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
You just got lucky, it would seem to me. Good for you!!!!!!
It seems DB is all over the place about what rules apply to refund any money. I couldn;t get them to listen to me after I notified BBB and all the news channels in the area. Got a nasty letter from them telling me they could hold me liable for the things that I disclosed in my letter regarding my experience. So brace yourself DB is a FRAUD and we little ones just wanted to save some money as hard times are hitting us all. I am retired now and stopped paying and they got their goons after me by disobeying the law and I think I just got lost in the shuffle of so many complaints that are just never ending.
I found something interesting that might be worth a look. I found this about ten minutes ago so I haven't had time to read it yet so I'm not gonna claim to know much about this.
From what I found, each state has adopted something called a Uniform Crime Code which allows you to bring suit against a company under a part called "bad faith" provisions. This is in regards to contracts. Basically what it says is that however the seller offers their product up in order to make a sale, they need to stick to it, otherwise it's considered a deceptive trade practice. I flipped back to the article that I found this in and it was talking about Direct Buy. If I'm stating this correct, it states that if your serious about breaking the contract and you end up in court, your defense would be that the contract is in bad faith because of the clause about how they are not bound by any oral promises or statements not contained in their Membership agreement.
This might be something else that could be of use. I know that DB has my letter now. I'm hoping to get a response soon...and keeping my fingers crossed it's a cancellation confirmation.
I wrote two letters and sent them Certified Mail by 7 a.m., one to the Brighton store and one to Corporate Headquarters. (both returned confirmation cards signed by Direct Buy employees) I called the bank at 8 a.m. and cancelled my check which was the downpayment for this nightmare. I received confirmation on both letters and a copy of my cancelled check. However.... You know the rest of the story. I am called weekly by Beta Finance. Every time I talk to a person from the Brighton store they tell me no problem we will take care of it. Still waiting... and shouldn't Beta Finance have looked to make sure I hadn't cancelled? or is it ever possible to cancel?
Get the name of the person at db, who confirmed your cancellation,
PHONE Beta, ask who is in charge of account/confirmed payments,
FAX BETA, proof of your cancellation & name of the db person & phone #
state that Beta should contact db, NOT YOU,
Because Beta is NOW Harrassing you!!!
Good Luck!
YOU DO have proof in writing, so call Beta, & ask for a contact name for accounts/payments dept.
Fax your proof of cancellation to Beta,
tell them that they MUST contact db, not you, because NOW THEY ARE HARRASSING YOU!
I'M still so frustrated that everyone is still wasting valuable time
MAKING PHONE CALLS, WE KNOW THAT THEY ARE PURPOSELY IGNORED!
GOOD LUCK!
The quick way. On Google, type in "Is a Direct Contract legal?"
Look for the heading titled "How to Get Out of A Direct Buy Agreement eHow.com....make sure it has the date Oct 24, 2010 in the paragraph.
The long way:
www.ehow.com/how_7385467_out-direct-buy-agreement.html
I'm still waiting on my response from them, still keeping my fingers crossed that it's a cancellation. Maybe I'll hear something this afternoon when my mail runs.
www.thebostonchannel.com/r/13332558/detail.html
www.pressreleasepoint.com/directbuy-offers-ne ... h-more-families
(Explains the difference in gold and sliver memberships and mentions another one bet none of us were offered).
http://edumacation.com/PotentialDeceptivePracticeClaimsAgainstDirecBuy
www.thebostonchannel.com/r/13335585/detail.html
Don't remember why I wrote this one down but maybe it was for a reason.
http://edumacation.com/DirectBuyWevb20070516
thanks,
Search Direct Buy
There's two articles relating to DB. This lady writes for this column and bought a Direct Buy membership and wanted to cancel it. She ended up contacting DB's VP Bart Fesperman and quoted his response regarding cancellation of memberships.
Still waiting for a response from Direct Buy and still hoping it's a confirmation of cancellation and a full refund.
Please don't let them away with it,
SEND Registered MAIL, NO Signature Required (accepted without dispute)
Show written proof of cheaper prices,
Refer to your Consumer PROTECTION ACT/Unfair trade practice act
Some have both titles combined in the Act
-FRAUD- PROMISE of excess savings that do not exist
Deliberately omit MATERIAL FACTS (main details) of their membership, that IF you knew, you would not have joined,
Not bound by verbal...(their licence to LIE...)
DURESS= ...CAN'T come back,
No cancel..no refund, no trial...
If you can't afford it,
they HIGH PRESSURE you, into a HIGH RISK LOAN...
THEY "SELL" your debt to a 3rd party,
so far the complaint is that it is done without your knowledge,
so, without your consent
-promise that they will not do a credit check, also done without your knowledge or consent,
ANOTHER EXTREMEMLY STRANGE CONFLICT IS THE FACT THAT
ALTHOUGH THE new member finds out later that a credit check has been done
IT is done for their benefit,
BUT, db does not properly qualify you for the loan that db gives you,
(indirectly)
IF DB DID THE PROPER QUALIFYING PROCEDURES FOR THEIR BETA FINANCE LOAN,
MOST NEW 'victims' would be let go to their freedom,
BUT, once you were pulled into their web, they
DON'T LET YOU OUT OF THE SPIDERWEB...
