Stolen Domain!!! Need Help!

[Premium]

Hello Everyone,

As all of you know I recently bought ***.com from the user "smullen" at namepros.

I just checked my account today and the domain isn't in my account anymore. I don't know how the hell this can happen but I need major help on recovering it!!!

The new whois is:
Administrative Contact:
SAGHT
Network Administrator ([email protected])
+61.0734115039
Fax: +61.0734115039
30 Loch St
West End, QLD 4101
AU

The domain is at ENOM, how do I go about recovering my domain I bought!!
Do they have a number, what will I need to provide? I received no email that the domain was pushed to another user...

Please help me people, I need to get to the bottom of this and get my domain back...

-Jarrod

 

[equity78]

Badger I have put together a service calle dNP PROTECT RJ and I have gone over it but to be an escrow service you must be a licensed escrow service without that it means nothing and RJ has to decide to open Himself up to liabilty in that case too. NP Protect can work as a very efficient system from an ethical standpoint though.

It is interesting BETTER you just joined here and this is the first thread you involved in. You sound like a friend maybe your not but you sound related to Mullen IMO

 

[originalclips]

interesting leg work i see you joined like 5 days ago, your first post was on the 5th of Jan, but you seem to know alot about this transaction that happened in Dec/ with no trader rating and one of our newest member defending him like you are interesting ??

Maybe it's because i actually bother to read all posts and look at both threads! I didn't join for this thread lol, i joined mainly to ask people what they thought of sci-fi.net and i came across this thread last night And took an interest in it because of the title and so many other people were watching the thread!

 

[Badger]

Badger, you don't know if it has anything to do with the $2 or not, you are only speculating as is everyone else in this forum which does include RJ too! the only one who really knows why he did it is the seller, maybe instead of everyone being so nasty to him you should all ask him politely!

Yes, lets all be a bit nicer to him then maybe he hand over the domain. Maybe thats the reason he renaged upon the deal, not because the buyer fell short in paying him $1700 instead of $1702 but because everyone is being so nasty about him in this thread... Thats it! you cracked it OC... It most definately wouldnt have anything to do with the fact that he was informed post sale that he'd sold too cheaply. No, its definately the $2 shortfall...

perhaps you too should read the comments after premium paid him : http://www.namepros.com/showpost.php?p=991234&postcount=36 this is the comments on the actual sale thread.

I dont think there is anyone left in the English speaking world who hasnt seen the thread so take it that perhaps this and perhaps that is withstanding. The thread reads of disgruntled bidders telling the seller that he'd sold way too cheaply and him spouting that he was $2 short in a $1700 transaction, come on....

Premium is no noob to the domain business, i seen him alot on DNF! he should have taken care properly, maybe he should check things far more carefully next time he trades, like pay the correct amount and check your paypal if you have refunds or not. Smullen did remind all that he was short changed, just look at this post before the thread was closed! he even looks very angry at being short changed too! [ http://www.namepros.com/showpost.php?p=990989&postcount=32 ] . I am not one sided here, i understand premium's case but everyone else seems to be against smullen forgetting the fact that premium is wrong too!

Premium needs to be more careful?? Yeah, like he had anyway of avoiding being scammed.. It would have happened to you or I..! Surely, now hear me out on this, if you sold something for $1,000,000 and the buyer only paid you $999,999 would you:

A, Ignore it, being a miniscule amount relative to the total sale?
B, Contact the buyer and inform him about the shortfall?
C, Dont contact the buyer, repay the money and reclaim your goods?

Come on man, you cant be serious about option C being realistic on face value unless there were an ulterior motive? You definately cant be serious to say that Premium has done anything wrong?

Premium cant be at fault for simply underpaying by a nominal amount and not being given the opportunity to put right... Period..

 

[harpo]

"wow first step in our door and you come out fighting'
Since your new here , honor is held in high regard at this place , there are many domainers here who regard this more than money and active users who have been here a while know who everyone is , this community is built partly on trust and admiration ...

 

[maroulis]

as part of DNOA as well as greater collaboration across DN-related forums we'll be discussing w/-RJ- and other forum owners on what can be done.. On many instances I've read something on DNF or here and add to my forum and alerted others. We need to employe some central mechanism to avoid scams and since ICANN or registrars are not doing anything about it maybe it should be up to us...

What has happened here is an example of "unethical" way of doing business, but I guess we should all be aware of this since certain individuals are far more greedier than others..

Setting up escrow will require $$$$$$ and like already pointed out a lot of liabilities, a simpler more effective system in principle similar to those used by banks for credit check would make sense. Think of it as a negative reputation register which would be feeding off DN related forums...

back to the original thread topic - Mullen IS at fault here, he sold TNQ.com for $1702 the suddently has buyers remorse and offers to sell it to me for $12,000 after I made him an $8,000 offer this morning!!!

lesson learnt for everybody, let's move on...

