Comments for Thumb & Hammer Blog http://thumbandhammer.com/blog Our life in a Money Pit Mon, 14 May 2012 04:22:07 +0000 hourly 1 http://wordpress.org/?v=3.3.2 Comment on Ode to spring cleaning (and the accumulation of “stuff”) by Plumbers http://thumbandhammer.com/blog/2012/04/spring-cleaning/#comment-72447 Plumbers Mon, 14 May 2012 04:22:07 +0000 http://thumbandhammer.com/blog/?p=963#comment-72447 I started thinking about all the places and your post very usefull me i hope you take here more and more details i waiting u always.........thanks!!!!!!!!1 I started thinking about all the places and your post very usefull me i hope you take here more and more details i waiting u always………thanks!!!!!!!!1

]]> Comment on Second meeting with architect brings bad news by Thumb & Hammer http://thumbandhammer.com/blog/2011/05/second-meeting-with-architect-brings-bad-news/#comment-72441 Thumb & Hammer Mon, 13 Jun 2011 16:48:34 +0000 http://thumbandhammer.com/blog/?p=718#comment-72441 We did not have a full inspection done before purchasing this house. That was our fault, in an attempt to save some money and have the ability to make an offer without that condition. Hindsight is 20/20 and our experience should serve as a warning to others. We did have an informal inspection done by someone we trusted and certainly he let us down. But with no contract and no paper trail, we have no recourse against him. A home inspection is NOT REQUIRED in Ontario. As for the disclosure, I believe that the previous owner thought that there was nothing wrong with any of his renovations. I also believe that he had been encroaching on the neighbouring conservation land for so long that he honestly thought he ownned it. And I believe that between the previous owner and his agent nobody thought there would ever be an issue with the minor encroachments since the conservation land would never be developed. Finally, I believe that we do have a legitimate claim against the previous owner. We could take him to court and we might even win, depending on the statute of limitations. But would we be able to collect? Not very likely. Blood from a stone. Frankly, getting tied up in an expensive legal battle for the next several years does not appeal to me, even if it means possibly recouping some of our money if we win. And there is the possibility that It could end up costing us a lot of money if we lose. Bottom line is that a garage was important to me. I should have made absolute certain that we had the ability to build one where I wanted before buying the house, instead of relying on a real estate agent's statement that "oh yeah, you have room." We did not have a full inspection done before purchasing this house. That was our fault, in an attempt to save some money and have the ability to make an offer without that condition. Hindsight is 20/20 and our experience should serve as a warning to others. We did have an informal inspection done by someone we trusted and certainly he let us down. But with no contract and no paper trail, we have no recourse against him. A home inspection is NOT REQUIRED in Ontario.

As for the disclosure, I believe that the previous owner thought that there was nothing wrong with any of his renovations. I also believe that he had been encroaching on the neighbouring conservation land for so long that he honestly thought he ownned it. And I believe that between the previous owner and his agent nobody thought there would ever be an issue with the minor encroachments since the conservation land would never be developed.

Finally, I believe that we do have a legitimate claim against the previous owner. We could take him to court and we might even win, depending on the statute of limitations. But would we be able to collect? Not very likely. Blood from a stone.

Frankly, getting tied up in an expensive legal battle for the next several years does not appeal to me, even if it means possibly recouping some of our money if we win. And there is the possibility that It could end up costing us a lot of money if we lose.

Bottom line is that a garage was important to me. I should have made absolute certain that we had the ability to build one where I wanted before buying the house, instead of relying on a real estate agent’s statement that “oh yeah, you have room.”

]]> Comment on Second meeting with architect brings bad news by Sacramento Plumber http://thumbandhammer.com/blog/2011/05/second-meeting-with-architect-brings-bad-news/#comment-72440 Sacramento Plumber Tue, 07 Jun 2011 04:30:18 +0000 http://thumbandhammer.com/blog/?p=718#comment-72440 Why wasn't there an inspection before the house was purchased? If there was an inspection and they found nothing wrong, you would have a case against the inspector for not doing their job properly. Also, most states require some form of seller disclosure. The form of disclosure also varies: Some states require a seller to complete a questionnaire about their property's condition; in other states, disclosures can be made verbally. In some states, seller disclosures are voluntary. The only sellers excluded from disclosure laws are banks and mortgage companies with foreclosure properties. If the seller knew of the issues, you might have a claim against them for their failure to disclose this item to you. Why wasn’t there an inspection before the house was purchased? If there was an inspection and they found nothing wrong, you would have a case against the inspector for not doing their job properly.

