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Topic: Alpha Technology Litecoin (Scrypt) ASIC Miner Order Batch 1 Now! - page 105. (Read 529056 times)

sr. member
Activity: 433
Merit: 250
My issue my local court won't accept that as valid service. I'm going by US rules, not UK but I will send it to the addresses you listed (except their accountancy firm).  I can't serve their legal team because they aren't agents for the purposes of service of process. I need to serve any employee or director of Alpha T.

Anyways, I'm still drafting the lawsuit, I'm just trying to push this through as soon as possible to get a judgment I can use in the UK to seize assets.

Thanks for the info again!
I see your problem. You could  use a courier or a process server.  I found a couple on google:

http://www.daviscoleman.com/
http://www.processserving.co.uk/index.html
http://www.process-serving.co.uk/
http://ash-process-servers.co.uk/

I should also correct my mistake the accountancy firm is:

64 Dickenson Road
Manchester
England
M14 5HF

Next door to Alpha T. This is the family accountancy firm run by the father Muhammad Akram and the brother Mohammad Jafar Akram, both formally directors in the company.
copper member
Activity: 658
Merit: 500
Blockchain Just Entered The Real World
member
Activity: 64
Merit: 10
LTS Scrypt Asic Preorder :P
Action Fraud reply

Quote
Thank you for taking the time to provide a report to Action Fraud in July. I’m writing to inform you of the current position of your case. Action Fraud reports are sent to the National Fraud Intelligence Bureau (NFIB) which is also part of the City of London Police, the national lead force for fraud. The NFIB collates intelligence from these reports, and puts all information received to the most effective use possible, either through enforcement, disruption or prevention activity. Your report has been assessed by the NFIB and the information you provided has enabled the police to take action to disrupt the activities of suspected criminals. This activity can be in the form of requests to suspend or take down:

• Fraudulent websites or email accounts,

• Telephone numbers,

• Bank accounts or foreign currency exchange accounts.

It can take time for disruption requests to be fully processed, so please be assured that this activity is in progress and that no further action is required on your part. You should not hear from us again in relation to this case, unless further analysis by the NFIB links your report to another crime in the future, in which case we will contact you to provide details of that referral.

Thank you again for taking the time to report and helping us to make the UK a more hostile place for fraudsters to operate in.

Yours sincerely,

Pete O'Doherty

Director of Action Fraud and the NFIB
legendary
Activity: 1513
Merit: 1040
Quote
In cases that involve the delayed delivery of goods or performance of services
that the cardholder asserts the merchant never provided, MasterCard will
calculate the period of 120 days from the latest anticipated date that the
merchant was to provide the goods or services.

Source: http://www.mastercard.com/us/merchant/pdf/TB_CB_Manual.pdf Page 34
newbie
Activity: 28
Merit: 0
OK, Just got my Reply from mastercard. Since it´s been more than 120 day´s, they can´t do anything about it. They suggested to open a Claim with Paypal.
In the UK at least it's 120 days from the day you became aware of the problem. Not 120 days from payment. As Alpha failed to deliver on 31st of July as they stated many times, that is the date the chargeback clock should start running.

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

Quote
Time limit  There is a time limit on chargeback claims - typically 120 days - which starts from the day you become aware of a problem. There is also an overall cut off point of 540 days for Visa chargeback. Therefore, your deadline for requesting a chargeback is 120 days from discovering you have a problem, or 540 days from the transaction date, whichever comes first.

OK, thanks for the advice. I will give it a try. But I´m not sure, if the same Rules apply to me as i am a german citicen and ma CC Bank is in Luxenbourgh. But I will call them tomorrow again.

Another question: What, if i had Alpha told to Cancel my Order and give me a full refund( What they did´nt, as i am still listet as a customer on theyr Forum ) and on the other hand I offered my Contract on ebay for sale?
Any Ideas what could/will happen?
THX
newbie
Activity: 124
Merit: 0
Registered mail isn't being delivered?  Hmm...that's a problem for service of process.  I wasn't going to hire a process server because I figure no one worked in their offices but if I don't have an address to send mail, that will prove to be an impediment to obtaining justice against these asshats.  Any ideas on where to reach them?  Their attorneys aren't adequate to receive service.  In the US, every corporation and LLC must have a registered agent that is available to accept service of legal papers.  I don't see that for the UK -- am I wrong?
You don't need a registered agent in the UK.

