| Author |
Message |
Chris UK Guest
17:56 28/11/05
|
|
Re: Update
|
|
|
Re "Re: Update" posted by Guest at 8:02 25/11/05 ...
I have read this site with interest as I too am facing threats of legal action and collection agency recovery (BFS) from these scoundrels.
Is anyone heading this up - would it be worth fighting together? A class-action may be a possibility for this one - has anyone started down this route?
Regards,
Chris Bailes.
|
|
|
Guest
8:02 25/11/05
|
|
Re: Update
|
|
|
Re "Update" posted by solarize at 21:21 21/11/05 ...
Stick on in there - I'm in a similar position
|
|
|
|
Guest
22:22 21/11/05
|
|
Re: Update
|
|
|
Re "Update" posted by solarize at 21:21 21/11/05 ...
I am in the process of taking a 'two-pronged' attack on 1&1.
[1] The Office of Fair Trading may well take action against 1&1 for 'unfair terms of contract'.
[2] 1&1 have also abused their power by attempting to defraud me - and the renege on contractual agreements.
1&1 will pay for their arrogance!
Chris Holdcroft
|
|
|
|
solarize
21:21 21/11/05
Posts: 2 
|
|
Update
|
|
|
I posted here a few weeks ago after receiving a letter from Smith's, BFS's 'solicitor' firm. Just thought I should update people that I've held out and haven't heard anything further yet, despite their threat of legal action within 15 days (from 24/10/05).
After reading some of the more recent posts, I'd be quite happy if they did lodge a court action...
Happy to support any class action that comes about - will check these pages.
|
|
|
|
fluoride
9:55 21/11/05
Posts: 4
|
|
|
|
|
1&1 Update "" posted by fluoride at 16:06 11/11/05 ...
www.thebleedingobvious.com is now up-and-running. Here you can see screenshot evidence of 1&1's disgraceful behaviour.
|
|
|
|
fluoride
16:06 11/11/05
Posts: 4
|
|
|
|
|
Hi again
Apologies for any typing mistakes in my last post. I thought it may be helpful to everyone reading the 1&1 posts if I gave you a few useful email addresses.
[1] [email protected]
[2] [email protected]
Andreas Gauger is the (President/CEO/Chairman/etc.) of 1&1. His 'cc' is Andrea Rolink (not sure of her role in the company).
Good luck.
Chris.
|
|
|
|
fluoride
15:59 11/11/05
Posts: 4
|
|
Re: 1&1 Fraud
|
|
|
1&1 Fraudulent activities
I am replying generally to everyone who has posted a message about the 1&1 do business.
No doubt, like many ordinary people, I had no real problems with 1&1 until the subject of money was raised.
In my instance, I took 'advantage' of the so-called 25 FREE .info domains in 2004. I should have read the small rpint to see if they would be permanently free, or just for a limited period of time.
When I realised I was going to be billed after 1 year, I went on-line and authorised cancellation of al my .info domains and/or contracts. Whichever package they existed within, I cancelled them before i was due to be billed. I then posted the cancellation print-outs to 1&1 who acknowledged receipt before billing was due.
Surprise! Surprise! 1&1 began billing me for domains I had already cancelled.
I reported this 'fraud' to my bank and they have put a block on 1&1 debiting my account. Considering I receive (at this time) only Incapacity Benefit, I could not allow 1&1 to put my account into debt.
I also contacted 1&1 but the 'customer assistant' refused point blank to let me speak to a team leader. This made me rather angry, so I sent off an email to 1&1's Billing Department indicating they were attempting to perpetrate a fraud. Strong words, but technically correct.
A lot of correspondence has been exchanged in the last few chaotic weeks. Someone in the Billing Department (Daniel Bromley) did intercede and prevented my account from being illegally debited. HOWEVER! He accused me of not cancelling correctly and said the forms I posted to 1&1 did not contain the correct information. Essentially, he implied that cancellation of my .info domains had been logged to be completed at the end of the next billing period (in 2006).
