need help
Complaint
josh
Country: Canada
I got a membership with direct buy in November of 09. Less then a week later when we (my wife and I) started to look in to ordering the bathroom stuff that we needed, figured out that we were not getting any deal at all and on top of that we have to pay a membership fee. We called Direct buy to cancel our membership. they told us that we could not cancel we were stuck in the contract. So we decided to make the best of our stupid decision and order our stuff through them. So the end of November we ordered all the stuff we needed
to do the renovation. the only thing that we have received is the bath tub.
we still need the toilets sinks and all the fixtures for the two bathrooms.
we have been waiting almost 4 months for the stuff. I want to get out of the membership this is such a rip off its stupid. how can I get out of it?
to do the renovation. the only thing that we have received is the bath tub.
we still need the toilets sinks and all the fixtures for the two bathrooms.
we have been waiting almost 4 months for the stuff. I want to get out of the membership this is such a rip off its stupid. how can I get out of it?
Comments
You need to find the CONSUMER PROTECTION ACT for your province
YOU MUST SEND REGISTERED MAIL ONLY--NO E-MAILS -NO PHONE CALLS
the CPA protects against high pressure to join
DB uses UNFAIR PRACTICES --read through the section & you will find that they break every practice MISREPRESENT EVERYTHING & FALSE PROMISES
SEND your letter listing the laws that they are breaking
--Misrepresentation of the contract by PROMISING excessive savings that do not exist (How can you save, if you pay for what you do not recieve
--Misrepresent the availability of products & services
DON'T GIVE UP!!!!!!!!!!!!!
Ask for RESCISION & full refund, confirmation by mail only that you do not owe any money to db &/or any finance co. that you may owe to.
There is a common thread that links many "membership" businesses such as campground membership resorts, resort membership resale businesses, travel clubs, video dating services and some "business opportunities".
The consumer is sold a future service contract (membership) and told that they have three days in which to cancel.
Actually, where there is a statutory cancellation period, the statute allows the consumer to cancel within 3 (or 7 or 10 depending on the statute) without paying ANY damages whatsoever. The 3-day period is a "super remedy" that doesn't allow the business to keep any money. After three days, normal contract damage law still applies.
If the consumer hasn't caused $5,000 in damages, they are not obligated to pay a $5,000 sales price, or the business is not allowed to keep the full $5,000 if already paid. The business can only keep actual damages (for instance, the cost of a 1 hour sale pitch and a glossy brochure).
Many consumers are really beat up with this misrepresentation. Many state Assistant AGs, and at least one FTC attorney, has said that after three days, that's it, you lose everything.
Mark Fleming, a class action attorney from Seattle has yet to find a judge that agrees.
Leisure Time Resorts of America (now Thousand Trails), paid out over $1,000,000.00 in consumer refunds in a class action lawsuit he finished last year. LTRA said the consumer had to pay the full sales price whether the consumer wanted to keep the membership or not.
The judge disagreed and the consumers won.
The court ruled that a business that requires full forfeiture on a future services contract has engaged in a deceptive trade practice.
As a matter of common sense, the business has been relieved from performing years of membership services. Therefore, how can it be entitled to full payment?
Nor does it make sense for the business to argue that the consumer should be forced to remain a member against their will. Unfortunately, we are used to the concept of having to pay in full on a contract because we have driven the vehicle off the lot, taken the TV home, etc.
When "you have the goods," you pay the price. When it's a future services contract, you only pay the damages (if any).
It was discovered from reviewing financial statements that the campground membership industry considers its satisfied customers as "loss leaders." The profit is in the ones who are disgusted with misrepresentations made at the point of sale, or move, and simply walk away from their money because of the "no refund" language in the contract.
Fleming feels that one area that doesn't get enough press is the successful individual consumer lawsuit. If an individual sues, proves a deceptive trade practice, and gets their money back, nobody really knows.
Only appellate cases are reported so that other attorneys can find them, and a business is not likely to appeal and have everyone know that one of its business practices is deceptive.
Consumers are constantly "reinventing the wheel" when it comes to proving that a particular business practice is illegal. Many "traditionally suspect businesses" (membership sales, furnace installers, dating services, etc.) do not even show up to defend a lawsuit.
They will pound their chests until the day of trial and then not show.
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