Don't make our mistake

Complaint

-1
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.

Comments

  • 0
    Roger
    Dear Discouraged-
    Yes, I know it takes a good amount of patience to see a class-action case to the end and actually get your money back. However, there is power in numbers. The more people who voice their dissatisfaction and get involved, the more pressure there is on the class action attorney and judge / jury. DirectBuy is already using its dirty tactics in California by trying to get the case tried in a lower court, which means there will be less plaintiffs and less loss to their company. Did you try to call one of the class action attorneys listed on this site? They are helpful and will walk you through the process. As far as I know, the class action attorneys set broad time limits for those who join the case. They do list the dates of those negatively affected as from Month, day year to present. I do not know about the official statuate of limitations.

    I would try calling one of the attorney's listed (they are patient and helpful) and also try Trudy's suggestions for sending written correspondence listed on this website. You may need to read through a few pages to get the information you need.
  • 0
    Trudy
    Hi Tanya
    I always suggest "exercising your right to cancel" no matter what the contract says.
    There are 3 parts to their pitch  1) sales presentation (Video)
                                     2) the verbal lies and promises
                          AND        3) the actual contract
    All 3 aspects are not consistent and are misleading and contradictory,
    They ask you to agree to wait until the video presentation is over, before you ask  any questions
    They ask you to answer a misleading questionairre
    They use every stall tactic to avoid you from having time to read the contract (high pressure)
    ======================================================================
    I found you some parts of law that you can use to cancel-
     
    Google "AG I changed my mind"
           3. The contract does not tell you of your right to cancel.
              NO REFUND   asks you to give up your legal rights, if db does not fulfill their obligations
    =======================================================================
    Google  "Michigan consumer protection act"
            445.903  Section 3
            (1)      Unfair, unconscionable, or decptice practices
                (aa) causing COERCION  and DURESS   as a result of the time and the nature of the sales presentation
    ========================================================================
    Let us know how it goes.
                         
           


    -------------------------------------------------------------------------
  • 0
    domc1107
    I was scammed by db back in 2006. I went to the "store" demo and at the end was told I have to sign up now, that if I left, I would not be able to join at a later time. (Which, was a lie since they sent me many invitations to join since then.)
    I was on the fence at the time and hadn't done any research on db. Like a fool, I signed, thinking that I would save money by not paying retail on big ticket items, like furniture, appliances or fencing for my yard.
    When I got home and researched db on-line....what a shock!! So many complaints about db. They don't have to guarantee me any savings!! All I was going to end up with was a bill for the membership? I called the next day and tried to cancel, I was told their contract did not allow me to cancel!!! The contract was for for over $4000 and all I got was the payment book for Beta Finance. I never used the 'service'.
    At first, I was struggling to pay the bill, thinking I was stupid for getting myself stuck in this situation. I stopped paying after the first year and didn't hear anything from Beta Finance for months. Then a collection agency started with threatening phone calls at home and work. They are very rude and still hounding me to this day. They threaten to take me to court, but never do. They know that are full of it.
    I feel the contract is fraudulent, due to the pressure to sign and the false promises made by db.
  • 0
    Need help in NJ
    I'm in the same boat like everyone else - got suckered into DB!!!  We joined to save money on redoing our kitchen. It's been a total nightmare! I'm at the point where I'm ready to take action and send a Consumer Protection Demand Letter similar to the one referred to Mitch on page 15. Is there one like that for New Jersey?  I can't seem to find one.  I've searched NJ's Division of Consumer Affairs website but can't seem to find it.  Please advise.
  • 0
    Trudy
    Hi domc1107
    Since you joined approx. 3 years ago, I am wondering if you have anything in writing, stating that you tried to cancel and do you have any written responses from db.  
    You did not actually mention where you live, but if you answer my response to you, someone on this site might be able to advise you.
    I think that Roger and Tom might be able to answer questions about the lawyers listed on this site.  
    It sounds like some legal advise would help you.
    You have 3 issues now, so be sure to inquire about all 3,
    db,  Beta   and the collection agency...  let us know where you live and any other comments or questions you have...Good Luck.
    You need to deal with the
  • 0
    domc1107
    I'm in Pennsylvania. I joined in Trappe, PA. How ironic!!!
  • 0
    Trudy
    Hi "Need help in NJ"
    The reason you cannot find the "demand letter" is because it is  specifically for Massachusetts only.
    Each State comes up with their variations, and I do specific research before I answer.
    The New Jersey Div'n of Consumer Affairs site IS the correct agency.
    You will see   "File a complaint"
                  "How to file..."
    Use the        "OCP complaint form"  as your guide (I suggest reg'd mail)
                  "Office of consumer protection complaint form"

