I'm taking 1&1 to court...

[devolution]

Finally, I've decided to take these crooks to court...

They have not only disabled access to my control panel, but they appear to have detagged all my domains, which I paid for, and nameservers have been removed, hence they are not resolving...

I am seeking the amount I paid for my domains, plus an administration fee for the work that will involve getting them moved somewhere else, an administration fee for all other work to do with this case, plus consequential loss of earnings (many domains were parked) and even potential lost offers on those domains...

I will also name Nominet in the case, since they have done nothing to stop this continued malpractice -- so for this part, I would appreciate any other people's written evidence about their similar experiences with 1&1 which I will also submit...

 

[itrends]

You had a solicitor talk through this with you to ensure they don't have loop holes in the contract / agreement? Just saying as you don't want to just come out the other end no better off and with a massive legal bill

But yes, bunch of feckers. Possible put together a class action?

 

[ratboy]

Good lad, i ended up paying that £9odd invoice from their collectors, not worth being CCJ'd over that amount.

PS Devolution... waiting for a response re: that domain I emailed you about

 

[Takwa]

I must have missed something Devolution, but what happened? Why did 1&1 do this to you?

 

[GreyWing]

Make sure you are taking them to court for under £5k, by doing this you don't foot their legal bill if you lose.

Plus keep mentioning that they were "negligent" because you can't sue someone for simply making mistakes, you can only sue them if that mistake was due to negligence. In the legal world they it makes a bit of a difference.

Best of luck with it,

GW

 

[rob]

I will also name Nominet in the case, since they have done nothing to stop this continued malpractice -- so for this part, I would appreciate any other people's written evidence about their similar experiences with 1&1 which I will also submit...

I would suggest look into making a complaint with Nominet if there are such issues, Complaints has more info.

Hopefully the wrongs are righted and keep us posted on how you get on!!

 

[Takwa]

get all those names appraised then you can sue for more

 

[robert911]

Hi Devolution

I know nothing about 1&1 so i can;t say anything about them. But from past experience on a few issues with others, i submit my tuppence worth:

1. You first need a written response from 1&1 on your complaints. Send them special delivery letter to their registered office address. Run it past a good domain lawyer. Only proceed if you have a solid case, otherwise have a drink & forget it

2. Consequential losses are hard to quantify if not impossible

3. Principles cost Pounds. Big time. Make sure its worth it before doing legals in anger

4. Don;t sue Nominet - you won;t get anywhere. Their contract terms are well written, and get you nowhere unless you want a High Court case and willing to spend £50K upwards, and risk paying further counter party legal fees if you lose. Its simply not worth even thinking about it unless the sums are £ 100K+. You will spoil your goodwill, importantly, and a quiet word of complaint may get you a lot further much faster

5. Once you sort your current problems, get another ISP. Or better still, your own TAG, because for £ 500, it's a hell of a lot cheaper than getting involved in nonsense

Cheers
Robert

 

[sneezycheese]

Super Complaint

Following on from what Rob has suggested may I suggest that all those who have had a similar problem email me at: simon @ bezant .me .uk with the details so that we can compile some kind of 'Super Complaint' against 1&1 to Nominet in relation to what would seem to me to be multiple breaches of the Nominet Registrar Contract by 1&1.

I would also suggest making a group complaint to Trading Standards.

Regards,

Sneezycheese.

 

[pendragon]

1&1 keep invoicing me for contracts with no domain names in them. I have removed automatic payment details, so now the invoices are coming through the post.

 

[paulc]

I had nothing but problems with 1&1 so I moved away from them a while back.

 

[dburdon]

I've always had my suspicions

I've always had my suspicions about 1&1. But they've recently been confirmed. I now know from experience that they can't be trusted.

A while back I cancelled a domain and hosting package. I noticed a year later they were still charging me. They gave me a free domain which I failed to cancel. And it was the hosting of this free domain that they were charging me for.

Today I received an invoice for another domain I'd cancelled. 1&1 deny any knowledge of the cancellation. I'm just going through the paper trail.

I'll be moving all my own domains and those of my clients.

 

[grantw]

The moral of the story: never trust anyone that sells something for less than they're paying for it themselves!!

Grant

 

[GreyWing]

How do I put this, play them at there own game!

You can use their own system against them, I think I may have said too much.

 

[mally]

tell us more, this sounds interesting

 

[dburdon]

Sprats to catch Mackerels

In essence 1&1 provides great incentives to sign up at low or below cost prices. They then rely on the selling up process and the inherent inertia which means people have to do something positive to remove themselves from their automated payment system.

To play them at their own game, just buy the sprat.

 

[WaftyCrank]

Make sure you are taking them to court for under £5k, by doing this you don't foot their legal bill if you lose.

Is that true? How do you know this? Are you talking about small claims or magistrates action or...?

 

[GreyWing]

Is that true? How do you know this? Are you talking about small claims or magistrates action or...?

small claims, it's basically the County Court System, search for hm courts online will bring it up and you don't have to leave your home to start things off.

I used to work for a solicitors amongst other things, and it's a fantastic system for sorting people like 1&1 out.

Not sure you how to take people to the magistrates court, I know it's possible but I wouldn't have a clue. Although wouldn't be needed in this occasion unless you think it's fraud and want a private prosecution. I wouldn't even pretend to know what I was talking about on that score though.

All the best
GW

 

[meenreds]

Me Too!

I have a doozie of a story that goes on two years without me evening knowing anything about it. So I am ready to join a class action lawsuit!