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Topic ClosedCharter Refund

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Direct Link To This Post Posted: 31 May 2019 at 1:41pm
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Originally posted by formtool formtool wrote:

That has been tried but shut down by Grant. ..
I'm not aware of shutting anything down however here's what I've understood about this to date:

The issue is with Dave Morrow and yes, Dave has been a longtime contributor to these forums, a Moderator and someone many on here, (and especially me), have held in high regard for a considerable time.

Smudge, others and I have tried to contact Dave but to no avail in recent times. Consequently we haven't heard if there's any other relevant points for consideration around Rod's problem but hopefully Dave's reading all these comments and is in the process of doing what he can to put things right.
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Direct Link To This Post Posted: 31 May 2019 at 1:47pm
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I agreed, we don't know what happened or what's going on with him at the moment.
S##t happened sometimes and I hope he can make it out.
PS: formtool, I'm still waiting for your receipt.

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Direct Link To This Post Posted: 31 May 2019 at 1:51pm
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Guys, there are two sides to every story. In this case one side is people are getting ripped off, and the other side is that someone is ripping people off.
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Direct Link To This Post Posted: 31 May 2019 at 2:22pm
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Surprised by this whole thing to be honest.
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Direct Link To This Post Posted: 31 May 2019 at 2:47pm
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Originally posted by Muppet Muppet wrote:

Surprised by this whole thing to be honest.
 
We all are Muppet. It's not a good situation for anyone.


Best gurnard fisherman in my street
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Direct Link To This Post Posted: 31 May 2019 at 3:02pm
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Hope he is all good, never know what personal matters one may or may not be going through. 

All good things take time, can understand if you guys are financially tight but i'm sure everything will be sweet.
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Direct Link To This Post Posted: 31 May 2019 at 3:45pm
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a Moderator and someone many on here, (and especially me), have held in high regard for a considerable time.

Add to that a real nice guy, and behind the scene, over many yrs has helped me out in several areas that I have found few other to be even close to his knowledge.
I also find this rather surprising, and tend very much as there is something else that has happened.

 It is so out of character.
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Direct Link To This Post Posted: 31 May 2019 at 5:36pm
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Originally posted by Steps Steps wrote:

It is so out of character. 

Agreed, I've seen the effort and time he's put in here and only met him once but to honest, I'd have to say I'm a little concerned.
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Direct Link To This Post Posted: 31 May 2019 at 6:04pm
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Interesting thread - did you pay for entire charter up front in advance or was it night before by internet and then trip cancelled?
 
Does sound out of character though I don't know guy involved - hopefully your posting in this way will move things along and someone will PM you and tell you the back story and I am sure there will be one.
 
Appreciate your approach but must be really frustrating even if guy could get back to you and say sorry will talk in a week or so....
 
 
Good fishing trip nothing breaks, great trip catch fish.
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Direct Link To This Post Posted: 31 May 2019 at 6:50pm
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There has been very little communication after the trip got cancelled with me anyway. I paid my share up front and due to cancellation should have been refunded. That was close to 3 month ago
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Direct Link To This Post Posted: 31 May 2019 at 8:35pm
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Ok i will try and tidy a couple of things up.

First Sorry to Grant, got secondhand hand information about shutting down Posts.
I take it that the Moderators are not paid and are doing this on good will. Thank them for me. and thank you for your help.
Refund I am personally after if $585 paid ages ago. Have asked for refund but like others no reply on Phone, PM, Cell for 2 months? But i know others are also after refunds so adding this all up together. We are all in the same boat. So one voice for all?
With this website Dave has not logged on since the 22nd of May, so keeping away?
Dave I personally  like the guy very much, have meet on a few occasions 2XS charters and forum get togethers. Like others his knowledge is wide spread on the marine industry and boating. Seen the help and knowledge he has shared here is fantastic and would be a great lost to this website. 
Clifftastic, I have been personally contacted Z pier and Dreamboats and Dave are no longer there, as far as I can say and found out they have moved to Bayswater.

