Person won't release Domain Name - time for legal action? - UK Web Hosting | Dedicated Server Windows and Linux VPS Forum

**berbilfruit** · #1 (**permalink**) 16-04-2007, 19:29

Hi all,

I'm about to start work on a website for a friend of mine who is an actress. Her previous boyfriend designed her website and registered the domain and now will not give it up, despite numerous emails asking him to. The renewal date was April this year, looking up this domain on allwhois.com it seems there was an update over the weekend and it is now registered until April 2008. He protests he does not care about this domain but is still making no effort for its transfer.

I'm a member of the BCS and she is a member of an actor's union, does anyone else have any advice on this matter before we pursue this with them? (unfortunately sending the boys round is probably not the most legal of options, gratifying as it would be for her!)

**eUKhost.com** · #2 (**permalink**) 16-04-2007, 22:32

I can provide you with proper channel to get your domain back. Let me know if its a .co.uk domain and if its any other domain name then I'll need to find out some more details.

You can let me know the domain name on MSN if its not a UK TLD domain.

**berbilfruit** · #3 (**permalink**) 17-04-2007, 12:08

Thanks, I read the Nominet procedures on top of whatever notes I could find from the law part of my computing degree. Sent him a big mail with what would happen when the compliants procedure starts and now it looks like he has started the ball rolling. Were you going to suggest a similar route? Michael

**eUKhost.com** · #4 (**permalink**) 17-04-2007, 13:34

thats what I said. If its a UK domain then the procedure is quite easy but if it was a .com or .net or any other gTLD domain then it could have been complicated.

**DPS Computing** · #5 (**permalink**) 19-04-2007, 15:38

One of my work collegues had this problem. They owned a business and got a web designer to design the website (he also set up the hosting and domain names). After my collegue decided to dispense with his services, as he was not managing the website properly and had not even completed it he refused to transfer the domain name over. The designer in question had registered the domain name to himself personally and not his client.

In the end they had to register a new domain!

**eUKhost.com** · #6 (**permalink**) 19-04-2007, 15:55

It was fault of your colleague as they allowed designer to register domain name on his name. Even in such case you can provide Trade Registration information to Nominet and get your domain name back. If the domain was valuable for them then they could have pulled the designer to court and got their domain back.

**DPS Computing** · #7 (**permalink**) 19-04-2007, 16:28

I know, I brought this to my collegues attention about 2 months before the dispute begun. My collegue stated that she had been told the domain was registered to herself (but it was definitely not). She even had invoices from the designers company (which he owned) for the sale of the two domains. However, the registration information had him down as owner and administrative contact.

It just shows us all that we should watch what others are doing!!

**eUKhost.com** · #8 (**permalink**) 19-04-2007, 20:27

she did stupid mistake by trusting the designer but you know that women's do such mistakes many times

Men's also do such mistakes but at least they switch to documentation to avoid any such incidences from repeating.

**Eidolon** · #9 (**permalink**) 20-04-2007, 07:52

We had a case about a year ago where we got 'domain dispute' documentation sent to us from a supplier who wasn't too happy that a few years prior we'd registered a domain name which was the same as their company. I gather the MD had previously told them they could buy the domain off them, though the opted to contact Nominet in regards to the name. In the end we did hand the domain over to them, I think not so much due to that but as the supplier threatened to dramatically reduce our trade discount.

We do have a few other domains with names matching the supplier, however we're UK distributers for those companies and they're non-UK based the relevant suppliers don't mind.

Personally where possible I'd always register the domain name myself, thus avoid the website designer from running off with the domain name. That way I can ensure the domain name has the correct ownership details and can switch DNS if needed.

**flesso** · #10 (**permalink**) 20-04-2007, 10:22

As a designer and programmer, I normally give the client explicit instructions on where & how to register the domain name, so it's in their ownership. I then go in and change the name servers so I have control of the DNS. I'm currently designing a system to work with the enom api, so that clients can register the domains through my website.

**berbilfruit** · #11 (**permalink**) 20-04-2007, 21:01

Cheers all, sounds like a lesson learned for everyone. This guy has now said he has deleted the domain from inside his 1&1 control panel, but 1&1 don't have any record of themselves owning the domain in the first place (that's what I got from a rather fruitless conversation with the overseas call centre).

When challenged on this and asked to provide his customer number his response was (almost word for word) 'bring on the Nominet dispute, it doesn't cost me anything anyway.' Curses!

**eUKhost.com** · #12 (**permalink**) 20-04-2007, 21:32

Not sure why you are talking to him. Its Nominet who will sort your problem so contact Nominet and get it sorted. I am quite sure that you will get it from Nominet for expense of 10 or 20 quids only.