There's and interesting article here: http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html
Quote
The “Irrebutable Presumption” of Service
It can be difficult for parties to litigation to understand that, in legal terms, service is not the same as delivery or receipt. A claim form is deemed to have been served on a defendant even if it has been returned to the court marked undelivered – provided that it was sent to the last known or usual address of the defendant. The claim form is even deemed to have been served if the claimant knows that the defendant has left that address – unless they know the defendant’s new address.
This rule is so strict that there is nothing the defendant can do to rebut it even if they have conclusive proof that they never received the document. There is even case law that says that service was still good where a document was sent to a property which had previously been destroyed.


It seems to suggest just sending the letter to the right address is enough, even if the defendant does not receive it.

Addresses I have:

Current:
66 Dickenson Road
Manchester
England
M14 5HF

Former (Accountancy firm):
66 Dickenson Road
Manchester
England
M14 5HF

Former (Residential):
3 Motcombe Farm Road
Heald Green
Stockport
Cheshire
England
SK8 3RW

My issue my local court won't accept that as valid service. I'm going by US rules, not UK but I will send it to the addresses you listed (except their accountancy firm).  I can't serve their legal team because they aren't agents for the purposes of service of process. I need to serve any employee or director of Alpha T.

Anyways, I'm still drafting the lawsuit, I'm just trying to push this through as soon as possible to get a judgment I can use in the UK to seize assets.

Thanks for the info again!
sr. member
Activity: 433
Merit: 250
Registered mail isn't being delivered?  Hmm...that's a problem for service of process.  I wasn't going to hire a process server because I figure no one worked in their offices but if I don't have an address to send mail, that will prove to be an impediment to obtaining justice against these asshats.  Any ideas on where to reach them?  Their attorneys aren't adequate to receive service.  In the US, every corporation and LLC must have a registered agent that is available to accept service of legal papers.  I don't see that for the UK -- am I wrong?
You don't need a registered agent in the UK.

There's and interesting article here: http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html
Quote
The “Irrebutable Presumption” of Service
It can be difficult for parties to litigation to understand that, in legal terms, service is not the same as delivery or receipt. A claim form is deemed to have been served on a defendant even if it has been returned to the court marked undelivered – provided that it was sent to the last known or usual address of the defendant. The claim form is even deemed to have been served if the claimant knows that the defendant has left that address – unless they know the defendant’s new address.
This rule is so strict that there is nothing the defendant can do to rebut it even if they have conclusive proof that they never received the document. There is even case law that says that service was still good where a document was sent to a property which had previously been destroyed.


It seems to suggest just sending the letter to the right address is enough, even if the defendant does not receive it.

Addresses I have:

Current:
66 Dickenson Road
Manchester
England
M14 5HF

Former (Accountancy firm):
64 Dickenson Road
Manchester
England
M14 5HF

Former (Residential):
3 Motcombe Farm Road
Heald Green
Stockport
Cheshire
England
SK8 3RW
hero member
Activity: 532
Merit: 500
Wow, the Alpha forum is a ghost town https://forum.alpha-t.net/

I noticed a few posts got deleted overnight but without Fiaz, there just isn't the same level of zeal. I suppose he's working on his new catchphrase, instead of "soon" it's "would you like fries with that?" Cheesy

With only Mubasher Akram working at Alpha, I don't see how they have any hope of surviving until September. If you haven't already done so I suggest you get the ball rolling on recovering your funds. It's probably too late at this point but its worth a try.

I would also suggest that someone drop by their office to see if anyone is even there. It's been posted in this thread that registered mail isn't being delivered and that doesn't bode well. Send a local debt collection company if you cannot find someone, but before you spend any money on solicitors and such you really need to know if there is anyone left to prosecute.

