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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was verbally given a business in Aug '14. The owner at

Resolved Question:

Hi
I was verbally given a business in Aug '14. The owner at the time had let it go and just held the website address and was not doing any work under the business' name.
I have ran the business very successfully for nearly two years now and wanted to update my website to better represent the business.
My details were on the old website and I just wanted to apply the new site to the original domain. I was told by the nephew (who holds the .co.uk name) of the old owner that he is refusing to sell it to me and has since changed the details to his own.
Meaning i haven't had a call in 7 days whereas I was getting between 5-8 a DAY.
I have no idea where I stand on this and I am devastated. any advice would be greatly appreciated, thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Has any reason been given for this? Did the deal include the domain name as well?Alex
Customer: replied 1 year ago.
i've just paid £47 for that response, im sorry, its cheaper for me to go and see one at that rate!
Expert:  Ash replied 1 year ago.
No, I have just asked for more information.
Expert:  Ash replied 1 year ago.
Its a one off fee. I need this information before I can prepare my response
Customer: replied 1 year ago.
ok.
well he has given no reason that he wanted to keep it or start up again, he hates doing it, thats why he gave it to me, His nephew however, thinks that he is going to run it after seeing me succeed I guess,
He said he didnt wat to let the domain name go as "it ranks highest on google search" to which my reply was that its my business that kept it there, I have two years worth of books from this business and have applied for the trademark on the logo, too.
Expert:  Ash replied 1 year ago.
Ok - it sounds like you need an emergency injunction. You need to this back to you asap.You need to complete form N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe Court will list the matter for urgent hearing and decide whether to make an order to have the domain transferred back. After the emergency hearing it will be set down for a final hearing where the old owner can make representations as to why he can keep it. A Judge would then decide whether it was an asset that you purchased.But if you want urgent action, that is what you need to do. If the Court orders he transfers it and refuses this is contempt of Court which he could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
ok, but i never owned the origional domain name, hes always owned it
Expert:  Ash replied 1 year ago.
Yes but if it was an asset of the business (that is what you are arguing) the it belongs to you.Otherwise you have no claim.Does that clarify?Alex
Customer: replied 1 year ago.
ahh I see, even though we verbally agreed on the business, its still part of my business.
does a verbal agreement stand up in court?
Expert:  Ash replied 1 year ago.
Yes it does. Does that clarify? Alex
Customer: replied 1 year ago.
yes thanks i guess it does
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Customer: replied 1 year ago.
ok thanks for your help, at least i know im in the right i guess.
I will do that
Expert:  Ash replied 1 year ago.
Thanks very much. Good luck. Alex
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