Transfer of suspended name - user can't access Nominet account

[timter51]

I've recently been trying to purchase a domain that is currently in "suspended" status (still a while to go before drop). The key issue is the original registrant is no longer contactable, and those currently managing the domain can't access the Nominet online service to request registrant transfer (they don't know what email would have been used to register the domain). I need to guide them through this, but it's a new situation for me. What is the best route to take? Do they need to contact Nominet to resolve this?

 

[Edwin]

Surely it's up to the original registrant - and only the original registrant - to dictate what happens with the domain name. They're the legal owner, after all. From Nominet's point of view (which is what matters) nobody else has the authority*.

*unless you're mixing "Registrant" and "registrant"? (the former is the listed owner and the legal owner of the domain; the latter is the person who did the registration)

 

[timter51]

Yes, sorry Edwin, I did mean Registrant as in the original owner. They are no longer contactable.

 

[monaghan]

As Edwin states, it is up to the registered owner to determine the status of the domain, if the listed registrant is an ex-employee who made a purchase on behalf of a company then the company may be able to discuss options with Nominet.

You may also be able to argue incorrect contact details on the domain and suggest removal from the register on this basis.

 

[Bailey]

Yes, sorry Edwin, I did mean Registrant as in the original owner. They are no longer contactable.

Sounds a bit - presumptuous,

If the domain is still in suspension, and as you say a while until it drops. You can't guide Nominet regarding a transfer. You could raise concerns with Nominet that the 'contact information' is no-longer valid as per Nominets T&C's But that doesn't release the domain control to anyone but the original registrant.

I'm concerned that you feel that you can somehow pre-empt the normal drop cycle - unless there is something not yet explained

 

[stellar73]

If the listed registrant is an ex-employee of a company (and the name was bought with a company address) then presumably someone in the company could work out the likely email address it would have been registered to - or could make an educated guess - and could temporarily re-activate that address or set up catch all forwarding for the domain to avoid the loss of any registrar renewal emails or Nominet emails.

Given that most 'normal' people will never ever log in to their Nominet account it is likely they could then simply follow Nominet's process of logging in for the first time (which basically means entering the relevant email address and getting a password for the Nominet account emailed to that account or via the catch all address)

That's one option anyway....not 100% sure of the legality of it in this case as it depends if Nominet would view the individual registrant as the legal owner as oppose to the company - it is certainly something that might work however.

What else have you done to search for the individual? I sometimes find that searching a person's name in inverted commas followed by the word 'domains' will bring up a list of other domains registered to that person which may help you trace them, ie if they have registered any .com's (which tend to have email addresses in the Whois) or if you know what industry they are in and can trace them via LinkedIn etc....

 

[PaulGregory]

If the domain is suspended because "those currently managing the domain" cannot renew it, you're stuffed. If it's because they don't want to, but could, then they should be able to change the email address via their registrar (people they pay the renewal to) and from there it's as you're used to.

The registrar might not be interested in performing an email address change (and/or they may not have access to an online control panel) if the domain hasn't been renewed.

Obviously it's somewhat dodgy if they were to then log into a Nominet account in the name of some other entity and pretend to be that entity while transferring the domain to you. If the registrant name needs correcting first, that is possible but the domain would need to be renewed first.

 

[Skinner]

Been here before, assuming its not in the people who control the domain NOW's name Or their company name dont touch it, should it be transferred the original named owner can and WILL get it back should they choose too leaving you and those selling it to you open to untold or rather unknown to me criminal proceedings and out of pocket.

 

[Murray]

The key issue is the original registrant is no longer contactable

How is that possible? must be a way to get hold of them unless they're deceased.. or are they?.

 

[PaulGregory]

I think the chief confusion here is whether "original owner" is the same as "current owner". It is entirely possible for an original registrant to transfer a domain to a second party's name without that second party knowing what the email address used is.

As I say, the question is - can the people "currently managing the domain" actually renew it? If you can renew it, you can change the details. If you can't, you can't.

 

[timter51]

The original owner (or at least the owner of the ltd company it is registered to) has apparently vanished like Lord Lucan. Seriously. The company is currently in administration, and it is the administrators I've been speaking to. It's become a bit of a pain the backside to be honest, I think I'll let this one slide.