I stated clearly and categorically that ALL my .info domains had been cancelled for this end at at the end of the current contract. This was to be before any billing.
Essentially, 1&1 screwed-up and will not admit their mistakes. I blame communication between the Billing Department and those whose job it is to cancel contracts. These departments are not speaking to each other the way they should.
The Contracts Department are also painfully slow to cancel contracts and this compounded the issue even further.
Now, despite 1&1 being entirely to blame for this fiasco, and for my allegations of fraud against them, they are going to close my acount. I have a number of domains names with them and to transfer them to another host will cost well in excess of �100.
I informed 1&1 that if they wanted to close my accountm that would be fine. BUT, they would have to cover the cost of transferring my domains to a new host. They refuse to do this.
There own Terms and Conditiond indicate they can cancel an account whenever they so please and not have to pay compensation. This is unfair trading and compounds 1&1's fraudulent activities.
I strongly suspect that there is pre-existing legislation and/or test cases which can be used to bring 1&1 to justice. This I will now be examining.
My message to 1&1 -- you picked on the wrong guy.
Signed, Chris Holdcroft.
PS. I am thinking of using one of my many domains names (parked elsewhere) to set-up a central website to help people cheated by 1&1. I also intend to seek out all blogs and give links to them - including this excellent website. How does "www.thebleedingobvious.com" feel? Let me know please.
|
|
|
|
andrew_opensh Guest
12:23 09/11/05
|
|
|
|
|
| the preceeding messages just about sum it all up.
|
|
|
|
Guest
6:14 07/11/05
|
|
Maladministration by 1&1
|
|
|
Re "Re: 1&1 Fraud" posted by simon.b.rober at 21:21 06/11/05 ...
1&1 do not publish a complaints procedure - I think this is called 'maladministration'
Having gone round in circles emailing them I said:
"Please inform me of your complaints procedure and send details of any professional associations of which you are a member and which might arbitrate in any dispute."
Their reply was just to keep emailing them!
|
|
|
|
simon.b.rober
21:21 06/11/05
Posts: 2
|
|
Re: 1&1 Fraud
|
|
|
Re "1&1 Fraud" posted by contals at 22:45 03/11/05 ...
We think that it would be a good idea to club together. It is important that these companies are called to task and are not allowed to just do as they see fit.
Other 1and1 grumblers may also be interested to know that BFS are registered in Ireland and their office in Marylebone, London is not down as a branch address with Companies House. The only companies that seem to be operating from that address are an escort agency and a taxi firm! So you don't really know who you are sending your money to.
Re our last posting..
We received a response from 1and1 on Friday stating that we still owed them money for the renewal of the domain name. They did not address any of our concerns regarding the ambiguous terms & conditions of business so we have responded with the following email...
"Dear *******,
Thank you for your response.
However your are erroneous in your interpretation of the terms and conditions. The duration of the agreement was from 2003 to 2005, the domain name was purchased for 2 years. There is no need for us to terminate the agreement because the agreement was terminated in Aug 2005. However if you wish us to let you know that we do not wish to renew the domain name, please be advised that we do not wish to renew the domain name! Nowhere in your terms do you state that you automatically renew the domain name.
A number of your competitors do state clearly in their TCOB that they have a positive opt in for renewal and they offer you the opportunity to opt out before the renewal time. Your terms do not state this.
Let us review section 4.4,
The Company agrees that for the Duration Period of this Agreement (2003 - 2005) and in consideration (IN RETURN FOR PAYMENT) of the payment of the Charges by the Customer it will (FUTURE TENSE I.E.ON RECEIPT OF PAYMENT THE COMPANY WILL RENEW) renew the registration of domain names, Hosting fees, Additional services for the Renewal Period.
Emphasis in capitals inserted by us.
Basically what that clause is actually stating is that when the duration period of the initial agreement is up for renewal the domain name and/or services will be renewed upon receipt of payment from the customer. More simply put the customer must pay before renewal.
Therefore if the customer does not wish to renew and consequently does not offer consideration (payment) the domain name will not be renewed.
