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  1. #1

    Help! I might lose my domain.

    A couple of months ago my domain name expired (my stupid mistake with an expired credit card and an automated billing system). I registered it with 1and1 and they have a 30 day window where only the owner can claim the domain.

    That's exactly what I did. I reclaimed the domain and it was working. My website was up and I could send/receive emails using my domain.

    About 1 week later 1and1 removed the domain from my account (without my permission) and transferred it to someone else. They now have their website on "my" domain.

    I have contacted 1and1 about the issue and it's been an open case for over 1 month. I've been calling them at least once a week for an update but their customer support has been terrible. The issue has not been resolved and I can't get any information about what's happening.

    Help! What can I do? I really don't want to lose my domain. I beg you guys for advice.

    Thanks!

  2. #2
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    Did your payment definitely go through when you reclaimed the domain?

    Also... what country do you live in and which office of 1and1 have you been dealing with?

    And, finally - what type of domain is this, GTLD or ccTLD? (And what ccTLD, if applicable)?

  3. #3
    Quote Originally Posted by Lubeca View Post
    Did your payment definitely go through when you reclaimed the domain?

    Also... what country do you live in and which office of 1and1 have you been dealing with?

    And, finally - what type of domain is this, GTLD or ccTLD? (And what ccTLD, if applicable)?
    The payments went through.

    I live in the United States of America. I'm not sure which office I've been dealing with. I call the support number listed on their website - 1-866-991-2631. I know that I have spoken to people in various departments and they all tell me my ticket has been escalated as high as it can go. I ask if I can speak to someone in the department that is handling my ticket and they always tell me no.

    This is regarding a .com domain.
    Last edited by Darzog; 09-26-2014 at 01:50 PM.

  4. #4
    it sounds like you were to late with reclaiming the domains so another customer bought it. But the DNS was picked up on your account and they transferred it to the new owner account.

  5. #5
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    If you paid within the 30 day redemption period, and the domain was restored to your account, and it subsequently disappeared from your account... then clearly something has gone wrong.

    And it could be one of two things:

    Either, 1and1 screwed up and they removed your domain name accidentally

    Or, your account got hacked and someone stole your domain name

    Regardless of which of these two happened, 1and1 now need to lock the domain name while they investigate - to prevent it from being transferred out of their account. Have you checked that they've done this?

    I was going to suggest legal action (hence my question about location and type of domain name) but it's probably too early for that - by the sounds of it they are co-operating, but are just being slower than you want them to be. So - frustrating though it may be for you I would give them time to investigate - but make absolutely sure the domain name is locked in the meantime.

  6. #6
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    Are you sure they 'transferred it' to someone rather than just parking it with ad's ?

    What does a WHOIS say ?

    Without the domain name it's difficult to suggest anything other than try them again, and if you don;t get a resolution, take it up with ICANN who regulate all .com registrars
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  7. #7
    Quote Originally Posted by domainOtto View Post
    it sounds like you were to late with reclaiming the domains so another customer bought it. But the DNS was picked up on your account and they transferred it to the new owner account.
    I paid within the 30 day period and had the functionality of my website restored within the 30 days as well.

    Quote Originally Posted by Lubeca View Post
    If you paid within the 30 day redemption period, and the domain was restored to your account, and it subsequently disappeared from your account... then clearly something has gone wrong.

    And it could be one of two things:

    Either, 1and1 screwed up and they removed your domain name accidentally

    Or, your account got hacked and someone stole your domain name

    Regardless of which of these two happened, 1and1 now need to lock the domain name while they investigate - to prevent it from being transferred out of their account. Have you checked that they've done this?

    I was going to suggest legal action (hence my question about location and type of domain name) but it's probably too early for that - by the sounds of it they are co-operating, but are just being slower than you want them to be. So - frustrating though it may be for you I would give them time to investigate - but make absolutely sure the domain name is locked in the meantime.
    I think 1and1 made the mistake and released my domain as if I hadn't reclaimed it. I believe the domain has already been transferred out of 1and1 as another guy has registered the domain and put his website there.

    I'm fine with giving them time to resolve it. Their poor customer service makes me think they're not going to be successful in retrieving the domain. I presume it is to late to have the domain locked since they no longer control it. If they tell me they can do nothing - what then? Do I speak with ICANN? Do I look for an attorney.

    Quote Originally Posted by astutiumRob View Post
    Are you sure they 'transferred it' to someone rather than just parking it with ad's ?

    What does a WHOIS say ?

    Without the domain name it's difficult to suggest anything other than try them again, and if you don;t get a resolution, take it up with ICANN who regulate all .com registrars
    I'm positive it's not parked with ads. As I was reclaiming the domain I was contacted by someone else requesting that I reclaim the domain and sell it to him. He is now the owner of the domain.

    Thank you all for your input.

  8. #8
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    Quote Originally Posted by Tulip View Post
    Second this.
    The OP has confirmed that the domain name was reclaimed within the 30 day redemption period, so how can you second something that has already been ruled out as not being the case? (And what value does your post add to the discussion?)

