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Senior Partner
Senior Partner, Solicitor
Category: UK Employment Law
Satisfied Customers: 13246
Experience:  30 years experience
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I have registered domains with Mochahost and all my invoices

Customer Question

I have registered domains with Mochahost and all my invoices are paid since 2007 but just now I came to know even after all paid invoices my domains are expired and they charged me for nothing. Guide me if I can sue them


can I sue them in UK or do I need to sue them in USA

Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. You could sue them in the UK if you are resident here but any judgement would have to be enforced in the US. You would also need leave of the court to serve proceedings outside the UK.

If you paid be credit card you would be better off claiming against your credit card company.
Customer: replied 1 year ago.

Actually it is not possible to get these unique domain names and second thing is a trust which i had on them that all my domains are renewed and on my name. which are now taken by some one else.


and I want to sue them so they can pay me large amount for misconduct

Expert:  Senior Partner replied 1 year ago.
I understand the point but if you have the evidence and you paid by credit card, the credit card company is liable to you in the same way as the service provider assuming you are a consumer.

If you want to sue them direct you would be better off doing it in the us. There is the possibility of punitive damages which you cannot get here - in the UK you would have to show financial loss which can be difficult with domain names. You cannot get compensation in the UK for anything other than the actual loss you can establish i.e. the fees paid and the value if any of the domain names you have lost.

So to get damages for their incompetence etc you need to go the US but it could be expensive and you cannot recover your legal costs there.


Customer: replied 1 year ago.

For evidence I have my paid invoices on hosting company billing system which they are not denying or deny. Second just now I had chat with billing support which also confirm mistake on their end. In past also I lost few domains because they did not updated billing system even after paid invoices.


In this sentence they are lazy or doing purposely charging customers for nothing.

Expert:  Senior Partner replied 1 year ago.
OK well as long as you have the evidence then you will have a good claim but as I say I think you need to sue in the US. I would look for a lawyer local to them

Customer: replied 1 year ago.

I don't mind sue them in US until I am sure that I will be winning and getting enough money for me and my lawyer.

Expert:  Senior Partner replied 1 year ago.
I would put together all the emails bills etc and contact a local litigation lawyer in the US where they are based. Check he does not have a conflict i.e. act for them and ask for a fee estimate up front.
Customer: replied 1 year ago.

That can be really Cool because I am really disappointed with the service they have given to me and many other customers.

Expert:  Senior Partner replied 1 year ago.
OK good luck with this.
Customer: replied 1 year ago.

Guide me how to proceed ?


 

Expert:  Senior Partner replied 1 year ago.
I though I just did. Get all the docs together and then find a litigation lawyer local to Mochahost. I cant recommend a law firm I am afraid. You will have to look on the internet. Email a few and ask them if they will act and give you a quote. You could also try the local british chamber fof commerce for a recommendation.
Customer: replied 1 year ago.

Thanks Kind of you

Expert:  Senior Partner replied 1 year ago.
Good luck I hope you succeed

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