Gift certificate refund help

[vballnut153]

I have searched every website possible to find the law on gift certificate laws. I live in Florida and had a massage room/practice inside a local gym. However, I started having a lot of problems with the clients. I was getting quite a few requests for things other than massage and when I put in a new policy where I bluntly stated before scheduling what my services did and did not entail, as well as turning away clients who did not have a "medical need" the owner of the gym started giving me problems. Someone, even though I was told it was an employee there, stole basically everything but my massage table and the pictures on the wall. Therefore I left there. I had 2 gift certificates still owed to a wife and husband couple. I tried getting in contact with them to schedule a home visit, but when I call he never returns the call. Or when he calls he wants the massage right this minute. That's not possible for me, I have to plan as I have 2 small children at home. I had finally scheduled a time to see him, but being pregnant I was having some complications and my O.B. said absolutely no more massage until after the baby is born. I called to talk to the male client (I've never spoken to the wife) and explained the situation and told him I would refund him the money. He was supposed to call me at 2 p.m., and when he didn't I called him. He never returned my call.

Right now we are living on one income, with 2 kids and a baby on the way. The money I "owe" him isn't that much, but it is a large amount on our budget. The money I had set aside has been used for some doctor visits for my daughter. I explained to him the situation, but now he is calling me 2-3 times a week leaving what I would call nasty voicemails. Basically stating he's getting really impatient, and his son paid for these and I need to give him his money now etc. (It's more the tone than the words.) While I understand his frustration, there isn't much I can do. I no longer have a practice and can not practice anyway.

I guess I'm just asking what can I do? I intend to pay him back because I feel it's the right thing to do. However, I am not fortunate enough at the moment to be able to pull the money out of our bills and monthly expenses. It will be at least another 2 weeks until I can manage it, but in the mean time I'm really stressed about him harrassing me about it. He's even started calling my husband's cell phone too. (I called him from the phone once when mine had died.)

 

[Tyler W]

Let your husband handle it, since he is calling his number. I'd set a date (at 2 weeks, don't let it drag out) for when he will receive the refund (that is going to the son who made the purchase, right??) and honor that date. Put it in writing, have it notarized, and on that letter say that any further communication before that date will be considered harassment and will be reported to the proper authorities as such.

When you send the refund, make it very trackable and easy to prove. Leave NO WAY for him to get by with saying he didn't get it. Get them out of your life. The baby doesn't need the stress.

 

[seductress]

Wow, that IS a pickle. I'm sorry you're having the complications!

Personally, I simply can't stand people like that--people who don't return your phone calls and then eventually start harrassing you. It's like, where were you before buddy? I also can't stand when people think they own you just because they have a gift certificate. Of course I owe them the massage, but we DO have other appts and just because they've already paid for it doesn't mean they're entitled to us on retainer! It does mean that they can call and reserve an appointment in advance like everyone else

Personal opinions aside
I agree with Rose of Sharon. Definitely set a date and request that he stop calling you. I would send it certified mail, so that he has to sign for it (although I'm not sure exactly what the laws and loopholes are on this, so many others with more post office experiences can illuminate any important details?) And I would send it in the form of a check (NOT cash). This way, if he ever comes back to claim you never sent it, you can check your bank statements to see if the check was ever cashed and if it was, then you know he's full of it.

A question...is the father (the harrasser) intending to pick up the refund himself, or will the son be meeting you to retrieve the money (since it was the son that paid for them in the first place, not the dad)? Shouldn't this c**kbite give you his son's number (or give his son yours)? A minor detail, but some ppl can be so weird...it's a GIFT that the dad didn't pay for himself, and thus he's not personally out anything and he seems to just be on a powertrip or something. Sorry, but these people just kinda irk me.

Above all, take care of YOU. This self-absorbed person is not worth your body or your baby

Good luck with this situation! Hopefully this'll resolve neat and clean.
Hugs to you AND the little one on the way,
~Jyoti

 

[purplesmiles19]

I do not know FL laws but you need to find that out first.

Hate to say it, I feel for you in your situation and all but if I were him and you said you weren't going to be able to do the massage for a very long time, I would want the money back too. BUT it needs to be paid to the person who bought it, not him.

