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10 April 2004 — Spring Cleaning (12)

When we ate at Higgins for Jeremy's birthday I was fascinated by the staff's attire. "They're all wearing solid-colored shirts," I said.

"So what?" said Kris. "Everyone wears solid colored shirts."

"Not me," I said. My shirts all have stripes and plaids and assorted patterns. Few of them are simple solids.

"I know," Kris said, sighing.

While preparing for the Rather Large Yard Sale last week, I dragged a bunch of my old clothes from storage. I had five boxes labelled SHIRTS (M), TROUSERS (32), TROUSERS (34), etc. As I began to sort the clothes for sale, I realized that I liked these clothes. These were the clothes that I wore regularly before I grew fat. I couldn't sell these. Then I realized that I could wear most of these clothes now. In fact, the clothes in my current wardrobe no longer fit; they're too large.

Gradually I'm assimilating these old clothes into my wardrobe and filtering others out. The bonus? Most of my old shirts are solid colored! A few of the shirts are plaid, but mostly I've t-shirts in solid-colored earth tones and dress shirts of various hues (including some that are boldly colored RED and YELLOW.)

It's as if I've re-vitalized my wardrobe at no cost.


Kris and I went for a bike ride this morning. We rode down past Good's Bridge and then turned onto one of the dead-end roads in the river valley. We rode to the end, counting the cats and the dogs. I admired the farmhouses — each of them set on a couple of acres — wishing that one might be for sale. They're so close to town, but most certainly in the country. The ride was very nice.

When we returned, I cleaned the shed, as I do once every spring. I carried all of the bags and boxes and baskets onto the lawn. I sorted through the stuff, making piles (tools, books, junk, etc.). Because of our recent efforts to purge, surprisingly little made it to the trash today.

During the project, I discovered a couple of fun items. First, here are some of my old yearbook photographs:

Seventh grade: 1981-1982, wearing an Izod like shirt (it has a fire-breathing dragon instead of an alligator) Eighth grade: 1982-1983, what a mop of hair! Ninth grade: 1983-1984: I'm still parting my hair down the middle -- any time now and I'll switch it to the side Eleventh grade: 1985-1986: We saw this photo just the other day Twelfth grade: 1986-1987: Ah, here we go: the height of cool

(Coming soon: seventh-grade yearbook photos of the entire geeky gang!)

I also stumbled upon this old letter:

17 November 1995

W. D.
BMG Classical Music Service
Indianapolis, IN
46291-0050

Dear W.,

Are you people insane?

Several months ago, I received a CD from you which I blindly opened assuming it was something that I had ordered. Much to my chagrin, inside was "George Jones Sings Hank Williams Greatest Hits". I was flabbergasted. Was this CD even OFFERED by BMG Classical Music Service? I knew that I didn't receive it due to a "missed" mailing because (a) I ALWAYS return my cards and (b) I doubt George Jones' CD was a featured selection.

From past experience I know that returning a previously opened CD is more trouble than it's worth, so I kept it. I showed it to my friends and we all had a good laugh. My brother mentioned that he might like to have it, so I gave it to him. He doesn't think it's that great; perhaps you should remove it from your list of offerings. In any event, I PAID for that CD which I had never ordered.

Then, I received a disc of French Violin Sonatas featuring Kyoko Takezawa. While it is possible that I may have ordered this, I highly doubt that I did. I don't like violin sonatas. I don't like Debussy. I am only mildly fond of Saint-Saens. (I do like Ravel, but not his violin sonatas.) I kept this disc, too, since I considered that maybe the fault was mine.

Finally, a few weeks ago I received another CD in the mail. Wary due o the fact that I KNEW I hadn't ordered anything recently, I determined the contents of without opening the package. Inside was a disc of Beethoven Piano Sonatas. I knew I hadn't ordered this, so I refused it.

Yesterday, I received a postcard (which I've enclosed). It claims that I recently returned Bach's Brandenburg Concertos. Now, while I DO remember ordering this CD, I know that I have never received it. I certainly would not have refused it, as I've always wanted them on compact disc.