Also, most states require some form of seller disclosure. The form of disclosure also varies: Some states require a seller to complete a questionnaire about their property’s condition; in other states, disclosures can be made verbally. In some states, seller disclosures are voluntary. The only sellers excluded from disclosure laws are banks and mortgage companies with foreclosure properties.

If the seller knew of the issues, you might have a claim against them for their failure to disclose this item to you.

]]> Comment on Settlement in DirectBuy Class Action Lawsuit by Jeff http://thumbandhammer.com/blog/2011/01/settlement-in-directbuy-class-action-lawsuit/#comment-72433 Jeff Wed, 27 Apr 2011 18:20:50 +0000 http://thumbandhammer.com/blog/?p=686#comment-72433 The lawsuit is a bit confusing. My membership ended March 31st but the suit considers me a member as of the january deadline so I only get the 2 months which is kinda useless. Would rather have been deemed a past member as it seems their deal is better. 10 years of membership & I can honestly say I have not even recovered half of the fees in savings. Plus the whole pay up front is insane. I pay $2000.00 cash to wait 3 months for a couch. I can go online & purchase things with a credit card but when I go in to order I am forced to pay cash. When we originally signed up the pressure was immense & savings were highly overinflated. Plus I was shocked this past year when I received the notice telling me my 10 year membership was up & I would be forced to buy another to continue. Guess I should have read the fine print on the contract but the salesmen also have a duty to explain things as well, which they did not. Most electronics can be bought on sale @ the big stores for cheaper when you factor in the shipping costs & driving. Furniture is questionable to buy because until you've actually sat in it or laid on it how would you know if it is for you? Flooring, cabinets et all seem way too pricey for supposedly at cost. I have never been happy with the savings, communication of changes or really anything to do with Directbuy. The lawsuit is a bit confusing. My membership ended March 31st but the suit considers me a member as of the january deadline so I only get the 2 months which is kinda useless. Would rather have been deemed a past member as it seems their deal is better.
10 years of membership & I can honestly say I have not even recovered half of the fees in savings.
Plus the whole pay up front is insane. I pay $2000.00 cash to wait 3 months for a couch. I can go online & purchase things with a credit card but when I go in to order I am forced to pay cash.
When we originally signed up the pressure was immense & savings were highly overinflated. Plus I was shocked this past year when I received the notice telling me my 10 year membership was up & I would be forced to buy another to continue. Guess I should have read the fine print on the contract but the salesmen also have a duty to explain things as well, which they did not.
Most electronics can be bought on sale @ the big stores for cheaper when you factor in the shipping costs & driving. Furniture is questionable to buy because until you’ve actually sat in it or laid on it how would you know if it is for you? Flooring, cabinets et all seem way too pricey for supposedly at cost.
I have never been happy with the savings, communication of changes or really anything to do with Directbuy.

]]> Comment on Settlement in DirectBuy Class Action Lawsuit by Thumb & Hammer http://thumbandhammer.com/blog/2011/01/settlement-in-directbuy-class-action-lawsuit/#comment-72423 Thumb & Hammer Wed, 06 Apr 2011 04:27:58 +0000 http://thumbandhammer.com/blog/?p=686#comment-72423 Your point is well-taken, except that full payment is required at the time that the customer places the order. DirectBuy implied in their literature that members receive direct-from-the-manufacturer pricing. Therefore, if the manufacturer offers discounts, for whatever reason, the member should be entitled to those discounts. Thus,any early payment discounts *should* be passed along to the member. DirectBuy, as a company, is sllowed to make money. They do this by recruiting members-- charging thousands for initial membership fees plus annual renewal fees. The common thread of the lawsuits I've seen is issue of the level of deception the company uses in recruiting those members. Your point is well-taken, except that full payment is required at the time that the customer places the order. DirectBuy implied in their literature that members receive direct-from-the-manufacturer pricing. Therefore, if the manufacturer offers discounts, for whatever reason, the member should be entitled to those discounts. Thus,any early payment discounts *should* be passed along to the member.
DirectBuy, as a company, is sllowed to make money. They do this by recruiting members– charging thousands for initial membership fees plus annual renewal fees. The common thread of the lawsuits I’ve seen is issue of the level of deception the company uses in recruiting those members.

