Paid for domain, not transfered, what now ???

[DOM41NS]

Hello. I have a question about how I should proceed. A well respected member of another domain themed forum was offering to sell some domain names. I submitted offers and he accepted 2 of my offers. I paid for the first domain ($400), he e-mailed me the invoice, and then transfered the domain to me within 48 hours. I then paid for the other domain ($750), he sent me the invoice, but has yet to transfer the domain. It has now been exactly 5 weeks since he recieved payment. He has replied with numerous excuses as to why the domain has yet to be transfered. Last week I noticed that the registrant info on the WhoIs database has changed. He has yet to reply to any of my inquiries since I noticed the change in the WhoIs info. He and I are in different states, roughly 18 hours apart (according to Mapquest). What are my legel alternatives now? Are "domain names" handled in Small Claims Court? Even if they are allowed in Small Claims Court, I would have to travel the 18 hours to file in his local court? From researching on the internet, in his state, you have to file where the defendant lives. I also found examples where transactions took place over the internet and people have been allowed to file in their local court, since it was an internet transaction. If anyone can shed some light on how I should proceed or can suggest someone to contact for help, I would greatly appreciate it. Thank you for taking the time to read my thread.

 

[Ronald Regging]

What method of payment did you use?

 

[labrocca]

hmm...

What city does this tool live in? Maybe we can get someone here to file for you if that's even possible.

 

[DOM41NS]

In response to the questions:

He/his company in near Orlando, FL.

I paid half with Western Union and the other half with a company check.

After everything with smoothly with the first payment and transfer of the first domain, I sent the payment for the second domain.

 

[Domagon]

Revealing who the seller is will likely get you faster results than legal action...

You don't need to reveal the seller's name to the whole world per se, but perhaps email it to some mods and/or others who may have contact with the seller - peer pressure can work wonders...

Ron

 

[labrocca]

Unless you signed an NDA I don't see why you can't post the sellers name or the domain name. The first thing you should do is expose this person.

Next you might want to find out what you can about mail fraud. Since you mailed a check and it crossed state lines there might be a federal statute he broke. Scamming people across the country can be a serious offense.

I don't know..if this was me...I would drive down to where I sent the check and pay this person a nice friendly visit along with a gun. Guns are legal to carry in Florida if not concealed. You could then politely ask for the domain as well as expenses for your visit to collect your domain. Remember when carrying your gun to be polite. hehe

 

[Dave_Z]

I paid half with Western Union and the other half with a company check.

I take it the company check's already been encashed since then?

 

[domaingentry]

PM sent.
Thanks.

 

[Ronald Regging]

I don't know..if this was me...I would drive down to where I sent the check and pay this person a nice friendly visit along with a gun. Guns are legal to carry in Florida if not concealed. You could then politely ask for the domain as well as expenses for your visit to collect your domain. Remember when carrying your gun to be polite. hehe

Ahh.. we have a lot in common..

I wouldn't be as direct though. You have to create an ambiance of fear before you make an entrance.

 

[buckshotdots]

Remember when carrying your gun to be polite. hehe

LMAO

I would make his name public as public shame works wonders. Also this post reminds me of this classic thread/public shaming.

http://pirate4x4.com/forum/showthread.php?t=399203

Also if you google his name you get this for urban dictionary-
wenzeled-

1. Defrauded by an Internet seller.
2. Publicly outed as fraudulent person of low character.


-good luck, Gary.

 

[DOM41NS]

In response to questions asked and suggestions given:

Yes, the check as been cashed/deposited by the individual. Below their signature on the back of the check, they look to have written their Bank Account Number. This should prove exactly what account the check was deposited into. I also have a copy of the Western Union receipt and the seller's name & address are listed as the recipient.

The individual also responded to numerous e-mails, stating that he has in fact been "paid in full" for the domain and that it would be transferred immediately. He then came up with reasons why it hasn't been transferred yet. They all blamed the registrar (GoDaddy) for the problems. When I called GoDaddy to inquire about the problems, I was told twice by GoDaddy, that they weren't experiencing any type of problem as I was explained to me.

I haven't posted the seller's name, his company's name, or the domain in question, for 2 reasons. The first was because I didn't even know if it was allowed by this board or by law. Secondly, I haven't because I know that the seller posts on this message board (although I know he posts on another domain themed message board much more regularly) and I'm afraid if he sees his name in this thread, it will ruin the transaction for sure. For now, I have a little hope that the domain will still be transferred. I'm afraid he could see this thread and cut off all contact from me. If this isn’t straightened out soon, I promise to post the seller’s name and a copy of all receipts and e-mails I have received from him.

I thank everyone who has sent me a private message and I promise to respond to all of them. If anyone has any more details on what my legal options are, please contact me. If anyone has details about Small Claims Court or how "domain names" are handled in our legal system, let me know. Once again, I sincerely thank everyone for their time.

 

[Deaol]

LMAO

I would make his name public as public shame works wonders. Also this post reminds me of this classic thread/public shaming.

http://pirate4x4.com/forum/showthread.php?t=399203

Also if you google his name you get this for urban dictionary-
wenzeled-

1. Defrauded by an Internet seller.
2. Publicly outed as fraudulent person of low character.


-good luck, Gary.