Once again we reiterate that it is not what you think the clause says it is actually what it says that counts.
Your company obviously see this differently therefore highlighting the ambiguity of the clause and therefore this clause could be deemed as unfair under the Unfair Terms in Consumer Contracts Regulations 1999.
Paying particular attention to the following aspects of this act:-
1. A consumer is not bound by a standard term in a contract with a seller or supplier if that term is unfair.
2. A standard term is unfair if it creates a significant imbalance in the parties� rights under the contract, to the detriment of the consumer, contrary to the requirement of good faith.
3. All terms (including core terms) must be in plain intelligible language otherwise they are open to challenge as unfair.
This makes the contract void and I suggest that you refer to Regulation 7 (2).
..."where there is a doubt about the meaning of the written term, the interpretation which is most favourable to the consumer shall prevail.."
Essentially your TCOB should state unequivocally that the domain name will be automatically renewed at the end of each period unless the customer informs you in writing prior to the renewal date, after which the customer will have to pay for the renewal term. Your terms do not do that and the section 4.4 does not state that.
Therefore, please will you cancel the invoice and inform BFS that you have done so. We will not counter charge you for the legal work done on our behalf if your company will amend its terms & conditions in order to remove this ambiguity.
We look forward to receiving your confirmation within the next 7 working days."
We are hoping that they are going to take our email seriously and not just trot out the party line. We suspect that it will be the latter.
|
|
|
|
contals Guest
22:45 03/11/05
|
|
1&1 Fraud
|
|
|
Most complaints stem from their dismal service, third world helplines or contract cancellation service,I suffered all three. I was using their exchange hosting service- what a farce that was and I cancelled it- sent the fax but still was billed, I paid the initial fee with VISA- big mistake Now I am �28 out of pocket- small change compared to some I have read here.
If anyone wants to club together to launch a legal fund to attack these crooks count me in.
I am with the guy who wrote to watchdog and shall follow his advice.
|
|
|
|
simon.b.rober
10:26 02/11/05
Posts: 2
|
|
Re: 1&1 Internet - cowboys
|
|
|
Re "Re: 1&1 Internet - cowboys" posted by nosp at 9:15 31/10/05 ...
Hi,
We are currently in the same situation. We had taken out a domain name in august 2003 for 2 years. We never used it and basically forgot about it. They sent a ltter demanding payment to our old address which was forwarded to us followed by a letter from the BFS debt collecting agency.
When I spoke to the billing department they said that it was part of their Terms & Conditions of Business to automatically renew the domain name and charge for it and therefore we are liable.
Having reviewed the TCOB I would point out that that they refer to a 'Duration' peiod of the agreement. As the agreement is actually dated i.e. you purchase a domain name from 2003 to 2005 then that has to be classed as the duration period. If you wish to cancel during that period then of course you should inform them in writing. When the duration period is completed you no longer have a contract with them and they have no authority to renew the domain name on your behalf. At no point in their TCOB do they state that it is an open ended agreement resulting in the domain name being automatically renewed at the end of evrey duration period. Remember in a court of law it is what the agreement actually says and not what the company want it to say.
In our opinion the company are trying to ontain money by deception and as the amounts are small they play on the fact that most people will pay rather than go through the hassle of challenging them. This is highlighted by the fact that they actually have a BFS Termination form on their website, under FAQs. There are obviously a lot of 'customers' who are caught out by their tactics.
We have emailed them on several occasions trying to sort this situation out however we have not received a reply.
This type of business practice should not be allowed to continue and we intend to pursue this matter.
If anyone gets a result please let us know.
|
|
|
|
nosp Guest
9:15 31/10/05
|
|
Re: 1&1 Internet - cowboys
|
|
|
Re "1&1 Internet - cowboys" posted by solarize at 23:42 27/10/05 ...
About this demand to cancellation by fax - totally unreasonable - after all you never sign anything to activate the account. After much pestering they DID accept cancellation by email
|
|
|
|
nosp Guest
5:12 30/10/05
|
|
Re: 1&1 Internet - cowboys
|
|
|
Re "1&1 Internet - cowboys" posted by solarize at 23:42 27/10/05 ...
