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DomCollect Sued along with 1&1 for HiJacking Domains MY UPDATE!

Discussion in 'Domain Name Scams' started by newly listed!, Aug 23, 2012.

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  1. newly listed!

    newly listed! Active Member

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    DomCollect Sued along with 1&1 for HiJacking Domains MY PRESS RELEASE UPDATE!

    PRESS RELEASE STATEMENT IN THE PUBLIC'S BEST INTERESTS UNDER EUROPEAN CONSUMER PROTECTION.

    Hi all,

    This is just a quick update regarding my previous stated hijacking of a number of my domains names by DomCollect AG with the help of 1and1.

    As meantioned previously DomCollect provided me with a gagging order settlement agreement of which i was far from impressed with. This twisted the whole situation in their favour when i was the injured party due proven damages.

    Here is how i have sued 1and1 and DomCollect for £14,999 cash damages and compensation for hijacking my domains and trying to blackmail me with a gagging order in order to be eligible to have my legally due compensation settlement payment.

    (i will post a link direct to this gagging order when i upload it later for all of you to read)

    I went ahead at looked into DomCollect AG, their registered office address is:

    DomCollect WIP AG.
    Zeughausgasse 9a,
    6300 Zug,
    Switzerland.

    This is a way that they use to try and base themselves out of simple EU jurisdiction but it didnt work and here's how i got around it all and here is how you can too.

    I found the following helpful info of which is now really useful to all who are ever cheated by them and want to sue:

    1&1 Internet, founded in 1988, is a web hosting company owned by United Internet, a German Internet company.

    Sedo is a brand of United Internet AG.

    DomCollect AG (member of United Internet).

    DomCollect is a subsidiary of Sedo.

    Domains from 1and1 are moved into the hands of their other companies Sedo/DomCollect.

    I then went ahead and served 3 court claims against the holding company 'United Internet AG' at the following address:

    UNITED INTERNET AG
    Elgendorfer Straße 57
    D-56410 Montabaur
    GERMANY


    Each claim for for £4,999.99 in damages and compensation.

    The deadline passed without any defence being provided or response to deny the cases. UK court judgment was requested and automatically wins on the grounds of "the defendant has not filed an admission or defence to my claim or an application to contest the courts jurisdiction" this was due to no response/their ignorance.

    The defedant United Internet AG cannot contest the courts jurisdiction either as they are based in a "Member State" ie. within the EU.

    £14,999.97 in total judgments awarded this is in 3x £4,999.99 totals against 'United Internet AG' due to the neglectful actions of two or you could say three of their owned brands. DOMCOLLECT/SEDO/1AND1

    Just proves that their is no escaping justice at all as 'United Internet AG' is the overall umbrella company to each defendant.

    Then with automatic winning judgments in hand you simply apply for a "European Order for Payment/European Enforcement Orders (EEO)" with your provided evidence of 'judgments by default' obtained and simply send the court bailiffs. If it was an individual that you where suing they might say that want an attachment of earnings as they cant afford payment but with such a company its a one single debt payment or bailiffs just simply walk straight in their offices and start removing their office goods. This has been pretty straightforward and simple to say the least.

    I hope that this helps any future mislead or cheated individuals and this is how to go about getting your due damages! I am updating my website with a full guide on how to go about this suing process against DomCollect step by step and ill also provide examples and copies of all of my court application documents and show exactly how i compiled the evidence. You will also be able to view the complete DomCollect AG gagging order there too

    Do not be scared of companies ripping you off, you have legal rights as a consumer regardless of where they try to hide in order to avoid any court jurisdiction.

    At the end of the day, it didnt ever have to come to this. All they had to do was settle for their neglectful mistakes of which they tried hard not to do.

    Thanks for reading all!

    THIS PRESS RELEASE HAS BEEN POSTED IN THE PUBLIC'S BEST INTERESTS UNDER EUROPEAN CONSUMER PROTECTION.
     
