A petition to ESP regarding the "20 Gold Set Predictors" failed met expectations

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2017NRLTraderPredictor

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A petition to ESP regarding the 20 Gold Set Predictors failed met expectations

So I received today my set and I will say;
Come off it, they have Not delivered what was promised!!!
All have been misled, it's not legal for a company to misled consumers in order to make sales.
Stickers on the card protector, not the cards themselves, WTF
No clear Communication/information regarding these, P#ss poor
All Predictors sent have been punched with a hole, only the winning team "Storm" should of been done IMO.

Under Australian Consumer Law (ACL) requirements, they "ESP as a company" are required/obligated to follow certain retail practices, as a customer/consumer, I am within my legal rights to make a complaint (which will automatically cost them ESP regardless of outcome near $900 in fees, per complaint, not many people know this)

So what I will be first pre-posing, is to first give "ESP" a chance to meet or exceed our (us collectors) expectations, under a new topic of;
"A petition to ESP regarding the 20 Gold Set Predictors failed met expectations" due to failing to inadequately providing Clear Information that must be included in order to make a informed purchase decision, I believe they "ESP" have engaged in misleading and deceptive conduct on the company's part.
Thus we (the consumers/collectors) are unsatisfied with our "20 Gold Set" and I for one will be refusing to accept this product as payment.
I prepose that as a group we set out compensation parameters, along with a 28 day deadline, if un-responded too or the offer of compensation is unsatisfactory then we will make a "collected complaint" to AAAC under "Information that must be included"

If members who have sets could express their "disappointment" or those with idea's to help please post.
Compensation Parameters Idea's/Suggestions;
Resend the Gold Set back, so they could be individual signed/certified.
 
2017NRLTraderPredictor said:
A petition to ESP regarding the 20 Gold Set Predictors failed met expectations

So I received today my set and I will say;
Come off it, they have Not delivered what was promised!!!
All have been misled, it's not legal for a company to misled consumers in order to make sales.
Stickers on the card protector, not the cards themselves, WTF
No clear Communication/information regarding these, P#ss poor
All Predictors sent have been punched with a hole, only the winning team "Storm" should of been done IMO.

Under Australian Consumer Law (ACL) requirements, they "ESP as a company" are required/obligated to follow certain retail practices, as a customer/consumer, I am within my legal rights to make a complaint (which will automatically cost them ESP regardless of outcome near $900 in fees, per complaint, not many people know this)

So what I will be first pre-posing, is to first give "ESP" a chance to meet or exceed our (us collectors) expectations, under a new topic of;
"A petition to ESP regarding the 20 Gold Set Predictors failed met expectations" due to failing to inadequately providing Clear Information that must be included in order to make a informed purchase decision, I believe they "ESP" have engaged in misleading and deceptive conduct on the company's part.
Thus we (the consumers/collectors) are unsatisfied with our "20 Gold Set" and I for one will be refusing to accept this product as payment.
I prepose that as a group we set out compensation parameters, along with a 28 day deadline, if un-responded too or the offer of compensation is unsatisfactory then we will make a "collected complaint" to AAAC under "Information that must be included"

If members who have sets could express their "disappointment" or those with idea's to help please post.
Compensation Parameters Idea's/Suggestions;
Resend the Gold Set back, so they could be individual signed/certified.
Click to expand...
Pm me your email, I will forward you what I sent them yesterday. I am happy to he included in what you are proposing mate

Cheers
 
I reckon you will have a very quick outcome to this complaint which wont be in your favour i'm afraid.....looking at it objectively.....

Q. What did TLA promise you?

A. If you were one of the first 20 people to complete a set of 16 predictors, register and send them in you would receive a rare gold predictor set numbered to 20 sets.

Q. Did you receive what you were promised

A. Yes - but I don't like the cards and they don't have authentication stickers on them individually.

Q. Were the gold predictor cards damaged in any way?

A. No

Case closed.