During these three incidents, I have been constantly frustrated by one fact: BMG Classical Music Service INTENTIONALLY makes it nearly impossible to be contacted by phone. This is ludicrous. If I could reach you by phone, I could clear things up in minutes. Instead, I have to resort to mail.

Between the incorrect mailings and the lack of a phone number, I've become VERY dissatisfied with your "club". Please cancel my membership IMMEDITATELY. You can be sure that I've related my experiences to several friends and colleagues who have considered joining BMG clubs.

In response to your postcard, please DO send me the Bach Brandenburg Concertos. But, if I receive the Beethoven Piano Sonatas instead I'm going to be pissed off.

Also, it would be a nice gesture on your part to forward an e-mail address (much preferred) or a phone number which I could use to contact BMG Classical Music Service more efficiently. Printing one on your mailings would be better yet. You might also want to consider improving your computer systems so that this sort of thing doesn't happen in the future.

Sincerely,


J.D. Roth

p.s. I just got off the phone with my brother (who was not listening to the George Jones CD mentioned above). He claims that he, too, has received items from BMG that he never ordered. What gives?

Oh, the silliness of righteous anger...


We had the Kropf kids over for dinner tonight. They brought their burgeoning families. (It's fun to call them the "Kropf kids" even though we're all over thirty by now.)

Over the course of the evening I found Diego's nickname: "El Grande". I give all the kids nicknames, but they don't work if they're forced. They have to come spontaneously. (Of course, in some cases I adopt pre-existing nicknames. Thus, Harrison is "Hank", which Jeremy had promised to call him.)

After dinner, Daphne (21 mo.) and Antonio (3-1/2 yrs.) were sitting with me at the table. Antonio and I were finishing our Blueberry Crumb Cake. Daphne was fussing; she wasn't completely content.

J.D.: What do you need Daffy?
Antonio: Why do you call her Daffy?
J.D.: Why do I call you Pepe?
Antonio: Because it's cool.

It's great when I can get the kids to buy into the nicknames I've given them. "Because it's cool." Heh.

On this day at foldedspace.org

2003Spring   Images of springtime.

2002Wireless   Andrew and Dana have been raving about wireless access for several months, but I hadn't paid much attention to them. They rave about lots of things.

Comments
On 11 April 2004 (11:20 AM), Emily said:

I often look at me shirts and find that I only have solids. I like them better, but in order to be a little less predicable I went out and bought 5 'pattern' shirts. Now I find that I wear those much more often. Strange.

You brave soul, I hide me 7th-9th grade photos. I like all of the other years.

You answered poor Pepe's question with a questions, how annoying.

After having company over must of yesterday, I am reminded (like I am every year) that more stores need to be opened on Easter. I have things to return and pick up that I would have done yesterday if I had remembered that today was a 'dead store' day. Damn religious holidays.


On 11 April 2004 (11:34 AM), Dana said:
Damn religious holidays.

There's something deliciously ironic about that statement. =)


On 11 April 2004 (01:02 PM), mac said:

do you see the resemblance to harry potter in that that first picture?


On 11 April 2004 (03:51 PM), dowingba said:

I was a customer of Columbia House mail-order CD service once upon a time. I never paid them (except the 1 cent opening charge). I'm not sure what the laws are in your country, but I happen to know the laws in Canada, and they can't make you pay for something that they send you as a result of doing nothing (ie: not returning that stupid card). There has to be consent in a legally binding contract, and lack of consent certainly does not count.

Over the course of a year or two, as I kept receiving my free CDs every month, I periodically got sent disgruntled letters asking for my money. I did not heed these letters, and they started getting more and more threatening. They tacked on "late" charges and penalties, and even threatened to sick creditors on me. I just laughed and stored the letters away. (I used to have them all filed away, and I'd look at them, in order, every time I needed to give myself a nice laugh.)

