Trouble with dive shop

[redacted]

I would be working hard to send business from that LDS to a better run LDS in the area. The more bad shops that go under, the more the good shops can prosper. However, I have to wonder just what regulator it is that shop is so proud of.

 

[Genesis]

Here's the situation: I have been certified for about 2 and a half years from a local dive shop in Abilene that certifies with SSI. Subsequently, I also got my wife, teenage son and daughter certified as well through the shop. We spent thousands of dollars in the shop getting gear and multiple level classes throughout the past several years. However, I did not purchase all of my gear through this shop - mainly I purchased all 4 sets of regulators from a different dealer in Dallas basically because I wanted that brand of regulators instead of what the dive shop carries for various reasons.

About 6 months ago, I paid for my Dive Con classes and received my study manuels to start classes. I'm planning to keep going to instructor as well. Once I was finally contacted this past week (6 months later) to get things situated for these classes, I was told that I had to purchase the dive shop's regulators in order to go through the classes. I acknowledged supporting the dive shop and that I wouldn't be using my other brand regulators during classes, but they still insisted me purchasing a set of their regulators (at approximately $1400) before I can proceed with my Dive Con classes.

This is the first I have heard of this policy from the shop. They do not want to lend me their equipment nor do they want to give me a refund for the $560 I paid for the class. The policy sheet I received from the dive shop today states on the first line of the Dive Con responsibilities page to "Wear, use, OR buy dive shop equipment". To me that says I am not required to purchase all my gear there as long as I am using that brand during classes. What is your opinion of this situation? I will become a Dive Con and and Instructor, but I have other dive shops I can turn to. Keep in mind that I have already spent about 5 thousand dollars in this shop.

Call your State AG's office, and see your local small claims court clerk.

You might find an AG that would view this as extortion, which could get real fun for the shop.

I'd also sue them in small claims court for the class cost, and not show up. You can't change the terms of a contract after it has been entered into unilaterally. You have slam-dunk win in small claims on this one.

In addition, post the name of the shop.

 

[MikeFerrara]

If a business wants to require an employee to own their own tools I guess that's ok. They might even be able to pull off requireing specific tools. The employee decides if the job is worth it or not and takes it or leaves it.

However, DM's aren't usually paid employees while assisting with training at inland shops. Also you're only talking about taking a class and aren't negotiating employment on any level.

 

[gj62]

Call SSI first - (970) 482-0883 - they've always been great to me when I call (but I've never called to complain about a dealer).

Small claims court is a hassle (I don't know how you value your time), plus, even if you win it could be hard to collect, depending on how above-board the shop is...

Definitely report them to the BBB too.

 

[Michael Schlink]

If you have exhausted trying to work things out and I agree that buying another set of regs isn't an option and renting seems out of the question you're down to trying to get your money back, correct? OK DON"T go see a lawyer, yet-why because they cost $$$ Try to work it from another angle. first read your aggreement and determine if you, by paying them for the class, obligated yourself. if you are confident that you didn't-- do the following-DOCUMENT every conversation and phone call to everyone you talk with. Formulate a step by step plan of what your going to do to get your money back and then have a final face to face with the LDS owner showing him your plans to recover. If he doesn't agree to write you a check on the spot you now have two choices -go for it or blow it off For example - After deciding that he (LDS) wants to play hardball 1. Call local BBB file a complaint and ask for arbitration- If the LDS is NOT a member this is a waste of time 2. Call SSI and send them a letter to back up your phone call, see if they will put some pressure on the LDS 3. Go to local Courthouse and file papers for small claims court. Now here is the problem, and why you probably can't hire a attorney- You are only trying to recover $500-$600 correct-If you can hire an attorney for less than that you still aren't going to get any money back and unfortunately you're not going to "teach them a lesson" you are simply trying to get your money back. You could easily spend more than that trying to recover and understand that in civil actions you will only get a judgment against the def. getting him to actually pay is another story. The truth of the matter is your best chance is to "Poker Bluff "the LDS in to thinking they'll be better off paying you back. Good Luck

 

[Genesis]

Small claims is not a big deal. Neither of you get a lawyer, the filing cost is minimal, and typically the judges do not put up with any BS - you show up, present your case, they present theirs and you get a judgement right there (win or lose.)