    • Like Like x 1
    Last edited: Aug 24, 2012
  2. Domain Forum

    Acorn Domains Elite Member

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    articles.co.uk
     
  3. retired_member36

    retired_member36 Retired Member

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  4. mojoco United Kingdom

    mojoco Well-Known Member

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  5. Alien

    Alien Well-Known Member

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    Well Done You! :D

    Domcollect are still 'tasting' suspended domains via registrars on their NS before poss. catches (e.g. FASTHOSTS) - it's outrageous.
     
  6. noonoo1

    noonoo1 Retired Member

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    Perhaps you could send this to thedomains (dot)com

    Great information, well done. :)
     
  7. foz

    foz Well-Known Member Exclusive Member

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    So if they don't pay the bailiff will seize company property?

    How long do you think it will be to receive any type of monetary payout?
     
  8. bulkcorn

    bulkcorn Active Member

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    Well done!
     
  9. mojoco United Kingdom

    mojoco Well-Known Member

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    I would send notification with supporting evidence if possible to as many Domain forums and blogs as possible, do your best to make sure that as many people as possible get to read the facts.
     
  10. Retired_member41

    Retired_member41 Retired Member

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    So if they don't pay the bailiff will seize company property? YES, they can turn up day or night and just take goods that will sell to the value at auction. So a 15k debt would see them having say £150k worth of stuff taken.



    So why are they still members here if they are proven domain robbers?
     
    Last edited: Aug 23, 2012
  11. khalid

    khalid Well-Known Member

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    Great result, get it out there!
     
  12. Pred United Kingdom

    Pred Well-Known Member

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    sedo deserve this

    I would pay to watch a video of when the bailliffs turn up
     
  13. newly listed!

    newly listed! Active Member

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    I would like to say a big thank you for all who have replied, i am very surprised in the interest my story has got! Was a great sight seeing all of the support messages, thank you!



    Just about to type an email up and fire it over to them later, as you suggested! Thanks mate!





    That is my exact plan! Press release is going out to all domain blogs along with a full high definition scan of the 'hush gagging order' that they tried to use as a 'settlement agreement'. You would not believe what it stated, it basically twisted the whole situation in their favour, plus far worse clauses, when i was the injured party!



    Probably because such people do like to 'creep about' online. Put it this way DomCollect specialise in obtaining and compiling their own 'premium domain portfolio' as stated on their website. Any DomCollect people on here are just scouting and trying to look friendly i guess?

    Also yeah £150k in bailiff seizures is about right if they let it get that far, which would not surpirse me. That would then be their own further fault and negligence!


    I was actually thinking to make sure that i get a flight out to attend any planned seizures/on the spot payment if they do not pay the debt before it goes that far so i may actually record it for my press releases online! Great idea that!


    MY PRESS RELEASE UPDATE FOR LEGAL PURPOSES:

    I ALSO WOULD LIKE TO POINT OUT THAT I AM NOT SAYING THAT THEY ARE GUILTY ALL OF THE TIME IN RELATION TO SUCH PRACTICES, THAT IS FOR THE GENERAL PUBLIC TO DECIDE ON BASED ON MY STORY AND THEIR OWN EXPERIENCES.

    IN MY CASE, I HAD FULLY AND PROVEN TO HAVE PAID FOR FULL REGISTRATION OF A HANDFUL OF THE 'CHERRY PICKED' DOMAINS IN QUESTION OUT OF MY ACCOUNT OF ABOUT 100 DOMAINS REGISTERED AT 1AND1.