Long story long: they never did anything to me except for send me humourous letters. If more people knew anything about contract-law (in Canada, in any case), Columbia House would be out of business pretty damn quick.

Note: There very well may be a way for Columbia House to get around this lack-of-consent problem -- perhaps having you sign some clause or something in the initial contract -- but the fact is, I was under 16 when I originally signed up with them, and they required no parental consent or anything of the sort. Sorry, Columbia House, you lose.


On 11 April 2004 (06:06 PM), dowingba said:

PS: Please, never ever use yellow text on a white background again. Ever.


On 11 April 2004 (07:51 PM), Sheilah said:

Very brave....but, that doesn't surprise me at all....you seem to be a very open person. I love looking back at old school photos of people, especially when placed in a "timeline" order like that. It's funny how some people change so dramatically from year to year, while others stay virtually the same, only changing in size.

That's definitely something to brag about being able to bring the old clothes back into the wardrobe. I tend to always keep 3 different sizes on hand...as that's about how much I fluctuate from time to time. :)

Happy Easter!


On 12 April 2004 (11:14 AM), Dave said:

Just in case any of you feel like repeating dowingba's Columbia House experiment, simply because you may keep something you receive (unsolicited) in the mail does not mean that you have no obligation to pay for it. Simply because a contract theory doesn't apply doesn't mean that you can't be sued for unjust enrichment. Nor does it mean that you won't be turned in to a credit reporting agency. Even if you could successfully defeat a lawsuit, the damage to your FICO score would still be enough of a pain in the ass that it's not worth it.

And I heartily agree with Emily's comment about the stores being closed on Easter. Completely foiled Karen's shopping plans on Sunday.


On 12 April 2004 (10:26 PM), dowingba said:

Dave, if someone sends you an unsolicited CD in the mail, there's absolutely no legal precedent for them to do anything to you for not returning it. In fact, going out on a limb, I'd say there's the possibility that you could sue them for libel if they passed it on to creditors.

And just so you know, nothing at all about this was ever reflected on my credit rating.


On 13 April 2004 (08:35 AM), Dave said:

Simply because you have no obligation to return the product does not equate to the conclusion that there's no remedy for the creditor in the event that you do not return it. I recognize that this sounds, at first blush, somewhat counter-intuitive but it's not. This is because there's a difference between an obligation to do something and the ability of someone to pursue you for reaping a windfall at their expense.

As someone who represent creditors on occasion, I can tell you that if I sent you, by mistake or whatever, a million dollars, a new Corvette, or a pack of bubble gum and you did not return it, I'm going to sue the crap out of you and I will win. Canada's laws aren't significantly different from the US's on this issue. The only thing that saved you was that it wasn't worth Columbia House's time, energy and money to go after you. Note that this is different from AOL sending you an endless stream of CD's with their software on it, because that's a marketing ploy, which is what the statutes you refer to were designed to protect against. Signing up for a record service, the terms of which are well known, is not the same thing.

Not mind you that I don't applaud you for getting away with it. Columbia House is a thoroughly evil organization and their little scheme of sending postcards and then sending you products if you don't return the postcards is absolutely vile and completely reprehensible.


On 17 April 2004 (05:40 AM), dowingba said:

Dave, I think you're forgetting that the original contract is also void. I was under 16 at the time of the signing. I mentioned in my original comment that they could get around the lack-of-consent by having you sign the original contract, but that's irrelevant when the original contract is completely void.

And apparently it's not altogether difficult to sign up for Columbia House using a fake name and information, or so I hear. This is sounding like the easiest company in the world to screw. If only they had any CDs of value.


On 24 March 2005 (08:52 AM), Dawn said:

I have recently received phone calls from NCO Collections regarding a broken Columbia House contract. I did not order anything from Columbia House and refuse to pay the amount. Any ideas on the next course of action for me?


On 21 April 2005 (07:52 AM), BIGP said:

I have recently received a letter from SKO Brenner collections regarding Columbia House contract which I did not violate and was fully paid and no dues outstanding. Any ideas on next course of action or hints...?


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