Registered mail isn't being delivered?  Hmm...that's a problem for service of process.  I wasn't going to hire a process server because I figure no one worked in their offices but if I don't have an address to send mail, that will prove to be an impediment to obtaining justice against these asshats.  Any ideas on where to reach them?  Their attorneys aren't adequate to receive service.  In the US, every corporation and LLC must have a registered agent that is available to accept service of legal papers.  I don't see that for the UK -- am I wrong?

Why not address it to their "legal team". If it exists at all.
hero member
Activity: 616
Merit: 500
If we could put cameras in their offices, it could make for a great show.
member
Activity: 60
Merit: 10
office
Aug 07

xx our terms state that payment will be required within 8-10 weeks of shipment date. This means payment is required by this time, that is why we are requesting payment now from customers too, if a customer has paid before this time then their order is confirmed. Nowhere in those terms does it say the customer is not eligible to pay earlier.
It is merely stating when payment is required by us in order to complete assembly and shipment.  

office
Aug 07

Hello xx
Our terms clearly state a refund policy that is only in relation to the deposit amount and the refund policy clearly states that there are refunds upto 5 months, there is no refund policy after 5 months as that is beyond the refund timeline. Please view our terms again.
Also the dsr does not apply to our products as our products are not a consumer product. Our products are only for the sole purpose of mining cryptocurrencies which is a business activity and is taxable in the uk.  



Aug 07

Also, Alpha, I quote your terms on Jan 1

 The remaining payment to complete final assembly and shipment, will be required within 8-10 weeks of shipment date. If payment is not made in a set timely manner, we presume you no longer want the item, and will incur a majority penalty fee on your deposit refund and may be forfeited.

 "Within 8-10 weeks of shipment date."

 This is your terms specifically stating when payment is due in relation to shipping. You requested payment. You did not ship.

 Do you not have a copy of your terms from January that I agreed to?



Date: Thu, 7 Aug 2014

That's a great way to try and look at it. You ignored the entire other half of this message. I still want my refund.
 
Aug 07

That's a great way to try and look at it. You ignored the entire other half of this message. I still want my refund.


Aug 07 12:44 PM

In our terms we clearly state that payment will be taken 8-10 weeks before we expect to deliver, this is a statement. We are in the 8-10 week period now as our terms state delivery can be upto q3 and customers are still allowed to pay which means the terms are not broken.
 You can still pay now if you did not pay earlier.
 We did not state specifically that we have to ship after 8-10 weeks, it was just a statement that we will be taking payments at this time, and we currently are.
 Nowhere in our terms does it state we cannot take payments earlier than 8 to 10 weeks before shipment, it was simply a statement to tell customers when payments will be taken so they can prepare.


Aug 06

 Alpha Technology,
 Nowhere in the terms and conditions that I agreed to does it say, anywhere, under any circumstances, that after 5 months have passed there will be no opportunity for a refund before product delivery. It is fine that you are still on track for a Q3 delivery. That is great. It does not affect my request for a refund. As you have absolutely nothing written in your terms regarding cancellation between 6 months after order and before product delivery, I am within full legal rights to request a refund and unless you provide it, you are the ones who will be violating not only your own terms and conditions, but the laws in your own country and the laws in my country (USA).

 Additionally, you have in fact, violated your terms and conditions. Payment 8-10 weeks before delivery of the product. You sent a final invoice for payment of the product. Only days later you had your credit card processor cancel your ability to receive payments, thus rendering my final payment plan useless. Additionally, 8-10 weeks have passed since you have requested this botched payment, and the product is still nowhere ready for delivery.

 This is clear violation of your terms by you.

 Refund of this transaction is demanded and I have already opened a court case with your local UK tribunal courts. This will effectively be your last opportunity to resolve this out of the courts and not have to pay for my court fees as well when I prove to them in many ways how you have in fact, violated your own terms and broken the law by refusing me my lawful refund.

 Remember my offer in e-mail to you still stands. You may transfer the return to me via bank transfer, Paypal, or Bitcoin.

