Catching Illegal?

[techtimmy]

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:

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]

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]

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]

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]

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]

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]

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]

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]

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

 

[bb99]

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.

 

[namealot]

It would mean buy his own statement he is an accessory to the crime or guilty of handling, recieving stolen goods, deception etc….

If you take something from someone that you later find were gained as the result of an illegal activity then it is not your’s either(by his own omission…) Has he relinquished any claim to it i.e. cancelled the name with nominet ..? You can’t just say give me the money back (even if his claim that drop catching is illegal which if it was you would have heard so by now from companies etc that have let names drop and be held to ransom i'm sure …. )


Tell him to pop along to his local police station and tell them he has received stolen goods but got his money back and kept the goods… guys a nutter

 

[bensd]

Of course it's not illegal, how would public companies like domain monster etc be able to provide the services they do.

 

[MCNM]

He is trust trying to scare you I've had a few emails and phone calls from people threatening legal action because they didn't renew the domains and I caught it, I had one on Friday and they ended up buying it back from me

 

[websaway]

Tell him you were born at night but it wasn't last night.

 

[Admin]

Nominet state that

Nominet UK allocates domain names on a strictly first-come, first-served basis.

. It does not say that using an automated means to do this is not permitted.

I have written to the Nominet Policy Department asking for a statement.

Admin

 

[namealot]

Is this the guy representing him?

 

[techtimmy]

Cheers gang.

I've emailed Nominet to ask for 'the truth' about catching.

The guy paid direct from his credit card in response to my Paypal invoice. I'm hoping he doesn't know too much about how easy it is to claim money back via Paypal as he doesn't seem have an account with them.

 

[anthony]

It's hard to think that Nominet have allowed dropcatching to continue to this day if it was considered to be illegal. It has been a known business activity of its members for many years, and was even listed as being 1.6% of the core business activities of its Registrars in Nominets 2006 Report & Accounts.

 

[Ashton]

Damn, their is a report from Nominet somewhere which categorically states that dropcatching is permitted and is a recognised business. I am trying to find it without much luck.

 

[retired_member13]

Damn, their is a report from Nominet somewhere which categorically states that dropcatching is permitted and is a recognised business. I am trying to find it without much luck.

Do you mean this: http://www.nominet.org.uk/digitalAs...catching_and_the_secondary_market_Sept_07.pdf