Keep on in there. .. sounds like several of us are in the same position - might make useful witnesses in court - if they dare to take it that far!
|
|
|
|
solarize
23:42 27/10/05
Posts: 2
|
|
1&1 Internet - cowboys
|
|
|
I'm glad there's other people who seem to have been treated badly by this company. I had a domain registered with them for a year, but didn't keep it going, so when the renewal notice came I think I just did an online cancel, but probably didn't notice the stupid (and unnecessary) fax cancellation requirement. Now most companies would just cancel your account if you don't pay, but not so 1&1.
A long time later (at least 6 months) I got an invoice for a year's subscription, but this ended up in my junk mail folder (where it belongs!) so I didn't see it until recently. Then about a month ago I got a debt collection letter (for the �10, plus �15 'costs'), which was sent to my old address - this got forwarded on to me. I can't understand why a company would choose to go straight from issuing an invoice to passing your details to a debt collection agency - this is just bad practice. They now claim they sent reminders, but I'm convinced they didn't, and they haven't provided any evidence to suggest they did.
After telling BFS Finance I'm not intending to pay, I've now received a letter saying they will issue court proceedings (through a company called Smiths - as others have said), and that if successful I would owe �105.45. I'm inclined to take them all the way, as I think a judge would sympathise with me agains these cowboys.
Any suggestions??
|
|
|
|
Teens
16:35 24/10/05
Posts: 1
|
|
Re: 1 & 1 Internet
|
|
|
Re "1 & 1 Internet" posted by coleisgre at 12:37 21/10/05 ...
DITTO... DITTO... DITTO...
1&1 failed to take my authorised payment for their service... passed my details on to BFS Finance... and guess what? After I agreed to pay the increased costs to get them off my back (how dumb was that?!) by providing a cheque for full payment - BFS have now failed to cash the cheque!! Instead I've received another letter - this time from a debt agency called Smiths... who funnily enough trade out of the same Marylebone address as BFS! My alleged 'debt' has now risen from �10 to �105... and NO WAY am I paying it! I've contacted Westminster Trading Standards (in respect to BFS/Smiths) and BBC Watchdog to tell them the whole story. I am also passing 1&1's details to Slough Trading Standards. Suggest everyone else does the same... and get these t*ssers their just desserts ASAP!
|
|
|
|
coleisgre Guest
12:37 21/10/05
|
|
1 & 1 Internet
|
|
|
What a bunch of sharks!
Never in my life have I had the misfortune to have fallen into their clutches!
NEVER NEVER NEVER NEVER NEVER NEVER NEVER NEVER USE THIS FIRM.
AND I MEAN NEVER.
The only thing they seem cabable of doing is scamming you.
There is a reason they appear to be the cheapest. Because they will sting you in the end.
PLEASE DO NOT GIVE THEM YOUR BUSINESS
|
|
|
|
iceman89 Guest
0:48 13/10/05
|
|
Can the actions of 1&1 be classed as fraud ?
|
|
|
My advise to anyone is stay away from 1&1 internet.
Thier staff ignore your requests, bill you for unrequested services, send debt collectors after you even when they have issues a credit not say you don't own them what they say you do.
They don't employ proper security (in our case rented a dedicated server, which was already comprised when it was released to us) That cost my company �400 as they claimed it was our fault, even though we had never used the server.
my latins bad, so simply buyer beware.
Also don't be fooled by the free .info account. If you cancel it they will charge you for it.
