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
I DIDN'T WRITE THAT, to Keith! WHY WOULD I? You propably wrote it,
you're the Trader!
IF MY Fame went to my head, I would be charging for advice!
I DIDN'T WRITE THAT, to Keith! WHY WOULD I? You propably wrote it,
you're the Trader!
IF MY Fame went to my head, I would be charging for advice!
Any advice for when they don't respond?
There is no mention of cooling off period. In bold they do have a paragraph which states:
"You agree to pay the price for your membership on the terms above and acknowledge thaty your membership is not cancelable, and your membership fees are not refundable, except as may otherwise be provided by applicable law or disclosed in this agreement. Payment for membership is nto conditioned on the use of the membership."
This is a draft of what I want to write but I'm so nervous and muddled, I don't understand what to copy and paste from Fem on page 104. Please review the content below and guide me.
On Saturday, November 13, 2010, I signed an agreement to buy a Silver Access 3 year Membership Term from you at a price of $3590.00 plus $466.70 HST totalling $4,056.70 under the 90 day no interest paying option. I was charged a down payment of $1352.24 on my Master Card at 16:55 (refer to receipt) even before I was handed the membership form to fill in. I was not provided sufficient time to carefully and thoroughly read through this form as closing time was fast approaching. I was told by your staff members, Isabelle and Rea that the balance of $2,704.46 had to be paid no later than February 15, 2011. I was to call the 1-800 number shown on the Consumer Promissory Note before I made my next credit card payments which could not be more than $2,000. Isabelle looked over the form and completed areas I missed such as name of position. Rea next directed me to the filing cabinet to try out the “key” for the $50,000 prize. Isabelle explained the possible prizes, had me scratch the card, explained that if no key opened the lock, then I and others would have another chance to try it. She placed the key I had selected in the next drawer of the filing cabinet. She handed me a Travel Get Away Gift that expires Nov. 30, 2010. Then they escorted me to the exit at 17:24 pm. I was not allotted reasonable time to read the Direct Buy Membership Guide, the details of the Consumer Promissory Note or the Silver Access Membership agreement and have all my questions and concerns adequately addressed between 16:55 and 17:24.
I find you staff excessively manipulative with their sales tactics and pressures.
Today, I hereby exercise my right to rescind the agreement as a result of unfair business practice(s) as described in the Consumer Protection Act. (Part III, Unfair Practices, article 15 (2)(h)) and that the credit card charge of $1352.24 be annulled.
I look forward to your immediate reply that MUST be in writing within ten business days.
Keep doing what you're doing and don't let anyone get you down. Everyone you have helped and encouraged stand by you. We would never believe people who think your being a top poster and expert in your field is going to your head. It's too bad that people can also post as "Trudy"
I saw this on the news the other day which PROVES that the BBB is also scum:
http://www.hulu.com/watch/193017/abc-2020-fri ... tion#s-p1-so-i0
Watch it and let me know what you think.
I hope to hear from you before I send it today.
Appreciate all your advice. I did some revision and hope this covers all the references that will be helpful. I will fax it soon and send the hardcopy by registerd mail. Is express mail just as good?
Today, I hereby exercise my right to rescind the agreement. The following references list proof of the three day cooling off period guaranteed by Direct Buy’s Corporate policy:
1) MARCH 27, 2009-Video Investigation broadcast by CBC MARKETPLACE-THE PRICE CUT PROMISE - Ms. Christine Demarsh, President and Owner of the Direct Buy franchise in Barrie, Ontario. SHE stated that DB Corp. was in the process of printing new contracts that included the 3 day cooling off period.
2) May 2007 article by The Boston Channel that provides the full statements dated May 16, 2007 and May 22, 2007 from Mr. Bart Fesperman, Vice President of Sales & Marketing of Direct Buy Headquarters in Indiana. HE is quoted as stating "Regarding our cancellation policy, any new member can cancel their membership within three days of joining. Members outside of the three-day policy who are experiencing problems with their membership are welcome to contact their local franchise to discuss resolution."
According to S.C. CONSUMER PROTECTION LAW, a contract cannot be written biased in favour of a company, forcing a consumer to give up their rights to complain and or cancel an agreement.