Now COLLECTING can be another matter. But once you HAVE a judgement, its collectable through any normal means. Further, the fact that you have it is public information, and its bad for business if/when people find out that you don't pay up when you lose - after all, its no longer just you claiming that they owe you money - a judge agreed with you and handed you a piece of paper saying the same thing.

I would certainly give them the opportunity to give it back first before suing them, but it sounds like the owner has already made up his mind that he's going to try to stick you for the cost one way or the other. If that's the case then you have to figure out whether its worth $20 (or whatever your small claims filing fee is where you live) to try to stick it back to HIM!

 

[rkr3000]

Thanks for all the replies so far. The type of regulator is a Scuba Pro. It's not just the regulator, it's the whole setup with a computerized dive watch and air pressure gages all combined (plus and octopus or course). As I have said, I already own 4 complete sets of regs, gages, and computer watches. I use Posiden and am very happy with it. I chose it over Scuba Pro because I felt it fit our needs better. I'm not against Scuba Pro in any way. I just don't need or want a set of it.

The Dive Shop did not tell me of this requirement when they took my cash 6 months ago. He also made a comment that I purchased this class directly from SSI which I know is incorrect. That's one defense for not returning my money to me so far.

There is no return policy for gear at the store. It's instore credit only.

I'm leary of stating the specific name of the shop right now, but I will tell you this much. There are two shops here in Abilene, Texas - one PADI and one SSI. The PADI shop is called The Dive Spot and is a highly reputable store. This is NOT the store I'm having trouble with. The SSI store is the one in question. Yes, I know some of you are going to say I should have started with the PADI store to begin with. Hind sight is 20/20.

 

[Michael Schlink]

rkr, if they told you of the requirement when you paid for the class, did they put it in writing? Did you sign anything? You are at the point where taking the class is out of the question, buying anything form the shop would be a bad idea and so you're down to trying to get your $500 back. And although few of us may agree with their policy if you agreed to it your stuck. I don't know about you but I don't have time to go to court over $500, again a judgment in your favor does not mean you'll see your $$ In fact in most cases the $$ is never recovered . If you agreed to their terms when you payed for the class cut your losses and move on. Sorry and Good luck-M

 

[The Chairman]

Don't feel pressure to identify the shop until and unless you are fully ready. Some want the gory details just as some like to look at car crashes. You have more options open to you this way... so use your best judgement.

 

[Genesis]

The Dive Shop did not tell me of this requirement when they took my cash 6 months ago.

That's the beginning and end of the discussion right there.

You formed a contract for a class based on what you were given in written and oral form.

He "held back" that the cost of the class was three times what he charged you (when one figures in the unnecessary gear purchases.)

This renders the original contract null and void, as you had no meeting of the minds - one of the three essential elements of a contract was not met. Further, if you can establish that he intended to mislead you then its fraud and the floodgates are open (punitive damages), but there's no need to go there - to act as if there was no contract originally (because there was not) and to simply hand you back your money is the right thing for him to do, and the right thing for you to demand and press for through any means necessary.

It is POSSIBLE that this is all a misunderstanding, but again, even if it is, there is no contract - if the two parties do not agree on what they're contracting to do, then there is no contract at all.

He cannot say "store credit only" on that, because the ORIGINAL act that caused you to give him the money simply "never happened" - you never had an agreement in the first place.

This kind of sleazy business practice, by the way, is OFTEN of interest to the State Attorney General's office. Their entire purpose in life is to protect consumers from this kind of shaft job (e.g. you buy carpeting for your house, they quote you a "fixed price" for the whole job, you pay them, then when they show up they rip up the old carpet and then refuse to lay the new until you also pay them another $200 for stainguard, etc.)