00 Prepaid Finance Charge/Origination Fee. CashCall holds a California Finance Lender...

License that was issued by the Department of Business Oversight (License No. [redacted]). This license grants CashCall an express exemption to the usury provisions contained in the California Constitution concerning interest rates for all loans of $2,500.00 or more. See California Financial Code Section 22002. In accordance with [redacted] executed Promissory Note, CashCall has the authority to withdraw payments and fees from his account and to resubmit payments that were returned by his bank.  According to our records, [redacted] April 2015 payment was returned unpaid due to a “Stop Authorization” initiated against CashCall with [redacted] Credit Union.  Please be advised that contrary to [redacted] complaint, CashCall is not reporting his account as delinquent to the credit bureaus.   In summary, the loan is valid and enforceable and has not been paid in full. According to our records, [redacted] has four (4) remaining scheduled payments to this account.  The last payment was received on May 8, 2015, and the account is current. As of May 28, 2015, [redacted] payoff amount is $1,542.12. Please have [redacted] contact the Dispute Resolution department at [redacted] for further assistance with his account.

As previously stated [redacted] account has been marked as settled.  Please be advised that in an effort to resolve this matter, CashCall is willing to refund the fees that were assessed to [redacted] account.  A check in the amount of $58.00 will be mailed to [redacted] on April 20, 2015. Please have [redacted] contact the Dispute Resolution department at [redacted] if she has any additional questions.

Please be advised that on April 16, 2013, CashCall ceased all calls to Mr. [redacted] per his request.  Contrary to Mr. [redacted]’s complaint, CashCall notified via email on August 21, 2013 that his account was going to be charged off and assigned to a third party for collections. 
 
As previously stated, Mr. [redacted]’s account was charged off on August 31, 2013 and subsequently assigned to Delbert Services for collection.   Mr. [redacted] may contact the Dispute Resolution department at (714) 221-3300 if he has any further questions of CashCall. Otherwise, please have Mr. [redacted] contact Delbert Services Corporation at (855) 388-3764 for assistance.
 
CashCall’s is confident that this response has addressed the issues as presented in this complaint and considers this matter closed.

Ms. [redacted] loan is not a payday or deferred deposit loan.  It is an installment loan that was originated and funded by CashCall, Inc. (“CashCall”) on September 17, 2010 in the amount of $2,525.00, which is the loan amount of $2,600.00 minus the $75.00 Prepaid Finance Charge/Origination...

Fee.CashCall holds a California Finance Lender License that was issued by the Department of Business Oversight (License No. 603-8780). This license grants CashCall an express exemption to the usury provisions contained in the California Constitution concerning interest rates for all loans of $2,500.00 or more. See California Financial Code Section 22002.According to our records, Ms. [redacted] made only four payments to this loan, totaling $816.00. The last payment was received on February 11, 2011. As such, Ms. [redacted] account was charged off on August 31, 2011, in the amount of $4,106.22 ($2,586.40 in principal, $1,444.82 in interest and $75.00 in fees). Please be advised that, as also previously explained to Ms. [redacted], the interest rate relief provision of the SCRA does not apply to her loan.  In summary, this debt is legal, valid, owing to CashCall, and has not been paid in full. We also have confirmed that Ms. [redacted] account balance is accurate and that we are reporting all credit information correctly for this loan. As of November 20, 2015, her payoff amount is $10,238.69.  Nonetheless, in an effort to resolve this matter, CashCall is willing to extend a new settlement offer to Ms. [redacted] with the same terms as previously offered on April 6, 2015: to settle her account for either (1) a lump sum payment of $1,293.20 or (2) nine installment payments of $172.43, totaling $1,551.87.  Please have Ms. [redacted] contact the Dispute Resolution department at (714) 221-3300 by November 30, 2015 if she would like to accept either offer or for further assistance with her account.