Perhaps you should find another therapist that can do the massage, at a reduced rate also??

As for the place of employment, if they stole things, did you call the police and report it?

 

[Ashley Ireland]

Thank you for your responses. See, that's my point also. It's the person who the certificates are FOR that is harrassing me for the refund. I do not have his sons phone number (or even a record of the two certificates) as my entire locked file cabinet was stollen along with my other things. I didn't sell many, enough that I know exactly what I had out and how much was paid for them. I do know the son paid for them in cash, the amount, and did not want a receipt so I didn't give him one. The thing that irks me is they were purchased and given the beginning of October last year. He's had all this time to play phone eforum.xxx with me, but now he finds time to call that I "owe him money."

My thing is, if I send him a refund, which would have to be in the form of a money order (I get them from my bank and they are traceable with a check number and it's reflected on my account it was purchased) if he still has the gift certificate and God forbid he takes me to court. I guess I will just get the money order and have it filled out, have it copied and have the copy notarized, and also have his letter and a copy for myself notarized. If I can't get ahold of the son I really have no choice but to refund the person it was for right?

 

[Ashlie]

When I called him to explain the situation I gave him the choice. I had another therapist willing to do the massage within her business hours, or I would purchase another gift certificate for the same amount to another local spa. However, since I gave such a discount to the son for the certificates he bought, it would basically only cover a 1 hour massage anywhere he went. (Unless it was with the therapist I had arranged, she'd do what the certificates were for.) He said they would rather have the money back and he'd find another therapist himself. I was supposed to meet with him that night but he wouldn't return my calls. This was over a month ago. My husband and I both spoke with him and explained the situation, that I intend to make good on the certificate. But now he's demanding I meet with him tomorrow... well, sorry son but I can't. Believe me I wish I could pay him now but well, I can't.

As for the stollen things, yes there were two police reports filed. I rented a room from them, and after I put a more forceful policy in affect they had my lock cut off the door and one of theirs put on it. That whole thing is a story in itself though. Yes I filed reports, and I can try to sue the owner but I can't prove who took my things.

I do not know FL laws but you need to find that out first.

Hate to say it, I feel for you in your situation and all but if I were him and you said you weren't going to be able to do the massage for a very long time, I would want the money back too. BUT it needs to be paid to the person who bought it, not him.

Perhaps you should find another therapist that can do the massage, at a reduced rate also??

As for the place of employment, if they stole things, did you call the police and report it?

 

[Tina B]

Ooh! I thought of something else and I don't know if this helps, but do you have a policy that says gift certificates are "redeemable for services only" or "not redeemable for cash"? Not that you want to massage this guy, but at least it might absolve you from any obligation to give money back to anyone but the purchaser!

This moron is totally incorrect that you "owe him" anything, because he wasn't the one who purchased them. I'd say you DO have a choice on that one. The gift certificates were just that--a gift. The recipients can either choose to use them, or not. If not, they can give them to someone else (unless you have a policy against that). If the purchaser wants the refund, he can contact you himself.

Yeah, I think you definitely have to CYA on all fronts here. I sure might stipulate that I have the original gift certificate before any refund is mailed out. That part is a REALLY tough one. Ya know, I might just block this idiot's phone number from both cell phones, refund nothing until the son asks for it, and call it good. It may not be the best way to go but the son can call you himself if it's that important to him and you can arrange a refund to HIM at that time (and he's probably a lot better to deal with than Dear Old Dad).

Now take some deep breaths t058 This too shall pass.
Hugs,
~Jyoti

 

[Ms. Tay]

I'm going to comb through my phone records for the day his son purchased the certificates. (He bought them the day I did a specific charity event, so at least it'll be easy to get the day.) I will call every number if I have to and ask for the person. I will explain to him the situation, and ask him if he wants the money, or an equivalent monatary certificate from another therapist or location. I'll then call the father and inform him he will not be getting a refund, that it is up to his son what to do with the monies. (Which is how it should be, but I didn't think about phone records until reading your responses.)

