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Legal advice? (civil case)

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BenR
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PostPosted: 20:30 - 06 Mar 2010    Post subject: Legal advice? (civil case) Reply with quote

Are there any solicitors on BCF? Anyone work in law or for the citizens advice bureau? Up until last year I owned/ran an online car club. Long story short I had had enough of my useless moderation team & their lack of support so gave the site away. Upon doing this I told the people who took it over that there were conditions i.e a criteria part of which was I wanted to keep the email address which was registered to the site. After a brief period after my departure they ignored my criteria so I demanded control of the site back to which they responded by deleting my private/personal email account. At the time I was using an old computer to which I couldn't upload the new version of flash player hence I could not access any other email account. I travelled to my parents in Ilminster (183miles) twice, at £60 a time, as my dad had all the appropriate software in an effort to repair the computer on the last attempt we tried to upload the new version of Mac OSX which was too much & the laptop didn't boot up at all. This left me offline for nearly 4 months while I accrued enough money to buy a new computer. On top of the initial outlay I had ordered a couple of bits for the bike which never turned up but because they were online purchases & registered with the previous email account which no longer existed I couldn't prove the purchases & had to order again. I was never consulted & I have never had an explanation let alone an apology as to why they felt the need to delete the email account & it has caused me a lot of inconvenience & cost me a lot of money. I have recently tracked down the people who I gave the site to on facebook & have told them I intend to take action against them, bit silly I know as I'm not sure if I have a case. So I'm asking the BCF massive as there seem to be a lot of knowledgeable chaps on here do I have a case/claim? What can I do? Sorry for the long post but really need to know. BTW The twats forgot I still owned the domain name so I still pulled the plug. Twisted Evil Any advice/guidance much appreciated cheers. Thumbs Up
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Devils Advocate
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PostPosted: 21:09 - 06 Mar 2010    Post subject: Reply with quote

You gave your website away voluntarily, your choice, and in doing so you relinquished all rights to it.If the new owners have copies of emails in which you have said you no longer want it and it's now theirs, and they have then spent some money on the site, you have no right to pull the plug because they didnt want you on there anymore.
If they wanted to they could sue you for their losses, hassles, and legal fees....you dont have a leg to stand on if they have proofof you transfering ownership.

I'm no legal expert but it doesnt take a genius to figure it out. Wink
You didnt want it anyway, so leave it alone. Thumbs Up
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BenR
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PostPosted: 21:18 - 06 Mar 2010    Post subject: Reply with quote

Thanks for the reply, they can't sue me because I still owned the domains therefore I could just tell any court that the domains were mine I can do what I like with them. The thing is is I'm nearly £600 out of pocket which I need back. Sad At the end of the day they had no right to delete my email account.
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Gawain
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PostPosted: 06:46 - 07 Mar 2010    Post subject: Reply with quote

Walk. Away.
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bazza
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Joined: 27 Aug 2004
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PostPosted: 10:58 - 07 Mar 2010    Post subject: Reply with quote

BenR wrote:
Long story short ... I gave the site away


Fair enough. Although your whole story has a whiff of rodent about it.

BenR wrote:
they had no right to delete my email account.


If it's now their site they can do what they want.
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Devils Advocate
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PostPosted: 12:21 - 07 Mar 2010    Post subject: Reply with quote

BenR wrote:
Thanks for the reply, they can't sue me because I still owned the domains therefore I could just tell any court that the domains were mine I can do what I like with them.


If you talk to the CAB or a solicitor,i think you will find you're wrong about that.
Without knowing exactly what you said to the new owners,and what proof they have in relation to being the new site owners, its hard to give you a concrete answer.


BenR wrote:
The thing is is I'm nearly £600 out of pocket which I need back.


But whos fault is that? yours or the new owners?


BenR wrote:
At the end of the day they had no right to delete my email account.


Wrong again.If they own the site, they can do whatever they want with it unless you had specifically said one of the conditions was that they could never remove or ban you.

You clearly didn't think this through properly did you and now you're trying to blame someone else for your own mistakes.
Cut your losses and move on, or pull the plug on their website and see what happens.
600 quid is a drop in the ocean compared to what the new owners could get from you if they pursued legal action.


Last edited by Devils Advocate on 12:24 - 07 Mar 2010; edited 1 time in total
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syl
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PostPosted: 12:21 - 07 Mar 2010    Post subject: Reply with quote

If you still own the domains, as you say, point the MX record somewhere else that will receive your mail for you. Job done.
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BenR
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PostPosted: 13:28 - 07 Mar 2010    Post subject: Reply with quote

Devils Advocate wrote:



BenR wrote:
The thing is is I'm nearly £600 out of pocket which I need back.


But whos fault is that? yours or the new owners?


BenR wrote:
At the end of the day they had no right to delete my email account.


Wrong again.If they own the site, they can do whatever they want with it unless you had specifically said one of the conditions was that they could never remove or ban you.


It's their fault that I'm £600 out of pocket obviously as they deleted the account for no reason. It was money I didn't have to pay out. I'm sorry but deleting someones personal/private email is a shitty thing to do they could've at least consulted me before doing it which they didn't. The question of ownership of the site is also a grey area as I didn't sell them the site I permitted them to take over the running of it.

Devils Advocate wrote:

You clearly didn't think this through properly did you and now you're trying to blame someone else for your own mistakes.
Cut your losses and move on, or pull the plug on their website and see what happens.
600 quid is a drop in the ocean compared to what the new owners could get from you if they pursued legal action.


I have already pulled the plug as I said in the original post & what can they sue me for ? They don't have a case the domains belonged to me so if I want to use them "elsewhere" I have every right to do so.
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BenR
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PostPosted: 13:32 - 07 Mar 2010    Post subject: Reply with quote

No More Names ...... wrote:
and no one is offline for 4 months, were you in mongolia .. ffs .. Rolling Eyes



You obviously didn't read the original post, but yes I'm inclined to agree with all of you it isn't worth the hassle. Thanks everyone for your replies.
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Ste
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Joined: 01 Sep 2002
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PostPosted: 13:36 - 07 Mar 2010    Post subject: Re: Legal advice? (civil case) Reply with quote

BenR wrote:
At the time I was using an old computer to which I couldn't upload the new version of flash player hence I could not access any other email account.

How does not having the 'new version' of flash player stop you from accessing other email accounts?
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BenR
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PostPosted: 13:42 - 07 Mar 2010    Post subject: Reply with quote

Because those websites required the new version of flash to work/function properly.
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Fortuna
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PostPosted: 16:32 - 07 Mar 2010    Post subject: Reply with quote

Actually, you formed a civil contract by asking them if you could keep the email address as part of the transfer. If that's broken they have broken a civil contract......which is notoriously hard to prove.
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