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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4643
Experience:  Solicitor
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My company bought a web domain ... my business partner paid

Customer Question

my company bought a web domain ... my business partner paid for it with his credit card i think but we refunded him the money..
the company has since been dissolved but he is still using the web domain.. it is a very valuable asset and realistically should have been included in the liquidation...
for him to be using it now is misleading as it suggests we are still trading and i would expect him to pay me as the fifty percent partner for use of this domain..
what legal action can i take and where do we stand...
the domain was inuse for five years and every email and correspondence was including this domain
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
thanks ben
Customer: replied 1 year ago.
ok
Expert:  Ben Jones replied 1 year ago.

Hi there. Apologies for the delay. How long ago was this purchased?

Customer: replied 1 year ago.
ok.. so the domain.. was purchased in 2012
Customer: replied 1 year ago.
the company wound up in 2015
Customer: replied 1 year ago.
the domain was purchased in 2012
Customer: replied 1 year ago.
my business partner open a new company in virtually the same name..and is using the domain
Expert:  Ben Jones replied 1 year ago.

Hi there. I will need to opt out of this question so that another expert better placed in this matter can assist you. Thank you

Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

I assume you want the domain name?

Customer: replied 1 year ago.
hi jamie... i am happy for him to use the domain,, but i would expect payment from him ...he has hidden the asset from the liquidator... but i would expect payment if he using the domain commercially
Expert:  Jamie-Law replied 1 year ago.

did the wound up company have creditors?

Customer: replied 1 year ago.
mmm... he handled the liquidation and i believe he made himself a creditor..
Expert:  Jamie-Law replied 1 year ago.

So no official liquidator was appointed?

Customer: replied 1 year ago.
aabrs
Expert:  Jamie-Law replied 1 year ago.

if it was your company as well, you would know whether he made himself a creditor?

Customer: replied 1 year ago.
i was informed by the liquidator but was not aware how financially he did this
Expert:  Jamie-Law replied 1 year ago.

Ok - sadly there is not much you can do yourself.

It is the Liquidator that should be charging for the domain. It may be that it was sold by the Liquidator to him. If that is the case then unless his claim as a creditor was fraudulent there is not much you can do.

But in any event, the Liquidator would have to take action - not you.

Its a matter between the Liquidator and him. You could have challenged him as a creditor earlier on but in any event the Liquidator wont take anyone's word for it - they will want evidence of any debt.

But go back to the Liquidator and point out your concerns. They may be able to take action

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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