 

[originalclips]

Premium needs to be more careful?? Yeah, like he had anyway of avoiding being scammed.. It would have happened to you or I..! Surely, now hear me out on this, if you sold something for $1,000,000 and the buyer only paid you $999,999 would you:

A, Ignore it, being a miniscule amount relative to the total sale?
B, Contact the buyer and inform him about the shortfall?
C, Dont contact the buyer, repay the money and reclaim your goods?

i am not saying smullen is morally right, but he has all 3 choices open to him, he can do as he wishes without it being any of our business! He should have told premium directly he was short changed which i think in a way he did tell the community in this thread http://www.namepros.com/showpost.php?p=990989&postcount=32 . Let me tell you a story, i bought a mobile phone from dialaphone, they charged me LESS for the mobile than it was worth, (it was their mistake and not mine) after a month i got a letter to send the phone back or legal action will be taken to recover the phone, i sent it back. This was bad business practice by the phone company but they had every right to recover their position because they had refunded my credit card and even sent me a prepaid envelope to give the phone back.

if you sold something for $1,000,000 and the buyer only paid you $999,999

If i sold something for $1 million and there were 2 bidders, one bidding $999,999.50 and the other bidding $1,000,000 and the highest bidder paid me $999,999 in short terms i wouldn't be happy at all, it's not the money, it's the fact that he paid less than the previous bidder too!

 

[Badger]

i am not saying smullen is morally right, but he has all 3 choices open to him, he can do as he wishes without it being any of our business!

Wrong..

As others have mentioned, this is a community..

Sale took place in our community, both buyer and seller are members of our community, buyer has chosen to ask the community for assistance. This makes it our business and places it in the public domain.

Both buyer and seller have been given opportunity to state their cases and the overwhelming support, it appears, is for the buyer.

Im sure the seller knows he has done wrong, to state that his action are as a result of being short changed by $2, im sure he knows, cuts no ice and anyone who believes this reason to be valid, in all due respect, cant have done a lot of business in their lives..

Let me tell you a story, i bought a mobile phone from dialaphone, they charged me LESS for the mobile than it was worth, (it was their mistake and not mine) after a month i got a letter to send the phone back or legal action will be taken to recover the phone, i sent it back. This was bad business practice by the phone company but they had every right to recover their position because they had refunded my credit card and even sent me a prepaid envelope to give the phone back.

I dont see the relevance..

However, did the mobile phone people come round your house when you were out and took the mobile phone without informing you?

And they sold you a phone for less than it was worth and threatened to take you to court, Ive never heard so much BS since the googleemail thread.. :lol:

Ah still gives me a chuckle. http://www.namepros.com/showthread.php?t=41773&highlight=googleemail

 

[originalclips]

Wrong..

As others have mentioned, this is a community..

Sale took place in our community, both buyer and seller are members of our community, buyer has chosen to ask the community for assistance. This makes it our business and places it in the public domain.

Both buyer and seller have been given opportunity to state their cases and the overwhelming support, it appears, is for the buyer.

Im sure the seller knows he has done wrong, to state that his action are as a result of being short changed by $2, im sure he knows, cuts no ice and anyone who believes this reason to be valid, in all due respect, cant have done a lot of business in their lives..



I dont see the relevance..

However, did the mobile phone people come round your house when you were out and took the mobile phone without informing you?

And they sold you a phone for less than it was worth and threatened to take you to court, Ive never heard so much BS since the googleemail thread.. :lol:

Ah still gives me a chuckle. http://www.namepros.com/showthread.php?t=41773&highlight=googleemail

I guess this is what makes this board different to DNF, DNF is a place where sales are taken professionally and dealt with like a business where as this is just as you put it a community!

And they sold you a phone for less than it was worth and threatened to take you to court, Ive never heard so much BS since the googleemail thread.. :lol:

You already made a judgement about me and my case without even knowing the facts, doesn't sound like anything new coming from you tbh! already jumping to conclusions without knowing the facts, you sound so sure it's not about the $2, but in rreality you really don't know, and FYI in the UK we have something called a debt collector, a company can take back their product via a debt collector.

 

[Ray]

how would he have acess to steal tje domain tho?

 

[Badger]

I guess this is what makes this board different to DNF, DNF is a place where sales are taken professionally and dealt with like a business where as this is just as you put it a community!

Well, might i make a suggestion for you then.......

You already made a judgement about me and my case without even knowing the facts, doesn't sound like anything new coming from you tbh! already jumping to conclusions without knowing the facts, you sound so sure it's not about the $2, but in rreality you really don't know, and FYI in the UK we have something called a debt collector, a company can take back their product via a debt collector.

:lol: :lol:

Well, FYI IM IN THE UK..

What a laugh, you speak without knowledge in a such way that makes you look more and more naive the more you post.

