Stolen domain!

[Reddy]

Should a Nominet transfer fee have been payable when the Registrant Name was changed? If so, who paid it?

 

[GlasgowBob]

As much as I like DM and still use I was concerned one time when they renewed one of my domains when it was suspended because they had a new owner lined up.

Even though i was letting it drop I felt it was underhand and a conflict of interest in the the domain dropping process.

According to DM all registrars "take first pick" and Nom say it is down to T&C.

Was this an official response from Nominet in writing?

Grant

It was what I would call an informal email from nominet, I don't think they have an official stance as he also said in the email that their legal team were currently looking into the situation - which I think has been repeated to a few other members on here.

Glad you got it sorted GDG... kind of.

 

[retired_member16]

I checked the whois, golddiggerguy was the Registrant. The contact details where NOT displayed - opt-out: Y

I logged into my Domain Monster account and the domain name was there. I actioned a TAG change through their panel to my one.

My thoughts were that Domain Monster had slipped up and incorrectly registered the domain to the wrong individual. I initiated a Registrant transfer to myself.

At no point did I change the contact administration details and email address to this domain name. I am prepared to sign a sworn affidavit.

So it had the wrong registrant but your email address?

 

[retired_member12]

This also reminds me of the 'oyster' incident, again I believe if one party has a justifiable gripe, then go to Court, a small claims is next to nothing in real terms costs.

 

[dragon]

This also reminds me of the 'oyster' incident, again I believe if one party has a justifiable gripe, then go to Court, a small claims is next to nothing in real terms costs.

Thought someone would bring this up lol

 

[GreyWing]

This also reminds me of the 'oyster' incident, again I believe if one party has a justifiable gripe, then go to Court, a small claims is next to nothing in real terms costs.

Little bit different though (not going into the rights and wrongs of that) as Denys cancelled it, he never clicked anything to misrepresent that he was the legal owner.

 

[Ashton]

So....

Foz booked the domain first.
GDG also booked it.
This wasn't picked up before the drop.
The drop happened and the domain was regged to Foz with GDG's Whois info.
Foz switched it to his info (since the domain was his).
GDG posted this thread.
GDG now has the domain.

Looks like Foz has been done an injustice here :/ I dont think there is anything underhand, just a flaw in the system that wasn't picked up on. @DM; I think perhaps offering Foz some reg fee only catches or something might be a good gesture?

Please let us know your plan to fix it (As soon as a backorder is in the cart lock that domain from backorder for a few minute interval?)

 

[rob]

- The drop happened and the domain was regged to Foz with GDG's Whois info.

- Foz switched it to his info (since the domain was his).

The domain was not registered to Foz though, it was registered to someone else?

Likewise its not 'switching' info ie. address update or the like, its clicking "I agree" to:

I am the registrant, or I am authorised by the registrant of the domain names specified in this transfer, and I am authorised to transfer them to a new registrant.

Which was not the case as Foz was not the registrant?

 

[Ashton]

Thanks for correcting me, just wondering:

Foz said he changed the tag through the DM admin panel? Would he have seen that there?

 

[monaghan]

Not defending anyone here, but...

If I'm invoiced for the domain and the invoice is paid and there's a mistake on the registrant field then am I not the owner of the domain as I've paid my bill in good faith?

What about the newbies who just push a domain from 1 account to another after a sale, is the payee also guilty of the same action if they invoke a change?

What about the reports of suspended domains being pulled from customers of some registrars and sold to waiting bidders?

Surely these are all the same registrant changes being made to the domain in the same way and if 1 person / company are wrong for doing so, then all should be treated the same? Money has changed hands in each case for the domain.

 

[cm1975]

If I'm invoiced for the domain and the invoice is paid and there's a mistake on the registrant field then am I not the owner of the domain as I've paid my bill in good faith?

No. Your first point of call would be the Registrar used. I've heard of people losing domains having "regged" with 123reg, because of the delay that exists there. Now obviously the circumstances there are slightly different, as it's likely to be two different registrars, but the principle is kind of the same and the first place you would complain would be 123reg .... no???

 

[monaghan]

As I said, I'm not defending anyone (I'm sure both are decent guys), I've not read the small print of the service involved, but if I'm sold a service and invoiced for it and payment is accepted, then surely I shouldn't expect it to then be taken away from me due to a clerical error?

If I've not been invoiced and / or paid for the service, then that is a different issue.

This incident is unfortunate and I'm sure will be discussed for many days to come, but in my opinion the domain in question should reside with the party who were invoiced and the supplier should be sorting out the paperwork and fireworks as a result of the error in their system.

 

[dotNetFreak]

I would have thought that the easiest thing to have done was for Nominet to reverse the transfer so it went back into GDG's name (rolling back the clock) and for DM to have then signed an indemnity with Nominet for the whois to have been corrected to Foz as it was them who made the mistake in the first place causing the situation to arise.

If Foz hadn't transferred the domain name and had contacted DM pointing out the mistake it's what they should have done anyhow.

I'm struggling to understand how DM can state publicly that the domain name was with the correct owner (Foz) and now it is with GDG.

At the end of the day, people do make mistakes and it's been an unfortunate set of circumstances for all concerned.

 

[ABCV]

A good ending to a bad start.

If I haven't missed it already, can we know the domain name involved now?