Benjamin Donley, BD Productions, Bdproductions.org, Customgraphicsandweb.com, Ben Donley, Delavan WEB DEVELOPER Benjamin Donley = RIP OFF Delavan Wisconsin

Doing business with Benjamin Donley has become a huge headache for me. I paid him his 50% down payment way back in April 2008. He then tells me that I should do the design work first, before he does the development of the website. Ben also stated that he would get started on the development of the back-end in the interim. I work with my client for months and finally get a design approval. I let Ben know and find out that he's too busy for my project. After waiting for 3 weeks, I get a deadline date ordered from my client and Ben hasn't started on any of the work yet. I finally ask him to refund my $900 deposit and he refuses. Paypal can't reverse the charge because it's past their 45 day refund period. I now have my bank working on it, but will likely have to take Benjamin Donley to Small Claims Court. He's not worried about that either. He seems to think that it's okay to keep your deposit, even if he hasn't done any work for you.

I'm including our email correspondence below- key communications we've had since I paid him. I've omitted some site related emails for space. If you've been burned by him, please file a report here. Stop him before he does it again.

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Paypal Wrote (04/13/08):

Benjamin Donley (Ben@bdproductions.org) would like to be paid through PayPal.
Currency is in U.S. Dollars Total: $900.00 USD

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Ben Wrote (04/14/08):

It is important to receive the 50% down. I realize you don't know me, and we never worked together - but I have that same situation in reverse with doing business with you. 50% ties us "both" equally to the agreement, where as with 25%, I would be carrying the most risk.

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Frank Wrote (04/14/08):

The design hasn't been started yet. I thought I needed to design around the coding elements (as the Fusion templates do); however, designing first would be a lot faster in the long run. I'll start on the design
process while funds are transferring to my Paypal account from my bank.
If I am not completed with the design by the time I get the 50% to you, will you be able to start on the back end coding?

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Ben Wrote (04/14/08):

Having the design first would be very helpful, and yes, we can start on the function before its completed.

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Frank Wrote (04/22/08):

I haven't heard from you in a while. Anything happening over there? Anything to look at?

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Ben Wrote (04/23/08):

Not yet Frank. Hopefully by weeks end I will have the design draft ready. I have been moving the last few days, so I got a little behind.

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Frank Wrote (04/23/08):

That's okay. The client is having difficulty getting back to me with content so I can get the design out of the way. I was just sweating it a bit. What do you mean by "design draft"?

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Ben Wrote (04/23/08):

Sorry. With moving, my mind is scattered. I forgot you were providing the design. I will actually need that before I can do too much.

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Frank Wrote (5/12/08):

I have finally received the content and will be working on the design this week.

Please reset the project start date. I got permission from the client to do this because they took a while to deliver the content. Also, I was wondering if there was back end programming that you could get started on while I am in the design stage (stuff that doesn't rely on the design of the site). If there is, please do get started on it.

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Frank Wrote (07/18/08):

The design phase is taking longer than anticipated. They don't know exactly what they want. I just wanted to give you an update and make sure you're still available for the project. Can you get started on the back end without the design phase complete? This will be built using a template format, correct? Let me know please. Thanks.

Ben Wrote (07/18/08):

Yes, I am available. Can you refresh me as to what project this is.

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Frank Wrote (07/25/08):

Okay Ben, I have an approval on the design, so we need to iron out our end of the deal. I am attaching the text from the contract that I have with the client. I will need to play middle-man with the client and ask that you not contact them but through me. I need our contract to state that term as well. It's a Project Management situation, I'm sure you understand.

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Frank Wrote (07/30/08):

Where u at man??! Are you still ready to roll on this project?

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Ben Wrote (07/31/08):

Yes, just been away for a while. I will be able to look at everything next week.

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Frank Wrote (08/06/08):

Haven't heard from you yet this week. Have you started on anything yet? I need to be able to tell the client something. Do you need the PSD file?

