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  1. #1
    Join Date
    May 2003
    Location
    Halifax, Nova Scotia
    Posts
    186

    Account Ownership - Dispute

    Good day all,

    I have a question I wish to get opinions on.

    I have an account which was setup on one of our systems in Oct 04. The account was ordered by John using Jane's credit card information. At the time I believe they were partners (both in business and personal). The domain name was registered in John's name.

    In May 2005 I received a request from Jane to have herself removed as the billing contact and change that over to John permantly. I did this in my records. Now just in the past day I received another email from Jane now asking me to terminate the account ASAP.

    Now Jane did pay for the account originally but she then informed me that she was no longer responsible for billing and I did receive confirmation from John that he was going to take over billing.

    Does anyone have any opinions on what action I should really take? My thoughts are to keep the account active because Jane did technically withdraw from the account?

    I think what has happened here is that they broke up... but not 100% sure...
    Keith Gallant
    JustHosting.ca
    http://www.justhosting.ca

  2. #2
    Join Date
    Jun 2001
    Location
    Kalamazoo
    Posts
    33,190
    With the information provided, it appears that in Oct 04 the account was paid for one year?

    If so, and John has assumed responsibility based on your earlier communication, I'd just host John for free until Oct 05.

    If this isn't the case, more information may be required.
    There is no best host. There is only the host that's best for you.

  3. #3
    Join Date
    May 2003
    Location
    Florida
    Posts
    877
    Based on the limited information in your post, it sounds like John is now the owner of the account. You should have removed all of Jane's information from the account when she requested - and John accepted responsibility.

    My opinion is based on your statement that Jane asked you to move the account to John. Once you followed those instructions, she no longer has a say in the matter - as long as you are not still charging her monthly for the account.

  4. #4
    Join Date
    May 2003
    Location
    Halifax, Nova Scotia
    Posts
    186
    The account was prepaid for one year from Oct 04 to Oct 05.

    There was nothing to change over to his name other than the billing contact in our accounting. The domain name was already in his name as was the technical contact.

    I can understand her point that essentially he is getting the next 4 months or so for free on her dime...but the fact of the matter is that she did give up that account to him in May. I told her if this was her concern that she should go after him for the balance of the payment.

    I have already taken that position with her. He is now in charge of the account. She is really not happy with me but no matter how this was resolved someone was going to be unhappy.

    Thanks for the comments guys
    Keith Gallant
    JustHosting.ca
    http://www.justhosting.ca

  5. #5
    Join Date
    Sep 2004
    Location
    Leamington, ON
    Posts
    42
    Hi Keith,

    If the cardholder was Jane unforuntly if she wishes to follow through on this you'll have no ground to stand on if it was purchased by John on her card without her authorization. She can claim it was fraud by John. This is why in my other business we will not accept any card unless it is the card by the purchaser, doesn't even matter if the wife says that it's her husbands card. How do you know that there not going though a divorce and she's taking him for a ride. If Jane calls the card company on this they will commit a chargeback unless you can prove that she accepted the charges.

    Sorry hate to be the bearer of bad news,

    Rich

  6. #6
    Join Date
    May 2003
    Location
    Halifax, Nova Scotia
    Posts
    186
    Rich

    She most definately confirmed and accepted the transaction. They were partners at the time. They have since headed in separate directions. That is where the dilemma exists. But there is definitely no grounds for a chargeback.
    Keith Gallant
    JustHosting.ca
    http://www.justhosting.ca

  7. #7
    Join Date
    Sep 2004
    Location
    Leamington, ON
    Posts
    42
    Hi again Keith,

    Then she simply has no grounds to stand on, she accepted a one year contract as long as you have proof of this she's has to accept the terms. Was it paid in advance? Or on a monthly basis? If it was paid in advance then your fine, if she paid you semi-annually you would be better to cancel soon as the last payment she agreed to was paid.

    Hope this helps,

    Rich

  8. #8
    Join Date
    Feb 2001
    Location
    West Michigan, USA
    Posts
    9,675
    From now on, make sure the cardholders name and the name on the account match. At this point, I would contact John and tell him what's going on with Jane - if possible, email them both and make it clear to Jane that you are cc'ing John with all correspondance. Keep it friendly - but basically say something along the lines of "There seems to be some confusion over who's in charge of this account. Please work it out between the two of you and decide what you want done with this account. I appreciate your business and understanding that this is a difficult position for me to be in. Thanks!"

    --Tina
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  9. #9
    Join Date
    Jan 2002
    Posts
    1,033
    Originally posted by AH-Tina
    From now on, make sure the cardholders name and the name on the account match. At this point, I would contact John and tell him what's going on with Jane - if possible, email them both and make it clear to Jane that you are cc'ing John with all correspondance. Keep it friendly - but basically say something along the lines of "There seems to be some confusion over who's in charge of this account. Please work it out between the two of you and decide what you want done with this account. I appreciate your business and understanding that this is a difficult position for me to be in. Thanks!"

    --Tina
    I actually disagree with that... If Jane actually did give up the account, it should now be under John's control and no one elses. Now the problem that exists is how you handle account ownership. If she requested to be removed from the billing, was it agreed at the time that the account control would go to John?

  10. #10
    Join Date
    May 2003
    Location
    Florida
    Posts
    877
    Originally posted by Josh Stein
    I actually disagree with that... If Jane actually did give up the account, it should now be under John's control and no one elses. Now the problem that exists is how you handle account ownership. If she requested to be removed from the billing, was it agreed at the time that the account control would go to John?
    I believe that Josh is right. If you put both names on emails related to the account, you are acknowledging both individuals still have something to do with the account. Your position should be that she gave ownership of the account to John. It might be a good idea to send her the email or ticket where she asked you to change the account to John.

  11. #11
    Join Date
    Apr 2005
    Location
    La Habra, CA
    Posts
    1,775
    Ehh I had a similar problem today. Ill explain my situation if no one minds hehe. Ill use Jon and Frank as their aliases.

    Ok well Jon ordered 2 game servers for $185 with a 3 month prepayment. He also agreed to a no refund policy on it. Well all his stuff was up, his servers and all. He made me set up a whole bunch of stuff for him like any other newbie. Ok so after 2 hours of fixing his problems its all up.

    A day later Frank emails me asking me for a refund. At the time I had no idea who it was so I said were not refunding a non customer. He then replied saying that he payed for the servers and also showed me a reciept of HIM paying for it.

    I then contacted Jon about it and he said he was lying. I had to check paypal stuff and it was in fact him who payed.

    Well after 4 hours of reasoning with both of them, I found out Jon was lying to me and I had to switch everything for Frank. Its hard to catch things like that though.


    In your situation I would close the account, or ask John if he would like to re-order the same config and keep everything the same as it was.

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