]]> Comment on Settlement in DirectBuy Class Action Lawsuit by JAMESON http://thumbandhammer.com/blog/2011/01/settlement-in-directbuy-class-action-lawsuit/#comment-72422 JAMESON Wed, 06 Apr 2011 01:58:11 +0000 http://thumbandhammer.com/blog/?p=686#comment-72422 Just because certain manufacturers give discounts if a bill is paid in full by a customer doesnt entitle a member to those discounts...If direct buy didnt pay the bill early then the discount isnt applied. would members pay late fees if the direct buy club happens to pay the bill late...it works both ways and its just an example of lawyers looking for ways to get money from legitiment companies to pad their own wallets...i bet the lawyers took home plenty of earning from this class action lawsuit and the people named as plaintiffs only received a few month memberships for free....so who really are the crooks and who really benifited from this lawsuit.... think about it Just because certain manufacturers give discounts if a bill is paid in full by a customer doesnt entitle a member to those discounts…If direct buy didnt pay the bill early then the discount isnt applied. would members pay late fees if the direct buy club happens to pay the bill late…it works both ways and its just an example of lawyers looking for ways to get money from legitiment companies to pad their own wallets…i bet the lawyers took home plenty of earning from this class action lawsuit and the people named as plaintiffs only received a few month memberships for free….so who really are the crooks and who really benifited from this lawsuit…. think about it

]]> Comment on Settlement in DirectBuy Class Action Lawsuit by Francisco Hernandez http://thumbandhammer.com/blog/2011/01/settlement-in-directbuy-class-action-lawsuit/#comment-72419 Francisco Hernandez Tue, 29 Mar 2011 15:34:21 +0000 http://thumbandhammer.com/blog/?p=686#comment-72419 I also was duped into buying their membership due to their high savings and quick sales pitch here in Texas. I found that the one here in North Texas doesn't belong to Better Business Bereau and opened a complaint, BBB opened and closed it admin. I went back a month after trying to get my money back the day after I signed to match prices from fliers I gotten from Conn's and Fry's and two reps that help me to match price they couldn't find anything of the 4 items I need it at the price Conn's offered. One rep told me that it didn't seem like this was for me and is not going to work out the way I wanted. The other rep said that the sales man should of explain better and someone from corporate would be contacting me about matching prices on items they carry in their catalogs, as of today a month later no one has contacted me. I want to know if anyone knows of a class action lawsuit here in the Dallas area or want to open one up. thanks in advance! I also was duped into buying their membership due to their high savings and quick sales pitch here in Texas. I found that the one here in North Texas doesn’t belong to Better Business Bereau and opened a complaint, BBB opened and closed it admin. I went back a month after trying to get my money back the day after I signed to match prices from fliers I gotten from Conn’s and Fry’s and two reps that help me to match price they couldn’t find anything of the 4 items I need it at the price Conn’s offered. One rep told me that it didn’t seem like this was for me and is not going to work out the way I wanted. The other rep said that the sales man should of explain better and someone from corporate would be contacting me about matching prices on items they carry in their catalogs, as of today a month later no one has contacted me. I want to know if anyone knows of a class action lawsuit here in the Dallas area or want to open one up.

thanks in advance!