Thanks and have a great day.
xx
 
 
Hello xx
 No terms and conditions of our product have been broken, our terms stated we have till end of q3 to deliver, july was an early expectation which we did not achieve but was in no way part of the terms and conditions.
 You will be refunded as per the terms and conditions you accepted when originally placing your order.
 If you have not paid the full balance for the product you are not eligible for a refund as per our terms as you are requesting the refund after a 5 month period of paying your deposit.
 If you have paid the full amount we will refund you the 30% deposit in full. This will be done via bank transfer as bitpay withdraws our funds instantly to our bank account. You will need to email us quoting this email to [email protected]

 
 
newbie
Activity: 124
Merit: 0
Wow, the Alpha forum is a ghost town https://forum.alpha-t.net/

I noticed a few posts got deleted overnight but without Fiaz, there just isn't the same level of zeal. I suppose he's working on his new catchphrase, instead of "soon" it's "would you like fries with that?" Cheesy

With only Mubasher Akram working at Alpha, I don't see how they have any hope of surviving until September. If you haven't already done so I suggest you get the ball rolling on recovering your funds. It's probably too late at this point but its worth a try.

I would also suggest that someone drop by their office to see if anyone is even there. It's been posted in this thread that registered mail isn't being delivered and that doesn't bode well. Send a local debt collection company if you cannot find someone, but before you spend any money on solicitors and such you really need to know if there is anyone left to prosecute.

Registered mail isn't being delivered?  Hmm...that's a problem for service of process.  I wasn't going to hire a process server because I figure no one worked in their offices but if I don't have an address to send mail, that will prove to be an impediment to obtaining justice against these asshats.  Any ideas on where to reach them?  Their attorneys aren't adequate to receive service.  In the US, every corporation and LLC must have a registered agent that is available to accept service of legal papers.  I don't see that for the UK -- am I wrong?
sr. member
Activity: 433
Merit: 250
OK, Just got my Reply from mastercard. Since it´s been more than 120 day´s, they can´t do anything about it. They suggested to open a Claim with Paypal.
In the UK at least it's 120 days from the day you became aware of the problem. Not 120 days from payment. As Alpha failed to deliver on 31st of July as they stated many times, that is the date the chargeback clock should start running.

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

Quote
Time limit  There is a time limit on chargeback claims - typically 120 days - which starts from the day you become aware of a problem. There is also an overall cut off point of 540 days for Visa chargeback. Therefore, your deadline for requesting a chargeback is 120 days from discovering you have a problem, or 540 days from the transaction date, whichever comes first.
hero member
Activity: 655
Merit: 504
You wan chili saus?
That's bullshit, they can open a claim greater than 120days, they just don't want to. PayPal will do nothing for you. Call Mastercard back and ask to speak to a supervisor.
newbie
Activity: 28
Merit: 0
I called Discover and said I wanted to dispute a charge, gave the date of the order and the merchant name, explained it was an order for a computer that was supposed to ship some months after I ordered it but never arrived and that I had tried to contact the merchant to request a refund but had been denied. That was it, I wasn't too specific about the date it was supposed to arrive. They did ask why I waited so long to dispute it, and I explained it was an order for an item that hadn't been released yet, but that the date of it's release had come and gone with no product arriving. They didn't need any additonial info.

This triggered a dispute in PayPal almost immediately with the description "Item never arrived", in the details it said "We're reviewing this chargeback and we'll contact you if we need more information. You don't need to do anything further at this time". Opened it on June 30th, didn't hear anything from Discover or PayPal, case closed in my favor July 16th.

I did exactley the same with Mastercard yesterday. Waiting for them to get back to me. Will be keeping you guys informed...

OK, Just got my Reply from mastercard. Since it´s been more than 120 day´s, they can´t do anything about it. They suggested to open a Claim with Paypal.
newbie
Activity: 46
Merit: 0


If you request a refund and you are denied and you paid in January, they are violating their terms
Reason: Terms only state less refund at 3-5 months but nothing about no refund between 6 months and final delivery!