    NOW FAR BEFORE ANY EXPIRY OF WHICH I HAD LEGALLY PAID ALL THE WAY UP UNTIL AND FOR, I NOTICED THAT DOMCOLLECT AG HAD FULL WHOIS SERVER CONTROL AND OWNERSHIP/REGISTRANT DETAILS = 'FULL HIJACK'. PLUS THEY WHERE 'TASING' MY DOMAINS WITH THEIR PARENT COMPANY'S SEDO'S PARKED LANDING PAGES IN ORDER TO 'REVIEW' IF THEY WANTED TO KEEP THEM FOR THEIR OWN 'PREMIUM DOMAIN PORTFOLIO' THAT THEY ARE BUILDING UP FOR THEMSELVES, I GUESS. THIS WAS ALL WITHOUT MY EXPRESS AND OUTRIGHT WRITTEN PERMISSION OF 'PLAYING AROUND' WITH MY LEGALLY DUE/OWNED ASSETS. I THEN SIMPLY WENT ON TO GOOGLE FOR CACHED PAGES OF THESE CHERRY PICKED DOMAINS AND COULD SCREENSHOT EVIDENCE OF THEM PARKING MY ASSETS FOR THEIR OWN FINANCIAL GAIN = THEFT OF ANY PPC REVENUES THAT WHERE LEGALLY DUE MINE.

    I SIMPLY HEADED OVER TO DOMAINTOOLS.COM AND PAID FOR BASIC TRIAL MEMBERSHIP AND VIEWED ALL HISTORIC NAMESERVER CHANGE UPDATES FOR EACH OF MY HIJACKED DOMAINS. THIS THEN SHOWED ME EXACTLY WHEN DOMCOLLECT CHANGED MY WHOIS OVER TO THEIR OWNERSHIP DETAILS AND MOVED THE DOMAINS SERVERS TO THE DOMCOLLECT SERVERS OF WHICH SIMPLY DISPLAYED SEDO PARKED PAGES. YOU WILL FIND THAT THE NAMESERVERS DO STATE DOMCOLLECT SERVERS BUT THEY ARE ROUTED TO SEDO SERVERS WITHOUT VISUAL PROOF ONLY THE CACHE PAGE PROOF AT THE SAME TIME. THIS PROVES CLEAR RELATIONSHIP BETWEEN SEDO AND DOMCOLLECT.

    IN ALL CIRCUMSTANCES AND IN MY CASE ON ITS OWN MERIT, MY 'CHERRY PICKED' DOMAINS WHERE HIJACKED MONTHS BEFORE EXPIRY DATE HAD EVEN REACHED. THEY HAD NO RIGHT NOR EXCUSE TO TAKE OVER CONTROL OF THE SELECT FEW DOMAINS OUT OF MY ENTIRE ACCOUNT. ALL THIS HAS BEEN PROVEN IN ALL EVIDENCE PROVIDED IN MY COURT CASES.

    I AM EXTREMELY SURPISED THAT THEY WOULD THINK THAT BY USING SIMPLE RESEARCH TOOLS YOU CAN FULLY UNCOVER THEIR CROSS-COMPANY PRACTICES.

    AND FINALLY, THEY DID NOT EVEN SUBMIT A DEFENCE NOR DENY MY EVIDENCE PROVIDED IN MY COURT CASES, THEREFORE IT WAS AUTOMATICALLY FOUND IN MY FAVOUR.

    THANK YOU FOR ALL READING THIS, IT IS WELL APPRECIATED AS ALWAYS!

    (THIS IS MY STORY OF WHAT HAPPENED TO ME AS PROVEN. OTHER INDIVIDUALS OPINIONS MAY BE DIFFERENT. THESE PRACTICES MAY NOT ALWAYS BE OCCURING BUT THIS WAS A CLEAR CASE OF NEGLIGENCE IN MY SITUATION AND MAY NOT ALWAYS OCCUR. THIS COULD HAVE BEEN A 'ONE OFF' CROSS-COMPANY MISTAKE AND I AM NOT SAYING THAT THIS HAPPENS OR IS AN ONGOING COMPANY PRACTICE, ONLY THE GENERAL PUBLIC WITH SIMILAR EXPERIENCES WOULD BE ABLE TO DEDUCE THAT OPINION)
     
    Last edited: Aug 24, 2012
  14. newly listed!

    newly listed! Active Member

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    Also hopefully they do not wait out too long for their own sake, as the court adds the 'going rate' interest on the debt on a daily basis all the way up until full payment or the seizure of goods!
     
