Problem with GoDaddy / TDNAM - please post here in order to help me

[Gregoire]

Hello guys,

I need your help today.

I've won mcclimans.com at TDNAM and it has been moved to my account, which means I'm now the registrant of the domain name.

But GoDaddy is willing to cancel the whole transaction and to take the domain name back from my account (which is totally different from refunding me before the name is in my account).


Here is GoDaddy's email :

Dear Mr. Martel,

We have attempted to contact you by phone at the number listed in your account but were unable to connect.
You were the winner of a TDNAM auction for McClimans.com. However, the original owner of the domain has opted to redeem the domain instead. Therefore, we will be refunding your purchase price and returning the domain to the original owner.
The TDNAM agreement states that the original owner has first rights to the domain and they have exercised that right.
We apologize for any inconvenience. Should you wish to discuss this further, you may contact us at the number below.

Please let us know if we can help you in any other way.

Kindest regards,

Laurie Anderson
Office of the President
[email protected]
GoDaddy.com
14455 N. Hayden Rd. Suite 226
Scottsdale, AZ 85260
(480) 505-8828 Phone
(480) 275-3975 Fax

[end of their email]

It's true that my phone number has changed last week (I can prove it). But is it a reason to steal me a name I have won / paid for / have under control !


Here is the whois :

Registrant:
Gregoire ******
10, Rue *** ****
***************
France

Registered through: GoDaddy.com
Domain Name: MCCLIMANS.COM
Created on: 03-May-97
Expires on: 04-May-08
Last Updated on: 19-Jul-05

Domain servers in listed order:
NS1.SEDOPARKING.COM
NS2.SEDOPARKING.COM

[end of the whois information]

It seems that they've already changed the whois info at GoDaddy, but you can see the old whois at networksolutions.com for instance.

Fortunately, whois.sc has also recorded the whois that shows my information (you can find that using whois history if you have a membership there)

I've been trying to call GoDaddy for 16 minutes now (I live in France...) and I'm still waiting for someone to answer.

I would like forum members to post here in order to confirm that I'm the "real" registrant of mcclimans.com

If you agree with me and think that what they are doing is not fair, post here please.

Thanks for your time, Grégoire.

 

[nbebout]

While I don't per se agree with what they are doing, you should have read the agreement which says IIRC that the original owner had 60 or so days to pay for the domain and get it back. The way it seems, your phone number has no bearing on the owner doing that, they were just goign to call you to inform you that your domain was being given back to the previous owner, and since your phone number was not updated, they emailed you instead.

The way it seems to me, they would not have done anything differently had they been able to call you.

 

[Gregoire]

While I don't per se agree with what they are doing, you should have read the agreement which says IIRC that the original owner had 60 or so days to pay for the domain and get it back. The way it seems, your phone number has no bearing on the owner doing that, they were just goign to call you to inform you that your domain was being given back to the previous owner, and since your phone number was not updated, they emailed you instead.

The way it seems to me, they would not have done anything differently had they been able to call you.

Hi nbebout,

Thanks for answering.

Here is what is written in "the Domain Name Aftermarket Membership Agreement" :

Go Daddy Expired Domains (Premier Auctions)

From time to time Go Daddy may list domain names which have entered into an expiration period for their original registration ("Expired Domains"). Expired Domains will be clearly marked on the site. These Expired Domains may be listed on the Site on the date of their expiration, however, no sale will be final until forty three (43) days after the date of expiration. During this forty three (43) day expiration period the original registrant has the right to reclaim the Expired Domain. By bidding on the Expired Domain, Buyer acknowledges and agrees that if Buyer has the winning bid, the transfer of the Expired Domain will not be completed until after the expiration period is complete. Buyer further acknowledges and agrees that Go Daddy shall not be obligated to offer a third party escrow service to facilitate transactions involving Expired Domains. If the Expired Domain is reclaimed by the original registrant, Go Daddy will refund the full purchase price. Buyer acknowledges that Expired Domains must be renewed upon purchase. A one year renewal fee will be added to the purchase price for each Expired Domain purchased. The successful bid amount plus the one year renewal fee will be charged to the Payment Method we have on file upon closing of the listing.

Transfer of Ownership

Go Daddy does not own all of the Domain Names listed on the Site and cannot guarantee immediate transfer. For Domain Names Go Daddy does own that are purchased in a Buy Now format, transfer of ownership will begin upon completion of the check out procedure. For Domain Names Go Daddy owns but designates as Expired Domains and list using the Auction format, transfer of ownership will not be completed until forty three (43) days after the original date of expiration (approximately nine (9) days after the close of the Auction). For all transactions, payment is due within five (5) days from the close of the listing.


What I understand is that there has been "Transfer of Ownership" and that "the sale was final" since I had the name in my account. And that a refund is only possible before the sale is final and the ownership transfered.

I can add that I've had the case of names that were renewed during the 43 days period and of course I had to accept it since it is exactly what is stated in the legal agreement. But I think that mcclimans.com case is different.

Moreover, after a 25 minutes wait, I've been able to talk with Laurie Anderson. She confirmed what was stated in the email.

And, at the moment I'm writing this post : domain name is no longer in my account.

Grégoire.

 

[octobus]

It seems that if the old owner has enough energy to pursue after their lost domain, Godaddy will submit to their demands. Godaddy first makes you to commit hard money for 45 days. Even if you recieve the domain, you still can't be sure if the domain is truly yours.


I'm not going touch expired tdnam auctions with a stick from now on.

 

[dotNetKing]

I thought that the domains were only put in your account when the (fake?) redemption period had expired, which would prevent such problems occurring.