Daniel, for address that is public knowledge available to all. There is a website  https://companies-register.companiesoffice.govt.nz/ - https://companies-register.companiesoffice.govt.nz/ which has all Directors and bushiness in New Zealand. You would use your accountants address not your personal as correspondence. 
Fish4T, My wife does the internet banking, thing (I was in the Saudi Arabia and Turkey when payment was requested)I like Cash. She paid the money so her fault. Just kidding. She's sick like so many others at the moment so will get back to you when she is better. Why do you need proof? please PM

But to get back on topic, How do you get a refund if no service is provided after payment and you have receipts. 

Please lets turn this experience into a positive thing and help others.  

 
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Direct Link To This Post Posted: 31 May 2019 at 8:52pm
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wow first post for Smeg. 
Sorry on another PC and forgot PW, So Smeg is Formtool.
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Direct Link To This Post Posted: 01 Jun 2019 at 8:59am
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Seems a disappointing scenario all round. I had considered going on the charter for the kids and glad I didn't now. Let's hope the man does the right thing.
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Direct Link To This Post Posted: 01 Jun 2019 at 10:48am
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Leaving aside the possible right or wrongs of the issues being dealt with in this thread contributors should be aware of the type of comments that could result in defamation liability.
 
Had a post composed re the above that suddenly disappeared before it was posted outlining the situation as I understand it to be, but do not have time to re write so will need to complete later.
If fish oil is made from fish, avocado oil from avocados & olive oil from olives then pray tell what is baby oil made from ??????
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Direct Link To This Post Posted: 01 Jun 2019 at 11:44am
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Originally posted by Smeg Smeg wrote:


But to get back on topic, How do you get a refund if no service is provided after payment and you have receipts. 

 

 
 
Talk to a Lawyer or file a claim with the Small Claims Court.
Sea Strike 18' Centre Console - Under Construction....Build Thread here
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Direct Link To This Post Posted: 01 Jun 2019 at 1:45pm
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presuming the trip was/is organised as a private event,so not really a charter of such as he offered the trip as a fundraiser event for his daughter?? and you did not approach him with,Hey a group of us would like to go GT Barrier for a weekend.

So in the event of a refund(not being a lawyer)I would say if tried to take legal action via a court I think it would come down tough titties.

Lets hope he makes contact and does the right thing.
water water everywhere,how many fish does it hold?
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Direct Link To This Post Posted: 01 Jun 2019 at 2:18pm
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If you look at the first post some months ago regarding the ill-fated trip, it said "... thinking about running a weekend charter to Barrier and beyond to help raise..."
I would think that if someone who is a registered charter operator offers a service as above, a court would rule that the people signing up were entitled to believe it was a charter.

I would have thought it was illegal for anyone other than a licenced charter operator to offer to charge people a fee to go out fishing with them? Fine in terms of sharing fuel costs of similar, but not a clear profit making exercise...so either way there would be legal avenues to pursue.
Obviously it wouldn't be worth pursuing other than at small claims court, given the amounts involved.

The same post goes on to spell out very clearly about the situations which would result in a refund. So I can imagine how frustrating the situation must be for those who booked and paid in good faith, having been urged to hand over money in advance (in the same post). 

Given the references of good character that the operator has received from some respected forum members, let's hope he can overcome whatever issues have created this situation and it gets resolved speedily.
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Direct Link To This Post Posted: 01 Jun 2019 at 2:31pm
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TK  a trip to westhaven wouldnt hurt,at least then you can if the premises are vacant or not. Could make general inquiries from other operators as to we he is ??
water water everywhere,how many fish does it hold?
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Direct Link To This Post Posted: 01 Jun 2019 at 2:38pm
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Originally posted by pjc pjc wrote:

p

So in the event of a refund(not being a lawyer)I would say if tried to take legal action via a court I think it would come down tough titties.


A service has been offered and paid for, a contract to provide the service exists (offer, acceptance, valuable consideration ie: payment), so definitely legally enforceable and in the event of the service not having been provided an available remedy would be refund of any payment made.

However, the cost of enforcing is the issue, I can't see any situation in which a disputes tribunal would rule against those seeking a refund, and as the offer was made by Tagit (Dave) personally, he would be personally liable.

Lodge a claim.
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Direct Link To This Post Posted: 01 Jun 2019 at 2:46pm
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I must add however, having been the recipient of Dave's kindness in the past (and a very cheap trip to the Kings on Tagit)I am surprised and concerned by what has happened here. 

And Dave please let us know if we can help you in any way, you have certainly helped plenty of us in the past. 
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