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Ben Wrote (08/06/08):

No, I haven't started yet. I have some other things that need to get finished up first before I can move ahead with yours.

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Frank Wrote (08/07/08):

I need an answer from you. Are you going to be able to do this project? The client needs to know that it's being worked on. Please reply at your earliest possible convenience.

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Ben Wrote (08/07/08):

Yes I can do it, just not in the near future. Its been a while since I heard anything from you, and I am now in the middle of other projects.

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Frank Wrote (08/17/08):

Didn't you say that you have a team of developers at your disposal? When do you think you might have time?

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Ben Wrote (08/07/08):

I did at one time, but that company screwed me over, left me stuck with about 8 jobs unfinished, and never refunded any payments - leaving me broke, behind schedule and dealing with angry clients.

I dug myself out, and now have a new guy doing programming for me, and your site will not be a problem at all. I just need to manage my schedule to fit it in.

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Frank Wrote (08/12/08):

Have you been able to work my project into your schedule?

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Ben Wrote (08/12/08):

Yes, I will be getting to it soon.

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Frank Wrote (08/14/08):

I hate to be a pest, but could you tell me when you can get to it? I have a couple of local Developers ready if you can't. Let me know please.

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Frank Wrote (08/15/08):

I just got an email from the client. They want to launch September 1st. I'm going to need a refund if you're not able to get it done by then. Sorry for the troubles you've experienced with that other company. Please let me know what you'd like to do and if you want to keep the job, whether or not you can get it done by deadline. Call my cell if you need to. Thanks.

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Ben Wrote (08/15/08):

Well have the most of it ready by then, but it will not be available for full launch.

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Frank Wrote (08/15/08):

Please issue a Paypal refund asap so that I may get this job done before the first. I'd appreciate initialization today so the new developer can get started this weekend. Thanks.

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Ben Wrote (08/15/08):

I mean no offense by this, but your client giving you a deadline of Sept 1st all of a sudden is not a reason for me to issue refunds.

You made the payment over 4 months ago, and then out of the blue sent me the information to move forward in the last couple weeks. Needless to say - I acquired other work in the last 4 months and you are no longer on my schedule. Things had to be shifted around to make room for you, and I apologize that it has caused a delay - but the actual fact of the matter is that the delays are not of any issues on my end.

Had you had everything ready to go 4 months ago when we began the project, so I could move forward The entire site would have been finished long ago, and this wouldn't even be an issue.

I suggest you advise your client that their delays and lack of information to move forward is the reason it isn't finished yet, and that they will need to wait patiently for it to be completed as planned.

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Frank Wrote (08/15/08):

You haven't even started on this project yet. You have no right to keep the deposit as we don't have a contract or even a meeting of the minds. Again, please issue the refund today so I can get this job done for my client by deadline.

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Ben Wrote (08/15/08):

So now your filing a Paypal dispute? Gimme a break. 4 months ago you paid me to do a job, and "just recently" gave me what was needed to move forward. Now - because I don't drop everything and jump right on your project you think you deserve a refund???

Thats not how it works, and to be completely honest ... if it was so important for this to be done by Sept 1st .... maybe they/you should have gotten the ball rolling a little sooner instead of waiting until the last minute - 4 months after the fact and then expecting me to be just sitting around with nothing to do - waiting for your project to start.

Sorry, but other work came in during the period I sat waiting on you, and now I have to do that work first, and you will not get a refund.

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Frank Wrote (08/15/08):

You and I have no meeting of the minds and therefore have no contract. You asked that I do the design first after I made the 50% deposit. I did that and kept you updated weekly with the month of June as an exception. I notified you that the ball was in your court the very day I got design approval. You have not begun the work. You haven't even asked for the PSD file for the design elements. You and your business have not provided any service, so I am asking that you refund my deposit immediately. Let's not make this escalate. It's cut and dry; basic contract law. Please just refund the $900.00 back to my Paypal account.

