Paid for dive lessons, but shop closed up. What do I do?

[TSandM]

My mother used to say, "You can't get blood from a turnip." If the instructor closed his shop, it's likely that he did so because he ran out of money to operate it; thus expecting a refund may be much too optimistic. Although it's likely that, in some form, he retains liability for the financial obligations of his business, you might well have to take him to small claims court to get the money back, and given the sums involved, it probably isn't worth your effort.

He should be VERY gracious about providing the referral forms, and I agree with everyone else that you should take advantage of the $75 offer, which seems quite generous.

Putting this on your shoulders is tacky, IMO. If he was intending to close down his business, he should have contacted everyone who had goods or services pending and let them know.

 

[johnatabc]

Not sure if the same rules apply in the US as apply here in the UK, but here if a supplier goes out of business after goods / services have been paid for by a consumer using a credit card but before the goods / services have been fully delivered, the consumer may have a claim against the credit card company.
First priority though has to be to get the referral documentation.
John

 

[theduckguru]

If you paid via a credit card, you may still be within the chargeback period to dispute the charge. Contact card issuer today.

 

[Scared Silly]

I am going to ditto the last two posts. If you paid with a credit card, request a charge back for the full amount. In the mean, give the SOB one more chance to live up to their agreement and do the OW dives before your trip. Like this week.

 

[CoconutDiver]

Listen ...

If you paid with a credit card, you "could" file a dispute with the bank that issued the card ... however, in all likelihood, the merchant (your ex-instructor) has closed his bank account (or possibly "had" it closed from overdrafts, etc) and there is really nothing that VISA or MasterCharge are going to be able to do (they typically like to "retrieve" the disputed funds and "hold" them until there is a resolution). If there is no account ... there is no money ... you are S.O.O.L.

If you had used a Debit Card (Visa or MC) ... there is REALLY little that you can do. Your "rights" as a consumer using a debit card are SIGNIFICANTLY different and MUCH LESS than a consumer using an actual "credit card".

BTW ... at LEAST 4 out of 3 people have trouble with fractions Just move on with your life and diving adventures. Pray for the the ex-Instructor and forgive him ... it's MUCH better than "trying to get blood out of a turnip".

Not always easy to do ... but it is the BEST way !!! (Think about the time(s) when "you" were not able to honor your word ... especially when circumstances were out of your control. (Just a humble thought.)

Just let it go ...

 

[Scared Silly]

If you paid with a credit card, you "could" file a dispute with the bank that issued the card ... however, in all likelihood, the merchant (your ex-instructor) has closed his bank account (or possibly "had" it closed from overdrafts, etc) and there is really nothing that VISA or MasterCharge are going to be able to do (they typically like to "retrieve" the disputed funds and "hold" them until there is a resolution). If there is no account ... there is no money ... you are S.O.O.L.

Not necessarily ... it all depends on the merchant agreements. I have 60 days possibly longer to dispute a charge. If the merchant fails to respond then I would get my money bank. Where that money comes from I am not sure but the credit cards have pretty deep pockets.

 

[ReefHound]

Get your referral paperwork before disputing any credit card charges. Once he gets wind of a chargeback he might become totally uncooperative and look for any way to stick it to you.

 

[Sinbad Scuba]

While you may have to put up the money, I would urge to do two other things. One, post the person's name and the name of the dive shop on this forum. Second, if it was a PADI shop, I can assure you that they are concerned about more than just standards. Or, to put it another way, ripping off customers is in fact a violation of standards, so report them to the certifying agency.

 

[a22shady]

You could always go into court and file a small claims suit in the town he resides. I would list him personally and his bussiness, Even if the shop has been closed he can still be held liable.

 

[ReefHound]

Let me repeat, get your referral paperwork before anything else. Once you take any kind of adversarial action - disputing credit card charges, filing lawsuits, filing agency complaints, going public, etc. - he is likely to terminate communications with you. I wouldn't even let him know you are unhappy until you get what you need.