time to go to court !!

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william

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just got my bottle back from the welding supply house and their tank tech confirmed the 2nd lds's opinion that except for surface rust (and tumbling ) the tank was completely servicable and yes I concur with one of the earlier writers...ALL subsequent vip inspections on my bottles will be done by a welding supply house.
When the dust settles I'll post a note how I faired in small claims court...thanks to all for the help/info.
p.s.--anyone got a good steel '72 for sale ???:haha:
 
when it has to come to that. But I would put the screws to him & make an example of him if @ all possible. After all, you've used your time, gas & will use time off from work to do this.... Right?

If you do win, and I forsee no problems there. I would take the court papers & post them in the view of other divers to let them know.

Forewarned is forearmed!
 
William, I don't know where this shop is, but I'm sure others in the area where this shop is located would like to know who they are, so we can avoid it. If you go to court and win, please post the name of the shop and location.

Making an error, and then destroying someone elses property in order to cover the error up, should have a higher penalty than the few hundred dollars that a tank costs.

Notwithstanding the above statement, if you want to possibly avoid the inconvinience of the court process, consider calling the shop one more time and speaking to the owner. No discussion, simply giving him/her a final chance to do right before you file suit. This has worked for me in the past, does'nt always work, but since most likely they know they're wrong they may decide to settle. Some people like to see just how far they can go in screwing somebody before they are stopped. Beware of stall tactics, if they don't have the tank and have to order it, then they sure have the money. Game's over.

Don't take this as legal advise, just one online buddy trying to help another.

Good luck.
 
IMHO you cannot be held responsible (legally) for "slander" or "libel" if you publish the complaint in a civil suit.

Civil courts are public places - so are the complaints.

Post it - that will serve to name the shop as well as the particulars.

(Talk to a lawyer first - this ain't legal advice; nobody can give it over the Internet in a public forum like this, lawyer or not...)
 
on how the truth tends to cause trouble for those who claim that a statement is "libelous"....

Or is that one a bit troubling for you?

What is it with you? Are you involved in defending people engaged in shady business practices or something?

Sounds like someone doesn't like the interest that I've taken in seeing pro-consumer sentiment take over in this marketplace...

It never ceases to amaze me how people come out of the woodwork to try to defend businesses that practice various unsavory things, legal or not.

The forms of defense vary, from threats to calling people crackpots, but the gist of them is to try to shut people up who would otherwise try to make it widely known what someone has done and is doing.

Unfortunately for those who practice this sort of intimidation, the Internet has made it a losing strategy. Never mind that it was a losing strategy before, especially when faced with a determined opponent.

I will never forget the call I had with a major hardware manufacturer six or so years ago just before Interop/Networld, as I was sitting in my hotel room. I had in my hand proof of some pretty serious issues with them over the course of more than a year's time, and had been fighting with them over a resolution. I simply explained that in my suitcase I had a T-shirt that said "<Vendor> sucks, ask me why" on the front and back, and that I had every intention of wearing it on the floor of the show in the morning. He hung up on me on the spot

Magically, however, about a half-hour later, the phone in my hotel room rang. It was him, calling back.

The light bulb had suddenly illuminated in a CEO's brain, and wonder of wonders, the dispute was, during that call, amicably resolved.

Or the guy who I ran into at the boat shows a couple of years ago, with "MAN SUCKS" (an engine manufacturer) 8-1/2x11 glossys, complete with images of pistons from his engines with a few extra holes in them.

MAN tried to shut him up with threats of lawsuits - they failed. Nothing he said was false, you see. The threats probably did MAN more damage than the original problem. I know I, and many others, will never own a boat with MANs in it - for me, at least, the damage is irreparable. Instead of dealing with a problem, they tried to bury it. That's enough for me to damn them forever.

One's gotta wonder where this kind of "advice" comes from among liars, er, lawyers.

Its one thing if you didn't do anything wrong.

Its another when you did indeed screw up, and instead of owning up to your mistake and making good on it, you try to screw someone else.
 
calling names.

(Never mind that this guy SAYS he has the evidence, in the form of the tank itself and the inspections from both the hydro shop and another independant inspector...)

It started when I applauded the shop in SE Florida for selling fills at a rational price, and asked when they were going to franchise and/or expand and put those shops who overcharge out of business..... then, apparently, carried over here where he could find another post I had made.
 
There is no need for hostility or name calling.

If you disagree, you are welcome to express your disagreement. You are certainly welcome to use your knowledge of the law to point out errors.

Please refrain from personal attacks and name calling in the future.
 
So what's the problem here?

Publishing the complaint - without your hypothetical "ad-lib" making unprovable allegations - is what I would do - and what I would encourage anyone else to do.

The COMPLAINT ITSELF is a public record. That was and is my point.

Yes, I agree that you could get yourself into hot water if you start calling people names.....

All you need to (and should) do is document what actually happened, lay forth the complaint and inspection results, and let people draw their own, independant, conclusions.

I made no statement here that this gentleman should accuse someone of "fraud" or any such thing. That is pure hyperbole on your part and a gross distortion of my original comment.

I simply said that he should post the complaint - as filed. I'd probably also add the supporting documentation if was me.

Nothing more or less.

So, if I get this right, your entire series of attacks here was because, well, you like calling me names.

Ok. I get it.

Sheesh...
 

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