  15. sdsinc Iceland

    sdsinc Active Member

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    Can you post a summary of the situation.

    Domcollect & 1&1 seized domains that you had renewed, is that what happened ?
     
  16. newly listed!

    newly listed! Active Member

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    Thanks for your reply. No i just noticed when visiting a few of my domains that i had that they where somehow randomly 'parked' and then i checked the whois and noticed they where fully 'owned' by DomCollect out of nowhere.. these domains where in full control and ownership by DomCollect a few months away from expiry/renewal date. The whole registration periods for each of the domains in question where nowhere near up. When you register domains for the reg fee you get the whole 12 months ownership regardless not like '8 months ownership' for example then another company takes them away to test them out.. I had not given them permission to own them before any expiry had reached or past. This is a form of cross-company hijacking.

    Also had about 100 domains in my account and only a select few where in the new stolen ownership of DomCollect without my express permission.

    No renewal period was due nor missed.

    If they continue to operate in such a way i am guessing far more court cases will arise with light on this incident being reported. In my express opinion they should not 'play around' with fire and 'tamper' with peoples assets unless they are completely expired past the original full paid for expiry date or they will get burnt again and again.. The company should learn from their mistakes and unfortunately trying to reason with them only got me a 'gagging order' to sign in order to get my due damages. Unfortunately court cases are the only way to make these people pay up for the damages and distress caused from their '_____' around with peoples assets (that __ would usually be a swear word in my eyes).
     
    Last edited: Aug 24, 2012
  17. namealot United Kingdom

    namealot Well-Known Member

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    I know they can do walk in possession, removal of goods etc But does that need to be in Germany I believe it is any assets they own within the jurisdiction that bailiffs can seize and any co.uk domains they own would be an asset then go through nominet?
     
  18. newly listed!

    newly listed! Active Member

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    Yeah i guess they could seize domains and/or company cars, office equipment and simply auction them off to get my £15k cash debt judgment granted if they are not paying out on the courts demand. I was understanding of the UK court system for judgments and bailiffs operating within the UK so that is why i applied for the "European Order for Payment/European Enforcement Orders (EEO)" which is a cross-border debt collection system in place for EU member states for all types of cross-border debt collection. i just used my 3 winning judgments to support my "European Order for Payment/European Enforcement Orders (EEO)" claim..

    "European Enforcement Orders (EEO)

    An EEO provides a simpler method for enforcing your uncontested judgment in another country within the European Union."

    extract: http://www.justice.gov.uk/courts/european-union-cross-border-claims


    ANOTHER GOOD EXTRACT:

    "Example: I ordered and paid for a washing machine from France, but the washing machine never arrived. I took my case to the local county court and obtained a default judgment. I now want to enforce the judgment. I will apply to the local county court for the judgment to be certified as an EEO and once it is certified I will enforce it using the French enforcement procedures."

    http://www.justice.gov.uk/downloads/courts/european-union-cross-border-claims/ex375_1005.pdf

    It's pretty straightforward to be honest.
     
    Last edited: Aug 24, 2012
  19. mojoco United Kingdom

    mojoco Well-Known Member

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    How do you stand with collection and disposal costs, does that get added to the their bill ?
     
  20. newly listed!

    newly listed! Active Member

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    Thanks for your reply Mojoco.. Yes that is all added to the judgment debt as standard with all court judgments as it is seen as avoiding a court judgment demand. They also incur daily interest added on at the going rate that the court decided on. I a very surpised that they would put themselves in such a position of debt in all fairness.
     
    Last edited: Aug 24, 2012
  21. scooter United Kingdom

    scooter Well-Known Member

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    gagging order:
    They offered you a settlement if you said nothing?

    ......... and then didn't bother to represent themselves?



    Post it up. I think we would all like a little look :cool:









    .
     
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