I wish you good luck in your complaint (which you are entitled to make).....but I think you will need it.

Cheers
Matt
 
Hi Guys, just a quick rough plan/rundown, on 22/01/18 I will file a complaint to ESP as a "Letter of Demand"
A month later, if we don't get a suitable response or fair compensation, I will then proceed via other channels as previously mentioned.
If people who have a Gold Set want to be part of this "Letter of Demand" petition type action please P.M me your email address for when I have completed the "draft" outlining all of our issues regarding this. I will P.M it to those involved in the complaint, plan on having this done by 15/01/17 so hope on feedback/adjustments from those effected/mislead.

So this is what I had on my portable hardrive "at the point of time" and post up for all to see, tell me how you can make a informed decision biased on this;
"This is the Premiership predictor cards from the 2017 Traders series.
There are 217 per team and all individually numbered.

The winning team predictor cards will allow the card holder to redeem a mini 9 card premiership team set which will be individually numbered as per the predictors.

For those collectors who manage to collect all 16 predictor cards they can claim a gold parallel set of the winning team 9 card set, which will be limited to 20 sets only! These sets will be issued on a first come first served basis."

Point 1. They failed "ESP" to adequately provided "Clear Information" that must be included in order to make a informed purchase decision regarding these "20 Gold Set" As a registered Australian Company it's their responsibility to provided clear information as to not mislead the consumer.

Point 2. I'm afraid people's "belief's" regarding that they (ESP) have "for-filled" their obligation is not correct, it's not about the second hand market, or "next years realise" either! It's all about the NRL 2017 Traders Predictors Gold Set, that's in question, this petition is not going to be about anything else.
Consumers have/where mis-informed, mis-led into believing that the 20 Gold Set was going to be "special" of which not one person here has said it is, Fact.

Point 3. As a consumer, I have the right to reject the product as not meeting my expectations due to being mis-informed via the failure of "ESP" to adequately provided the information to make a informed and educated decision, Fact.

Point 4. If enough people out of the 20 Gold sets express the same "feeling" and make a joint complaint, then the ACC will see how is it that so many collectors are "upset" They will be liable to pay the cost of defending this complaint (it's free for the consumer, not the company)

To concluded
Any decision from the ACC will be en-forced (no longer do they ESP get to choose what to offer as compensation)
If they fail to comply they will risk fines and ultimately loss of ABN.
To Conclude, this IMO is a clear cut case of a consumer (collector) being clearly mislead into buying more product for something of which was "not as promised" and does not meet the consumers expectations.

Exhibit A
Front of "2017 NRL Traders Gold Set"

Exhibit B
Back of "2017 NRL Traders Gold Set"

Exhibit C
Average selling price of Predictors on E-bay, now destroyed via hole punched in side, nowhere does it state that all your cards will be defaced, again mis-informed, thus unaware, seeking fair average costs of all 16 predictor cards from ESP

Screen Shots

Screen Shots
 
I just spoke with Simon from TLA on the phone. They are breaking up for Xmas today and return on 3 January. He said they have held preliminary meetings to discuss what they are going to do to rectify the situation for us 20 people. He recognised that making sure next years product does nothing to help us this year and doesnt do a thing to make it right. He did ask that we leave it with him gor attention from 3 January and he will communicate any proposal by TLA to those 20 people affected.

I am on board with what you propose, though TLA has indicated they are putting work into fixing the situation so we need to give them the opportunity to rectify it first.
 
O.k, I will not post publicly on this, any further and to be seen as fair/reasonable person until 7 Jan. Happy to have P.M info. sent to me.
Still will be working on this behind the scenes, as I too have my dates to abide bye, in case it's just a delay/diversion tactic, or if the compensation offered isn't adequate, regards George :)
 
I am with Matt on this. Can somebody please tell me where it exactly states what "special" is. Is not being limited to 20 "special".
As for the hole in the redemption card reducing the value if the cards, I would like to know what my select cards would be valued at if the didn't have the redemption hole.
ESP do not control the value of the cards, so they are not at fault for people over spending on the cards on the secondary market.
I do agree the cards could of been done better and I am glad I did not proceed with collecting them all as I could not see the value but you are wasting your time if you think the ACCC will do anything
Any way just my 2 cents
 
Yeah I completely understand the disappointment some may feel with these cards but at the end of the day ESP have done nothing wrong here. Everyone is entitled to take whatever action they feel necessary but I can't see it going anywhere either.

