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GoDaddy testimonials : Good idea to sign up for GoDaddy?? Moniker routinely reverts 2 domains transfer on Enom request 5 months after the deal

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Two domains: bought in August, 2009; transferred to Moniker on October, 2009 on assumption of being the safest registrar.

I woke up on January, 8 and both domains were pointing not to my servers. I checked WHOIS, there were the details of the previous /img/avatar6.jpg who I bought the domains from in August. The domains were with Enom. I was shocked. And I'm still is, because it's now January, 11 and the domains are still there.

I checked my Moniker account immediately: there was a transaction: IMPORTANT: I haven't got any emails or other communication from Moniker since October, not on January 6, 7 or even 8 when the domain were gone.

Here is my "exchange" with them. Immediately I wrote an email to Moniker: 10 hours later response from Moniker: They are now referring me to enom to ask about my domains at Moniker and do not privide any details.. Immediately I wrote an email to Enom: 5 Minutes later response from Enom: So basically Enom is saying me: "We asked for domains - and Moniker gave us, but we are not as light and you need a court decision to take domains from us" Immediately I wrote an email to Enom and Moniker: NO RESPONSE FROM ENOM 5 hours later response from Moniker: Well, Moniker - you saw irregularities of 5 months-back transfer, you were forced by enom and now it's all round and clear for you because WHOIS matches what it was 5 months ago. May be you feel safe because I used your privacy protection and you felt like you own those domains and could do anything without any single notice to me?.

I wrote several more angry emails to Moniker since January, 8 but they don't care and don't respond. Here I repeat 4 questions to Moniker which they didn't bothered to answer: why did you act on 3rd-party claims without any single notice or question to me, though a) I'm your customer and we have a contract and b) I paid you for your service in time? why do you claim that "the transfer from eNom to Moniker was not valid", though it was transfer from namealerts to ANOTHER_NOT_RESELLER_REGISTRAR (on August) and from ANOTHER_NOT_RESELLER_REGISTRAR to moniker.com (on October)? why are you referring me to enom, while it's not related to anything here and I have no any connection or contract with enom? enom says that "As records show that the transfer was not authorized by the listed registrant at the time of transfer, Moniker agreed to return the domains as per ICANN transfer dispute policy." What are those records, which made you to agree to return the domains? MONIKER LOST DOMAINS: +2..

Comments (16)

I think you need to get in touch with the person you bought the domains from and get them pushed into your own enomcentral.com account. From there you can transfer them wherever you like...

Comment #1

Nice of Moniker to make a decision without letting you present your side and then transfer the domains without letting you know.

Brad..

Comment #2

It seems like he initiated the whole thing and doesn't return my emails now...

Comment #3

OK. You've been scammed. But I'd like to know how the transfers were initiated if he didn't approve them. This is why I don't like eNom anymore. They shouldn't have transfered the domains in the first place, if they didn't have the approvals. How the heck did the scammer manage that?.

Now. If a couple of domains disappeared from your eNom account, how much help do you think eNom would give you to get them back? Rhetorical.

That's why I'm leaving eNom by the end of this year.

Since you've been scammed. No reason not to post the names and the seller.

Also. Goes to show you should always have the domains pushed to your account at the existing registrar, before transferring out...

Comment #4

So you were last in contact with him before or after this happened?..

Comment #5

Wowsers..... a change of registrar AND so much time since transfer until complaint?!.... I could understand (but by that I certainly do not mean condone) if it was the "usual" other way around, ie the buyer claimed fraud on payment AFTER receiving the domains transferred out to a different registrar (and seems that generally is a tough one to fight for the seller), but a seller claiming fraudulent transfer after months (and being paid, unless was "true" fraud) is a tough one.... hope you get it sorted.

There are moniker reps on the forum if that helps..... good luck. sp..

Comment #6

To be fair. The seller might have taken all this time just to get eNom to ask for the domains back. He might also have waited until no chargeback could be made...

Comment #7

I just don't believe new members. This is a one-sided story. For all we know the domains were indeed stolen and moniker did the right thing by returning them.

January have you considered that the domains you bought may have been stolen?..

Comment #8

I asked him for EPP , initiated transfer and then waited a week. He was with NameAlerts, not even with eNom directly. I hope there are, because I email Moniker every day since January, 8 and do not get replies. I opened ticket initially, but they do not use it: instead they were mailing me directly fromI'm using those addresses. Domains are now with the person who I bought them from. If something is wrong with the domains - I don't even know, because neither Moniker nor eNom explain anything...

Comment #9

I truly doubt that Moniker would just "return" something without justifiable reasoning. However, if accurate, the lack of information regarding the issue/transfer back of domains is not ideal..... leaves buyer (and domain loser) in a bad position. Suppose it would have been ok if they had suspended/locked the domains internally, or sent back to enom and they locked them up pending investigation, but at least made you aware of the issue so you have a chance to challenge the decision.....

