Ben Donley Benjamin Donley Intrigue Design BD Productions Ben Donley ,

STAY CLEAR OF BEN DONLEY (Benjamin Donley) OF INTRIGUE DESIGN! (BD Productions, etc) HE HAS LOTS OF OTHER COMPANY NAMES HE USES. Check the website - http://benjamindonley.com/ for more information and complaints on him.

I was contacted by Ben Donley of Intrigue Design through the Script Lance page May 30th, 2009 to create a website for me. He sent me a signed contract, which I faxed back to him signed and then promptly sent him a cheque (same day, 31st) in the registered mail. I kept a copy of the cheque and the tracking # of the mail for my records. The deadline he said he could finish in upon signed agreement would be 10 days. (one of the main reasons I picked him over other designers!) I provided him with plenty of information on what I'd like the page to do/look like, the site name and such that I had registered myself, etc... He was fine at the beginning, asking questions about it. He confirmed receiving the contract and the money. But any communication slowed then stopped. If I can't get him to return my money, the courts will.

 Cliffs notes: He took my money, refuses any contact, and has not done any work.

(**** I looked up his name and found he had cheated many other customers out of their money with weak excuses and lack of response, so I decided to escalate this at it appears I am not dealing with a reliable, honest company/man, and I could email and call him till I'm blue in the face without resolution.)

My actions at the moment -

I have twice now sent him paypal requests for funds. He does not need to have a paypal account for this, he can just use a Visa. I also asked him if he didn't want to use Paypal, if he would like to refund me in another manner. So he has the option of how he'd like to refund me. I'm not demanding any way in particular, but atleast paypal is free. He would have to pay $ if he were to send registered mail, like I had to to send the cheque (approx 15 dollars). Which I asked for that portion back in my original request, but to be fair, since he probably had to pay a bit to have it cashed and changed from Cad to US funds, I let that go. I have informed him that should this go to court, I have a lawyer advising me in this matter, and that I have had a few different programmers review the files and give statements that insufficient work was done to legitimatly bill any amount of money(withold any amount of a refund), and the deadline has passed a reasonable amount of time and he should refund my entire payment. I have also taken screen shots of the "progess"/lack of progress, (NOTHING) of the ftp files/site. I had my lawyer review the contract. I have also included a tracker to my last few emails, that automatically send me information such as his ip address, the time and frequency when he opens my emails. (Legal!) So I KNOW he is getting them. I gave him 24 hours to reply, then I re-sent it with the tracker with 24 more hr notice. (so I can take the evidence that he is getting the emails to court. This is legal admissable proof)

No reply.

Seeing as how I would likely need to go to his state (I live in Vancouver Canada) to go to small claims court I will also be seeking repayment on all court fees and travel costs. I'd rather not go through all that, but I am 100% sure as per my legal advice and evidence that I will be able to recover my costs as well as get my full refund. So by his lack of response this may cost him not just returning my $400.00, but also the court fees, legal fees and my $650.00 flight. I will give him a few more days, then I am going to have the paperwork processed by the Court to have him officially sued and have a court date set.

Here, for further information, I'll just post our emails from the beginning on once he rec'd the contract - You can read everything. My extra notes outside of the emails are in (***Note)

Renee Jun 2

Hi Ben, I know it's quite soon to be asking anything, but I'm just a bit nervous since everything was paid up front. (not that I don't trust you, just the anonymity of the Internet) Do you have anything for me to view yet just to give me peace of mind to know that its begun? Thanks! Renee

Ben Jun2 I will have a design for you tonight, or early tomorrow.

Ben Jun 3 Hi Renee. I had a small glitch today and still not ready with the design ... but it will be finished today for you. Thanks

(***Note - did not receive it)

 Ben Jun 4

Hi Renee. I received the check today and was hoping you could do me a small favor. I didnt realize it would be an issue with you being from Canada, but there is a pretty large fee and also the exchange difference if I cash the check here. Would it be possible at all for you to pay through scriptlance ... or also if you have a visa card I can accept that too (my credit card processor is currently having issues with mastercard and only accepts visa right now). Its not a huge deal, but if you would be willing to utilize on of those other payment options - that would be great, and then I can just void the check and mail it back to you. The design will be coming over this evening.

Renee Jun 4

No problem. Maybe it's best with to give my Visa? They probably take a cut if I do it through SL? Sound good? Thanks!

Ben Jun 4

(this email he confirmed my home address to return the cheque to, and provided me a link to make a credit card payment through)

Renee Jun 4

Yup, that's correct. I'll pay right now. :) Thanks!

Renee June 4 Did it go through? I entered all my info and then it told me I was over my monthly limit. Which I don't understand because I've never used that system before. etc etc. I tried a few times, it kept telling me that msg. I don't have a monthly limit on my card, so it was an issue with his site possibly. I offered to pay through Script Lance next. Or through Paypal. -

Note - I was wanting to pay the full amount.

Ben Jun 4 No thats fine. I dont use paypal. I will just put the check in deposit. I just have to wait a few more days for it to clear thats all. Im not losing much vs the commission through SL or the % from my cc processor. Maybe when we're finished .... if your satisfied, you could send another $100 to make up the difference? I'll leave it up to you, but I'll just use the check I have here and we'll go from there. Thanks for trying.