In response to what is in the letter above:

Point 1 - "For those collectors who manage to collect all 16 predictor cards they can claim a gold parallel set of the winning team 9 card set, which will be limited to 20 sets only! These sets will be issued on a first come first served basis."
We have all seen previous releases of silver and gold parallels. I think it was pretty obvious what people were going to get. They delivered exactly what they stated, a gold parallel version of the winning team 9 card set, numbered to 20 sets.

Point 2 - "Consumers have/where mis-informed, mis-led into believing that the 20 Gold Set was going to be "special" of which not one person here has said it is".
The set is a gold parallel version of the winning team 9 cards set as promised. They are individually numbered to 20 and they are gold, hence setting them apart from the normal redeemed set. What you are really arguing here is one's interpretation of the word "special", which is completely subjective and can't stand up in any legal proceedings. The only thing that will stand up is what they promised vs what they delivered.

Point 3 - Yes, you have every right to reject the product. Send it back to them in protest if you like. Then what??? Does anyone think that ESP will refund people what they paid for Predictor cards in the secondary market??? No Court in the world would make that ruling unless there was definitive proof that something underhanded had taken place, but as mentioned previously, they have delivered exactly what they promised.

Point 4 - By sending a heap of complaints to the ACCC, they surely will see that a heap of people are upset, but that is all they will see. There is nothing else to see.

You nailed it in your conclusion - "......does not meet the consumers expectations." That's what this is really all about.

George, I'm not having a go at you with all this. I admire your passion for the hobby, I really do, and I know you are speaking on behalf of others as well, but I think what you are doing is an emotional based response to disappointment. Like my ol' father used to say, "Son, you'll never feel disappointed if you don't have expectations."

Good luck with whatever direction you take.
 
My thoughts:
Judt been on and off here over the past month due to my movements (currently in Toowoomba )

1. If I was ESP/TLA, I would be dropping the predictor numbers down but have it higher enough so that it is collectable.

2. Similar to select, send in the predictor card to them to receive something back even when your team doesn’t win the premiership. This could do two things, if a collector who is just starting out grabs one from box he/she could be drawn in more and be able to get something back, and it could keep the value as the predictor would have a card aligned to it ir; top try scorer or something like the select that was around years ago

3. Standard was ok, not the best work. Needs improvement, was a set backward. Since I couldn’t one for one the cards or redeem my sharks one or the other two, made the card less valued in my eyes and didn’t want to spend $$ on collecting the rest of them when I had elite coming up and extreme.
Which goes back to my favourite saying (bang for buck)
4. The punch hole thing... cmon really ?! I had several of my cards graded and it does not affect the grading. I have several as pristine 100! End of story no agreement on this one.

5. Going to ACCC , nah not worth it. In the space of 6 years esp has improved immensely, they tried to listen to us and are always willing to talk to us. Customer service is still lacking from time to time when asking questions about previous sets ( 2014 women in league redemption cards, can they be redeemed still? Still no answer )
Honestly I agree with Matt and Joey on this one. Love joeys last two paragraphs

I think it is an emotional response

Anyways happy collecting and I hope it doesn’t stop you from collecting trading with the great guys and girls on here!
 
I agree with mattcroz and Joey except for the second point, part could still be debatable. Yes they are a gold parallel set however the limited to 20 become debatable since their is no hologram sticker placed on the cards authenticating them which means that anyone could reprint off the set, which doesn't ensure that they will be limited to the 20 sets. Either way good luck with whatever you choose.
 
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