Don't make our mistake
Complaint
Polly Globe
Country: United States
We attended their presentation and after some calculation decided to pay for the membership which was $4990. We wanted to update our kitchen and bathroom cabinets, as well as bedroom furniture. We put down about $1000, and the rest was financed through their lender Beta Finance.
A month later we started planning our purchases and realized we were about to pay more by buying through them than we would otherwise. What the don't tell you on their presentation is that while you save about 10% on furniture they add 8 % handling charge in addition to 7% tax, and that doesn't include shipping.
I am now trying to get our membership money back. Do not become a member! Buy from other stores.
A month later we started planning our purchases and realized we were about to pay more by buying through them than we would otherwise. What the don't tell you on their presentation is that while you save about 10% on furniture they add 8 % handling charge in addition to 7% tax, and that doesn't include shipping.
I am now trying to get our membership money back. Do not become a member! Buy from other stores.
Comments
Which coincides with the attitude of my correspondence with the BBB basically they are telling me DB is doing everything they can to resolve the problem.... except refunding my money and terminating my contract.... The owner has said he would match any other prices I found (to a limited degree, like Amazon and Ebay are ineligible for price comparison) but when you add the 8% handling fee and 25% shipping its still at or above retail price! But this smoke cloud he is creating is going to make it impossible to benefit from a BBB arbitration....
I also have contacted Consumer Protection Agency of Florida but I havent heard anything yet. Which I assume is good, perhaps they are researching the company more thoroughly. They also offer mediation.
I will definitely contact someone about the company. Including the Attorney General and a member of legislation and probably an on your side reporter... that has worked for people in the past. And if we change the law it will keep other victims from the hell the rest of us have experienced.
Now Im a person raising 3 kids... I clip coupons, I never go out to eat, my boys recycle clothes, I drive a car I bought in 2001... I do not spend money.... period . Unless it is necessary for everyday life. So how they hooked me into this (????????) I dont know.
My only major set back is the store here is actually run pretty professionally (besids the usual high pressure tactics, clumsy..confusing catalogs...and the website rarely has prices associated with items...you basically have to spend countless hours even deciphering whether its a "deal" which is how they keep people... because people are either to lazy or busy to research products.... Im sure the store has mostly satisfied customers.
I just dont know the best way to pursue getting my money back... BBB(not likely),Consumer Protection)maybe, Small Claims Court(????).... Even if they would just let us out of the contract I would be happy... because we simply cannot afford the payment.. especially if we're not receiving anything in return.... which like I said...we have nothing to buy... the camera equipment was it for us... and we would never even break even... even if the service was what it said it was. But what I have read is not only do they send you to collections... they quickly begin to sue you ..for non-payment... basically before you can sue them. (I am on the high-interest payment plan)
I agree the only way to stop them is to shut them down. Via any means possible. Even if I have to take a loss. I plan to call the nationwide lawyer tomorrow, because they have an office in Tampa, at least to hear what they have to say. I will post when I learn anything. They are crooks and need to be stopped. At the very least a major change in practices and policy's ...if they quit targeting the middle and lower class with their crooked high pressure pitches and actually offer manufacturer prices and are honest up front...for people spending a significant amount maybe they could call themselves a company.
Recently I was invited to a Class Action for members of DB... regarding DB receiving kickbacks from their manufacturers... with this money and the 8% handling charge that alone makes them crooks... and Im sure they're making more.....You know beside the 5,000.00+ grand they're ripping off from innocent people.
I will do what it takes to at least make a ripple and incite awareness....and hopefully gain my money back in the process.
Here's the point I'm getting at. Some of the presentation is actually written, even though it's on a dry erase board. However many folks are in one of these open house groups all see this together, in writing, before they are ever presented with a contract. Furthermore, according to the contract (that none of us apparently read until after we signed), we signed that "you agree that in coming to your decision to join DirectBuy, you have not relied on any oral or written statements, representations, agreements, or promises, DIFFERENT from those made in this Membership Agreement, the Direct Buy Membership Guide, and the Benefit Summary, and that no such differing oral or written statements, representations, agreements, or promises will have any force or effect".