===========================================================================
IF you let me know where you live,
I CAN ALSO, refer you the class action suits,
PLEASE DON'T GIVE UP, WITHOUT A FIGHT!!!
There's a follow up article dated about a month later and she states the VP (Bart Fesperman) kept his word. She got her membership and some other members also got theirs. She mentions one membership that was refunded was 2 yrs old.
things have changed alot since then
I've spent alot of time reading these threads and we all have the same things in common.
We all attended an open house, took Direct Buy at their word, got pressured into signing a membership contract that we didn't initially read, had regrets later, found that we had or didn't have a 3 day cancellation policy, researched Direct Buy on our computers, realized we made a really expensive mistake, are looking for a way to desperately get out of our contracts, and ended up here where some of you have gotten out.
I want to be some of you too. I'm Victim of One Sided Contract and Karma. After following the advice, I didn't feel like a victim anymore so I stopped calling myself one. I believe what goes around comes back around so I called myself Karma. I'm just trying to help myself and anyone else I can too along the way and I realize the article was dated 2007. However, I researched all the way back to 2003 and no one until around 2007 had posted anything about successfully getting out of the contract. I'm trying this route now.
My name is Shelia Coats. I live in Florence, Alabama. I joined Direct Buy of Huntsville last month. I sent my required letter 13 days ago and I have recieved no response. My group was told the membership fee was a one time fee for a LIFETIME membership with dues of $198.00 starting on the 4th year. I did not want it then, refused it numerous times, and was kept there and additional 90 minutes after the open house. I even opted out and signed and was on the way out the door when they made us yet another offer. We agreed. No mention of a different membership. We thought we were still purchasing a LIFETIME membership. We had actually intended to pay a larger downpayment but the DB manager entered the wrong amt on our card and we were running late for another engagement and although we informed them of their mistake then, they offered to fix it, we said leave it so we get get done and get out. I ended up with a 3 yr Gold membership. Technically I purchased a Silver. However, we didn't know there was any difference other than down payment vs monthly payment amts and accumulated interest. It was still assumed to be a LIFETIME membership. That's what we were told it was, that's what we thought we bought. It wasn't. Have since learned they don't even have a Lifetime membership.
I live in Alabama. My contract falls under Louisiana law. Louisiana didn't adopt secton 2 and 2a of the Uniform Crime Codes. Furthermore, because I went to their stupid store, according to our BBB magazine, I wouldn't have had a 3 day option to cancel. However, because they contacted me by mail and phone at my residence in Alabama, under Louisiana law, if it goes to court, it goes in my jurisdiction. Louisiana has the same rules about going to the merchants usual place of buisiness and entering a contract. Guess that's why they chose to draft the contract under Louisiana. Did I know that when I signed it? No, never even knew about any of it.
I'm not a deadbeat, I pay my bills, I have excellent credit as does my husband. We've worked hard for everything we have. We stick by what we say and we expect others to do so as well. Had the contract contained what was presented and what we actually thought we purchased, you would have never heard of me. However, I thought it was expensive at $4900 for a Lifetime contract. I think it's outrageous for just a 3 yr.
My advice to Direct Buy. Restructure your policies. Get rid of these $4900 membership/ finance agreements. Change it to a $200/yr membership. You pay $200, your good for that year. Don't wanna continue, your not obligated to do so. Go to standard Fedex or UPS shipping rates and allow members to return items for the same amt of shipping if it's defective or unwanted. Make it to where you can come back and rejoin as many years as you want to, any day that Direct Buy is open. Get rid of the contracts, issue membership cards, and answer your phone calls like any other respected business would do. Send out Visitors passes like Sam's does so potential members can come in and see what it's all about without sitting through a misleading representation. People are more likely to spend money with you when they don't feel like they are being ripped off or risking thousands more by attempting to do business with you. Your still gonna get the manufacturers rebates regardless aren't you? All you need is folks to order through you. It's not right to present a trusting consumer with a contract that's going to strip them of all their rights and then ruin their credit if they don't pay when you knew damned well you mislead them into signing it and never had the first intentions of sticking by anything you told them or promised them prior to the agreement. You even put a clause in the contract exempting you from it...but you still expect us to hold up our end. That's just a sorry way to conduct your business.
Thank you. My name is Shelia Coats. I signed with Direct Buy of Huntsville Alabama. I can save potential members thousands too...about $5000 right off. Tear up the fliers that come in the mail, hang up on the solictier that calls the house, and for God's sake get back in your car and drive away. Potential members, you don't owe me anything.
My phone number is 770-671-8622
Thanks,
Lori