In addition, the agreement terms regarding "NO refunds” is a violation of The C.P.A. Part II, # 7 which states that a contract cannot waive my rights as a consumer and C.P.A. Part III, # 15(2)(h) regarding unfair business practice(s). Your agreement term regarding “NO cancellation” renders it invalid and obsolete.
Have you heard any news on a class action lawsuit against direct buy and if there is one can you let me know, I'm interested in finding out for the new jersey, new york area???
I signed on Sat., send a letter with all the information Trudi said to put in along with my signed cancellation form by certified mail with overnight delivery on Monday. DB signed for the letter on Tuesday. It took until Tues for the charge to show up on my credit card. I called my credit card company immediately and placed the charge in dispute. The credit card company notified DB that the charge was in dispute.
After 15 days, the credit card company called me to ask if DB had contacted me (no they hadn't) and to ensure that I had a copy of the signed cancellation form (I do), post office receipt showing that I mailed the letter within the 72 hr. time period (I do) and had a post office receipt showing that DB signed for the letter (I do).The credit card company has credited my account and has notified DB that they need to return the money to the credit card company. The credit card people said DB has 25 days to either prove that I didn't cancel within 72 hr or return the money and the burden of proof falls on DB. If DB doesn't return the money the credit card will file suit to collect from DB.
THe 10 days has come and gone and we still haven't heard anything from DB. Trudi should we contact them again in writing, or let this thing play out through the credit card company?
I HOPE that you see this, before you send EXPRESS POST (o.k.)No signature
you have made reference to the S.C. Act (NOT APPLIC.)
YOU should only refer to the CONSUMER PROTECTION ACT OF ONTARIO
clauses that you list are the same...(still add to end of letter to db
===========================================================================
...YOUR letter should inc:
---The contract states "...NO CANCEL ...(fill in exact wording)
---You are rescinding .... guaranteed by DB CORP POLICY...
---LIST your references -
list 1) 2007...your quote "re cancel..."omit 'Members outside..."
I SUGGEST inc. a copy of the Boston article -link is on p. 91
highlight the date, & THE clause you refer to in your quote
2) 2009...
CORRECTION(as I mention above) CONSUMER PROTECTION ACT, ONTARIO 2002...
Request confirmation in writing, of the cancellation
within in 10 business days of receipt of your Express Post letter,
*confirmation that you have been refunded of any money you have paid,
& CONFIRMATION that you do not owe any money to db or any 3rd party...
Good Luck!!!
CONTACT THEM BY FAX...FOLLOW=UP to Reg letter received by you (db) on date_______________...,,LIST details, & requests again...
Db is committing Consumer fraud
Send registered mail...
refer to 2010 Tennessee Code
Title 47-
Chapter 18 -Consumer PROTECTION
47-18-104
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you did not mention where you live
I just responded to you, sorry I'm so late.
Hope I'm not too late to add my revisions, let me know.
Your help means the world to me. Thanks so much. Sorry, I sent it already. I did ask for written confirmation within 10 business days that they rescinded the contract and reversed the credit card charge and cancelled the remaining balance. What do I do next and when?
Do I need to send a letter to the company listed on the promisory note that was to do the credit check and whom I was to call when I was to process other payments? How soon should I contact my credit card company to inform them about this? If DB does not answer, what do I put in the follow up letter? I hope I get a positive result like FEM did?
Congratulations toots, that the credit company is on your side! Toots are you in ontario, too?
I don't have a cancellation form. So I should call Master Card and tell them I dispute the credit and sent a registered letter that I rescinded it? Is there a class action suit in Ontario or Canada against db?
All the best wishes for a positive outcome to you toots and all the other victims! Thank you all for your support.
Db can sue you for disputing the credit?
Sorry I moved too quickly. Should I write another letter and send it by registered mail today, which is my deadline?
For the credit dispute is their a form to fill out? How does that work?
Did you have to complete a form for the credit card dispute? Are you with Visa or MC?
Call the Credit Card Co. Immed., they will tell you their procedures.
As for a follow-up letter, I suggest waiting a few days & check with the post ofc. to confirm the date that they received your letter,
...your follow-up can be by FAX, inc. any correction & ADDITIONS...
I will go over it with you, over the next few days, when I have more time.
I WILL catch up with everyone very soon, ...sorry for any delays...
DON'T GIVE UP!!!!!!!!!!!!