Cancellation of dropped name?

singlefile · 27-04-2007, 11:03:48 AM

"I am writing with regards to the domain name -----.co.uk, which is currently registered to you.

Unfortunately, I have received a claim that this domain name was cancelled in error on -- ----- 2007. I am currently investigating this claim, and will contact you again when I have established the situation. However, if this claim is correct, I will have to act to correct the error by cancelling the name and re-registering it for the original registrant."

What am I best doing and /or saying in response to this [recd from Nominet] please? Surely the previous owner has had ample time to pay up to extend ownership?

grantw · 27-04-2007, 11:13:57 AM

IIRC I think Nominet have a disclaimer somewhere in the T&C that allows them to do this.

Grant

grantw · 27-04-2007, 11:29:28 AM

This thread here discusses it, from the second page onwards, post 34 is from Jay Daley who states that you may get compensation for any losses if they take the domain back:

http://www.acorndomains.co.uk/nomine...nominet-4.html

Grant

retired_member11 · 27-04-2007, 11:47:24 AM

I didn't get any compensation when this happened to me in 2005. Nom just took the name away from me. End of story. In fact this has happened
to me on two occasions.

The terms and conditions are worded in such a way as to give Nom carte blanche to decide to do almost whatever it wants to. Of course you can go to law but the cost and the probability of winning are respectively rather high and rather low, and so it has to be a triple A+ domain worth fighting for to consider taking that route.

rob · 27-04-2007, 12:24:36 PM

I believe this only occurs when Nominet have cocked up ie. not updated registrant information when requested and thus renewal notice sent to the wrong place.

Personally I would make a note of web development, fees, server costs plus obviously your own time and ask Nominet to ensure you are not out of pocket due to a cock up their end.

In my humble opinion I am sure they will oblige as otherwise they would have a very messy court case to lose

Nigel · 27-04-2007, 02:46:10 PM

This happened to us on two domains a couple of years ago. We didn't get a penny - not even the dropcatching fee! (and the domains were discarded by the registrant at renewal two years later). We were rather tempted to take up Beasty's offer on the forum a while back to help pursue some of these cases. Perhaps you could PM him to see if he's still interested in this type of work. I suppose it depends on how good the domain is.

Beasty · 27-04-2007, 04:45:54 PM

Quote:

Originally Posted by Nigel

This happened to us on two domains a couple of years ago. We didn't get a penny - not even the dropcatching fee! (and the domains were discarded by the registrant at renewal two years later). We were rather tempted to take up Beasty's offer on the forum a while back to help pursue some of these cases. Perhaps you could PM him to see if he's still interested in this type of work. I suppose it depends on how good the domain is.

The offer is still there. Really sorry that I did not get back to you on that one Nigel. If a few people want to club together, then they can take things forward seperately but with no need to duplicate the work if the facts are largely similar. Happy to do it on some sort of "no win no fee" basis.

Anyone want to do it, please PM me and I will get on with it.

On a seperate note - any Nominet members not going to the AGM but who want an independent proxy to attend on their behalf - feel free to get in touch with me. If you are an individual, the proxy needs to be in by 10am on Monday (electronic post or fax). If you are a company, since you can not attend yourself (you are a legal person, but not a real one) you can authorise someone to attend on your behalf and I am not aware that the 48 hour deadline applies. I will happily vote the way you want me to - or you can leave it up to me!

I'll be there anyway - so if you have not voted already and want someone to vote for you at the meeting - please PM me.

singlefile · 27-04-2007, 05:41:18 PM

Thanks to you all for the advice and opinions, it is much appreciated. I'll see what Nom decide, prior to planning a response.

retired_member11 · 27-04-2007, 05:42:53 PM

Quote:

Originally Posted by Beasty

The offer is still there. Really sorry that I did not get back to you on that one Nigel. If a few people want to club together, then they can take things forward seperately but with no need to duplicate the work if the facts are largely similar. Happy to do it on some sort of "no win no fee" basis.

Anyone want to do it, please PM me and I will get on with it.

On a seperate note - any Nominet members not going to the AGM but who want an independent proxy to attend on their behalf - feel free to get in touch with me. If you are an individual, the proxy needs to be in by 10am on Monday (electronic post or fax). If you are a company, since you can not attend yourself (you are a legal person, but not a real one) you can authorise someone to attend on your behalf and I am not aware that the 48 hour deadline applies. I will happily vote the way you want me to - or you can leave it up to me!

