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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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My Joomla website. My domain name. The expert I asked to help

Resolved Question:

My Joomla website. My domain name. The expert I asked to help turned out to be a problem. Very rude and didn't consult with me for modules etc. and basically would not let me update the site without criticising all I did! He claimed I was nuts and sent me and friends medical links concerning brain lesions etc. Culminated in me as Super Admin to change his Super Admin to Registered . He, however, is a 'reseller' for Heart Internet and the website is hosted through him. He used the CPanel of his hosting business to get into the back end and changed the code and set himself up again as Super Admin. He knocked me out! Heart has requested him to give the domain name back to me but he has stripped out most of the content of the website! His intention is to publish the info on another domain name.
I have various 'written' info in which he admits this action of taking over the website including one on Twitter ‘Rex mate, your ‘plan’ is not going to work! How cool is it for you to be sacked – from your own project/party?’ HELP!
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
To go back to basics who have you contracted with in this scenario and have they failed to deliver what you have asked them to?
Customer: replied 1 year ago.


Not too clear on your answer and what you want me to say!

I have only contacted Heart Internet and the reply is as above in 'Already Tried'. The domain name is ***** ***** me and they only have to give the 'expert' 7 days to let them have it!

The following is all I know and is in the original question.

'Heart has requested him to give the domain name back to me but he has stripped out most of the content of the website! His intention is to publish the info on another domain name'.

The 'expert' has told me that I am welcome to the domain name and website but he has stripped out most of the content.

I do not want him to publish the website content under another domain name because he hacked into the site and cut me out! Is it not illegal to use your position of trust - cpanel of reseller of Heart to get into a website even though you have done work on it but have been excluded. Under normal conditions you would not be able to get back into the site because you have no longer the Super Admin Group power?

Jenny - I keep putting in my e-mail address as***@******.*** but it keeps coming back as registered to someone else! This is my e-mail address so I can't update it to something that I do not have! Is it possible that I may have tried to use JustAnswer in the past and aborted the query before sending it??? Might be?

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this,l
Who owns the domain, you or them?
Customer: replied 1 year ago.

The domain name is ***** ***** me and Heart Internet have checked this and have obtained it from the 'expert'.

He has also given the website back but stripped down. Sorry but this already been advised.

Also note that my e-mail address is***@******.*** and I mentioned this as an amendment to the previous communication...

Expert:  Ash replied 1 year ago.
Sure. Have they said why they refuse to transfer it to you?
Just to be clear, the domain is in your name?
Customer: replied 1 year ago.

Domain is in my name and the website was written around the domain name. Not easy to give a short reason - far more complicated!

I invited this 'expert' web designer to assist on technical side whilst I would write the 'pages' or content. Initially started OK but then over a period of months my Mum 92/93 had to visit hospital 3 times for a heart attack and two falls. He kept putting pressure on me to follow a learning curve on Twitter, Facebook and Evernote. I was for a considerable time visiting Mum and could not comply. He became very rude, harassing and started to send me and friends links to brain lesions and medical literature on Appearance of Frontal Sinus Barotrauma saying that I should see a doctor! His continued rude harassment and put downs eventually was too much! He said that I was letting the side down because I was not doing anything and I told him I would not comply with his demands that I should do everything he said! This got very bad and when he said he would cut me off the website I did it first. However, being the expert he is and being a 'reseller' of webspace for Heart Internet he used his cpanel on the hosting to get in the website and change the code to allow him in whereupon he cut me out!

That is the story briefly and I have loads of e-mails where he has said all of the foregoing and what he was going to do - please read in conjunction with what I have said previoulsly. He knows that normally once you get deleted from a website you cannot get back in; he knows how to and I believe he has used a position of trust to achieve his aims of taking over the website for his own gains. He has paid a lot of money installing modules to the site and I have asked him not to do so and let me have details so I can either pay him or delete the items. He won't tell me and he won't charge me for the domain yearly cost or his hosting costs. He says I have been a friend and he won't do that. (No longer friends).

I have the paperwork which shows it was my initiation of the domain name and the website and my invitation, at the time, for his help going forward!

