Catching Illegal?

techtimmy · 04-04-2011, 09:00:29 AM

I recently sold a domain name to an end user which I had used a public catcher to secure for me.

The buyer has now sent me an email which the general message is:

Quote:

I thought it important I email you as I had an important meeting with my solicitor yesterday who informed me that the use of domain catchers in the UK was an illegal activity for UK domain names ending .co.uk.

I have written email proof from yourself admitting to the fact you used a domain catcher to purchase the domain name example.co.uk which you subsequently sold to me for �price.

I therefore ask you for a full refund of the �price I paid to you and ask you to accept only the �1.98 it would have cost me to purchase the domain name legally when it became available.

Seemed like a genuine guy on the phone, but as you can see he wants his money back and is threatening legal action. I believe he is trying to scare me in to giving him a refund but as far as I can tell I have done nothing wrong.

If anyone can anyone clarify the situation for me I would be grateful.

Also, the sale wasn't a huge sum of money, so I accepted if through Payal. I am more concerned he will try and reverse the Payment, leaving me with no domain and no money. I would like to know if there is anyway I can prevent this happening from my end.

Thanks in advance,

Tim

doodlebug · 04-04-2011, 09:09:29 AM

Jesus mate, what a tw*t, obviuosly not you, I think you might be screwed over Paypal, make sure you save invoices and e-mails etc to prove you sold it on, also e-mail Nominet to ask is catching illegal, they will e-mail you back saying no and explain how it's done you can then send that to their solicitor.

If they reverse the payment then definitely take it up with Paypal or even goto a small claims court on the grounds of the principle of the matter.

If you win which I'm sure you would then they would pay all the cost and I don't think courts cost a lot so if you represent yourself then it wouldn't cost a lot for you to do.

Also, make sure it's not a trademark or similar to their trademark because if it is then I would offer a refund and hope they leave it at that ?

Good luck and update this thread mate

suzi · 04-04-2011, 09:22:30 AM

If drop catching were illegal, why would Nominet provide DAC access. I think you need to reply politely that they are wrong and that there is absolutely nothing illegal about drop catching.

I'm not sure about Paypal - how much is involved - enough to make it worth setting up a ew account and changing your payment details at your old paypal account? Not even sure if that would work.

Have a look through Nominet website - must be some references there to prove it's not illegal.

dotNetFreak · 04-04-2011, 09:24:37 AM

He's trying it on...

Take Doodlebug's advice and ask Nominet for confirmation that catching isn't illegal and forward their reply to your buyer.

If he has been genuinely given incorrect advice by his solicitor that should shut him up.

doodlebug · 04-04-2011, 09:25:04 AM

Quote:

the �1.98 it would have cost me to purchase the domain name legally

Alternatively give them a refund and ask where they reg at that price ? you would save a fortune

retired_member16 · 04-04-2011, 09:25:33 AM

Quote:

Originally Posted by suzi

If drop catching were illegal, why would Nominet provide DAC access.

I dont really know where to start with this thread.

Firstly, DAC access is NOT provided for dropcatching.

Secondly, OP, ignore the email.

Thirdly, dont use Paypal for domain sales unless its someone you trust. If you must use Paypal, use a fake address, 'disconnect' your cards and bankaccount as soon as the transaction is complete etc

monaghan · 04-04-2011, 09:31:05 AM

If you think the guy is trying to do you over, I'd suggest contacting Nominet to see if they can prevent further changes to the domain pending a satisfactory outcome.

techtimmy · 04-04-2011, 09:48:07 AM

Thanks for all the responses.

I've just checked the TESS and IPO site and the phrase is definitely not trademarked.

He paid me on 23rd March, so the domain was transferred on same day.

Just checked the whois and the domain is now listed to the new owner who is a UK limited company. Checked his company number and it appears he set up a business name the same as the domain name on the 2nd Feb. I didn't have it caught until the 11th Feb. Seems a bit unusual to set up a business with that name before he even owned the domain.

rob · 04-04-2011, 09:52:10 AM

Ask to see a copy of that legal advice and post it up

bb99 · 04-04-2011, 10:12:56 AM

If I were you I'd drop a quick email to Nominet saying "Someone has told me that dropcatching .co.uk domain names is illegal - please can you confirm whether or not this is the case."

