Diving with Nekton cancelled Help needed

[scubabarb]

Hi, Terry and James -- We're most likely going to go with Rainbow Reef, since we're not familiar with the area and would prefer to have a dive guide (free with package dives). Our trip is planned May 7 - May 15. Will probably stay in the Keys somewhere, we're still trying to find a place. Would be great to meet you both. My husband says we can discuss our class action suit for Nekton Cruises over drinks.

Terry -- check your "Private Messages" inbox. I'll be sending you my email address.

I'd be very interested in any information on a class action suit. Several of us were booked on the June 15th trip. After repeated phone calls to their office, I went to their site on the 17th and saw their message. Then I started hunting for more information on the web. Nekton is a Foreign Limited Liability Company - found that the owner filed this on MAY 12, 2010, just days before the company posted that they were closing its doors. Looks and smells to me like the owner lined his pockets well and left his employees and customers (several repeat customers), hanging.

 

[scubabarb]

I went to the Fort Lauderdale Police Department today and opened a case with them. Told the woman who took my information, which included Nekton's web message, my cancelled check, bank statement, and receipt, that potentially over 100 customers are out full amounts for trips that will never happen. Worse, its very uncertain what Nekton will post in June regarding claims. Given the posts that I've read here, I'm not waiting for mid-June to find out. I also gave my out of state dive buddies that were booked on Nekton, the phone number and my case number and urged them to call and provide supplemental information.

 

[mike_s]

I went to the Fort Lauderdale Police Department today and opened a case with them. Told the woman who took my information, which included Nekton's web message, my cancelled check, bank statement, and receipt, that potentially over 100 customers are out full amounts for trips that will never happen.

Did you ask her about posting contact information for who ever the "case officer" is for this for others here that might have gotten "taken" ?

perhaps post it here?

That way others could "file a case" or contact her (via phone if out of town). You get 20-80 people filing cases against getting their money taken, it'll get a lot more attention that just one person.

 

[Scott L]

I went to the Fort Lauderdale Police Department today and opened a case with them. Told the woman who took my information, which included Nekton's web message, my cancelled check, bank statement, and receipt, that potentially over 100 customers are out full amounts for trips that will never happen. Worse, its very uncertain what Nekton will post in June regarding claims. Given the posts that I've read here, I'm not waiting for mid-June to find out. I also gave my out of state dive buddies that were booked on Nekton, the phone number and my case number and urged them to call and provide supplemental information.

How would this qualify as a criminal matter? Just obtaining a case number for tax purposes? I am sorry to hear of all the disruptions to travel plans...

 

[scubabarb]

Did you ask her about posting contact information for who ever the "case officer" is for this for others here that might have gotten "taken" ?

perhaps post it here?

That way others could "file a case" or contact her (via phone if out of town). You get 20-80 people filing cases against getting their money taken, it'll get a lot more attention that just one person.

Because I live in Ft. Lauderdale, I had to go in person to make a report; my trip buddies were phoning in information. Initially, the report(s) are made with any corraborating information copied. Then the file is assigned a case number and sent up to investigations where the information is verified. A detective will be calling me "next week". At this early stage, I don't have a contact name. Then its forwarded to the prosecutor's office. The policewoman I met with gave me a case number and told me to share it with my dive group, along with the phone number, but discouraged me from posting it on Scubaboard (yeah, I asked) . However, one of my buddies called and was assigned a new case number. So, if you are making a report, my best recommendation would be to mention that several others have been (or will be) making complaints against Nekton Dive Cruises. The contact phone number is 954-828-5700. If you wish to "chat" further on this, send me a private message.
Barb

 

[Grdive]

Just got back from our holidays. Spent a great week in the Keys diving with Rainbow Reef.

Barb, I was really just kidding about the class action, though we would be interested to hear how your case is going. We called the Ft Lauderdale police and they said that it was a civil matter so they didn't take our information or give us a case number. I did manage to get the deposit back via the credit card company, but of course we're probably out of luck with the bank draft that we sent for the bulk of the amount.

 

[tia126]

How would this qualify as a criminal matter? Just obtaining a case number for tax purposes? I am sorry to hear of all the disruptions to travel plans...

If I am correct, what Nekton did is consumer fraud, and that could be a civil and/or criminal offense.

I don't think anyone (myself included) is going to see any financial compensation from Nekton (unsecured creditors being at the bottom of the list, the government and IRS being at the top), but it would be nice to see John Dixon hauled off in handcuffs for what he did to his employees and customers!

 

[DaveScuba]

If I am correct, what Nekton did is consumer fraud, and that could be a civil and/or criminal offense.

I don't think anyone (myself included) is going to see any financial compensation from Nekton (unsecured creditors being at the bottom of the list, the government and IRS being at the top), but it would be nice to see John Dixon hauled off in handcuffs for what he did to his employees and customers!

For it to be fraud, you'd have to prove they took your money knowing they were going out of business. Since they stopped answering the phones the week before they officially went under they can say they stopped taking reservations when they had decided to fold.

I wish we could get them for fraud, but that won't happen.

 

[tia126]

Might be interesting to see when they stopped depositing money received from customers, though.

Should Nekton file for bankruptcy (has Nekton actually done that yet?), the bankruptcy court should look carefully at Nekton's actions for several months before the actual date of filing to see if it can determine a pattern of fraudulent behavior. I'm not an expert - nor am I a lawyer - but it seems like Nekton's timing might be dicey - I know that they cashed my deposit check not quite three weeks before officially "going out of business"! I doubt that flat-out intention to defraud could be proven, but I think Nekton's pattern of behavior smells bad enough to raise a whole host of questions from a judicial authority.

 

[Scared Silly]

IIRC once in bankruptcy the court will go back 6 months from the date of filling and look at all transactions. The court may order any payment made within that time period to be "clawbacked" (Thanks BTravlin). There are some other funny things like payments for "religious" purposes can not be clawbacked (Folks can thank Sen Hatch and Sen Obama for that one).

Also I 'think" that payroll will come ahead of any creditors. It will also be interesting to see how the dock yard being owned by the company will play out.