                   At the bottom of the form, it states that they need your permission to submit the complaint to the co. for you.
    Any questions or comments you need to sort out before you submit your complaint, please let us know...Good Luck!
  • 0
    domc1107
    My question is how to put a stop to the collection agency and all the way back to db. I moved a number of times since the first contact with db. May not have all written records. I called the 'store' wanting to cancel and was told I couldn't. The only contact I ever had since the loan started, was the collection agency.
  • 0
    DB HATER
    HI DOMC1107
    Trudy just responded to you above.
    Under normal circumstances I would say to contact db,
    BUT they make such ruthless contracts, where they con innocent people into agreeing to illegal conditions,
    SO, I found some info  
    GOOGLE:  "Credit rating for loan default"
             Is loan default right for for dealing with debt?...
             Suite 101.com  TITLE:  Personal debt, charges & interest payments
    END OF PARAGRAPH:        "Some people manage to escape personal debts by avoiding payment & contact with creditors for a period of 6 years."

    It does not say where/how it applies...BUT, if there is any way that this might be possible...try to look into it, but protect your identity or it will backfire on you...
  • 0
    Need help in NJ
    Thanks Trudy I found it.  We were actually thinking of going to DB to tell them our situation, but from what I read here sounds as though that is the wrong thing to do - that I should do everything by registered mail.  I can't even begin to tell you how furious we are with them! I sound like everyone else. NJ Div of Con Affairs wants facts related to our complaint which I have, but because we never went in to try to get our money back or didn't complain to anyone yet, does that matter? I'm afraid that DB might turn it around stating that we never had a problem with them.
  • 0
    Tom
    Discouraged,

    The lawsuit being put together by Craig Matthews (cmatthews@ctmlaw.com or 937-434-9393) will be a drafted to be a national class action and will seek full return of membership fees for those who wish to cancel their membership.  There are no quick and easy solutions.  DirectBuy has been at this for many years and has accummulated a massive warchest which it routinely uses to fight in court.  Given the abussive practices of DirectBuy, some of which are set forth on this site, I believe justice will prevail in a national class action.

    Tom

    Tom
  • 0
    Tom
    If the member did not document that they attempted to cancel within 3 days, it is going to be difficult.  A number of attorney general offices are investigating DirectBuy, but they suffer from staff shortages and are up against a corporation that can afford to hire big law firms.  In Ohio, the attorney general investigation went on for years and ended up with hardly a slap on the wrist for DirectBuy.  I believe it is going to take a national class action to effectively deal with DirectBuy.  If you want information about one being put together now, you can contact the Ohio attorney, Craig Matthews, at cmatthews@ctmlaw.com or tel 937-434-9393.
  • 0
    DB HATER
    NEVER, NEVER, & I REPEAT NEVER TALK IN PERSON.....
    THEY ARE VULTURES THAT PREY ON THE WEAK & VULNERABLE.........
    ANGER shows vulnerability to them  
    AND  they do not ever have to prove anything verbal...they love anger in person, so they can make you feel "stupid"(word used most often by the scammed),
      IF you yell, they make you feel like you are crazy...they will make it look like you are the liar...you misunderstood...you didn't listen to the video presentation "everything was explained in the video..."
    BUT the contents of the VIDEO is NOT in the contract,
    AND they are under NO OBLIGATION to put in writing, what has been said in the VIDEO...
    AND they do not have to put any of their LIES in writing, either