[/b]
|
|
|
|
warweezil Site Admin
21:48 11/10/05
Posts: 277
|
|
No surprises.
|
|
|
| Im not surprised by any of the stories I am seeing here. A friend of mine who runs a computer retail business originally had his business site hosted by 1&1, Until he started having all sorts of problems, from control panels that wouldnt respond, through not being able to delete obsolete pages, to files appearing in his control panel by nor being accessible from the web. He found the tech support to be either useless or indifferent varying from call to call. In the end, and in desperation for the business he was losing by having a site that was either down or in need up updates being loaded, he knocked together his own server and invested in a heavy duty type permanent connection and now hosts his own site in a sectioned off server room he built at the back of his shop.
|
|
|
|
lesley.or Guest
19:30 11/10/05
|
|
1&1 internet
|
|
|
| I've had no end of problems with 1&1. I registered a card with them and had no problems till I got married and changed my name. I sent off my details and they changed my name incorrectly. I didn't really have any probelms with this until I got a another invoice. I couldn't pay using my card now, cos obviously the name on the card wouldn't match the name they had for me. All attempts to change my name on my account failed! I tried to correct it myself by opening another account in my name, cancelling my old account and taking up my domain name which had expired. No luck, couldn't cancel my old account and couldn't tranfer my domain name without permission from myself (my old acount) !!!! Gave up. Now I've just got another bill demanding the grand sum of �9.73 and threatening the debt collectors, all down to their first stupid mistake. So frustrating.
|
|
|
|
whimper
19:53 09/10/05
Posts: 2
|
|
BFS/Smiths are one in the same
|
|
|
| Just a quick note to say that BFS and Smiths Law are one in the same, they are based at the same address and the letters printed at the same factory. Ignore these letters if you have done nothing wrong - I have never yet seen 1and1 take any action via Smiths which doesn't even have an office (the address listed is the same as BFS). Do ignore both letters and I promise they won't take action.
|
|
|
|
djc1943
14:02 09/10/05
Posts: 5
|
|
Re: 1&1 Internet overcharging credit card
|
|
|
Re "1&1 Internet overcharging credit card" posted by msgu at 21:05 19/04/05 ...
Yes. In 2002 they charged me for TWO years service instead of just one. It seems THEY can do what they want, but they will only let YOU do what they want!
|
|
|
|
djc1943
7:47 09/10/05
Posts: 5
|
|
1&1 - withdrawal of service without warning
|
|
|
We used to have the domain spig.info
The service was withdrawn without warning by our (former) web host 1&1, and they are threatening us with legal action of over GBP 100 to terminate the contract or restore our domain.
It seems that when they came to deduct their fee (GBP 10.56) from our credit card account, they found we had not updated the expiry date. What happened then is quite alarming:
* They did not inform us of the problem and so did not give us the opportunity of rectifying it.
* Without warning they withdrew their service by locking our account on 3 December 2004.
* They did not inform us that they had withdrawn their service.
* It was only on 31 January 2005 that we discovered our domain was 'down' and contacted 1&1 to find out what the problem was.
* There was no apology - just a demand that we pay for the two months that they had withdrawn their service.
* We decided we did not wish to continue with a webhost that acted in such an inconsiderate way, and we instructed them to terminate our contract, but they would not do that unless we jumped through some hoops and paid for the service they had not provided.
* Then without warning 1&1 passed our 'debt' on to BFS finance debt collection service who gave us less than a week to settle the matter before they passed it on to SMITHs - a law firm who threaten court action. 
|
|
|
|
searchengines Guest
4:07 28/09/05
|
|
1& 1 internet is a bloody JOKE
|
|
|
This company is pathetic ---- SAVE YOUR MONEY DO NOT GIVE THEM YOURS
Their customer service is a joke, their terms and conditions are a joke, they don't even hire people that speak english, then can't sort out problems, their emails are always late, they overcharge.
I'm writing this today after already disputing 10 different $6 charges with them at American Express. I won!
1 & 1 Internet is one of the worst companies I've ever heard of!!! INTERNET SCAM
|
|
|
|
djh
15:05 21/09/05
Posts: 1
|
|
1&1 charge me for their error!!
|
|
|
I recently set up a web site for a golf day I organised in aid of the Meningitis Trust, and used 1&1 as they were the cheapest and I wanted to maximise what I raised for the charity. That was a BIG mistake!!