I'll be there anyway - so if you have not voted already and want someone to vote for you at the meeting - please PM me.

Yes please, but who are you? PM?

Jason.

Slater · 27-04-2007, 07:19:14 PM

Had this happen to me once in the past, take a look at the thread.

http://http://www.acorndomains.co.uk...ude-co-uk.html

27-04-2007, 11:03:48 AM	#1 (permalink)
singlefile Join Date: Oct 2004 Posts: 251 No Classified Ratings Domain Trader Rating: (100% / 2)	Cancellation of dropped name? "I am writing with regards to the domain name -----.co.uk, which is currently registered to you. Unfortunately, I have received a claim that this domain name was cancelled in error on -- ----- 2007. I am currently investigating this claim, and will contact you again when I have established the situation. However, if this claim is correct, I will have to act to correct the error by cancelling the name and re-registering it for the original registrant." What am I best doing and /or saying in response to this [recd from Nominet] please? Surely the previous owner has had ample time to pay up to extend ownership? Last edited by singlefile; 27-04-2007 at 11:08:14 AM.

27-04-2007, 11:13:57 AM	#2 (permalink)
grantw Join Date: Mar 2005 Posts: 3,624 No Classified Ratings Domain Trader Rating: (100% / 56)	IIRC I think Nominet have a disclaimer somewhere in the T&C that allows them to do this. Grant __________________ Domain Brokerage :: Bulk UK Whois :: Property Insurance

27-04-2007, 11:29:28 AM	#3 (permalink)
grantw Join Date: Mar 2005 Posts: 3,624 No Classified Ratings Domain Trader Rating: (100% / 56)	This thread here discusses it, from the second page onwards, post 34 is from Jay Daley who states that you may get compensation for any losses if they take the domain back: http://www.acorndomains.co.uk/nomine...nominet-4.html Grant __________________ Domain Brokerage :: Bulk UK Whois :: Property Insurance

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27-04-2007, 11:47:24 AM	#4 (permalink)
retired_member11 Join Date: Mar 2005 Posts: 974 No Classified Ratings Domain Trader Rating: (100% / 1)	I didn't get any compensation when this happened to me in 2005. Nom just took the name away from me. End of story. In fact this has happened to me on two occasions. The terms and conditions are worded in such a way as to give Nom carte blanche to decide to do almost whatever it wants to. Of course you can go to law but the cost and the probability of winning are respectively rather high and rather low, and so it has to be a triple A+ domain worth fighting for to consider taking that route.

27-04-2007, 12:24:36 PM	#5 (permalink)
rob Founding Member Join Date: Jan 2005 Posts: 5,976 No Classified Ratings Domain Trader Rating: (100% / 37)	I believe this only occurs when Nominet have cocked up ie. not updated registrant information when requested and thus renewal notice sent to the wrong place. Personally I would make a note of web development, fees, server costs plus obviously your own time and ask Nominet to ensure you are not out of pocket due to a cock up their end. In my humble opinion I am sure they will oblige as otherwise they would have a very messy court case to lose

27-04-2007, 02:46:10 PM	#6 (permalink)
Nigel Join Date: May 2005 Posts: 823 No Classified Ratings Domain Trader Rating: (100% / 30)	This happened to us on two domains a couple of years ago. We didn't get a penny - not even the dropcatching fee! (and the domains were discarded by the registrant at renewal two years later). We were rather tempted to take up Beasty's offer on the forum a while back to help pursue some of these cases. Perhaps you could PM him to see if he's still interested in this type of work. I suppose it depends on how good the domain is.

27-04-2007, 05:41:18 PM	#8 (permalink)
singlefile Join Date: Oct 2004 Posts: 251 No Classified Ratings Domain Trader Rating: (100% / 2)	Thanks to you all for the advice and opinions, it is much appreciated. I'll see what Nom decide, prior to planning a response.

27-04-2007, 07:19:14 PM	#10 (permalink)
Slater Join Date: Apr 2006 Posts: 657 No Classified Ratings Domain Trader Rating: (100% / 17)	Had this happen to me once in the past, take a look at the thread. http://http://www.acorndomains.co.uk...ude-co-uk.html