    REG'D LETTER is the only way to FORCE them to put their VERBAL GARBAGE into writing, so you have something to start with, to argue

    I PROMISE YOU that when they get the REG'D LETTER, they will call you,
    ask to speak to you by phone (so they can tape it)
    AND/OR  Ask you when you can come in and talk on THEIR TURF (intimidation)

      EVERY SINGLE MOVE THAT THEY MAKE IS COLD & CALCULATED...
    FROM the clothing they wear, to every single word that they say and the PHONEY COMPASSION IN THEIR VOICES...
    PSYCHOLOGICAL MANIPULATION
    DB DEFENDERS ALWAYS "NAME CALL" in answer to complaints (many examples on this site, & on other sites.........)
    Document as much as you can, in writing
    It would help if you try to find some writen proof of  cheaper retail prices
    GOOD LUCK
  • 0
    Roger
    Tom-
    Yes, it was sad that DB only got a slap on the wrist and could continue to do business as usual. I have tried contacting the California's AG, however, there just aren't enough people affected by this scam to get the attention it deserves. How is the class action going? I hope there are attorneys who want to get the ball rolling so we don't have to wait too many years to get our refunds.
  • 0
    Terry
    Well, as expected...two weeks have gone by since the registered letter was sent and silence reigns.  No response from DB although I did get a nice, quick response from Craig Matthews.  I guess the next step would be to become a class representative in the national class action?  In the meantime we have received the DB membership cards, access to their web prices and weekly email specials.
  • 0
    Tom
    Roger,
    I understand the new national class action (Craig Matthews) is close to filing and they are looking to hear from members who purchased merchandise, as opposed to members who did not purchase merchandise and just want a refund.
  • 0
    Happy in NorthEast
    I want to thank everyone on this board especially Rita, Trudy and Roger for their hardwork and valuable advice, as I was able to recoup my membership fees within two days of sending my registered letter to direct buy.
    I would like tell everyone that because every situation is different, you must tailor your actions to your unique situation. Some owners are understandable and accomodating, others might not be, some directors are can be pretentious and not nice at all, others might be. The underlining theme is, if you realized your mistake and want to cancel, you must act FAST.
    Write your certified letter, stating your intention and the reason for your intention. You don't have to make up stories. You have enough info than you realized.
    In my case, I went to the DB site after the letter, and spoke to the owner and the director both. The director was very upset about my letter because I make him look bad and he didn't force me to sign the contract. He even went on to say he didn't take my credit card from my pocket. The owner tried her best to be unemotional and level headed but I know deep down she was unhappy. My money was refunded after an hour meeting the owner and the director. I wouldn't have gotten my money refunded that quickly if I didn't go the DB site that day. I explained my situation which any reasonable person can understand: and that is my membership fee is what I have budgeted for my purchases and I wouldn't be able to realized any gains from the membership because I don't enough to buy and wouldn't be buying enough in the future. I also needed the product in a week which DB would not be able to do for me, and hence has no reason to continue my membership. More to follow.
    NE.
  • 0
    Roger
    Tom-
    Thanks for updating us on the stauts of the case. I never made any purchases as I always found better deals with less grief elsewhere. My wife & I joined in late 2007 and are looking specifically for cases involving refund membership for those who didn't make any purchases. Good luck on your case and keep updating us!
  • 0
    Roger
    Tom-
    Thanks for updating us on the stauts of the case. I never made any purchases as I always found better deals with less grief elsewhere. My wife & I joined in late 2007 and are looking specifically for cases involving refund membership for those who didn't make any purchases. Good luck on your case and keep updating us!

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