Lets talk in terms of facts. UK law wise (seeing as though you are such an expert).

1. Debt collectors cannot act on behalf of a thrid party and take back products without first receiving an order from the court to do so. FACT.
2. If a shop advertised a product for a price (be it what you will) and you bought that product for the advertised price, there is no court in the UK that would uphold their claim... What would they take you to court for exactly?? You claim this happened, what then are the circumstances?? Contract law = offer, acceptance and consideration. They offer at a price, you accept that price, you pay them the consideration.. End of!
3. If we take it as read that 1 cannot happen without 2, when exactly were the debt collectors gonna come round to take back your phone??

:lol: You so funny OC, stick around you liven this place up...

 

[equity78]

It was not stolen you have a week to reverse a push I guess since he refunded the money he could do this obvioulsy most here don't agree.

OC you are right this is not DNF if that's what your looking for you will not be happy here IMO

 

[originalclips]

Well, might i make a suggestion for you then.......



:lol: :lol:

Well, FYI IM IN THE UK..

What a laugh, you speak without knowledge in a such way that makes you look more and more naive the more you post.

Lets talk in terms of facts. UK law wise (seeing as though you are such an expert).

1. Debt collectors cannot act on behalf of a thrid party and take back products without first receiving an order from the court to do so. FACT.
2. If a shop advertised a product for a price (be it what you will) and you bought that product for the advertised price, there is no court in the UK that would uphold their claim... What would they take you to court for exactly?? You claim this happened, what then are the circumstances?? Contract law = offer, acceptance and consideration. They offer at a price, you accept that price, you pay them the consideration.. End of!
3. If we take it as read that 1 cannot happen without 2, when exactly were the debt collectors gonna come round to take back your phone??

:lol: You so funny OC, stick around you liven this place up...

You misunderstood the entire situation, the phone was a contract phone say for £20 per month, they charged me £2 per month, it was their mistake but they had the right to recover the phone. If a you cash a check in the bank for £5,000 and the bank gives you £50,000 does the bank not have the right to recover their money? I never pretended to know much about law, but i sure know the basics.

Going back to topic, Smullen had the right to recover his domain after refunding premium. That's all i have to say about this here, there is no legal contract obliging smullen to hand over the domain, it's only his conscience and if he feels he doesn't have to, well he doesn't have to!

Btw, badger attacking someone's credibility in a thread to make them look bad by using words like BS etc. is wrong, just shows you are simply incapable to prove your point without having to resort to such methods and you achieve nothing but to look childish by doing that!

 

[MCDomains]

how would he have acess to steal tje domain tho?

He withdrew the push from eNom before the 7 day period was up. He didn't have to do anything special or hack anyones account.

 

[Badger]

You misunderstood the entire situation, the phone was a contract phone say for £20 per month, they charged me £2 per month, it was their mistake but they had the right to recover the phone. If a you cash a check in the bank for £5,000 and the bank gives you £50,000 does the bank not have the right to recover their money? I never pretended to know much about law, but i sure know the basics.

Well, im only going on what you say.. You bought a phone in good faith and the company charged £2 instead of the £20 they should have as "it was worth more". Then within 1 month they threatened you with court action..

Sounds plausible... :lol:

Going back to topic, Smullen had the right to recover his domain after refunding premium.

legally speaking, no he didnt!

That's all i have to say about this here, there is no legal contract obliging smullen to hand over the domain, well he doesn't have to!

YES THERE IS. A contract exists between the parties and legally speaking the seller is in breach of the contract.

Whether that contract is realistically enforceable or not is another matter

 

[mole]

I always thought a seller will push over, or transfer, a name over to a buyer if they agree to a deal. This is an explicit and deliberated show of acceptance for the transaction, I would have thought.

It may have been a bad mistake to do this; seller's remorse, a change of mind, a sudden realization, whatever. But a deal is a deal, and transactions close when consideration is given by BOTH parties, and the final act of handing over the name is activated.

To extract a name from another's account without due notice and mutual agreement is tantamount to theft. Can you imagine the chaos and mistrust this will cause if all sellers did this reversing of pushes for arbitrary reasons or cock-and-bull stories they invent, or sellers remorse?

I think that Mullen deserves to be banned, because its sending some pretty weird karma to all of us that business deals are mickey mouse on this forum, just 'caveat emptor' and may you fend for yourself....

 

[armstrong]

Simple seller's remorse. No doubt about it.

He withdrew the push from eNom before the 7 day period was up. He didn't have to do anything special or hack anyones account.

I've been with enom a while, but this part is new to me. How is this done, exactly? Do you just click a button within the enom interface? Or do you need to contact enom support for assistance?

If in fact you need enom assistance to do this, it would be interesting to know what justification was used. What did smullen tell enom?

Premium, what kind of enom account do you have - reseller or retail? Have you had it for a while.

