drs

[seanc]

i have been DRS'd and i never appealed.
i have received rather a large bill ? i wasnt aware i would need to pay anything, i read the FAQ:-

Is this going to cost me anything?
As a respondent, the DRS is unlikely to cost you anything. The complainant has to pay the fee for the Expert (although you are also given the opportunity to pay), and the mediation is free. The only time you might wish to pay is if you want to appeal the decision of the original expert.

 

[retired_member6]

How have you been billed? by the complainant's solicitor? did they write an accompnaying letter stating if you don't pay they will take you to court for the costs as they have won a ruling and expect you to pay as you lost?

 

[seanc]

i have been billed by a nominet pro forma invoice (pdf)

i had previous from any solicitors, just a letter from nominet saying i was going through a DRS (notified by mail and email)

 

[bb99]

This sounds very odd - perhaps call Nominet's (helpful) DRS team to ask what's going on!

Edit:

It's just occurred to me that you've been sent the pro forma invoice in the event that you want to pay for the DRS to go to expert decision (because the complainant has not done so).

So you can probably safely ignore it. But as above, call Nominet just to be sure. In any event I'd have thought that they'd have sent some explanatory documentation with it....

 

[retired_member6]

i have been billed by a nominet pro forma invoice (pdf)

i had previous from any solicitors, just a letter from nominet saying i was going through a DRS (notified by mail and email)

Strange, tell them they've billed the wrong party. Human error.

 

[seanc]

sorted..
called nominet (very helpfull, as usual..thank you)

i only need to pay if i want to appeal.. which of course i wont as i dont stand a chance of keeping the domain.

phew!

 

[retired_member12]

...of course i wont as i dont stand a chance of keeping the domain.

Was there no opportunity to simply hand it over then, meaning didn't the complainant contact you first before they paid a DRS fee?

 

[afx]

If you had no chance of winning, and were going to give it up without a response, you should have just handed it over in mediation to avoid getting a strike against you.

 

[seanc]

i didnt realise i would get a strike against me, i would have handed it straight over if they had asked.

 

[afx]

I'm not sure how you thought it would play out, you say "you had no chance of winning", yet you "didn't think you would have a strike against you". There's only two possible outcomes of an expert decision.

You can also hand a name over prior to mediation. Soon as you get the DRS just say you wish to transfer it to the complainant and that mediation isn't necessary. Nominet will then talk nonsense about, the next stage being enforced mediation, but IMO this is just Nominet trying to cook the books to make the DRS look more useful than it really is by hoping to get another tick in the box of "settled in mediation". If you force the issue they will tell you that it is then classed as a "pre-mediated settlement" that has been reached between the parties, well at least that's what they'll tell you; there's no way of ever knowing. Nominet will then assist with the transfer to the complainant by lifting the transfer block.