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Mojoco
23-08-12, 04:17 PM
Good on him !

Reposting the entire article for those that would rather not visit Acorn............


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" with your provided evidence of judgments 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.


http://www.acorndomains.co.uk/domain-name-scams/107083-domcollect-sued-along-1-1-hijacking-domains-my-update.html#post410991

GreyWing
23-08-12, 04:33 PM
I don't thinkl he has won anything yet though, when I worked in Inusrance companies like Norwich Union had 18,000 CCJ's against them. CCJ's like this are very much like Trademarks, not that hard to get but costly to enforce. I wouldn't be cheering that much if I were him just yet.

If he gets his 15k, which I hope he does, I'll say very well done to him. But I just think he isn't even 10% into this fight yet.

Mojoco
23-08-12, 05:39 PM
I dare say you are right Graeme, but good on him for standing his ground and going through with the process. The way these companies conduct themselves is scandalous.

Lets hope they pay up with out too much trouble.

GreyWing
23-08-12, 05:49 PM
I dare say you are right Graeme, but good on him for standing his ground and going through with the process. The way these companies conduct themselves is scandalous.

Lets hope they pay up with out too much trouble.

Agreed mate, I think we'd all like to see Nominet take a stand. First of all by putting all of this groups of voting rights into one pot. Everyone else has their voting rights capped at Nominet, United Internet has several different brands and has a capped voting right on each single brand. This can't be right, they get their board members elected at will.

Who do they think are pushing for changes in drop catching to suit ISP's? They have the voting power to be a force on this. The best thing Lesley ever did at Nominet was this Plan G which allows for the Government to step in if a private group was to capture it. Wonder if people now see who is most likely to try and capture Nominet, a group of crazy domainers or a group with several brands and maybe a 60% (the figure I was told by someone at Nom) of the actual votes cast at each election?

These guys are the single biggest threat to the Nominet structure in my opinion.

rob
23-08-12, 08:11 PM
Oddly enough I was talking to an MP yesterday about that very thing - he seemed quite interested and we will talk further :)

secname
23-08-12, 08:16 PM
So he hasnt got his money yet so how can he say he wsa successful? or am i missing something.

Mojoco
24-08-12, 01:01 AM
He got a judgement which is a positive step in the process. Getting his money is another story, but getting this far is still a minor victory.

secname
24-08-12, 10:14 AM
He got a judgement which is a positive step in the process. Getting his money is another story, but getting this far is still a minor victory.

ah right. well fingers crossed he gets his money..

aZooZa
24-08-12, 10:51 AM
I can't really see why he couldn't collect on the judgement. If he doesn't get paid surely he can contract a bailiff?

GreyWing
24-08-12, 11:32 AM
I can't really see why he couldn't collect on the judgement. If he doesn't get paid surely he can contract a bailiff?

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

Well is he going to send bailiffs to a foreign country to collect? They ain't based in the EU as he says. Do Sedo have registered offices over here, sure they have an office over here but is it in their name? Is the equipment leased? Court Bailiffs with the power to enter buildings with a warrant will usually want the cash upfront for a job like this. Your are talking £700-£800 for half a day to use a bailiff.

He'll have to lay down a couple of grand to enforce this. If Sedo ain't based in the EU then he can't collect without going to a court outside the EU. If they are in the EU they can still challenge it at any time. So he's in for a fight on this if he wishes to pursue it.

aZooZa
24-08-12, 01:13 PM
Seems incredible that these outfits can apparently operate with impunity. What a load of bureaucratic bullshit and red tape.

GreyWing
26-08-12, 08:35 PM
Anyone seen this before, type "Nominet forum" in google and one of the options is a fraud forum....

Clicking on it doesn't really go anywhere... wonder if that is something set up for stuff like this but not launched yet?

rob
26-08-12, 08:58 PM
http://www.nominet.org.uk/other/lists/fraudforum/ is that what you mean?

Odd url... unless they are rebranding Nom Steer again ;)

GreyWing
27-08-12, 01:14 AM
I see they are referencing this on acorn

http://www.thesun.co.uk/sol/homepage/news/4505064/Bailiffs-in-raid-on-bank-HQ.html

This is the kind of stuff I am worried about when it comes to paying out, getting the court order is one thing but getting the cash is another. The big boys have enough assets to throw at defending it and know the dirty tricks.

Also I really don't think he has helped himself with going for 3 court actions worth £4,999 on each. I assume that the reason he has done that is to stick within the small claims court limit of £5k. So Sedo might argue that this should all be counted as one claim and go to a higher court or that the figures being claimed have no bearing to any real loses. If it goes to a higher court then this chap might want to get some advice from Mr Toth about the costs of a court case.

Once outside the small claims court then you are liable for court costs of the opposite side should you lose. I still hope he can make them pay but realistically I think he has about a 5% chance of seeing a payout on this.