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Hi, I subscribed to a magazine for Only Fools and Horses (With DVDs) at some point last year. Its published by DataBase Factory

 

I have not received issues 11, 18 and 19. I have phoned them 3 times about this and have sent a couple of emails but have not received the issues. All replies have said the issues will be sent out shortly.

 

Obviously phoning and emailing doesn't do any good. Having paid for these (and in particular, #11 was several months ago) I am not happy about not having received. There is an address on the inside cover of the magazine which I want to write a letter too.

 

My question is: What demands can I make (i.e. the next 3 issues free) without being over the top. What rights do I have, i.e. I have paid for it and it should be delivered within 28 days etc. and compensation available?

 

Has anyone else had a problem with this magazine or another magazie the same company?

 

Cheers

CB

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

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You have the right to have what you have paid for delivered. Set them a time by which to deliver all of the outstanding issues, in writing, and state that if they do not deliver by this time you will hold them in breach of contract and claim a refund.

 

The Distance Selling Regulations (assuming this was done by mail order) gives a trader 30 days in which to complete a contract, i.e. deliver the goods. After this time they are in breach of contract.

 

You won't be entitled to anything over and above the value of the missed copies.

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Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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I work in the 'industry' and we have had serious problems getting hold of certain parts of the collection - I will have a look and see which are the worst ones to get.

 

A lot of the problem is that the OF&H partwork is a re-issue of an earlier collection, so those parts that were most popular the first time around are in short supply this time - The Jolly Boys Outing for example is one I seem to remember. The publisher is GE Fabbri - Database Factory are an outsource company handling subscription services. Fabbri's website still indicates that the issues that you are missing are still in stock. You could try to speak to them directly on 0207 836 0519 or [email protected]

 

There is certainly a contract involved particularly where you have paid up front for the collection, but I would imagine that cancellation with a refund for parts not received would be the best you could reasonably hope for, as although you could deem the collection as a 'whole' to be a single unit, incomplete without the other parts, it could equally be deemed that the issues which you have received to date have been able to be used and enjoyed. Of course it may be that Fabbri can pursue Database on your behalf and may offer the missing issues at no charge as a gesture of goodwill and obtain a refund for the missing parts, but my own experience of trying to get back isues dating back months for disgruntled collectors suggests that this is unlikely. That though is in the wholesale/retail side of the chain, not subscriptions where the goods have been prepaid.

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Thanks for that! I will phone GE Fabbri directly tomorrow. I seem to remember that Fabbri appears on my statment when they take the money. I received the latest issue today - 22, normally they come in pairs so I'm predicting that 23 will be missing as well.

 

To be honest, the only reason I subscribed to the magazine is to have the whole collection which makes a nice picture (sad I know) It would probbly be cheaper to buy each series seperately and the xmas specials (most of which I already own anyway) So its pointless buying the mags if I'm not going to get the whole set!

 

Many thanks again - aways interesting to get an insiders point of view!!

 

CP

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

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No problem Cpt! I will have a root around at work tomorrow and if I find out more I will let you know. Quite understand about the spine picture as well!

 

Partworks are always a bit of a lottery and give us no end of trouble but the Only Fools one is not usually a major offender (and to be fair Fabbri are better than some of the others). There is a Napoleonic soldiers one where they haven't been able to produce the right soldier for the magazine that goes with it so they put another one in to take its place. The people I felt most sorry for though are those who collected the Build The Victory partwork to construct a minutely detailed scale model only to find that one issue containing a vital part wasn't produced in sufficient quantities and is now out of print! Fancy spending around £400 building a model boat and waiting for ever more for the last part needed to complete it :-x

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Oh thats really bad, I'm considered doing a smilar model by magazine but wont now!

 

Cheers for the help

CB

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

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Just had a look in our stock and we have plenty of Part 11 so I can't see that there should be a supply shortage with that one, although we haven't got 18 or 19 at the mo. Part 23 came in alright yesterday as well.

 

If all else fails and they can't supply these issues and give you a refund give us a shout and I can do them mail order for you if you can't get them more locally (although any local newsagent should be able to order them as well)!

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Ok, just phoned Fabbri, gave all may details.

 

The polite lady said they don't deal with customers and they don't have all the customers information, thats up to DB Factory (understandable) But she took my Account no., missing issues and phone number. She said she would get someone to contact DB Factoryh to hurry them along.

 

Part 11 was months ago so that should be no problem. If they're short of 18 and 19 then I'll have to wait, but they should have that information when I phone so they can say there is a shortage of it! I received 22 yesterday and 23 should have been with it, if it only came in yesterday then they couldn't have put them together - better to make me wait for 23 than delay 22 aswell to bundle them together!

 

Thanks again for your help, I was getting a bit agitated the more I thought about it yesterday - calmer now!

 

Cheers

CB

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

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The agitation is understandable - you subscibe for the sake of convenience and efficiency, not to pay for something which takes ages to arrive!

 

This publication is issued fortnightly so I guess that you receive two issues together and therefore one package a month. The subsciption stock is often drawn from copies not required for distribution to retail, so if a particular issue is in short supply (as I said earlier for example if an issue sold better than expected when first launched in 2004-5) then there is a danger that the issue is oversubscribed for postal copies. I do think that a letter to advise you of the reason for the delay and an assurance that you would receive the DVD in due course should be standard for that type of business....but maybe that's just my old fashioned idea of Customer Service!

 

Part 11 was back in August and as I say, we have it in stock so it should be available elsewhere - 18 and 19 were in November so if Fabbri have had to try and obtain unsold stock back from retail then hopefully you won't have to wait too much longer.

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Yeah, cheers. I understand that there are forces beyond the companies control, i.e. outselling. But I agree, at the very least I should be told that there is a shortage when on the phone, if not then a letter should be standard!

 

Once again, thanks for you advice and knowledge, I'll let you know if/when I receive a phone call from Fabri/DB Factory and the outcome. If not then a strongly worded letter will be going to both Fabbri (explaining the problem and suggesting they sort out DB Factory) and to DB Factory asking for a reason why the lack of communication, lack of issues etc.!

 

Cheers

CB

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

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Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

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  • 2 weeks later...

Hi, just to letyou know, I received 11 18, 19 and 23 this morning. Thanks for all your help!

 

Cheers

Chris

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

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Barclays - £760 Settled in full

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Hi, just to letyou know, I received 11 18, 19 and 23 this morning. Thanks for all your help!

 

Cheers

Chris

 

Good news Chris :D

 

Not too many more parts to go now - hopefully you will receive them without incident!

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I hope so too - 6 issues, 3 months!

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

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I absolutely dont believe. Or maybe I do!

 

Received all the issues I was missing last week up until no. 23. This morning, I get home to find another big parcel waiting for me not only are the next issues (24 and 25) but repeats of 11, 18 and 19! So I now have two of those missing issues!

 

There seems to be some serious comms problems in that company!

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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I absolutely dont believe. Or maybe I do!

 

Received all the issues I was missing last week up until no. 23. This morning, I get home to find another big parcel waiting for me not only are the next issues (24 and 25) but repeats of 11, 18 and 19! So I now have two of those missing issues!

 

There seems to be some serious comms problems in that company!

 

:lol: ROFL!

 

Left hand - Right hand methinks!

 

IF you feel inclined, ask them what they might like to do with them. I would hazard a guess and say that they will suggest that you keep them but check that you aren't charged twice. If they want them back, you will want reimbursement for the postage. They have probably raised an order asap on the advice of Fabbri and your original shortage has taken its natural course.

 

If they want you to keep them.....there's always e-bay :smile:

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