But, as labrocca mentions, this is all speculation on a one-sided story... I do find it odd that (you?) transferred the domains twice in that timeframe.

If you are already speaking directly with legal, the reps would likely not be able to assist you any further, so I would continue using that channel (especially at enom now since domain is in their hands) WITHOUT an angry tone to it..... stay polite, cooperative and accurate about the facts/information. good luck, SP..

Comment #10

Firstly, the addage that if one says something enough, regardless of whether it's true, many people will believe it. Moniker isn't the "safest" as the numerous threads both on NP and elsewhere well illustrate; google Moniker customer service - it's an eye opener for many who've bought the "Moniker is safest" nonsense.

With that out of the way, see this thread (link shown below) from last year ... it's practically the exact same scenerio as what you describe - this has happened before with Moniker returning an eNom transferred domain months later. http://www.namepros.com/domain-name-...ker-legal.html.

And below is what I responded with from last year in that thread, which also applies to your situation: http://www.namepros.com/574844-my-do...ml#post3399068 eNom was the previous registrar - thus if there is a transfer dispute, Moniker has an obligation to respond to eNom's inquiry, and furthermore, if circumstances warrant (ie. it's stolen), transfer the domain back.

I'm no fan of Moniker (as a recent reply to another thread illustrates), but on this one, imho, Moniker had little choice other than transferring it back to eNom.

On a related topic, when was the domain, back when it was at eNom, set to expire? ...

Reason for asking is if the expiration date had already passed prior to the registrant complaining to eNom, you may be able to make the argument (likely requiring costly litigation) that the registrant would have no longer owned it anyways; didn't practice due diligence in maintaining their domain name and ensuring their whois information was kept upto date (ie. how come the registrant didn't know their domain was stolen until months later - could it be their whois was wrong?)...

It's a longshot; I recall at least one instance, back in the NSI days, in which a registrant ultimately lost a disputed domain due to not paying the renewal fee while it was in on-hold status during the dispute.

Really rambling on, but in short, the losing registrar eNom (for gTLDs) has the right, if domain ownership / authority for transfer out in question, to request a transferred domain back; the gaining registrar Moniker has an obligation to transfer it back.

And some additional excerpts from a follow-up to last years thread, which may also be helpful: http://www.namepros.com/574844-my-do...ml#post3399272 (response to question from OP regarding why he was seemingly out of the loop):.

Something to keep in mind is that registrars possess domains, NOT registrants. It's the registrars who decide how to handle a disputed transfer. No court order needed.

In the eyes of eNom, you're not their customer, and as weird as it may seem, Moniker may not consider you their customer either, since they've transferred the domain back - in essence, you may have no standing, in the view of the registrars, regarding this matter.

(response to question from OP regarding whom to contact to get satisfaction):.

The seller - ultimately, they are the party you will need to go after in pursuit of the domain, or more realistically, recovering your money.

But sadly, it's highly likely, you will lose your money unless you are sure of the identity of the seller (many scammers are offshore and/or are shadows difficult to trackdown) and that they have some assets to go after - as others have explained already, escrow.com (similar goes for Sedo and Afternic) isn't responsible for the legitimacy of the "merchandise" - escrow merely help ensure that the "buyer" gets the "merchandise" and the "seller" gets paid.

Ron..

Comment #11

Well said Domagon. The OP has no options in this matter than to contact the owner. Calling Moniker is useless since they only complied with eNom's request to transfer the name back. The OP doesn't have any relationship with eNom either over these domains. The only other option is to do a chargeback if it's still possible, but I doubt it still is...

Comment #12

Are you certain that the person you paid and the person who now has the domain are the same person?..

Comment #13

Totally agree. That's very valuable discussion and made me think. Here I agree again. As extensively discussed in the mentioned topic, "anyone can claim that their domain was stolen after selling and Moniker will happily get it back" with no prior notice. It seems that I should direct my questions to eNom, which might have seen the evidence. And continue mailing the seller. That's what Moniker used as justification for their action: "We do see that the whois matches what it was previously at eNom now." (name and address match, true)..

Comment #14

A matching name and address doesn't mean it's the same account. A thief might use the same information in order to hide his theft. You're going to say customer service is the same as safety? C'mon...be real.

Even in your example that's a situation where the domain was stolen. Safety to me means Moniker won't allow a legitimate domain owner get their domain stolen. OP sounds like he may have bought a stolen domain.

Domagon you can use whatever registrar you want but without doubt Moniker is the only place for my portfolio...

Comment #15

This does not mean it was the owner who sold it to you. A theif could have accessed his account, sold it to you and transfered it directly from the owner's account to you.

Where did this sale take place at?.

Do you have emails from before the sale? If so, compare the headers to an email you can get him to respond to now. If they match, that would be evidence that you were dealing with the same individual...

Comment #16


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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