If Godaddy are taking back a name that has been put into your account (as seems to be the case), it does look like the previous owner has persuaded godaddy to return the domain to them after the (fake?) redemption period was over. I think this is very bad practice.

They obviously shouldn't "give" you the domain until whatever period they designate for redeeming has actually expired.

If the domain had gone into a real (registry-type) redemption period, there would of course be no way the domain could be returned to the previous owner once the domain hits pending delete.

 

[manueld64]

yeah it looks like the original registrant decided to pull the domain out of redemption by paying the 80 dollar redemption fee. they can do that from 40 to 70 days after expiration date

 

[Gregoire]

yeah it looks like the original registrant decided to pull the domain out of redemption by paying the 80 dollar redemption fee. they can do that from 40 to 70 days after expiration date

They can do that until the ownership is transferred. That's what I understand when I read the legal agreement.

In this case, transaction was completed AND name was in my account.

I've even been able to renew the name twice and as a result to add 2 years of registration (I've the invoices etc, I can prove it).


And then, they removed it from my account (even if that was a few days after the transfer of ownership).

This means : no domain from tdnam is securely yours. If the former owner wants it back, even when you OWN the name, you can receive an email from the Office of the President informing you that they'll "legally" (thats what they say in the email) take the name from you, with no compensation.

Grégoire.

 

[dotNetKing]

Have they given you any explaination of their basis of taking the domain from you AFTER ownership was transferred to you.

Their actions seem incorrect.

It looks like you have probably challenged them on this already, but they didn't give a really convincing explaination.

If they are going to act in this way, it raises serious questions for those of us who are acquiring these names from godadd.com and maybe we should consider writing to them as a community?

 

[gemsergio]

This always happens especially with good domain names at godaddy I won a nice domain for high xxx,00 but after 22 days that the auction closed the owner renewd his domain.
This has happened to me over and over in the last month.
I decided to just drop Tdnam for good.
I had stucked quite a bit of funds and most of the good names went back to the owner that sucks.

 

[JEsports]

On the selling side ... if any domain is sold over $500 ... then it goes to Escrow.com in which tdnam feels it is no longer in there hands. I am now in process of trying to get a domain "relisted" (with the lost time paid for added back onto the name) in which the "buyer" never paid for after 60 days of waiting. They need to implement some process of following through with there transactions, even with escrow, and penalizing the fake buyers.

 

[Gregoire]

This always happens especially with good domain names at godaddy I won a nice domain for high xxx,00 but after 22 days that the auction closed the owner renewd his domain.
This has happened to me over and over in the last month.
I decided to just drop Tdnam for good.
I had stucked quite a bit of funds and most of the good names went back to the owner that sucks.

I don't think you did understand what was going on in my case.

Here is the email I received on July 15th.

***********************************************************
YOUR TRANSACTION IS COMPLETE
***********************************************************

---------------------------------
Customer Number: ********
---------------------------------


Dear Gregoire ******,

This message is to inform you that the transaction for MCCLIMANS.COM is now complete.

Thank you for purchasing your domain(s) through The Domain Name Aftermarket! We appreciate your business and hope to be of service to you again in the future.

Your domain(s) is now in your GoDaddy account. To manage your domain(s), log in to your account from the home page of GoDaddy.com.

If you have any questions, Customer Support is available 24 hours a day, 7 days a week:

+ Email: mailto:[email protected]
+ Phone: (480) 505-8892
+ Online Support: URL

Sincerely,
The Domain Name Aftermarket Team

----------------------------------------------------------
Copyright 2005 The Domain Name Aftermarket. All rights reserved.

And the same day I had the name (July 15th) in my account.

And 4 (FOUR) days later I received the email from TDNAM (Laurie Anderson - Office of the President) explaining me they would take the name back!! And a few hours later the name was not under my control anymore.

I really don't know what I can do now.

Grégoire.

 

[greggish]

It sounds like they wrongfully took the domain away from you. You should sue.

 

[gemsergio]

yeah sorry a little different situation that is simply out of this world cannot beleive that. You really have good ground to sue them.

 

[Gregoire]

Thanks guys for your answers/posts.

Since it seems that I was right, I decided to go further.

I have checked internic and here is what I found :

http://reports.internic.net/cgi/registrars/problem-report.cgi

It's nearly what I needed, but they say " ICANN does not resolve individual customer complaints." and "Although ICANN's limited technical mission does not include resolving individual customer-service complaints, ICANN does monitor such complaints to discern trends.".

Therefore I'm wondering if there is anything else I can do ? (something that would not only be "monitored to discern trends")

Grégoire.

 

[Tippy]

That doesnt sound right at all, I started using TDNAM not too long ago and I'm not impressed with their system what-so-ever, I hope you have the time and energy to pursue them in any way you can.

 

[dotNetKing]

...I hope you have the time and energy to pursue them in any way you can.

If your time is limited, maybe you could point them to this thread to show them that a lot of domainers (some of their most important clients, especially with regard to tdnam.com and backorders) are very unhappy about the fact that they are prepared to remove a domain from the legal registrant of the domain.

 

[manueld64]

i wonder if the original registrant paid the 80 dollar redemption fee like on days 40-42 or so, it takes them like 3-4 days to pull the domain out of redemption with the registry

 

[octobus]

Those domains never go to the redemption period in the registry. It's only a mock, the domain stays active during the whole process.

 

[dmyre]

It's an unfortunate situation, and does not seem right. Perhaps it would be best to transfer the name to another registrar, once you gain possesion of the name...

 

[octobus]

That's also impossible, because godaddy puts the domain on a 60 day quaranteen.
You cannot transfer the domain to another registrar..