I'm not sure the legality of writing a letter stating that by accepting this refund you are acknowledging the gift certificates purchased on this date etc etc to be void. I'll have them both notarized and sent certified mail. I would be willing to meet with the man who purchased them no problems, but I'm not sure how his scheduling is going to be either. (I'll meet you today at 2, and then don't hear from him.)

 

[Magic Man]

Before you go any further, you NEED to find out the laws in FL. I know I can go to a PA site to get information like that so surely there is one for FL. The law might answer all questions for you, making things much easier.

 

[MHMcHH <F2>]

UPATE:

new laws were passed in your state. The biggest thing is, you can not put an expire date on a gift certificate. That being said, this man can use the certificate at a later date, say when you are able to give massage again. Or do you intend to never give massage?

Things might have gone to far for you to ask him to hold onto it and you will call him when you are feeling better.

Otherwise, if you don't want to contact an attorney, write him a personal check. When it clears, you will have proof that he cashed it. Oh, by him, I mean the son. lol

 

[Steve H]

UPATE:

new laws were passed in your state. The biggest thing is, you can not put an expire date on a gift certificate.

Softy, do you have any links to this info? I'm in FL and I've not heard of this.

Angie

 

[Fearless]

This might help you....

Florida Division of Consumer Services Newsletter:
http://www.800helpfla.com/newsletter/2007/082007.html


In the Know: Who do you call for Consumer Protection?
(An article about a spa in Naples, FL that went out of business with a lot of gift certificates outstanding.)
http://www.naplesnews.com/news/2008/feb/26/know-who-do-you-call-consumer-protection/

 

[Pancakes]

There you go! I just did a google, it was in the first couple links listed.

 

[Timothy K]

I would not send money to him. If he wants a refund have him meet you somewhere to trade the gift certificate for the check. Then you no longer have the outstanding gift certificate.

 

[kirst is back!!]

What a predicament!! First of all, I have several GC's out there over a year old. If any of the holders of these GC's would call for an appt there would be a good chance that they would have to wait 2 months or so for a booking. Especially if they needed evening hours. This has never been a problem, and I always state this when the GC is purchased.
I would never, ever feel obligated to refund the money if they were so hard to reach and to get along with.
Could you possibly set up a time for the massages, like maybe 6-8 weeks after the birth of your baby? If you feel too uncomfortable with that I would DEFINITELY have a colleague give the husband and wife their massages and then pay the colleague back with massages when you can.
If I was near enough to you I would be glad to do that for you!! I personally think that this chump doesn't want the massage and after hearing that you couldn't give a massage for a while decided to harrass you for the refund.
Again, what a learning experience!! I will be putting a notice that my GC's aren't redeemable for a cash refund unless they want it at half the value.!
I wonder if I can legally do that?? Will have to check it out.

 

[The Stubborn One]

I spoke with the man on Friday. He started the conversation out kinda yelling at me telling me he's getting impatient for his money. I informed him that I will be contacting his son who purchased the gift certificates and will work the situation out with him. I told him his son can make the decision of having the other therapist do the massage or I will refund him his money. He got pretty upset about it, and threatened to turn me into the better business bureau. He said it's not right, he has a gift certificate and he wants to schedule a massage and he can't. I said well sir, either I can go through your son to resolve this or I am accepting appointments for December. It's your choice. He said he's getting a lawyer, and that's fine.

I contacted the son, who is in Europe on vacation for 2 weeks. So I'm going to be meeting with him when he returns to discuss the situation.

 

[Rob E]

He's getting a lawyer for a $100 gift certificate? I mean, what is he - nuts? :roll:

Sorry you're dealing with an asshat - hopefully the son is a bit more reasonable.

And I must say, if he can afford a two week vacation to Europe in THIS economy, hopefully he also recognizes you gave a heavy discount for the gift certificate and his dad needs a chill pill.

 

[Sunnyday]

Lesson: Always keep important records in a safe place, and preferably have a backup copy in case something happens to the originals. With digitization technologies, this is cheap and easy, and doesn't take up much space.

Good luck dealing with this situation. You've already received good advice, so I wish you a speedy and painless conclusion to this debacle.