 

[Bailey]

I see, so you wanted to purchase the domain, as an existing asset from the administrators..

Reads like a case of the legally appointed administrators being the only ones authorised to talk to Nominet - I'd be amazed if Nominet would discuss the actual domain directly with you (except possibly in general terms)

And I guess, the Administrators, would only consider the time and effort worthwhile if you convinced them it was a realizable asset by the size of your Offer.

Even then it's possibly in the T&c's of Nominet that Domains owned by Companies in Administration are deleted, if and when they are wound-up - somebody else here would know the answer to that one.

Working-out the drop date, then booking it with as many Domain-Catchers seems to be your best bet

 

[lee]

The original owner (or at least the owner of the ltd company it is registered to) has apparently vanished like Lord Lucan. Seriously. The company is currently in administration, and it is the administrators I've been speaking to. It's become a bit of a pain the backside to be honest, I think I'll let this one slide.

Can you PM me the name?

 

[Johnp]

Ok

Quick bit of advice, if the administrators have access to the registrar control panel etc. ask them to change the email address to one that you have nominet access to. The domain will magically appear in your domain list and you can registrant transfer it to whoever you want.

For other ideas send me a PM.


JohnP

 

[PaulGregory]

I'm surprised that by now, administrators aren't more on the ball when it comes to domain names. It's often the greatest asset of a dead company.

To turn what John just said (and what I've already said twice) into administrator talk:

Dear Mr Administrator. Please instruct the website people to change the domain name email contact on the Nominet system to xxx. Thank you.

(I would however think that the email should be the administrator's address...)

 

[timter51]

The response I've recently received is that the domain was, in fact, already sold as part of the administration, but the buyer didn't complete the transfer. They said they can't legally sell the domain again (surely if the first sale didn't complete, they haven't "sold" it once now anyway??), and that I am free to register it when it becomes available. Frustrating... I'm going to keep plugging away.

 

[Systreg]

The response I've recently received is that the domain was, in fact, already sold as part of the administration, but the buyer didn't complete the transfer. They said they can't legally sell the domain again (surely if the first sale didn't complete, they haven't "sold" it once now anyway??), and that I am free to register it when it becomes available. Frustrating... I'm going to keep plugging away.

They don't mention about paying for the domain, so when they say it was sold, I take it that the buyer paid for the domain, they wouldn't have sent the transfer if the buyer hadn't already paid for it.

They just didn't complete the transfer, so if they've paid for it as would be a reasonable assumption, regardless of whether they've accepted the transfer or not, it's their domain and the administrators can't sell it again.

 

[PaulGregory]

This recent response appears to contradict the original idea that the "people who manage the domain" couldn't get a transfer initiated. The only way to reconcile this is if the original owner went AWOL at a point during the administration process, after he had personally initiated transfer to the buyer.

Even if you can get this domain transferred to yourself, there is a huge risk of this other buyer turning up in the future. Getting it on the drop is now the only way to get an untainted domain... so walk away from the administrators.

 

[timter51]

This recent response appears to contradict the original idea that the "people who manage the domain" couldn't get a transfer initiated. The only way to reconcile this is if the original owner went AWOL at a point during the administration process, after he had personally initiated transfer to the buyer.

Even if you can get this domain transferred to yourself, there is a huge risk of this other buyer turning up in the future. Getting it on the drop is now the only way to get an untainted domain... so walk away from the administrators.

Hah, never even occurred to me that, thanks Paul! Though I am close to packing this in, I will raise this whole magical disappearance line they originally span. Your last point is correct though, I don't like the sound of this initial sale at all... and does I guess explain their point on not being able to sell again. Drop catch it is... along with hundreds of others.

 

[ScottJ]

The same thing happened to me with pcs.co.uk - contacted administrator, I actually bought the domain from them, then they realised the assets were already sold to someone else and it was included so refunded my money as they couldn't sell it twice. They did however give me the new buyers details and I managed to contact them and buy the domain from the person who bought it from the administrator.

So perhaps ask the administrator for the buyers details who didn't complete on the transfer, it was perhaps as a package with other assets and the domain isn't all that important to them so they may sell it cheap to you and could instruct the administrator to release the domain to yourself.