The Open House is considered the Benefit Summary for potential members...correct? Once your signed you are then invited to attend the New Member Orientation. I know this is long but I think I just discovered the loophole. The Benefit Summary and The Membership Agreement do no match. The Benefit Summary was presented first orally and then demonstrated partially in writing. It was all the great benefits, how much we were going to save, the membership fee, and that it was a one time fee of $4990 with $198/yr beginning on the 4th year and every year thereafter. They also stated they had long term payment plans if someone didn't want to put the whole amt down that day. They mentioned how great this would be to give to a child or grandchild. The contract on the other hand strips us of all our rights and led us to believe they don't have to honour anything they stated prior to our signatures, furthermore it changes the membership to 3 yrs with a 7 time renewal option totaling 10 yrs for that price. That means the $4990 is not a one time nor a lifetime membership fee as previously promised. If I am understanding this correctly....they legally bound us to the conditions of the written contract and finance agreement by our signature. It appears inescapable and hopeless without any opportunity to cancel. However, they also bound themselves by the same contract by stating that only oral or written statements, representations, agreements, or promises that differ from the Membership Agreement, the Membership Guide, and THE BENEFIT SUMMARY will not have any force or effect. Therefore, if I'm correct, upon us becoming members, they are legally bound to honor anything they said, promised, claimed, wrote on the board, whatever because it was made by their authorized customer representative who for all legal purposes was given the authority to represent and negotiate on behalf of Direct Buy including entering their names on the same contract ours is on.
I hope to God I am correct on this. What do you think? Am I on to something here?
In short I was under the impression I was actually purchasing a lifetime membership for a certain fee that would be set up on payments for the course of 3yrs with the understanding that I would pay $198/yr beginning on the 4th yr. I could elect not to continue the $198 but if I wanted to use the membership, I would have to back pay the $198 multiplied for each year I missed to catch it up before I would be allowed to use it. I would also be able to gift this to an adult child or grandchild at no extra cost besides the $198/yr fee. Upon signing, my minor children are also considered members until they reach legal age at which point I could gift my membership to one of them. I asked if I decided 6 months down the road if I could just quit paying and cancel and he said no, you can't cancel then. Nothing else was ever discussed about any other cancellation policies or periods by either side. That was a big mistake on our part, especially mine, and then I made an even bigger one by waiting until the next day before I actually read the entire contract.
Today I received an e-mail and a fax confirming that my membership is canceled effective October 13/2010 (the day they received my registered mail) and that I just have to send back all the documents they gave me upon signing the agreement and to expect my refund within 10 business days of receiving the package. The gentleman I spoke to on the phone was very serious about my complaints and very kind about refunding me the amount that was already paid.
*** this post is just to give you all another success story and to let you all know that the 3-day cooling off period DOES exist and IS enforced in Ontario.
I am interested in receiving information about who is really with this warranty company, as well as evidence it has been sold to residnets of Washington state.
Please feel free to call me or e-mail me at the number or e-mail address below.
Thanks,
Alan
Alan Michael Singer
Staff Attorney
Legal Affairs
Office of the Insurance Commissioner
PO Box 40255
Olympia, WA 98504-0255
360-725-7046
360-586-0152 Fax
Trudy tries really hard to answer people's questions whenever she can. She is usually pretty good about monitoring this site. I am sure she will be back soon with valuable advice in regards to your situation. Thanks for your patience and understanding.
Sorry if I sounded demanding... I expect nothing Im just here to find information about DB and resolving my problems with them. And of course to let out a little steam..
I only posted again because when reading through the other pages it seemed comments left behind by more comments got over-looked.... or buried by newer pages... And I only asked for Trudy because when I found this site I had a ray of hope...and was worried/concerned that it would be my luck that the site would be discontinued once I became aware of it.... and all hope would be lost...(for me) Trudy seems to be very knowledgeable... and a priceless resource for us guppies that took the bite and signed our soul over to the devil known as DB...
I understand there is no obligation for anyone to respond... I am just at the end of my line... and this site is like miracle to me with its wealth of information... and I appreciate all that you do to help others in this situation and your willingness to help those you dont even know.
In short I was just afraid DB had caught on to the site and Trudy was gone.
Thanks everyone for contributing and keeping this site alive... and of course.... lets shut the jerks down... I am for the cause... and will fight to shut them down.... even if I dont receive what I am seeking (and deserve) ...no one deserves to get ripped off..
I didnt get to call the lawyer today... I had two sick kids..:( ...but will post as soOn as I have info,,,
Again sorry... I didnt mean any harm... :)
Good luck everyone.
You and I are thinking along the same lines. Go back and see what you actually have in your membership packet. List the actual title of every document you have in it. If it's just a flier, describe what it's about. Next, go to the part of your contract that lists the names of the documents that were supposed to have signed and received a copy of and list what they are. It's under where you placed your signature.
Check everything contained in your packet against the copies you actually received and tell me if it's all there or if anything is missing.
