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 keep referring people to Dawn from Ontario, Canada.
Currently her letters start on p. 15 of this site, the pages can change as new letters are added, before hers.
June 13th -She joined db
June 15th -She went in person to try to get her money back
(before she found us)
June 17th -Her 1st letter on this site.
June 29th -She shared her success with us.
She got a cheque,full refund Dated, June 23rd.
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She followed the advice she found here and made an extra effort to
SEND EXTRA REG'D LETTERS.
DB was no match for her, they didn't even have time to argue with her.
NOW, She has joined us to help as many people as she can...
WE ARE VERY PROUD OF DAWN & WE KNOW THAT SHE INSPIRES OTHERS.
Here are the answers to your questions. I'm planning on sending the registered letter out tonight, and tomorrow sending in my copies of everything for my complaint with the consumer Protection Branch.
-I posted my story on Aug 12th, and I received the email response that same day when they told me about the Gold or Silver membership. I have not responded to them since.
- The additional $6,600 for installation costs were given to me in the sales rep's email message. Was not part of the bottom line of the attached window price quote. The $800 was referring to just the freight/shipping for the windows. Since the rep and us couldn't find anywhere it stated whether the installation was Brick to Brick or Retro Fit, we thought that this might be what the the difference was?
- We never actually ordered the breaks, this was a form to fill out for the DB to call to inquire if they had breaks for our type of vehicle. I put this in just to show the horrible customer service I received.
Thanks, I'll post how it goes.
Bex
You don't need a lawyer, yet.
You have to be willing to do some homework, either way.
As far as I know, if you join any class-action, you are not allowed to fight, as an idividual, and they prefer members who have purchased...
BUT, you have options:
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First check your contract to see if it specifies in writing
"Right to Cancel..." Conditions
Google - " 6-1-706 BUYERS CLUB " - IF the conditions
outlined do not match the law, then db is in violation of the
COLORADO CONSUMER PROTECTION ACT - (Pressure to sign without rights)
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DID you get access/password to access prices before the end of the next business day? If not, MISREP material facts that prevented you from being able to make price comparisons, and not giving you a fair chance to cancel
MISREPRESENTATION - db knowingly made false representation about the charactersistics, quality, or benefits of the membership and the products available
-misleading and exaggarated info about the cost savings...
(read through... inc. examples)
---------------------------------------------------------------------------Registered Mail ONLY, Directly to owners, signed by all listed on contract
INC. - you will only accept a response by mail, within 10 business days.
Any questions, let me know where your contract stands, when you go through the above details.
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REMEMBER, WHEN you order "services" from db, (installations...)
YOU do not have a contract with installers & you are not responsible for their mistakes..The companies that db uses are a 3rd party to you...
db has to represent members' in the favour of the member...when db does not force their suppliers to deliver your goods/ services within 30 days, db breaks the law....again & again...
db has a dirty trick of "leaving you with the mess"
db MUST take responsibility to deal with their "suppliers'...
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CONSUMER PROTECTION ACT - ONTARIO
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GOODS & SEVICES ACT - ONTARIO
SAME rights for services as goods
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BUSINESS PRACTICES ACT - ONTARIO
* Products must be delivered to customer within 30 days of ordering
or refund must be given
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In light of the fact that DirectBuy often ignores correspondence and the legal complexities, legal counsel would be helpful.
I have not heard that if a member joins a class action, they are not allowed to fight as an individual. I believe if Vinetta joins a class action, DirectBuy would be at risk in attempting to collect the balance due or supplying negative credit information.
Tom
I think I may be screwed I had already checked w/ my Lawyer before I got to your email- he is going to review the actual contract which has some spaces that are not filled out the contract in itself is misleading! we will see what he (lawyer) says, meanwhile I checked the section 6-1-706 for buyers club - I only had till the following day by end of business to cancel, However, I do see what your saying that I should have been able to access more information to make a more sound decsion- the reason I think I may be screwed is because it talks about DB coming after me if contract goes into default - they can try to collect total balance due within 20 days ....I'm so glad that I stopped paymetn on my check though, Tom...explain what yu mean about DB being at risk to report negative informaion, collections?
WE have not heard from you, I hope that you will be back to let us know what you have decided to do.
PLEASE do not give up.
There is more info just printed at/near the end of this site...
DB breaks 3 Ontario Laws:
CONSUMER PROTECTION ACT
GOODS AND SERVICES ACT
BUSINESS PRACTICES ACT
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DB IS PROFESSIONAL AT ATTACKING YOU SO FAST...