    The fee was paid within the redemption period, and the domain name was restored to its rightful owner. Unless the OP is telling lies (and why would he) these are facts. Whatever happened was either a screw-up by 1and1, or the result of a hacked account.

  9. #9
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    Quote Originally Posted by Darzog View Post
    I believe the domain has already been transferred out of 1and1 as another guy has registered the domain and put his website there.
    The fact that someone put his web site there doesn't necessarily mean the domain name has been transferred away from 1and1. Did you actually check the Whois?

    If they tell me they can do nothing - what then? Do I speak with ICANN? Do I look for an attorney.
    Have a look on the ICANN web site for advice. I believe there is a procedure for filing complaints against registrars. But getting legal advice is probably a very good idea - make sure you find a specialist lawyer who deals with domain names.


    As I was reclaiming the domain I was contacted by someone else requesting that I reclaim the domain and sell it to him. He is now the owner of the domain.
    This looks suspicious. Are you sure he didn't hack your account, or perhaps use social engineering with 1and1? (One of the most expensive domain name disputes ever all hinged on a forged fax...)

  10. #10
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    Knowing the 1&1 systems, I used to work with the German 1&1 team as our domain registrar, they have probably screwed up and are dragging their heals because they do not want to admit it.

    If his account was hacked then 1&1 would have said the the domain was "legally transfered away".

    To the op, you are probably dealing with 1&1 America, who has their support team based in Cebu, Philippines.

    My advise is to have a look at ICANN's Transfer Dispute Resolution Policy and talk to 1&1 about making a claim, if you have the email of the guy asking to reclaim the domain and he will purchase it from you then that might be evidence to help your case.
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  11. #11
    Quote Originally Posted by Lubeca View Post
    The fact that someone put his web site there doesn't necessarily mean the domain name has been transferred away from 1and1. Did you actually check the Whois?



    Have a look on the ICANN web site for advice. I believe there is a procedure for filing complaints against registrars. But getting legal advice is probably a very good idea - make sure you find a specialist lawyer who deals with domain names.




    This looks suspicious. Are you sure he didn't hack your account, or perhaps use social engineering with 1and1? (One of the most expensive domain name disputes ever all hinged on a forged fax...)
    I don't think the guy hacked the account or mislead 1and1 to transfer the domain out, but I could be wrong.

    The whois says the registrar info is

    WHOIS Server: whois meshdigital com (I don't have enough posts to include links so i removed http and similar markings)
    URL: www domainbox com
    Registrar: WEBFUSION LIMITED
    IANA ID: 1515
    Abuse Contact Email: support domainbox com
    Abuse Contact Phone: +1.8779770099
    Quote Originally Posted by Simon@RaveX View Post
    Knowing the 1&1 systems, I used to work with the German 1&1 team as our domain registrar, they have probably screwed up and are dragging their heals because they do not want to admit it.

    If his account was hacked then 1&1 would have said the the domain was "legally transfered away".

    To the op, you are probably dealing with 1&1 America, who has their support team based in Cebu, Philippines.

    My advise is to have a look at ICANN's Transfer Dispute Resolution Policy[/URL] and talk to 1&1 about making a claim, if you have the email of the guy asking to reclaim the domain and he will purchase it from you then that might be evidence to help your case.
    I hope they are just dragging their heels. I'm worried that since they transferred the domain out of their control they will be unable to retrieve it.

    I appreciate all the advice - especially from Lubeca and Simon@RaveX. I'll read up on ICANN's policy and start searching for some legal help in case things go even worse.

    Thanks again!

  12. #12
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    FWIW, the registrar is in the UK - and has a good reputation. I had fears that the domain name might have been transferred to a registrar in some exotic location that may not be so easy to communicate with.

    Have run this past a lawyer in the meantime, and he says that you should go to court over this, and do it sooner rather than later. You should issue proceedings against both registrars, and the Registry (Verisign) for some form of injunctive relief. You will need a specialist - I've had a name mentioned to me but not sure if I'd be allowed to post this here. PM me for details if interested (I think you need five posts to send PMs so you're nearly there)

  13. #13
    I would certainly look into what ICANN can do...people have problems with 1and1 all the time, so I wouldn't be surprised if they messed up somewhere.

  14. #14
    Hate to be a bad prophet but judging by experience and stories about 1&1 there is a high chance they screwed up and won't be able to help you with the case. Bottom line is they took a payment for a service, which was in a period when no transfer should be possible in the first place. Right now it looks like its too late to revert their mistake. I see that the whois shows clear details of the new owner and the domain is already locked at the new registrar. So unless 1&1 can pull a magic rabbit out of their hat it is basically up to you. Gather all correspondence you have with this person that asked to get your domain, your renewal receipt, bank statement, any contractual agreements and contact ICANN. Of course, having a proper lawyer helping you out would be the best choice.
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  15. #15
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    This is what you need to know.

