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Legal Domain Query

mcgurka
Grafter
Posts: 764
Registered: 09-10-2007

Legal Domain Query

Cant believe I let this happen, but oh well... Any thoughts?
I agreed to recieve a transfer of a domain name, in return for myself transferring goods to Mr Price, who is based in England.
The domain in question is justexpose.net
The transfer has taken place on the 3rd of December, however, Mr Price has contacted the hosts of the domain, and requested the domain be transferred back as he claims it was an unauthorised transfer. This was done on the 17th
I have contacted the domain hosts and they tell me they have no option but to honor the previous owner, as he originally paid for the domain.
I did point out that this was a flawed check, as it covers any domain even if the transfer was authorized and agreed.
I had the transaction witnessed by two indepent parties, to which I have no connections, and they are prepared to provide statements to support my argument.
Is there anything I can do to get my domain back?
Common concensus seems to be I cant do a damn thing about it, but anyone think differently to this?
20 REPLIES
Community Veteran
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Registered: 10-04-2007

Re: Legal Domain Query

Has be returned the goods?
jelv (a.k.a Spoon Whittler)
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mcgurka
Grafter
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Registered: 09-10-2007

Re: Legal Domain Query

No, he most certainly has not, and he is not intending to either!
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Re: Legal Domain Query

You might not be able to get the domain back, but if you can prove you had a contract (which I believe you can), you can take him to court for the return of the goods as he has not made the agreed payment.
jelv (a.k.a Spoon Whittler)
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mcgurka
Grafter
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Re: Legal Domain Query

Many thanks jelv, you seem of more help than citizens advice, who are enternally busy - sigh. Ive asked the parties who witnessed the transaction to write a statement, sign, date and have it undersigned by an authority (doctor etc) to confirm they wrote it.
Surely though I can push for the intended payment, if i can prove I was contracted to give him goods, then he was contracted to give me payment?
Community Veteran
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Re: Legal Domain Query

He can't keep the domain and the goods. As the domain involves a third party (the domain hosts) it is probably easier to go to court to get the return of the goods. You need to make it clear that you will accept full transfer of the domain in settlement of your claim.
What is the value of the goods?
jelv (a.k.a Spoon Whittler)
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mcgurka
Grafter
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Re: Legal Domain Query

about 80 quid or so, so it would only go to small claims, ive spoken to a colleague of mine who made an interesting point.
The host should not have ripped back the domain, since posession is 9/10th of the law, in any country!
N/A

Re: Legal Domain Query

You didn't physically posess it though, just some records had your details rather than somebody elses.
Can't use the possesion argument here really - (although the chap with the goods might be able to)
mcgurka
Grafter
Posts: 764
Registered: 09-10-2007

Re: Legal Domain Query

no, this is true, but technically, the domain, as it is a .net is always owned by OpenSRS, and is leased from them, so its the same story for the other party, they technically didnt posses it either?
N/A

Re: Legal Domain Query

[Devils Advocate]
Following the reasoning that they didn't own it either, how would it ever have been possible to buy it from them.
Surely the payment should go to the people who own it, OpenSRS in this case?
[/Devils Advocate]
I think the only real way to find the answers is to get proper legal help/advice.
We can speculate day and night, but its not really helping you is it? Sad
Community Veteran
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Re: Legal Domain Query

That's part of the reason why I thought going for the return of the goods was the better bet.
jelv (a.k.a Spoon Whittler)
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mcgurka
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Re: Legal Domain Query

no, this is true, im just trying to consider what people think I will be able to do, I dont qualify for legal aid, so its going to cost me!
Community Veteran
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Re: Legal Domain Query

The costs for the small claims court are not that much.
Perhaps letting him know that you are going to there may prompt him to be reasonable.
jelv (a.k.a Spoon Whittler)
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minkey
Grafter
Posts: 386
Registered: 22-07-2007

Re: Legal Domain Query

I haven't looked into it much, but would this help?
http://www.icann.org/udrp/
pcoventry
Grafter
Posts: 434
Registered: 26-11-2007

Re: Legal Domain Query

IIRC it's about £30/£35 to lodge a claim with your local court.