Nekton (Bad News)

[divengolf]

Good advice, Hodge Podge. We will always pay by credit card from now on. We managed to get the Nekton deposit "credited" to our Visa and Visa will dispute it with Nekton. The deposit was only a small portion of the total, but it's better than nothing.

I second this advice. A couple days ago I was making a 2011 reservation with a well known LA op in the Pacific. They asked me to send a check for the deposit and told me that they only accept checks or wire payments for both the deposit and final payment. BIG RED FLAG!!

I explained that I would only pay by CC and my reasons why citing the Nekton situation as part of the reasoning. They claimed to be unaware of the Nekton issue which is certainly possible. Anyway it came down to either them accepting my CC for both the deposit AND final payment or me walking away from the trip which I was fully prepared to do.

After a day of "thinking about it", they elected to accept my CC payments and all is well. So stand your ground and be prepared to walk. I've run into a couple situations where the LA op wants the customer to pick up the 3% CC processing fee. Generally I try to compromise at spliting the fee. In this case, the fee was never mentioned.

One final thought on CC protection. I spoke with my CC processor and confirmed that most cards give you 60 days from statement date to dispute a charge. After that you're at the mercy of their good graces, even if it's a deposit for services never received. So when you place your deposit several months before the trip, you may not be able to recover it depending on the CC policies. However your final payment generally due 60 days prior to the trip date should be recoverable if you time it right depending on your billing cycle.

 

[Paul522]

kton Diving Cruises, LLC. - Friday, May 28, 2010

On May 27, 2010 an Assignment for the Benefit of Creditors Proceeding was filed in the Circuit Court for the 17th Judicial Circuit in and for Broward County, Florida, Case No. 10-22757 (25) in which Nekton Diving Cruises, LLC assigned its remaining assets so they can be liquidated and the proceeds distributed to creditors. Anyone who was listed as a creditor in the case, including customers who had deposits, will receive in the mail during the month of June a notice of filing of the case as well as a copy of a claim form. There are instructions on the claim form as well as an address where the claim should be sent. Please review the instructions and be sure to file a claim before the deadline to do so, which will also be set forth on the claim form.



If you have any questions, you can contact Michael Moecker and Associates, Inc. at (954) 252-1560. Please reference the case you are calling about and they will direct you to someone who can help you. Please wait until you have received the mailing or the first of July if you do not receive a mailing. Additionally, as noted in previous postings, please contact Aggressor Fleet, Peter Hughes Diving, Explorer Ventures and other liveaboard Companies about generous offers being made for the affected Nekton customers. Thank you and we again apologize for the inconveniences our cessation of business has caused.

 

[DiveMaven]

Interesting....so do the tax liens against the company get paid before creditors?

 

[skydiver30960]

I'm not a tax lawyer, but I am an American who has come to feel a little wallowed out by Uncle Sam lately. I would bet my next paycheck (or whatever part of it isn't already claimed by the government) that he's going to get his cut before any of us see a dime.

Ike aka "system payer-inner"

 

[mike_s]

Interesting....so do the tax liens against the company get paid before creditors?

you really think that Uncle Sam and the IRS are going to say "sure go ahead and pay for that generator repair before you pay us the payroll taxes you owe?" Nope...

The Tax Liens will take "first cut".

Then, believe it or not, the shipyard will take a cut because they have possession of the vessels being auctioned off and they haven't been paid. That includes work done, daily storage fees, etc...WAIT.... THE PLOT THICKENS....

even though the shipyard where both vessels are 'impounded' while a seperate corporation, is owned by guess who..... ------> John Dixon who owns Nekton. So He will actually be paying himself for part of that for the bills. I expect some creative accounting, but that's just speculation on my part.

The booking agency that everyone booked with, guess what... It's not actually Nekton. It's a seperate booking agency, set up as a seperate corporation, owned by Dixon. They (he) will get some of it also .

Who's left? Anyone else he hasn't been paid that is a creditor..

then the lawyers will get their cut.


customers who paid money and employees owed back pay will likely only get crumbs...

 

[gpulsar]

Liquidation Filing For Nekton Diving Cruises, LLC. - Friday, May 28, 2010

On May 27, 2010 an Assignment for the Benefit of Creditors Proceeding was filed in the Circuit Court for the 17th Judicial Circuit in and for Broward County, Florida, Case No. 10-22757 (25) in which Nekton Diving Cruises, LLC assigned its remaining assets so they can be liquidated and the proceeds distributed to creditors. Anyone who was listed as a creditor in the case, including customers who had deposits, will receive in the mail during the month of June a notice of filing of the case as well as a copy of a claim form. There are instructions on the claim form as well as an address where the claim should be sent. Please review the instructions and be sure to file a claim before the deadline to do so, which will also be set forth on the claim form.



If you have any questions, you can contact Michael Moecker and Associates, Inc. at (954) 252-1560. Please reference the case you are calling about and they will direct you to someone who can help you. Please wait until you have received the mailing or the first of July if you do not receive a mailing. Additionally, as noted in previous postings, please contact Aggressor Fleet, Peter Hughes Diving, Explorer Ventures and other liveaboard Companies about generous offers being made for the affected Nekton customers. Thank you and we again apologize for the inconveniences our cessation of business has caused

 

[Doc]

http://www.scubaboard.com/forums/5272790-post312.html

(look up, four posts)

 

[cringhofer]

On a lighter note, I want to thank Explorer Ventures for stepping up to the plate with their discounted Caribbean trips for paid Nekton customers. I was able to book with them for 50% off to Turks and Caicos in July. Everyone with their company has been wonderful!

 

[scubadad]

The booking agency that everyone booked with, guess what... It's not actually Nekton. It's a seperate booking agency, set up as a seperate corporation, owned by Dixon. They (he) will get some of it also .

Who's left? Anyone else he hasn't been paid that is a creditor..

then the lawyers will get their cut.


customers who paid money and employees owed back pay will likely only get crumbs...

Florida law requires "sellers of travel" to have a financial guarantee in place, such as a Seller of Travel Bond. Normally it is $25,000- $50,000. I have dealt with a lot of time share sellers and they all had to have a $50,000 surety bond in place as part of their license.

I'm not sure if that applies in this case, but this might be another avenue to research.

 

[mike_s]

Florida law requires "sellers of travel" to have a financial guarantee in place, such as a Seller of Travel Bond. Normally it is $25,000- $50,000. I have dealt with a lot of time share sellers and they all had to have a $50,000 surety bond in place as part of their license.

I'm not sure if that applies in this case, but this might be another avenue to research.

Good information....

Even so... I think Nekton trips were running $1800 average. (not 100% sure as they've erased all that from their website) . They can put up to 30 divers on a boat.

$1,800 x 30 divers = $54,000 bucks for one "full" boat.


So one canceled boat week could pretty much wipe out any required $50,000 travel company bond. And we all know they've had more than one week canceled. ....

Some people were owed multiple trips from multiple canceled trips. (and people rarely go alone, so at least in couples or more).