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Ben Wrote (08/15/08):

Actually we "do" have a contract and I have a hard copy of the signed version you sent with the initial payment. Attached is a digital copy in which I have highlighted the items that directly relate to this situation.

Now in looking at this .... you have not followed through with providing what I needed, when I needed it, and it is your own negligence that has caused the delay - therefore - according to the contract you claim we do not have .... I do not owe you a refund for anything.

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Frank Wrote (08/15/08):

I didn't sign any contract. Even if I had, you changed the terms after, and thus voiding any meeting of the mind we may have had. You said that you could get started on the back end development during my design process, but never started on it. Now you say that you're behind and broke due to another company "burning you". I can sympathize. However, I did not burn you and honestly, you don't have any right to keep my deposit. You have not started on your end of this project.

Say that you went to a dealership to buy a car. You placed a deposit and then the dealer says that you have to wait for it to be shipped. So you wait the period of time it takes to ship your car, only to find that the dealer still doesn't have it available for you, nor can he get it to you anytime soon. You needed this car for a vacation coming up. Would you not want your deposit back so you could get a different car right away?

You no longer have this job because you can't fit me into your schedule at this moment. Please just refund the money so I can get it completed by a developer who has the time and can get it done by the Sept. 1, 2008 deadline.

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Frank Wrote (08/16/08):

Well, unless you'd like to refund the deposit at this time, I will be filing this matter in the Sacramento County Small Claims Court on Monday morning at Carol Miller Justice Center (court info below). I will be submitting our correspondence as well as your business and personal information.

Reasons to avoid Court consist of:

1. additional court fees
2. potential for award being granted that is larger than the original debt
3. collection agency activity
4. garnishment of wages
5. seizure of bank funds / till tap
6. associated fees for above services
7. affect on your personal credit
8. affect on your DBA in public record(s)
9. BBB filing(s)
10. potential for criminal prosecution, etc.

I want to resolve this with you right here and now. You have not performed any services thus far, so naturally my opinion is that you should refund my deposit in full. If you have any additional negotiations to make, please voice them now. You may also simply refund my deposit and I will drop the matter.

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Ben Wrote (08/16/08):

Well, unless you can point out exactly where I am in breach of contract, I am not refunding anything. And, since you claim we do not even have a contract - I guess that means you agree I have not breached the contract we "do" have.

As well. I understand the law very well when it comes to my business, and I am very aware that you cannot file a suite against me out of state. Any lawyer will tell you that.

Thanks for waisting my time.

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Frank Wrote (08/16/08):

I placed my ad for a developer on Sacramento Craigslist; to which you responded. That alone warrants local filing. There is also the fact that my place of business and residence are also in Sacramento County, CA. The deposit originated from Sacramento, CA as well. The Sacramento County Superior Court will most likely assume jurisdiction for any one of these facts alone. The combination of them makes it even more likely.

Also, attorney's are not permitted in Small Claims matters. You may consult with one prior, but may only represent yourself in court.

The point of contract or no contract, though equivocal between us, is irrelevant anyway. The issue is that I made a partial deposit for a service that you simply have not provided, nor do you intend to provide. You retaining the deposit strongly suggests an intent of fraud. This is why I'm taking the matter to the court. I've done my part by encouraging you to do the work. I've also asked remuneration of you. I have no other choice but to proceed as stated.

If you'd like to avoid the potential repercussions listed in my previous email, simply refund the deposit in full via Paypal. Otherwise, I'll see you in court.

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Ben Wrote (08/16/08):

Well, regardless of what you think ... you cannot sue me in CA. Its as simple as that. As well ... fraud is far from what I have done. I never said I wouldn't do the site, and I never said I was not going to complete the project as planned.

All I said was - I will not drop everything I am doing right now for other clients, to jump onto your project simply because you are ready to go all of a sudden after 4 months of waiting on you to get what I needed.

We do have a contract, and it will hold.

Good luck to you.

Frank
Sacramento, California
U.S.A.