]]> Comment on Settlement in DirectBuy Class Action Lawsuit by ThumbandHammer http://thumbandhammer.com/blog/2011/01/settlement-in-directbuy-class-action-lawsuit/#comment-72418 ThumbandHammer Thu, 10 Mar 2011 22:36:08 +0000 http://thumbandhammer.com/blog/?p=686#comment-72418 If you were part of the same class action, the case is "Wilson v. Direct Buy. The website url is . If you don't have the password they sent you, you'll be able to recover it if you still have your membership number. If I remember correctly, the deadline for responding was in March, so if it hasn't already passed, you don't have much time. Good luck, and I hope you get some value out of the settlement. If you were part of the same class action, the case is “Wilson v. Direct Buy. The website url is . If you don’t have the password they sent you, you’ll be able to recover it if you still have your membership number. If I remember correctly, the deadline for responding was in March, so if it hasn’t already passed, you don’t have much time. Good luck, and I hope you get some value out of the settlement.

]]> Comment on Settlement in DirectBuy Class Action Lawsuit by Jack & Carolyn Birdsall http://thumbandhammer.com/blog/2011/01/settlement-in-directbuy-class-action-lawsuit/#comment-72417 Jack & Carolyn Birdsall Thu, 10 Mar 2011 13:13:19 +0000 http://thumbandhammer.com/blog/?p=686#comment-72417 We too were duped into purchasing a Direct Buy Membership and it was a huge rip off. We place and order for flooring and a door and they were to let us know the name of someone who would install the door. They never called or returned our phone calls. Also, we found some items cheaper in the store that what they had in their catalogs and they refused to adjust the price. They just said, if you can buy it cheaper elsewhere, go ahead. They also told us they would be opening a Direct Buy in Miami in August. Never happened. Buy the time you factor in the travel time and having to pick up your items at the warehouse, you didn't save. They also did not notify us when our renewal was due and when we went to order bedroom furniture online, we found we no longer had an active membership. The thousands we paid may as well have been tossed in the trash or burned. Extremely bad experience. We also received a notice in the mail, but lost it. Is there anyway to still take advantage? I really irritates me that we wasted all that money. We are in the process of installing impact windows and doors, replacing the roof, etc.... and would like to see if we an recoup some of our money. Thank you. We too were duped into purchasing a Direct Buy Membership and it was a huge rip off. We place and order for flooring and a door and they were to let us know the name of someone who would install the door. They never called or returned our phone calls. Also, we found some items cheaper in the store that what they had in their catalogs and they refused to adjust the price. They just said, if you can buy it cheaper elsewhere, go ahead. They also told us they would be opening a Direct Buy in Miami in August. Never happened. Buy the time you factor in the travel time and having to pick up your items at the warehouse, you didn’t save. They also did not notify us when our renewal was due and when we went to order bedroom furniture online, we found we no longer had an active membership. The thousands we paid may as well have been tossed in the trash or burned. Extremely bad experience. We also received a notice in the mail, but lost it. Is there anyway to still take advantage? I really irritates me that we wasted all that money. We are in the process of installing impact windows and doors, replacing the roof, etc…. and would like to see if we an recoup some of our money. Thank you.

]]> Comment on Settlement in DirectBuy Class Action Lawsuit by ThumbandHammer http://thumbandhammer.com/blog/2011/01/settlement-in-directbuy-class-action-lawsuit/#comment-72416 ThumbandHammer Tue, 22 Feb 2011 15:32:23 +0000 http://thumbandhammer.com/blog/?p=686#comment-72416 The particular lawsuit I was referring to wouldn't do you much good. The settlement allows for an extension of your membership if you are currently a member or a two month membership if your membership has lapsed. Personally, I found it to be pretty insulting. The first comment in this thread contains a link to a list of DirectBuy lawsuits. () Otherwise, you may want to try a Google search. In your case, and by no means would I recommend you take legal advice from me, I would consider consulting a lawyer who might have access to information about pending class action suits. You may also consider filing your own action, since your credit rating is at risk. Keep us posted, either here while the comments are still open, on the forum, or by email. The particular lawsuit I was referring to wouldn’t do you much good. The settlement allows for an extension of your membership if you are currently a member or a two month membership if your membership has lapsed. Personally, I found it to be pretty insulting. The first comment in this thread contains a link to a list of DirectBuy lawsuits. () Otherwise, you may want to try a Google search.

In your case, and by no means would I recommend you take legal advice from me, I would consider consulting a lawyer who might have access to information about pending class action suits. You may also consider filing your own action, since your credit rating is at risk.

Keep us posted, either here while the comments are still open, on the forum, or by email.

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