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legal Registrar Deleted my Domain even though it was Renewed - Help Please!

dommer

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Update
Summary and Key Facts

My domain, LoansCanada dot com was stolen from me by the registrar, PDR Ltd.

PDR Ltd, dba PublicDomainRegistry.com. I dealt with their reseller, K-Systems at idregister.com.


In summary K-Systems, falsely claimed:

1) That my domain was deleted for non-payment. It never dropped as evidenced by the fact that the creation date is the original date that I registered it (Dec. 1999).

2) That I did not complete the renewal process.

3) That Paypal put the payment on hold, so payment was in effect never made.

4) And K-Systems have refused to provide me with any explanation on how my domain was transferred to Godaddy.


---
The domain expired on December 9, 2017.
I renewed the domain on December 19, 2017 and payment was made that day also. K-Systems confirmed renewal of loancanada.com in the email they provided – the subject title stating:
“Renewal of loanscanada.com for 1 year.”

And order details stating:
“Renewal of loanscanada.com for 1 year”

I had no other domains with PDR Ltd.

Please see the attachments (3) from K-Systems and Paypal receipts.



PDR Ltd, dba PublicDomainRegistry.com Response to my ICANN Complaint


PDR Ltd only responded to me last week after being contacted by ICANN. Prior, they were non-responsive to my communications.


Karsten on behalf of PDR Ltd claimed that:
“the domain was not renewed during the renewal grace period (a period of 36 days).”

PDR Ltd further admitted they sold the domain. [This may have been a fake sale to PDR Ltd’s own guy, in an attempt to legitimize their domain theft]

In response, I stated:
The domain was renewed on December 19, which was only 10 days after it had expired. Therefore, it was renewed during the 36 day grace period.”

“You (PDR Ltd.) have admitted that you had sold the domain. You had no authority to do that, as PDR Ltd. and/or K-Systems was never the owner of this domain. I am the lawful owner and only the lawful owner can sell the domain.”


PDR Ltd have changed their story again and now claim that my “payment however was only added on December 29, 2017” and by that time the “renewal got auto-cancelled.”
This is just a ridiculous attempt to cover-up PDR Ltd theft of my domain.

PDR Ltd claims that they are not responsible.

For PDR Ltd to continue to deny that I did not renew the domain on December 19 is preposterous.

My domain was never deleted. PDR Ltd can try a cover-up and come up with a false story, but I have shown the proof that the payment of $11.99 was processed and paid to K-Systems on December 19. The payment was never put on hold. Paypal immediately sent K-Systems the payment on December 19 as shown in the invoices.

The problem for PDR Ltd now is that they have now gotten caught further in their web of lies and attempted cover-ups.

If this were just an innocent mistake by them, PDR Ltd, would try to obtain the domain back for me.

PDR Ltd has stolen the domain from me, sold it and unlawfully transferred it to another registrar without my authorization
. Probably, PDR Ltd wrongly assumed that since I only had one domain with them, it was not an active website, and PDR Ltd could commit this theft as I probably don’t know much about domains.

Has PDR Ltd done this to others too?



My Complaint to ICANN

I provided in detail these attachments along with attached email correspondence with K-Systems in a formal complaint to complaints@icann dot org on March 16.

On March 18, I received an email from Shawn Seah, Global Support Analyst II, directing me to submit a transfer complaint form. I therefore submitted this transfer complaint on March 20.

On March 29. some unknown person in ICANN Contractual Compliance claimed that my transfer complaint is invalid because it does not involve an ICANN accredited registrar (K-Systems). This is incorrect, as the registrar was in fact PDR Ltd. (dba PublicDomainRegistry.com), which is in fact an ICANN accredited registrar. I was given a deadline of April 4 to provide further information regarding a renewal complaint, and if not received by that date, my complaint will be closed [this was during the Easter holidays so very little time].

On April 4, I submitted further information, and including the fact that this a valid transfer complaint, and I requested to know who I wrote the email.

In response, on April 10, some unknown person from ICANN Contractual Compliance stated that my complaint will go forward as a renewal complaint. I responded that this is simply not a renewal complaint as it involves the much more serious matter of domain theft and transfer of my domain (LoansCanada.com) to another registrar without my authorization.

