Book Subscription Extended Three Times Beyond Original Advertisement With No End In Sight

Aylesbury_Duck

AdamW1234 said:

Aylesbury_Duck said:

AdamW1234 said:

Aylesbury_Duck said:

AdamW1234 said:

Aylesbury_Duck said:

AdamW1234 said:

Hi, 

Back in 2015, I was led on my bed watching TV when an advert came on for a collectors book subscription. Specifically, it was for a DC Graphic Novel Collection by a company called Eaglemoss. 

The original advert advertised a complete collection of 55 issues which made up a picture of all the comic book characters side-by-side on the book splines when on a shelf. I thought to myself that it looked like cool collection, albeit a bit of a stretch financially and space wise in my apartment. 

To cut a long story short, it's 2021 and the collection is now up to 180 issues with no end in sight. I have reached out to Eaglemoss numerous times to ask when it will be finishing, but they always give the same answer that is, if there's still enough interest, they'll extend it further. 

I sought advice from Citizens Advice which prompted me to request if they were part of a dispute resolution scheme. I was told they were and was referred to the appropriate department. After numerous emails, no one responded. I sent a recorded letter stating my grievance, requesting that I return the books for a full refund based on the Misrepresentation Act 1967 where I relied on the statement of 55 issues. I gave ten days to respond. No response.  

After seeking legal advice, I am now looking to make an online money claim for the total amount spent. When adding up all the payments on my Paypal account, I thought it was worth putting in a dispute with Paypal to see if they could help. They agreed that I had a genuine case and after Eaglemoss failed to respond in a timely manner, Paypal refunded me. The problem is, howevet, they can only refund up to 180 days. Back to the online money claim it is!

Sorry for the longwinded post. My question is, can I ask for damages on the online money claim as this has caused a tremendous amount of stress and time?

Something else of importance that I feel is worth noting is, I could have cancelled this subscription at any time, although (as a collector) I feel Eaglemoss know that once you have invested up to 55+ issues, no collector will cancel and have an incomplete collection so, instead, you chose to continue in good faith you are not being exploited and the collection will end after the next extension. 

If anyone has anything to add or any further advice, it would be greatly appreciated. 


 

You could have cancelled at any time?  I can't see that you have a case at all, let alone damages for distress.

Did the company provide everything they advertised, up to and including the 55th issue?

You don't see how a collector would be over a barrel after they've spent over £1000 what they thought was going to be a complete collection, only for that collection to be extended three times the original advertised size??

Ok. 

You haven't answered the question.  Was the originally advertised collection of 55 issues provided as described, or not?

No. It wasn't. The collection is now at issue 180 with no end in sight. 

The 55th issue nowhere near the advertised completion. 

That's still not answering the question.  Were the first 55 issues as described?

If they were, what happened afterwards was down to your purchasing decision/addiction.

If they weren't, then you may have a case for a full refund.

I'm not sure what you're not getting here. No. They weren't as described. The 55 issues wasn't the completed collection. 

Let's try a third time:  Did they provide a "complete collection of 55 issues which made up a picture of all the comic book characters side-by-side on the book splines when on a shelf"?

Don't get fixated on "complete", did the first 55 issues make up that picture, or was it unfinished, necessitating the purchase of a further, er, 125 issues?

theoretica

I get the satisfaction of complete sets, but don't expect the lack of completeness will be enough to get a full return and refund. Unfortunately for you consumer law doesn't take individual feelings into account much. It is like a trip or event advertised as last ever - but then they discover they can hold one the next year and won't refund the people who went the year before and happened to value the 'last' badge.

What is the difference in second hand sale price between the first 55 volumes of a larger set and the hypothetical only 55 volumes of a set (which was followed by set II and set III).  Not much I would expect.  Are the 180 volumes selling anywhere to people who want to get into the set now?  Cancelling your order and selling up the set that do not give you enjoyment might be the way to go.

AdamW1234

Mnoee said:

AdamW1234 said:

Mnoee said:

AdamW1234 said:

Mnoee said:

I'm also quite confused - if you're enjoying the books, then great, if you're not, stop buying them? It's like complaining that a series you enjoy that was commissioned for six episodes got it's contract renewed for another season. If there's nothing aside from your own need for 'completeness' that's making you buy then that's not really a consumer rights issue. 

I take it you've never heard of a collection before. 

Aye, I have. I've also read a comic. Find out next week the exact thing you've been waiting for! Next week: Something vague, more details will follow, keep buying the comic plz.

Erhm. No. That's not a one-off collection. That's called "I read and buy comics". 

Please, stop wasting my time and go and troll someone else. 

You're free to ignore me. Unless your desire for completion also extends to this thread. They sell the individual books going back to the first issue separately online. You can stop now and pick it up again later, or buy the entire lot when they declare it 'finished'. You're not compelled to keep buying them monthly or whatever by them. That's all you. 

