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I have a problem with client need help.


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Hi

 

I have a problem with a client that has a outstanding account with me £200 but i have been trying to contact him now for about 4 month's with now reply and he has about 9 domains with me and they had site but they have been now removed and I can not send him any backup's of his site due to mail boxes (not mail box;s on my server but others) I am storing them.

I did get a reply once but it was not from him but his partner and I had put to him that to cover /recover the outstanding account that he could turn over the domain names to me so i could sell then to cover the amount outstanding and his partner said "Yes do that" but that was all that was said in the email.

 

Now my question is as it was not him and i have been trying to contact him ref this can I now just change the 9 domain name in to my name and then try and sell them?

 

all 9 domain names are within one of my domain reseller account

 

Any help on this would be good.

Edited by thehost5968
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no, you cant just change the domain names into your ownership.

 

the registrant has an agreement with the registry regarding those domains, so unless you want to find yourself on the wrong end of an expensive county court claim, dont touch them.

 

if their hosting or whatever is overdue, follow whatever it says in your T&C's to do ...

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Exactly right. The partner can't give you permission either, unless it's his name on the registrations and you get it in writing (not via email or over the phone). I'd suggest it was your own fault for letting him get so deeply in your debt without shutting the account off, and that you should simply let the names expire.

Lesson learned.

 

Sue him to recover losses.

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one thing, if he has access to the domains ( can transfer them out) then i suggest you lock these, so that until he pays up he cannot transfer the domains to another provider

 

The OP did not say that payment due was related to domain names.

 

If it is for hosting, server, design, etc., then he CANNOT hold the domains from being transfered. Don't we all know this by now :?

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ooh

No I did not but do know, Thanks for the head's up on that.

Well cost of hosting is included but the plan he was (he has not stopped the service as of yet still) on was also including domain management with it.

 

But I take all this on board and will just take the hit this time.

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The OP did not say that payment due was related to domain names.

 

If it is for hosting, server, design, etc., then he CANNOT hold the domains from being transfered. Don't we all know this by now :?

 

Yes you can according to Nominet and ICANN, if the are held in a registar account run by you, you can lock these domains from beiong transferred if the clients has ANY outstanding invoices with you. i checked this out.

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Yes you can according to Nominet and ICANN, if the are held in a registar account run by you, you can lock these domains from beiong transferred if the clients has ANY outstanding invoices with you. i checked this out.

 

Cite your source with a link, please. This would be like repossessing someone's car if their house payment was late, and sounds like a misunderstanding.

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This would be like repossessing someone's car if their house payment was late,

 

This can happen here in the UK it's just the banks do not tell the client/s they can but Yes it can happen and I bet you it can happen in the US also!

Like always need to read very very small print.

Edited by thehost5968
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I bet you it can happen in the US also!

Like always need to read very very small print.

No, it can't. A defaulted loan on your house is not something that they can take your car away for. The only possible way is if the car was collateral for the loan.

 

Back on topic, please. That was just an example. ;)

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Yes you can according to Nominet and ICANN, if the are held in a registar account run by you, you can lock these domains from beiong transferred if the clients has ANY outstanding invoices with you. i checked this out.

 

Then you "checked it out" wrog :P

 

You *cannot* withhold a domain transfer for outstanding invoices - from the iCANN transfer policy http://www.icann.org/en/transfers/policy-12jul04.htm

in the event of a dispute over payment, the Registrar of Record must not employ transfer processes as a mechanism to secure payment for services from a Registered Name Holder.

and

Instances when the requested change of Registrar may not be denied include, but are not limited to:

General payment defaults between Registrar and business partners / affiliates

 

Similarly Nominet repeatedly state you cannot prevent a transfer to another tag-holder over invoices for other services (and that you shouldnt register .uks on "credit" for exactly that reason.

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