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As far as I’m concerned he owes me $5000, but judging by the attitude shown towards this company I think there is zero percent chance of getting that.
Was the payment was made to a company which you now own or an individual the previous owner?
Which program are we talking about? If the seller doesnt want to take responsibility I say tar and feather them ie spill the beans as to who they are they dont sound like a very ethical person and we all should be warned about their dirty antics!
The payment was made to a neteller account, I don’t think that counts as the company but could be wrong.
The group that overpaid are ongame who own pokerroom and are now known as bwin.
I’ll give him a chance to explain it first…
The payment was made to a neteller account, I don’t think that counts as the company but could be wrong.
As far as I know, Neteller does not let register accounts under companies’ names. At least, I have tried and was refused to do so. So it must have been just a private deal between two people. I also assume, there has been no written contract between the parties. It was just a sale of SOME assets (whatever- company’s, or personal, does not matter). The assets that you purchased did not carry any liabilities, the affiliate account did. The affiliate account’s owner has been carrying the liability of the double payment, not you. He prefered not to sell the account to you, thus he stayed with the account and all account’s assets and liabilities. As an affiliate account owner you can change the names of the web sites associated with your accounts at your will (even daily!) by just typing new names into the “personal details” folder. I am not a lawyer, but from my point of view it is the affiliate account owner’s problem, not yours.
Good point, thanks.
However the fact remains that I was promised a $5000 deal by the seller from this very company which was the only reason I bought the site..sneaky2.gi
He owes me $5000, not to mention the fact that he has damaged the reputation of the site. If he wouldn’t pay an international company I fear it would be difficult for me to try and extract this from him.
owldeath2 the problem is between the person who sent the payment and the person who receive it. Think about thousands of domains/sites sold at various auctions or expired.
….
don’t buy deals any more
:tooconfusconfess I have been overpaid on occasions as I’m sure many here have and it seems to slip my mind to contact the company about it if they don’t notice.. If they do that is a different story of course.
A small overpayment could slip someone’s mind, but $5000 wouldn’t. Sounds like a shady character that sold that site to you. And did well for themself to get $5k twice then sell off and disappear.
The company should have had better bookkeepers handling their payments and not made the double payment in the first place. Why should you have to pay for their error? I think they need to collect it from the Neteller account holder they paid or chalk it up to a good lesson learned about accuracy in handling their money.
Sorry to hear you have such a mess.
It should be clear to Neteller that a double payment was made in error if the company complains to them, perhaps they can help in this situation.
Yes, it is strange that Neteller, quite often being even too careful about money transfers, in this case just let it go without noticing. They recently phoned me enquiring about a transfer of $250 that I was supposed to get, clarifying the reason for the payment and asking me all little details of the deal I had been paid for.
As to the $5,000 media deal you were promised by the same company, I think you can just forget about it and move forward. I hope that at least the site you purchased has a good potential and you will get your money back sooner or later.Here’s my take .. and it’s good news for you.
WHO OWES WHO?
The payment issue is between the company and the previous owner of the site. They paid him $5,000 too much by double paying.Buying an item, a piece of software, a computer, a server, a domain name, or even a website in no way transfers the previous individuals liability to you.
Websites do not make or receive payments – individuals do – and I suspect this company knows it and is either trying it on – or suspects you may be in cahoots with the original person.
I’d suggest getting in contact with them and making it abundantly clear about your position.
—
(a caveat)
Now if you bought the company that owns the website (and all it’s assets and liabilities) then you would be liable.
However you could probably sue the seller for incorrect disclosure of a true position – but you would be liable for the newly acquired company debts.
IS NETELLER TO BLAME ?
No.I don’t think it’s Neteller’s responsibility to check for double payments either. If you write out two checks, or make two deposits then you canot blame the service provider.
This issue is between the company and the previous individual.
WHAT ABOUT THAT $10,000 HOLE
As for the incorrect statement about the media buy – do you have a contract specifiying that this media buy credit is there as part of the purchase price?Or did you simply do this transaction after a few emails and relying on his good character …
:devil:(oops)
If you do have a written and signed contract then you could sue for false declaration – although I imagine that the costs far outweigh the benefit.
Hi,
I’m not sure especially when it comes to international situations but I’m thinking that here in the US if a mistake is made it is on the one who made the mistake.
Even if the above is wrong … I think (certainly morally) and likely legally that any problem such as mentioned here you simply follow the money.
To whom was the money paid?
If you received either both payments or just one … then its to your credit (morally) if not benefit (legally) to simply pay back the $5k. Or if you received both payments then payback one since they actually owed the other.
though it hasn’t always served me well … I’ve always taken the stand of what I considered to be right. it seldom works against you to be morally right though as I’ve found out the hard way that isn’t 100% full-proof from a legal standpoint. Despite that fact I sleep well at night … or whenever it is I choose to sleep and that is a lot IMHO.
since its an issue crossing country boundries I suspect its going to be hard thing for the over-payer to hold anyone … especially anyone not having received the extra payment …. as being legally accountable.
though probably not worth it … there’s my 2 cents.
In the UK overpayments must be paid back legally, probably varies from country to country as you say.
There was no contract as such except the confidentiality contract which I am considering breaking, pending legal advice er.. not that I actually have a lawyer but advice here would be welcome on this matter!
So the $5000 buy promise I believed on good faith, more fool me eh. I am very happy with the site in any case, maybe I can even find another company to match the buy, not sure Ongame will want to do business with the site again!
I just received an email from the company which was not difficult to reply to: Basically they asked if I bought the whole company or just the domain, i.e. ‘should we sue you or not?’ To which I replied ‘no thanks’, it was just a domain transfer, he kept all the aff accounts and stuff.
he kept all the aff accounts and stuff
that should be enough to merit their attention somewhere else if they are at all concerned with what’s right and not simply causing you trouble for having been duped by the same party that took advantage of them.
Oh great, the pagerank is predicted to drop two places as well, :angry:
Two whole places? How did it get up there in the first place? Is there anything I can do to prevent it?
Total scam.