Due to personal reasons, I decided that I couldn't hold the Golf Day this year, and therefore not to renew my contract with 1&1. I waited for the renewal notice, which came after the contract was due to be renewed, my mistake as I should have checked and stupidly assumed that a company wouldn't do this. I completed the online cancellation, and was then informed that I had to send a fax as confirmation within 14 days. This was done, and I thought no more of it. I received a reminder a few days later, but assumed that this was because they couldn't stop the letter going out to me.
A few weeks later I received a letter from a debt collection agency stating that they were taking procedings against me for �53.51 (My year's contract plus a �15 late payment fee).
To cut an extremely long story short, 1&1 claim they did not receive my fax, although my telephone records prove that I sent it. They have since successfully processed a subsequent cancellation, but still insist I owe �24 for the contract up to that date (not exactly pro-rata!) and the �15 fee. They have refused to acknowledge that they did not process the fax correctly, and have given no reason why they do not contact you if the fax is not received.
I have offered payment up the date my fax was sent, but they are insisting that this is not acceptable, even though it is only a few pounds less. They are now refusing to discuss the matter, and have refused to tell me which ISP arbitration service they belong to, and just want to take me to court over it.
I simply refuse to pay for their error, and so will look forward to a day in court!
The ridiculous thing about this is that it is only a few pounds, it was THEIR error, and it will cost them significantly more than they claim I owe to fight a court case.
1&1 have just tried to bully me with court action into paying money that I do not owe them, and they refuse to accept that they may have done anything wrong. They use no Commonsense at all, and just want to get any money they can from you.
YOU SHOULD NOT USE 1&1 EVER!!!!!![/b]
|
|
|
|
msgu Guest
21:05 19/04/05
|
|
1&1 Internet overcharging credit card
|
|
|
| Has anyone else been overcharged by 1&1? I wonder if this is how they make money?
|
|
|
|
David Finch
13:06 21/03/05
Posts: 1
|
|
1&1 Internet Ltd - what terrible servce.
|
|
|
Dear 1&1 Internet Ltd.,
You just sent me an email asking if I was satisfied with your service? What service?
With regard to my account I am not happy with your company at all and feel that not only have you dealt with me in an unacceptable manner but worse still you've done nothing to help me get my website up and running again.
Back in November 2004 I received a new bank debit card as my existing one was close to its expiry date. Unfortunately I didn't let your billing dept. know that a few of my card details (expiry date and security number) had changed.
A few weeks later I went to add something to my website www.quickbuild.net only to find it was not accessible. Instead of informing me why this was the case it was me that had to phone YOU to find out. I was told that my account had been frozen because you couldn't get any money from my bank (due to the reason mentioned above). Why ever didn't you send an email saying you were unable to draw money from me? The lady on the phone said that as soon as you received a cheque for �6.79 my web page would be restored back to normal. This I did as soon as I'd put the phone down. Unfortunately it was getting close to Christmas - 13th December to be precise - and my cheque was delayed in the post. Instead of taking this into consideration you just closed my account and apart from sending me emails to announce 1&1 special offers and this one asking about how well I've been treated, you haven't even had the courtesy to write and help sort out the problem.
On 31st December 2004 I called and spoke to someone who tried very hard to sort out my problem, his name was Shaeiyur and when he heard what had happened he said the company had treated me unacceptably and he said he'd try to sort things out but New Years Eve was not the best time to do it (as I guess people had got other things on their minds). Despite a few calls to your admin and billing departments since, I have still not managed to receive any help.
I have decided to post this reply for all the world to see at www.grumbletext.co.uk .
David Finch
|
|
|
|
| Go to page Previous 1, 2 |
|
|
Do you like
what we're doing here? If you feel we may have saved you a
few quid or made you feel better and you want to support us, (er, that's
me...), you can make a donation for as little as �1 by clicking
the PayPal button to the left
Paypal - fast, easy and secure payments - as widely used by millions on EBay
|
FAQ (Frequently Asked Questions)
Adv. Search
Register
Profile
Log in to check your private messages
Log in