Revdex.com
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[I disagree with the whole returned for nsf. I have also reached out to the company and was told that they could not help me unless payment was made, which I was not disputing. I was disputing the way they handled my bank issues and my payment issues with their company.  What I had a problem with was the company not listening to the explanation regarding the banks of returning the payment. The issue was not also the dates that were mentioned, but the dates after that.  The dates were between April 2nd and 3rd. I asked that the company not make my credit report show 30dys late and they did, due to the fact that the bank did not take responsibility for the payment being returned and neither did the company.  That is my issue with the company. It as not paying them, it was trying to resolve the payment issue with the company and my bank.  I also tried to speak with the collection  department and was told I could not until payment was made. The company also said they had no idea of the date for the 30dys showing on my credit report and even a letter from my bank could not stop the reporting to the credit reports.      
Regards,
[redacted]

Please be advised that on February 13, 2015 [redacted] contacted CashCall to set up an automatic payment withdrawal. A payment in the amount of $5,000.00 was deducted from his bank and applied to his CashCall on February 13, 2015.   In regards to the $18,875.00 payment referenced in [redacted] complaint, on February 27, 2015 CashCall received a check from [redacted] with a note written on the check stating: “Payoff.” As CashCall has previously explained to [redacted], CashCall could not accept the check because that amount was not the correct payoff amount.   On March 12, 2015, CashCall received a $19,000.00 payment from [redacted].  As a courtesy, this payment was reallocated to February 27, 2015. On March 7, 2015, CashCall received a payment of $456.00 which was applied on March 7, 2015. [redacted] had a remaining balance of $77.27, which was waived in an effort to resolve his previous complaint. On March 17, 2015, [redacted] account was considered paid in full. On March 19, 2015, CashCall received a payment of $80.00 which will be refunded to [redacted].  Additionally, on March 26, 2015, CashCall has sent [redacted] a $25.00 refund for the stop payment fee he incurred.         Please have [redacted] contact dispute resolution department at [redacted] if he would like further assistance with this matter.

Please be advised Ms. [redacted] loan is an unsecured installment loan that was originated and funded by Western Sky Financial, LLC (“Western Sky”) on March 5, 2013 in the amount of $2,525.00, which is the loan amount of $2,600.00 minus the $75.00 Prepaid Finance Charge/Origination Fee. As such, all...

questions regarding the origination and funding of Ms. [redacted] loan should be directed to Western Sky, at: P.O. Box 370, Timber Lake, South Dakota, 57656.  The loan documents clearly indicate that the laws of the Cheyenne River Sioux Tribe apply exclusively to the terms and conditions of Ms. [redacted] loan, and she further accepted this choice of law and jurisdiction by executing her loan document. These facts were explained to Ms. [redacted] when she applied and again when she signed her Consumer Loan Agreement (the “Note”).  Borrowers are instructed to read the Note in its entirety. Once they have done so, they are required to electronically sign or initial the Note in two different locations. The second of the signatures represents the borrower’s confirmation that he/she has read and understands the terms and conditions of the Note. According to our records, Ms. [redacted] signed the Note on March 4, 2013 via electronic signature, indicating that she did indeed understand the terms and conditions of the Note. This Note, in its original format is an electronic document fully compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and other applicable laws and regulations.  The APR was disclosed in accordance with the requirements of the Truth in Lending Act. Notwithstanding these disclosures, borrowers are free to pay their loan in part or in full at any time without penalty.   On March 5, 2013, Ms. [redacted] was also sent a settlement statement via electronic mail to the address she supplied, confirming the terms and conditions of the Note. Additionally, on March 8, 2013 a “Welcome Call” was placed to Ms. [redacted] in which a representative went over the terms of the loan with her, including the interest and repayment schedule. Ms. [redacted] gave no indication that she did not understand or did not agree to the terms of the loan. On November 10, 2014, per the Notice of Transfer of the Servicing of Loan notification sent to Ms. [redacted] via U.S. mail, the owner transferred the servicing rights to CashCall. As was the case with the prior servicer, CashCall is permitted to enforce the terms of the Note as the current loan servicer.   In summary, the loan is a valid and enforceable obligation and has not been paid in full. According to our records the last payment was received on July 30, 2015, and the account is current and next due for the August 2015 installment payment.  As of July 31, 2015, Ms. [redacted] payoff amount is $2,635.56.  However, in an effort to resolve this matter, CashCall is willing to settle Ms. [redacted] account for either one (1) lump sum payment of $1,000.00; or five (5) consecutive installment payments of $250.00, totaling $1,250.00.  Please have Ms. [redacted] contact the Dispute Resolution department at (714) 221-3300 by August 5, 2015 if she would like to accept either offer, or for further assistance with her account.