When they reply to advise that it is not, forward that on to the chap and advise him that his solicitor is sadly incorrect.

04-04-2011, 09:22:30 AM	#3 (permalink)
suzi Join Date: Apr 2008 Posts: 529 No Classified Ratings Domain Trader Rating: (100% / 12)	If drop catching were illegal, why would Nominet provide DAC access. I think you need to reply politely that they are wrong and that there is absolutely nothing illegal about drop catching. I'm not sure about Paypal - how much is involved - enough to make it worth setting up a ew account and changing your payment details at your old paypal account? Not even sure if that would work. Have a look through Nominet website - must be some references there to prove it's not illegal. __________________ * Anti Virus Software * Beds & Mattresses * Tool Hire * Flowers By Post * Bottle Jack * Mobile Upgrades *

04-04-2011, 09:31:05 AM	#7 (permalink)
monaghan Join Date: May 2007 Posts: 1,148 No Classified Ratings Domain Trader Rating: (100% / 7)	If you think the guy is trying to do you over, I'd suggest contacting Nominet to see if they can prevent further changes to the domain pending a satisfactory outcome. __________________ Alex Monaghan - Drop Catch & Drop Lists - PM for details Online Accounting\|Pine Furniture\|Barbie

04-04-2011, 09:48:07 AM	#8 (permalink)
techtimmy Join Date: Mar 2008 Posts: 328 No Classified Ratings Domain Trader Rating: (100% / 4)	Thanks for all the responses. I've just checked the TESS and IPO site and the phrase is definitely not trademarked. He paid me on 23rd March, so the domain was transferred on same day. Just checked the whois and the domain is now listed to the new owner who is a UK limited company. Checked his company number and it appears he set up a business name the same as the domain name on the 2nd Feb. I didn't have it caught until the 11th Feb. Seems a bit unusual to set up a business with that name before he even owned the domain. __________________ Does your business need a boost? Reach out to new customers with email marketing from Boost My Business

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04-04-2011, 09:09:29 AM	#2 (permalink)
doodlebug Join Date: Mar 2007 Location: This time next year we'll be millionaires ! Posts: 4,651 No Classified Ratings Domain Trader Rating: (100% / 32)	Jesus mate, what a tw*t, obviuosly not you, I think you might be screwed over Paypal, make sure you save invoices and e-mails etc to prove you sold it on, also e-mail Nominet to ask is catching illegal, they will e-mail you back saying no and explain how it's done you can then send that to their solicitor. If they reverse the payment then definitely take it up with Paypal or even goto a small claims court on the grounds of the principle of the matter. If you win which I'm sure you would then they would pay all the cost and I don't think courts cost a lot so if you represent yourself then it wouldn't cost a lot for you to do. Also, make sure it's not a trademark or similar to their trademark because if it is then I would offer a refund and hope they leave it at that ? Good luck and update this thread mate

04-04-2011, 09:24:37 AM	#4 (permalink)
dotNetFreak Join Date: Jul 2009 Posts: 1,411 Classified Rating: 100% (1) Domain Trader Rating: (100% / 125)	He's trying it on... Take Doodlebug's advice and ask Nominet for confirmation that catching isn't illegal and forward their reply to your buyer. If he has been genuinely given incorrect advice by his solicitor that should shut him up.

04-04-2011, 09:52:10 AM	#9 (permalink)
rob Founding Member Join Date: Jan 2005 Posts: 5,976 No Classified Ratings Domain Trader Rating: (100% / 37)	Ask to see a copy of that legal advice and post it up

04-04-2011, 10:12:56 AM	#10 (permalink)
bb99 Join Date: Mar 2005 Posts: 1,547 No Classified Ratings Domain Trader Rating: (100% / 4)	If I were you I'd drop a quick email to Nominet saying "Someone has told me that dropcatching .co.uk domain names is illegal - please can you confirm whether or not this is the case." When they reply to advise that it is not, forward that on to the chap and advise him that his solicitor is sadly incorrect.