I demanded that ICANN Contractual Compliance immediately re-instate my complaint in full including the transfer component, which on March 18, ICANN global support team (Shawn Seah) in fact directed that I make. And that ICANN has not provided any rationale why this complaint cannot proceed also as a transfer complaint.

I have not received any further response from ICANN. I will see if ICANN attempts to cover-up for their registrar, PDR Ltd, in this fraud.

And then ICANN would have set the precedent that a registrar and its re-seller does not have to abide by their contractual agreements including the Registrar Accreditation Agreement. It is now open for registrars to set up their own re-sellers, and wilfully not renew domains (even though the payment and the renewal process was completed by the registrant), and take ownership and unlawfully transfer the domains or sell the domains. It will be free reign for registrars to do this.

If they do, I will fully and completely expose this. I will also contact the ICANN board of directors and expose this fraud and what ICANN Contractual Compliance did not do.
 

Attachments

  • K-Systems - Receipt Renewal for 1 year for LoansCanada -19Dec2017.pdf
    119.7 KB · Views: 2
  • Paypal - Receipt for Renewal for LoansCanada -19Dec2017.pdf
    79.3 KB · Views: 1
  • Paypal_Transaction Acct Details - LoansCanada.pdf
    57.8 KB · Views: 1
Dynadot - Expired Domain Auctions

jaydub

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Well it is great to see your determination in following this through. It is a very good domain.
Let’s hope that ICANN gets your back on this.
 

dommer

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I communicated with the listed registrant “Nileshkumar Lakhani” back in late February. On March 1, he said he would let me know how much he bought the domain for. He said he would contact Godaddy the next day to find out.

1. If you bought the domain, why would you need to contact Godaddy to find out the purchase price - wouldn’t you know the price if you indeed bought it?

2. I never heard back from him. Also, when he responded, he used the name “Nilesh Patel” - a different surname.


So I contacted him again last week (April 18) where I sent him see proof of the renewal, including email confirmation of renewal from K-Systems themselves, along with Paypal receipts showing payment was sent to K-Systems.

I requested that if he is indeed an innocent party to this domain theft and fraud, then he will agree to return the domain back to me – and surely Godaddy would refund his purchase.

I also requested the:

1. The purchase price.
2. Proof of purchase.
3. His correct legal name. And for him to confirm if the listed address on the WHOIS is correct.

I received no response.


Godaddy

It appears that the domain was not legitimately sold, (if it was sold at all). It is looking like a “fake sale” in order to legitimize the domain theft. I don’t even know if this Nilesh person even exists.

I also copied that email to Nilesh to Godaddy’s legal department (along with the proof of renewal), so Godaddy is aware that I indeed renewed the domain, and the domain was unlawfully transferred to Godaddy.


ICANN

To date, my complaint to ICANN has not been dealt fairly and in good faith. This includes them trying a few times to deny my transfer complaint, under false claims (initially ICANN falsely claimed that my transfer complaint cannot go through, because the registrar was not ICANN accredited).

Some of the other things I’ve requested that ICANN has ignored to date include:

- Screen captures of the WHOIS showing when the transfer was initiated and when the transfer was completed.

- To inquire from PDR Ltd, how much my domain was sold for.

- And I requested to know what action will ICANN take against PDR Ltd regarding their illegal practices? Will ICANN terminate PDR Ltd. as an accredited ICANN registrar?

I can only assume my complaints to ICANN have been dealt this way in order to help their registrar, PDR Ltd (dba PublicDomainRegistry.com).

From what I’ve seen so far from ICANN, what is being done is a sham, in order to aid and abet a big registrar, PDR Ltd, escape culpability for their fraud.

I have come to know now, that this is a valuable domain. If for whatever reason or excuse, that my complaints to ICANN does not result in the return of my domain, I will file a lawsuit against all the parties involved, including any party who is attempting to cover up or not cooperating in the return of my domain to me, the lawful owner. I have the resources to do this. I will never let this go until I get my domain back.
 

dommer

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Neither K-Systems (reseller) or PDR Ltd (registrar) have said anything.
 

dommer

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Have k-systems said anything from your last post?

They have both been caught in their web of lies that I didn't renew my domain, or I didn't pay for the renewal. They have stolen my domain. They have committed fraud.
What can K-Systems or PDR Ltd (PublicDomainRegistry.com) further say. More lies?
 

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