Thats hilarious you brought up that thread on pirate... I remember that and had my 2cents about go ol' charlie , wow.. too funny :tu:

 

[Dave_Z]

They all blamed the registrar (GoDaddy) for the problems. When I called GoDaddy to inquire about the problems, I was told twice by GoDaddy, that they weren't experiencing any type of problem as I was explained to me.

Was that because Go Daddy was denying their ability to transfer the domain
name out or something? The more specifics, the better.

OTOH, can't you call the seller?

 

[verbster]

Last week I noticed that the registrant info on the WhoIs database has changed.

GoDaddy's policy is that any change to the contact info results in an automatic 60 day lock on transfers. I think it also applies to pushes, but I'm not 100% on that. This may be the "problem" happening at GD (or it may now belong to someone else). Is any of the contact info still the seller's info?

 

[Alex]

It does not apply to pushes.

GoDaddy's policy is that any change to the contact info results in an automatic 60 day lock on transfers. I think it also applies to pushes, but I'm not 100% on that. This may be the "problem" happening at GD (or it may now belong to someone else). Is any of the contact info still the seller's info?

Regarding the transaction, I would suggest to give him a phone call in which you remind him friendly about the consequences he may have if he does not complete the transaction.

As I understood the whois info recently changed so maybe it is time to take action fast.

Regarding revealing his identity, I understand your motivation, but you would also serve the community by posting his name. At least PM a moderator so that they may be aware of his practices.

 

[dotstate.com]

I feel sorry for you,I think you should name and shame this person and reveal thier identity so we all be aware.

I hate to deal with cheating person/companies.

Good luck to you.

DS

 

[DOM41NS]

To answer some more questions:

The name has been registered with GoDaddy for years, so the 60 day hold that some registrars impose isn't why this domain hasn't been transferred. He has told me that he has initiated transfer of the domain to me on 3 separate occasions. I either had to call him on the phone or e-mail him and let him know that I never received the transferred e-mail from GoDaddy. After the third time, he said he would call GoDaddy himself to find out what was wrong. This is what he e-mailed me the next day:

"So here is the deal with the domain transfer. Someone was spamming from GoDaddy's server to all AOL recipients, so AOL has blocked all emails from secureserver.net (GoDaddy.com). I gave them your email to reinitiate the change again and they will get it through."

My e-mail address is an AOL e-mail address, so I added a G-Mail e-mail address to my account and told him to use to for the transfer. Since there had been reason to not believe him in the past, I believed him. I waited 2 days and called GoDaddy for myself. The GoDaddy rep that I spoke with had no idea what I was talking about. He said if that were true and they couldn't contact anyone with an AOL e-mail address, then that would mean that they couldn't contact roughly a quarter of their customers. He said that if the seller had called in, they could initiate the transfer over the phone, but that there was no record of this particular domain being transferred to me. The days later, after being reassured by the seller that he had called GoDaddy, I called GoDaddy for the second time. I got roughly the same response. No transfer had been placed for this domain to my account.

It was this time that I saw the WhoIs info had been changed to a person. The WhoIs info is now for a person not even in the same state as the seller. After realizing that the WhoIs info had changed, I have tried e-mailing and calling the seller numerous times. I have yet to get a single e-mail response to any response to the numerous messages that I have left via telephone.

I've also stated posting on some Law forums trying to find answers. I have also setup an appointment with our company's lawyer to speak with him on Tuesday of next week. Thanks again and any suggestions would be greatly appreciated.

 

[evertonian7uk]

mate,

i hate to say it, but since you said he's a member here, its time to post his name, or at least let the mods know, others could be "scammed" by this guy so the quicker you let us know who he is, the better for this community,

telling us his name will make no difference at this stage, why? because you already paid for the domain and you dont have it yet, after 5 weeks, you think its going to change now?

let us know who he is so we can all help you out.

 

[labrocca]

Secondly, I haven't because I know that the seller posts on this message board (although I know he posts on another domain themed message board much more regularly) and I'm afraid if he sees his name in this thread, it will ruin the transaction for sure.

Admit you have no experience in this and listen to us...expose this guy. You would be suprised how quick his name will be passed around and shamed into doing the right thing. We are a community and imho you aren't helping to be part of it by keeping a scammers identity hidden. He could at this very moment be ripping other people off with a similar deal. The only forum I know doesn't allow public exposure of scammers is DP which is why I don't participate there (got temp banned for giving neg reps to staff).

I suggest you offer up details asap if you really want assistance. You are never breaking the law by telling a truthful statement about someone.

 

[Erdy]

If this issue will not be solved then it is only because you haven't come here on time to tell sellers name.

If it was me I would post sellers name on day 3 on both DNF and namepros. If I pay for a domain I expect the domain to be pushed the same day or the day after. Even two days could be OK, but longer than that, the alarm bells should start ringing.

You are doing all the wrong things so far. You have waited too long to come here and now you are protecting a scammer.