 

[America First]

That's because you are a clown for doing that, if RJ saw fit he would have deleted it, you didn't trade with him which gives you no right to give him a trade feedback! Tbh he should have left you a negative one too fir giving him a negative feedback. Stop being so childish.



Badger, you don't know if it has anything to do with the $2 or not, you are only speculating as is everyone else in this forum which does include RJ too! the only one who really knows why he did it is the seller, maybe instead of everyone being so nasty to him you should all ask him politely!

perhaps you too should read the comments after premium paid him : http://www.namepros.com/showpost.php?p=991234&postcount=36 this is the comments on the actual sale thread.

Premium is no noob to the domain business, i seen him alot on DNF! he should have taken care properly, maybe he should check things far more carefully next time he trades, like pay the correct amount and check your paypal if you have refunds or not. Smullen did remind all that he was short changed, just look at this post before the thread was closed! he even looks very angry at being short changed too! [ http://www.namepros.com/showpost.php?p=990989&postcount=32 ] . I am not one sided here, i understand premium's case but everyone else seems to be against smullen forgetting the fact that premium is wrong too!



I am not his friend, but with your attitude i wouldn't ever dream of trading with you in the first place.

Nice, with my attitude??? You think your Matlock? Look you go on defending him and His actions as if you feel this is ok. If you think that im worried about you not trading with me,selling to me, or buying from me will affect me you are very safe. We are ready have made a deal and you don`t even see it.

You go on and on and on its funny because your affecting your standing here on NP, and since your this stand up guy why didn`t you contact that phone company and tell them they were charging you the lower amount and that you wanted to do the right thing and pay the owed amount? Who was scamming? Now i understand you more.... You must see it like, If i can get away with it then great, but when i get caught its everyones falt but mine..
Im seeing a pattern,

Badger, you don't know if it has anything to do with the $2 or not, you are only speculating as is everyone else in this forum which does include RJ too! the only one who really knows why he did it is the seller, maybe instead of everyone being so nasty to him you should all ask him politely!.

Yes lets be nice, Hey SMULLEN will you please do the right thing?
There i asked POLITELY.

I guess this is what makes this board different to DNF, DNF is a place where sales are taken professionally and dealt with like a business where as this is just as you put it a community!

Well your RIGHT "IT ANT DNF" why did you ever leave there?.. remember the good old days,, ahhhhhh!
I guess we are not "PROFESSIONALS" here, now whos making judgement?

Nice job, welcome to NP.

 

[holeinone]

Wow ...The Arguments Are getting outta Hand...These are Not Solving the Problem ...and Leading Nowhere....Solutions people...Solutions...Thats what premium Needs ...Not Cowboys Settling their Old scores On his thread....

 

[KingDon]

There are always ways to do things that shouldn't be done using PayPal. Had this been done through Escrow.com, we would be reading a thread asking the question "Did I sell it for too little".

This thread helps those who trade here by identifying the thought processes of some of our members. One day may find yourself wanting to deal with someone in this thread, so read the thread, and make your list!

I sleep very well at night knowing my transactions go through Escrow and not PayPal. PayPal is good for deals around $2-$500, anything after that I use Escrow, and the buy pays the fee (unless it’s a whopper of a sale, then I’ll bend my rules).

 

[Morph]

I haven't wanted to participate in this thread until now, its getting out of hand and i advise you F.L.U.M.P™
Also, my support goes to premium, this is a joke of a seller. .
Premium, ever need any help with anything feel free to give me a buzz.

 

[deet]

No update from Premium ?

I wonder who would now buy this name on NP's or dnf for that matter ?

well, after all this why would anybody want to ? :imho:

 

[Premium]

Premium, what kind of enom account do you have - reseller or retail? Have you had it for a while.

Retail I believe. I've never heard of this 7 day rule either... Does anybody know if ENOM's offices are open right now? I'm yet to hear a response from them.

Smullen, why are you causing all of this when it can be fixed in a heartbeat?

-Jarrod

 

[MCDomains]

Smullen, why are you causing all of this when it can be fixed in a heartbeat?

-Jarrod

I don't think you'll ever see TNQ.com again unless it goes to legal action. Why would he give it up for $1,702 after all this crap? I don't think he cares about his rep @ domain forums. He is trying to get over the offer made of $8K from another NP'er!

 

[Premium]

All I want right now is a solution to come out of this.

 

[MCDomains]

All I want right now is a solution to come out of this.

What's the solution? I can't see it changing from where it's at now unfortunately. He has his domain back and you have 100% of your money back.

It's a shame, it should be yours, but I bet eNom will say he has the right to change his mind since they have a 7-day period I guess (from what another NP'er said). BUT - That makes no sense since what if he never refunded you (in theory) and just got his domain? Your last hope is eNom! Hopefully they finally PICK UP THE PHONE.