NEW members don't even realize what hit them, because they hypnotize you into their "cult"
BY the time you realize, db stalls you with their professional stall techniques...THEY insult you & make you feel stupid for asking ???...
So that you will go away quietly and be too embarrased to share with anyone who could help you...
AND then they want to "talk by phone..."
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You said you checked out the 6-1-706 -Was the contract written exactly?
As for the "default" clause,
The contract must specifically outline ALL MATERIAL FACTS of the membership
INC. All details of your payment plan agreement
Name of company who is collecting the payment DB? BETA?...?
If it is a 3rd party loan co., must state the annual % rate
Extra fees if in default
& Clear lauguage outlining all details of the payment plan
IF NOT INC. - Misrepresentation
6-1-105 Deceptive trade practices
Let us know what you find, Good Luck.......!!!!!!!!!!!
I suggest you contact Izard Nobel or Craig Matthews.
Tom
If you fail to make payments, the DirectBuy Center and/or Beta Finance would report negative payment information to a credit reporting agency and that kind of information can lower your overall credit score. If you become a named class representative in a class action and DirectBuy and/or Beta Finance thereafter submits negative credit information, they risk creating an additional element of damages. Therefore, after a lawsuit is filed, generally a creditor does not report negative information regarding the named plaintiff.
Tom
Thanks for taking the time to share your experience.
When people make their complaints known on this site, we actually answer people and share and try to give EMOTIONAL SUPPORT & LEGAL HELP.
Most people just feel so "stupid" (the word most used),
but we will try to help to you turn that "feeling" into POWER...
We are hearing more New York stories, lately...you have got to read these,
P.21 - BUGOSIA -he provides a link to DCA -Paragragh: 5-34
Conditions of "non-cancellation" must be clearly defined
OTHER "No cash refund may be deceptive"
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P.25-26 AZIZA -He called db within 3 days of joining (even tho he was told 3 day did not apply)
-DB caved in & offered to rewrite the conditions of his contract & offered him a 1 year (never offered before joining)
We begged him to renegotiate further & tell db to add in the contract that : if he found cheaper prices in retail, that they would give him his money back"...because he now had the power over him, since they were trying every trick in the book to keep his money.
The other part of DCA Law is found if you google :
Consumer law help manual--Contracts---Validity
***Terms of contract must be clearly written
A contract may be considered invalid if it was signed under the following conditions:
UNDER DURESS
COERCION
OPPRESSION
UNDUE INFLUENCE
All of North America have the above conditions, but you just have to find each law, because they may be outlined in different laws
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AT LEAST THEY SHARED VALUABLE INFO, SO POTENTIAL VICTIMS WILL HAVE EXAMPLES OF THE RUTHLESS TACTICS BY DB...
Please read and share your thoughts...You will get more response from others if you post your comments at the end of the file...
Yes, I agree with Tom. Both law firms, Izard Nobel & Chris Matthews are extremely helpful and informative. They will both take the time to explain their particular class action lawsuits and your options. I know that Izard Nobel has a toll free phone number and both law firms can be contacted via email. Class actions take more time and DirectBuy will stall with as many motions to delay and if they lose, I am certainly sure they will appeal. I don't know the particulars of your case but if you read Trudy's information, you might find it helpful.
Good luck!
Thanks for the clarification with class actions lawsuits and negative credit information. I am sure this will bring some relief to those wanting to join the class action.
Thanks for staying on top of this. We are collectively becoming quite a team!
Oooooh, I like your idea of trying to look for a consumer advocate who specializes in scams who victimize the elderly. You always have such good suggestions. I will have to look into that. Keep up the great work!
I live in MI and looked up consumer protection law - Act 276 of 1986 states that, "For a sale of goods, service or memberships if the buyer has been offered anything more than $25 in value in exchange for attending a sales promotion for those goods, services, or memberships, in addition to any other right to revoke an offer, a buyer has the right to cancel the sale and receive a complete refund until midnight of the third business day after the day on which the buyer signed a contract or agreement to purchase."
Do you think this law will cover me canceling my membership as of tomorrow - one business day later? They offered me substantial savings - a value - but not in the form of money or gifts.
Then the lawyer suggested that he contact another lawyer. That seems kind of strange and not constructive or helpful at all. Kind of ironic, after all the suggestions to call the class-action lawyer.
Does anyone know what criteria they use to decide if it will be class-action or not? How can I find out more about this, without having to contact a lawyer, only to be told the same news over again.
Thanks for any help and updates.