This is a genius point, it doesn't actually say there is no refund after 6 months. Just has that horrible £70 handling fee!
newbie
Activity: 6
Merit: 0
Well Alpha have banned me on their forums now..... Good approach.... Have been in contact with consumer advicer EU and Alpha actually may be right about their BB policy because EU counts this kind of products as money making machines and therefore consumer rights are not void.  But they still broke some points of the agreement and didn't deliver in time of 8-10 weeks after final payment were asked,  I also paid in full.

No way, consumer law stands. Speak to the Citizens Advice Buereau in the UK.

Are you a Business? I'm certainly not, so there can be no B2B agreement.

I am sending all my correspondence off to the CC Conpany tomorrow and expect a credit within a couple of weeks.
newbie
Activity: 34
Merit: 0
Well Alpha have banned me on their forums now..... Good approach.... Have been in contact with consumer advicer EU and Alpha actually may be right about their BB policy because EU counts this kind of products as money making machines and therefore consumer rights are not void.  But they still broke some points of the agreement and didn't deliver in time of 8-10 weeks after final payment were asked,  I also paid in full.
member
Activity: 60
Merit: 10
Has anyone taken these to the UK small claims court yet?

I bought a 5MHs (now 50MHs) in the second round of orders at end of March so I'm still within the 5 month refund window, however they are only offering a refund 50% - £70.

Although these are obviously trying to pull a fast one here, I'm trying to identify the exact terms they have broken. The only thing I have found that I think would be arguable in a court, is in the original terms they said miners would ship 8 - 10 weeks after the request for final payment. This request happened on May 22nd however they haven't shipped yet.

The other possible argument is around the required power for the miner. The original 5MHs was going to draw <= 70W looking here http://web.archive.org/web/20140212231631/https://alpha-t.net/product/scrypt-asic-miner. However, with the upgrade to now be 50MHs the power requirements have shot up to <= 375W which I think is another possible point to argue for a full refund on?

I paid by Bank Transfer as this was the only option in the March batch of sales, so no CC claim for me!

In the process of. The claim has been submitted.

Alpha has violated the following:

Claiming Paypal would be an option for final payment and not offering it.
(Now they say they are offering it at the end, but that would be impossible to offer it 8-10 weeks prior to shipping)

They requested payment for final delivery 5/22/2014 and 8-10 weeks have passed and the product is nowhere near shipping.

By requesting delivery and then pulling the option for credit card transactions only days later
(Thereby forcing buyers into an unprotected transaction.)

By trying to illegally fool their customers into believing this was a business to business transaction.
(We do not care about Alphas tax guidelines. We as consumers are not businesses.)

By trying to illegally fool their customers into believing consumer laws do not apply to their transaction.

Somewhere in there is grounds for conspiracy charges.

If you request a refund and you are denied and you paid in January, they are violating their terms
Reason: Terms only state less refund at 3-5 months but nothing about no refund between 6 months and final delivery!


member
Activity: 60
Merit: 10
Alpha hasn't run yet. Bitpay got back to me on this situation.... They sent a complaint to Alpha. Alpha replied with their typical bullshit saying they haven't broken their terms, and I am not entitled to a refund.

I explained how it has absolutely zero reference to not being refunded in full after 6 months of payment but before product delivery.

I then explained how they have in fact broken their terms and conditions by requesting payment greater than 8-10 weeks ago and still being far off from delivery.

I informed them I have already started a case with their local UK tribunal courts and this would be their last opportunity to resolve the matter outside of the courts.


Could you provide us some guidance about dealing with bitpay refunds, please?

You can email [email protected] and you will ideally need a copy of the transaction, or, sending address, receiving address, time / date, amount, your own name and email address, and reason for the email (you are being denied a refund.) Bitpay is unable for force a refund (due to the nature of BTC) but they will act as an intermediary in attempting to facilitate a refund with Alpha. Alpha will likely refuse, but you can state your points and save the records and this will be additional valuable evidence for you if you end up suing them etc.
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