Thanks for your encouragement & for always trying to help others,
I know that nothing could stop us, from doing our best to monitor this site, when we have time.
THAT IS FABULOUS NEWS, I KNEW THAT YOU COULD DO IT,,,
YOU HAVE TO BOMBARD THEIR BS, WITH AS MUCH KNOWLEDGE & AS MANY REFERENCES THAT YOU CAN.
THEY depend on their intimidating lies,
& an iron-clad contract that intimidates you from even an ounce of hope,
to fight them...
...blah, blah, they follow the law,...no have no rights & of course you don't need any...& best of all, DB DOESN'T LIE & THEN they remind you again, that they don't lie, because how can they lie, if you can't defend yourself with any Verbal or Oral Statements, HOW CLEVER!!!
DB IS NOT CLEVER ENOUGH FOR THE VICTIMS ON THIS SITE,
WHO HAVE FOLLOWED MY ADVICE & GOT THEIR $$$ BACK
Court takes too long, & every & all the lawyers referred to, on this site,
have been lazy losers... They just want your $$...
Anyway, that is my rant of the week...
Sorry for the delay, Ms. Much... your posts are quite long,
so I will have to review them thoroughly, & promise to respond a.s.a.p.
As you know, I try to give as personal responses as possible...
I will respond very shortly. Don't give up!!!
Thank you again!! I couldn't have done it without your help! I just wanted to let you know that the Ministry of Consumer Services offers mediation on behalf of consumers if they choose not to take complaints to small claims court and opt out of BBB arbitration like the agreement says is mandatory (despite what the agreement states, any member of DB has the right to do so because this is an offense of the Consumer Protection Act and therefore does not apply). Lastly, even though the agreement doesn't state it THE THREE DAY COOLING OFF PERIOD IS A CORPORATE POLICY IN ONTARIO, CANADA AND MUST BE HONORED BY DB. IT IS NOT A MYTH. IT EXISTS!!!
Lastly, for anybody who falls under the 3-day cooling off period and is requested to return everything they gave to you, DO NOT GIVE DB YOUR COPY OF THE AGREEMENT THAT THEY GAVE YOU UPON SIGNING. Make sure to KEEP it and anything you signed!! DB should NOT request this agreement copy but if they do, DO NOT FORFEIT IT TO THEM UNDER ANY CIRCUMSTANCES!
GOOD LUCK to any and all visitors to this site! Trudy is a monumental source of information and help.
fem
We were then told, sorry, you cannot join until after 7 years if you reject Direct Buy at that time.
They claimed it is is part of the Franchise Contract but I am an Attorney that is pure Poppycock.
Stay away from these Tele-Marketers turned into scam artists because they can no longer call you at home.
They all take a piece of your 4999.00 from the salesperson that gets you to go there, to greeter, manager and then closer.
The Owner lives in Palm Springs, Florida living off the scam of making you join right there, they need to be investigated, and regulated and he needs to be sued.
We were then told, sorry, you cannot join until after 7 years if you reject Direct Buy at that time.
They claimed it is is part of the Franchise Contract but I am an Attorney that is pure Poppycock.
Stay away from these Tele-Marketers turned into scam artists because they can no longer call you at home.
They all take a piece of your 4999.00 from the salesperson that gets you to go there, to greeter, manager and then closer.
The Owner lives in Palm Springs, Florida living off the scam of making you join right there, they need to be investigated, and regulated and he needs to be sued.
They told us to either give them a check and join now or be banend from joining for 7 years.
This is Class Action material for a Class Action lawsuit, not just for people that did join, but for those that attended a 90 minute seminar, and were lied too. They deserve reimbursement for their time and expenses.
Also, consider a Lawsuit against teh Frachisor and especially the people hired in the video that were trying to make you join, that is what gets teh attention of the Press so many others join in the Lawsuit.
They really did not care about your time since they were paid so don't worry about them.
Direct Buy are former Tele-Marketers turned into TV misrepresentation to take your money and then later discloses all the over costs on handling, shipping, deliveries, and warranties and they do get MFG Rebates under a different name.
But do not pass it along to Club Members.
Think he's from Palm Bch, FL or the Miami area. He's the one who got our bucks, he and his co-horts. If you're an attorney what do else do you have to say?
what you are doing here is amazing... not a lot of people are willing to help complete strangers and devote as much time as you have... sO thank you:)
aNd I'm sorry my posts are so long... I am a writer... and when I am passionate about something... well my words become even longer..
Also I wouldnt consider you response delayed ....I just got scared that this site was also disappearing and being left behind ...like so many others I have found...
Thanks:)