I'm sure I have missed something in this quick note and also please note that I am going up Sutton Coldfield for a funeral early tomorrow morning and will not be able to talk you until, at least, Wednesday morning...

The domain name is ***** *****


Expert:  Ash replied 1 year ago.
Ok, so you have the domain but not the source code?
Customer: replied 1 year ago.

According to Heart Internet I have the domain back and the website -

After this note I will send you another...

Expert:  Ash replied 1 year ago.
Customer: replied 1 year ago.

Hope you can see what I just sent as I can't see it now!

I would reiterate that Mr Pine is only giving me back the website because he has copied it, and deleted his stuff, He will then use the content to set up another website and just continue as before totally under his own name.

If I am going to continue, I have to populate the stripped down website and eventually publish! Basically we will have two websites doing the same job.

Here is another for you - and I have another one after -

Expert:  Ash replied 1 year ago.
Ok, so in short what is it you want to achieve ?
Customer: replied 1 year ago.


I have achieved two of the things I wanted!

1/ I have the domain name with Heart under my own account so it is now safe from Robin Pine.

2/ I have the website also but as I expected he has copied it and will republish in the near future under his own domain name. When he does this he will use the content from my website and the format etc. In effect he has not given me back my website intact - just stripped down!

This now leads on to my wishes to make any action positive -

1/ I would want a 'stop' put on him to prevent him using the content of the website in one of his own.

2/ I wish to know whether he is in breach of the law in respect of using his expert knowledge related to his 'reseller' position with Heart Internet to steal the website off me; he knows very well that I should have the site and what I did to exclude him should have been the end of the matter!

Again, I would say, that I have evidence of his accepting that the website and the domain name are mine! Ultimately he should not be in a position of having them or being able to publish any content, from them, elsewhere. If he shouldn't have used his 'reseller' tools to steal the website what do we call that please?

I can't get into the stripped down website as he has changed the password ***** I will have to talk to Heart to get me into the 'backend' (like he did - as far as I am concerned, illegally)!

Here is the final attachment that I want to send to you at this moment -

(this confirms that he will republish my content).

Please confirm that you are seeing all the attachments I am sending.


Expert:  Ash replied 1 year ago.
You want an injunction to stop him?
Customer: replied 1 year ago.


I think you understand the points of this enquiry now and where I stand, and of course, I don't want people to take what is mine!

I would like a summary of the law position that you determine from the information I have given you.

However, I am on a pension and money doesn't exude from me!

I would have to consider very carefully any action I take and ultimately I would have to take out a loan to proceed - I will have to assess the costs...


Expert:  Ash replied 1 year ago.
OK. You need to get a Solicitor to write and ask this person to stop what they are doing taking your work or say you will take out an injunction
If they refuse then you need to issue proceedings using form N1
And Form N16a
The Court will issue the claim and decide whether to make an injunction. If the Court does grant an injunction and it is breached then the person(s) doing it will be guilty of contempt of Court. They can be warned, fined or sent to prison
If you win the injunction any legal costs you have spent to date can be awarded to be paid to you by the other side.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.


This appears to be just about over!

I have acknowledged the disclaimer and understand your situation in respect of further action.

However, there are a couple of questions that I would like answering please.

1/ Could you clarify the position in respect of Robin Pine using his position as a 'reseller' to obtain access and the take-over of my website please?

How does this stand in law and what would you call this please? I see this as being very important!

2/ How do you see my chances of a positive or negative result if I consult with a solicitor to take this further please?

I see these two questions as being important to my decision going forward...


Expert:  Ash replied 1 year ago.
1) Its your website so he can't take it over!
2) I think your chances are positive.
Does that help Rex?
Customer: replied 1 year ago.


Yes! I think that just about does it!

I will get things moving now.

I will rate you tops and also would like to thank all others that have contributed to this matter.

One point concerns me and that is my e-mail address that you keep coming back and saying - 'This e-mail address was used to register another member'. I therefore have not received any e-mails from you. I have had this address for about 9 years now so I am mystified, If I wish to employ your services in the future I would like this one point sorted please. Why not send a test message to me and lets see if I get it; you would then know it is my address - thanks to everyone -

Expert:  Ash replied 1 year ago.
If I could ask you to contact customer services about that please? I can only see questions.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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