Just because they sell these individually now is completely irrelevant to the fact they initially advertised a complete collection of 55 issues to mislead collectors into subscribing. 

AdamW1234

Aylesbury_Duck said:

AdamW1234 said:

Aylesbury_Duck said:

AdamW1234 said:

Aylesbury_Duck said:

AdamW1234 said:

Aylesbury_Duck said:

AdamW1234 said:

Hi, 

Back in 2015, I was led on my bed watching TV when an advert came on for a collectors book subscription. Specifically, it was for a DC Graphic Novel Collection by a company called Eaglemoss. 

The original advert advertised a complete collection of 55 issues which made up a picture of all the comic book characters side-by-side on the book splines when on a shelf. I thought to myself that it looked like cool collection, albeit a bit of a stretch financially and space wise in my apartment. 

To cut a long story short, it's 2021 and the collection is now up to 180 issues with no end in sight. I have reached out to Eaglemoss numerous times to ask when it will be finishing, but they always give the same answer that is, if there's still enough interest, they'll extend it further. 

I sought advice from Citizens Advice which prompted me to request if they were part of a dispute resolution scheme. I was told they were and was referred to the appropriate department. After numerous emails, no one responded. I sent a recorded letter stating my grievance, requesting that I return the books for a full refund based on the Misrepresentation Act 1967 where I relied on the statement of 55 issues. I gave ten days to respond. No response.  

After seeking legal advice, I am now looking to make an online money claim for the total amount spent. When adding up all the payments on my Paypal account, I thought it was worth putting in a dispute with Paypal to see if they could help. They agreed that I had a genuine case and after Eaglemoss failed to respond in a timely manner, Paypal refunded me. The problem is, howevet, they can only refund up to 180 days. Back to the online money claim it is!

Sorry for the longwinded post. My question is, can I ask for damages on the online money claim as this has caused a tremendous amount of stress and time?

Something else of importance that I feel is worth noting is, I could have cancelled this subscription at any time, although (as a collector) I feel Eaglemoss know that once you have invested up to 55+ issues, no collector will cancel and have an incomplete collection so, instead, you chose to continue in good faith you are not being exploited and the collection will end after the next extension. 

If anyone has anything to add or any further advice, it would be greatly appreciated. 


 

You could have cancelled at any time?  I can't see that you have a case at all, let alone damages for distress.

Did the company provide everything they advertised, up to and including the 55th issue?

You don't see how a collector would be over a barrel after they've spent over £1000 what they thought was going to be a complete collection, only for that collection to be extended three times the original advertised size??

Ok. 

You haven't answered the question.  Was the originally advertised collection of 55 issues provided as described, or not?

No. It wasn't. The collection is now at issue 180 with no end in sight. 

The 55th issue nowhere near the advertised completion. 

That's still not answering the question.  Were the first 55 issues as described?

If they were, what happened afterwards was down to your purchasing decision/addiction.

If they weren't, then you may have a case for a full refund.

I'm not sure what you're not getting here. No. They weren't as described. The 55 issues wasn't the completed collection. 

Let's try a third time:  Did they provide a "complete collection of 55 issues which made up a picture of all the comic book characters side-by-side on the book splines when on a shelf"?

Don't get fixated on "complete", did the first 55 issues make up that picture, or was it unfinished, necessitating the purchase of a further, er, 125 issues?

Third time lucky, eh? Again, they did NOT provide a complete collection of 55 issues which made up a completed picture of all characters side-by-side on the book splines. 

Please refer to the above for your forth attempt. 

Aylesbury_Duck

There was no misleading.  You got the 55 issues that you signed up for, and elected to buy more subsequently.  You had complete freedom to stop after 55.

You clearly think differently, so spell out how you were misled, then perhaps you might get consumer rights advice.  As things have been described, you have no grounds for complaint.

AdamW1234

theoretica said:

I get the satisfaction of complete sets, but don't expect the lack of completeness will be enough to get a full return and refund. Unfortunately for you consumer law doesn't take individual feelings into account much. It is like a trip or event advertised as last ever - but then they discover they can hold one the next year and won't refund the people who went the year before and happened to value the 'last' badge.

What is the difference in second hand sale price between the first 55 volumes of a larger set and the hypothetical only 55 volumes of a set (which was followed by set II and set III).  Not much I would expect.  Are the 180 volumes selling anywhere to people who want to get into the set now?  Cancelling your order and selling up the set that do not give you enjoyment might be the way to go.

Falsely advertising a completed collection of 55 issues has nothing to do with my feelings and it's not that I do not enjoy them. I have no space for them. I wouldn't have entered into the collection 'as a collector' if they had stated it would run indefinitely in excess of 180 issues. 

The fact no one here acknowledges how an incomplete collection isn't a collection is beyond me. 