Ben Jun 4

Im still working on some final touches with the design. This is actually the longest part. Once we have the design established, the rest of the site will only take a day ... maybe 2 tops. Just a matter of plugging in the design to the application platform. So - I apologize, but I wont have the design ready until tomorrow - but we are still on track for the time frame we agreed on. Also ... do you have a host/server for me to work on once the design is approved? Thanks

Renee Jun 4

That sounds very fair. I'll try again for the other 100 later via your site just incase (it costs me about 14 dollars to mail a cheque, so I also would rather try to find a way to do it digitally.) Or I'll send it through SL. Thanks!

Renee Jun 5

Awesome. Sounds good. I don't have it in front of me right now, but I'll send you all the ftp host server info when I get home tonight. I'm getting excited to see the site. :) Thanks!

(***June 5 & 6th I provided him with my hosting information, etc and had created an ftp file for him to do the work in. Asking him if that was all the info he needed. So far he sounded legit. June 6 He replied that that was fine. June 6 I requested a quote on a second project I was wanting to give him if this went through properly. He said his programmer would review it. I requested any updates on my original project. He replied June 6 that they are still working on it, and gave me the quote for my 2nd project.)

Renee June 8

Hi Ben, any updates on the design? Renee

Renee June 9

Hi Ben, Sorry to pester, I haven't heard anything since Saturday. how are things going? Do you have any questions? Thanks! Renee

Ben June 9

I should have it ready soon. I will be implementing the system and will need to modify the design accordingly to fit, but you will see it ready in the next couple of days.

Ben June 12

Just waiting on my programmer to come through with a batch category script .... so we dont have to sit there and manually put all your categories and subcategories in by hand.

(***Still, sounds legit, I can only assume now that he was just stringing me along until my cheque cleared as this work that he was talking about was NEVER done! Also pls note, at this point, the deadline is up. Not a single scrap of proof of work being done, even though I kept in constant, up to date contact)

Renee Jun 12

Sounds good. Thanks for the update. :) In your opinion, how is it looking?

(***No reply)

Renee June 17

Hi Ben, Any word on this? Thanks!

Ben June 17

Yup, just about wrapped up, holding off for payment to clear.

Renee June 17

Ah, I see. Your right, I just checked my accounts and it hasn't shown up yet. I guess the banks usually take a few days to process cheques. Thanks!

(***I waited a few more days for the cheque to clear, to get any information, be asked any questions on what more I'd like, given a sample to review and change, asked what logo I'd like to provide, ANYTHING. Nothing has been put forward from his side at this point)

Renee June 23

 Hi Ben I'm eager. Has everything cleared? Is it rdy to look at? Thanks!

Renee June 25

Hi Ben, my records show that the cheque cleared 10 days ago. We are quite over the contracted deadline. is the page complete? Do you have a draft even loaded up for me to review? Once it is completed I wlil send the 2nd check for the remaining balance. Thanks!

Ben June 27

Yes, it may have cleared your account, but then had to be processed through mine and go through the conversion, etc. I never dealt with out of country checks before so it was all new to me. Got a letter yesterday saying it was deposited, so it will be wrapped up shortly.

Renee July 6 (now almost once month after deadline!)

Hi Ben, Hope you had a great weekend! Any updates? Thanks!

Renee July 15

Hi Ben, It's been a long time since I've heard anything. Have you been on holidays? I'm very eager to get the site up and running... Are there complications with it that is causing the delay? Please let me know where this stands. Thanks!

Renee July 21

Hi Ben, I'd like my website please. If there has been some problems in its creation, and it cannot be completed as per our contract, I'd like a refund right away. (cheque, or paypal please) I haven't heard from you for a while. Thanks.

Ben July 21

Hi Renee. I had a virus and was down for quite a few days - now in the process of rebuilding things, but it should be ready soon. (I thanked him for getting back to me so quickly, and was looking forward to it coming. I went on holidays at this point, and understanding that he may be delayed by a virus, I waited till August 7th)

August 7 (now 2 months after deadline)

Hi Ben, Still waiting, do you have anything yuo can load up to show me the progress that's being made? Even if its not done? Thanks!

(***NO REPLY!)

Renee August 22 Hi Ben, I have emailed you multiple times looking for progress, and a few times for a refund, and have also sent a message to your office via your website. I still have had no response. Please reply by Monday afternoon or I will follow this up with BBB, will file a complaint via Script Lance and any other sites you're mentioned on (eg. Yahoo answers) as your company seems like it is a scam, and will mention it as such. I have given multiple chances for replies, and a much longer timeline for completion than as per the contract (Due date was approx mid JUNE) because I understand sometimes things happen, and people get busy. But your lack of responses recently is seeming very suspicious. Please prove me wrong. Also, unless there is some proof of progress, please officially cancel my project. As per the contract there should be no "pro rata" billing if there is no proof given of work being done. Thank you.

August 26 - I sent him an email informing him that I may be seeking further action, but I'd rather not. Advised him of the email trackers, etc. (lengthy email) Sent him again a request for paypal payment.

That's today now.