    If your domain expires you should have a Renewal Grace Period. This is the time during which a domain owner can renew an expired domain at the regular renewal price and this period typically lasts for 40 days. If the domain goes past that you should have a 30 day period to pay to have the domain restored which would be a premium price. That price varies and can be from $50 to $200 depending on the registrar.

    No one else can purchase your domain until it has expired for over 70 days.

    If they have released that domain before that they could have a serious issue on their hands.
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  16. #16
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    I see that the whois shows clear details of the new owner and the domain is already locked at the new registrar
    Maybe I'm missing something - but I don't recall the OP posting the domain name. Where did you find it?

  17. #17
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    Quote Originally Posted by Rado_Ch View Post
    Of course, having a proper lawyer helping you out would be the best choice.
    He does not need a lawyer that is just an expence for doing something you can do for free, just contact ICANN and tell them the domain was stolen and that 1&1, the losing registrar, are not being at all helpful.

    Give them all the evidence that you have including the invoice from 1&1, along with the relevant transaction from the bank, redact EVERYTHING, apart from the full line of the transaction, the last 4 digits of the account number, the bank name and branch and your name and address. Give them the all correspondence from the person that currently has the domain. Also give them a full copy of the ticket from 1&1.

    It might take a while for ICANN to investigate, but chances are they will return the domain to the rightful owner.
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  18. #18
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    Quote Originally Posted by Lubeca View Post
    FWIW, the registrar is in the UK - and has a good reputation
    The *losing* registrar has to initiate a TDRP.

    The OP needs to talk to 1und1 and if they don't get a resolution, to ICANN, and then if necessary take the losing registrar to court - if it gets that far, try http://icannwiki.com/index.php/John_Berryhill

    Quote Originally Posted by Lubeca View Post
    You should issue proceedings against both registrars, and the Registry (Verisign)
    It would be a complete waste of time and money starting any action against the *registry*
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  19. #19
    Quote Originally Posted by Simon@RaveX View Post
    He does not need a lawyer that is just an expence for doing something you can do for free, just contact ICANN and tell them the domain was stolen and that 1&1, the losing registrar, are not being at all helpful.

    Give them all the evidence that you have including the invoice from 1&1, along with the relevant transaction from the bank, redact EVERYTHING, apart from the full line of the transaction, the last 4 digits of the account number, the bank name and branch and your name and address. Give them the all correspondence from the person that currently has the domain. Also give them a full copy of the ticket from 1&1.

    It might take a while for ICANN to investigate, but chances are they will return the domain to the rightful owner.
    I would respectfully disagree on the bolded parts. Too often domain owners are burnt that way and they either realize a domain theft quite some time later or just choose not to pursue it so they don't invest any more money in that cause. And this is exactly why there are so few domains that are actually returned.

    A very bright example of this statement is the theft of MLA.com some time ago (still not recovered to this day). I would greatly recommend finding and reading about this case because its quite interesting. And it resembles what OP is experiencing right now.

    Now, I definitely agree on the part about collecting all evidence and documentation possible and contacting ICANN with it. Its worth a try for sure. Just don't believe in the allmighty bringer of justice ICANN and their proper ruling in any case. The point of the lawyer is for a person not knowing the domain logic and rules to have a person better acquainted with the subject helping them out. I know I wouldn't turn down such help going after a thief. So it really comes down to the decision if the domain is worth the pursuit or not - if it is, some extra expense to better your chances of winning it back is well justified. Because if you're going to rely of the assistance of 1and1 you might as well forget that dream
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  20. #20
    Quote Originally Posted by Lubeca View Post
    Maybe I'm missing something - but I don't recall the OP posting the domain name. Where did you find it?
    The OP posted the WHOIS information...in post # 12.

  21. #21
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    How many years u had this domain. in the whois result u posted in post no 12 is the domain mentioned.
    Last edited by sanudeep; 09-30-2014 at 04:55 AM. Reason: type error
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  22. #22
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    https://m.help.1and1.com/domains-c36...d-a594796.html

    https://m.help.1and1.com/domains-c36...d-a630495.html

    The above links state that 1&1 has a rgp period of 30 days. Did u pay 40$ extra apart from the registration fee.

    Did u send the fax form for domain redemption

    Did u create a domain holding account or hosting account with the exact registrant details to recover the domain.
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  23. #23
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    Quote Originally Posted by HMB - Andrew View Post
    The OP posted the WHOIS information...in post # 12.
    Not as far as I can see. The two things that end in .com in that post both relate to the registrar. Domainbox.com is NOT the OP's domain, it's the URL of one of the registrar's web sites.

    To quote from www.domainbox.com:

    Domainbox.com is a brand of Mesh Digital Limited

  24. #24
    Thanks again for the advice. I have just about gathered up all the documents and I'll contact ICANN today.

    Lubeca, I am interested in the contact info. I can't PM until 10 days after my registration. Would you email me the details? darzog@eart*****.net Thanks.
    Last edited by Darzog; 09-30-2014 at 01:46 PM.

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