Mnoee

AdamW1234 said:

theoretica said:

I get the satisfaction of complete sets, but don't expect the lack of completeness will be enough to get a full return and refund. Unfortunately for you consumer law doesn't take individual feelings into account much. It is like a trip or event advertised as last ever - but then they discover they can hold one the next year and won't refund the people who went the year before and happened to value the 'last' badge.

What is the difference in second hand sale price between the first 55 volumes of a larger set and the hypothetical only 55 volumes of a set (which was followed by set II and set III).  Not much I would expect.  Are the 180 volumes selling anywhere to people who want to get into the set now?  Cancelling your order and selling up the set that do not give you enjoyment might be the way to go.

The fact no one here acknowledges how an incomplete collection isn't a collection is beyond me. 

People collect different things for different reasons. Some people enjoy the thrill of hunting down rare things in an attempt to complete their collection, for example. Old coins, stamps, basically anything not made right now, plus things like sticker books or trading cards where artificial rarity is introduced. There are people with collections of certain pottery, or any pottery with elephants, or similar. Lots of people collect things with no set reason or goal. 

You seem think the only definition of a collection is 'exactly 55 graphic novels'. 

AdamW1234

Aylesbury_Duck said:

There was no misleading.  You got the 55 issues that you signed up for, and elected to buy more subsequently.  You had complete freedom to stop after 55.

You clearly think differently, so spell out how you were misled, then perhaps you might get consumer rights advice.  As things have been described, you have no grounds for complaint.

I signed up for a completed collection and, after the goal posts were moved when the completion neared, I was coerced to buy more subsequently by the fact that my 'collection' would be nothing more than some books if I didn't commit to the end. 

Do I need to define what a collection is and how it holds more value over some random books? 

AdamW1234

Mnoee said:

AdamW1234 said:

theoretica said:

I get the satisfaction of complete sets, but don't expect the lack of completeness will be enough to get a full return and refund. Unfortunately for you consumer law doesn't take individual feelings into account much. It is like a trip or event advertised as last ever - but then they discover they can hold one the next year and won't refund the people who went the year before and happened to value the 'last' badge.

What is the difference in second hand sale price between the first 55 volumes of a larger set and the hypothetical only 55 volumes of a set (which was followed by set II and set III).  Not much I would expect.  Are the 180 volumes selling anywhere to people who want to get into the set now?  Cancelling your order and selling up the set that do not give you enjoyment might be the way to go.

The fact no one here acknowledges how an incomplete collection isn't a collection is beyond me. 

People collect different things for different reasons. Some people enjoy the thrill of hunting down rare things in an attempt to complete their collection, for example. Old coins, stamps, basically anything not made right now, plus things like sticker books or trading cards where artificial rarity is introduced. There are people with collections of certain pottery, or any pottery with elephants, or similar. Lots of people collect things with no set reason or goal. 

You seem think the only definition of a collection is 'exactly 55 graphic novels'. 

When a collection is advertised as 55 issues, it becomes factual that the collection is 55 issues.  

Do you not think that once the collection gets extended multiple times, said collectors down the line would no longer be interested in an incomplete collection if I had stopped at 55? 

Exactly.  

Aylesbury_Duck

AdamW1234 said:

Mnoee said:

AdamW1234 said:

theoretica said:

I get the satisfaction of complete sets, but don't expect the lack of completeness will be enough to get a full return and refund. Unfortunately for you consumer law doesn't take individual feelings into account much. It is like a trip or event advertised as last ever - but then they discover they can hold one the next year and won't refund the people who went the year before and happened to value the 'last' badge.

What is the difference in second hand sale price between the first 55 volumes of a larger set and the hypothetical only 55 volumes of a set (which was followed by set II and set III).  Not much I would expect.  Are the 180 volumes selling anywhere to people who want to get into the set now?  Cancelling your order and selling up the set that do not give you enjoyment might be the way to go.

The fact no one here acknowledges how an incomplete collection isn't a collection is beyond me. 

People collect different things for different reasons. Some people enjoy the thrill of hunting down rare things in an attempt to complete their collection, for example. Old coins, stamps, basically anything not made right now, plus things like sticker books or trading cards where artificial rarity is introduced. There are people with collections of certain pottery, or any pottery with elephants, or similar. Lots of people collect things with no set reason or goal. 

You seem think the only definition of a collection is 'exactly 55 graphic novels'. 

When a collection is advertised as 55 issues, it becomes factual that the collection is 55 issues.  

Do you not think that once the collection gets extended multiple times, said collectors down the line would no longer be interested in an incomplete collection if I had stopped at 55? 

Exactly.  

 The problem is your own definition of 'collection' and the psychological acceptance of such a thing.  If you'd stopped collecting after 55 issues, you'd have amassed a complete collection of 55 issues, which is what you wanted all along.  Your problem seems to be that you know that issues 56-180 exist, and you felt compelled to buy them.  I can't see how that's the retailer's problem, though.