i think theres an icann regulation that says the previous owner has first right to the domain after deletion and if the domain is only 2 days out of expiration date i don't think they can pick it up like that they have to let it sit through the 45 day deletion/grace period... i'm not to sure though i got fucked by an enom reseller the same way
http://www.icann.org/registrars/eddp.htm