Topic: [GUIDE] if you have been scammed by a Swiss Crypto Company (Read 176 times)
Wow i though there are none of Swiss scam companies as such because the county has very respectable reputation.
Nice edit, great work Jey
I've been scammed too by a Swiss startup but the amount is too small for me to take legal actions. I might end up losing more if I pursue chasing those scumbags. This is a good guide for those who want to get a good fighting chance.
I will not take legal action because the funds I invest are not so big, so if I take the legal path will spend more funds. but thanks for the guides that have been given, it will be very helpful to everyone.
Thanks Memet_52 & Wvizmanos for your comments and sorry about your misadventure.I edited the post to detail costs associated to each step of the process.
The first 3 steps are reasonably "cheap", so if you have "only" a couple thousands invested it might still be worth the effort.
All the best
Jey
I will not take legal action because the funds I invest are not so big, so if I take the legal path will spend more funds. but thanks for the guides that have been given, it will be very helpful to everyone.
I've been scammed too by a Swiss startup but the amount is too small for me to take legal actions. I might end up losing more if I pursue chasing those scumbags. This is a good guide for those who want to get a good fighting chance.
Great work collecting all those precious info Jeycreative !!
We need to keep Switzerland free of those scammers.
I hope our project will set a new models on ethics and consumer protection.
All the best to you
William
We need to keep Switzerland free of those scammers.
I hope our project will set a new models on ethics and consumer protection.
All the best to you
William
Dear BitcoinTalk Community,
if you read this post, you might already suffer from an uneasy gut feeling about a recent transaction you recently made.
It happened to me with Bitmine and some shady cloud mining years ago.
I reacted and took legal action, but it was too late... the crooks have flew away.
This week I was posting my comments about another Swiss crypto mining venture and got banned instantly.
If that is not a red flag, what is ? During my 5 min intervention some users saw my message and contacted me to warn me in private about the owners but were not sure what they should do about it.
Well, here is what to do to defend your rights and have the best chance for a refund.
Some legal knowledge first
When can You contest a contract?
A contract can only be contested if it is defective in some way. The following defects in particular can affect a contract:
Article 21 of the Swiss Code of Obligations (CO) regulates the case of unfair advantage. Where there is a clear discrepancy between performance and consideration in a contract that has been concluded through one party's exploitation of the other's position of need, inexperience or thoughtlessness, the party who is at a disadvantage may declare within one year that they will not honour the contract and may demand restitution of any performance already made.
Articles 23 and 24 CO regulate the case of contracts concluded in error. They provide that a party who makes a serious mistake as to the circumstances when entering into a contract is not bound by that contract. The error must be substantial, i.e. so serious that if the party in error had known the true situation, they would not have signed the contract. It is advisable to inform the other party in writing that the signed contract is considered invalid on the grounds of a substantial error. If a party has been induced to enter into a contract by a fraudulent misrepresentation made by the other party, the contract does not bind the deceived party (Art. 28 CO). Fraudulent misrepresentation arises where a party to a contract lies about or fails to disclose a certain fact, such as falsely claiming that goods are of a certain quality. It is advisable to inform the other party in writing that the contract is considered void on the grounds of fraudulent misrepresentation.
more information from the official source: https://www.konsum.admin.ch/bfk/en/home/dienstleistungen/auskunftsstelle/faq.html
Step 0 If you have a juridic protection insurance, call them to assist you in the process. Or a Lawyer if you act early and have a decent amount invested. FYI my bit mine case cost me around $2000 in lawyer for no effect yet, case open in 2016 and still pending.
Step 1 If they don't answer to your refund request via email or phone, Act Fast! Send a registered refund letter to the company stating how much they owe you, how to refund you, and that they have 10 days to answer this refund letter.
If you are not living in Switzerland, I can serve as a mailbox for you and post your letter, PM if it is the case.
EDIT: Cost $10 max to send from Switzerland
Step 2 The company have 10 open days to answer your letter, If they don't persist...or go to
Step 3 Submitting a request for debt enforcement using these links: German - French - Italian
No English version of this website, but I can help you fill it in French if needed.
This website is in English but you still need to fill the request in one of the three national language.
https://www.ch.ch/en/debt-enforcement-request/
EDIT: Cost $100 for amount reclaimed below 100'000 CHF and $200 for amount between 100'000 and 1'000'000 CHF.
Step 4 The company will receive your debt enforcement request and can pay it or oppose it.
Here is the debt collection process in French - German - Italian
If they oppose to your debt enforcement request, you'll most certainly need to go through a judge to validate your request and then the company will be forced to give you a refund. WARNING in most case the company will fill for bankruptcy when they are cornered into going to Court. So it is better to try to pressure them into refunding you before you have to push it to the tribunal.
Step 5 Take some legal action with a lawyer to validate your debt enforcement request
EDIT: Cost around 2'000 CHF
And then the long wait...
Good luck to you all, hope this post can be of some help for some of you.
Jey
BTC 1BkaenKBnj1fKRKtm5SejLDmCQwtyebE6c
Donations on this wallet will be used to pay for forwarding letters to users and related fees.
In case of a major donation, I'll help set a standard legal case with a Swiss lawyer and post it here so all users can modify it and use it in their cases.
if you read this post, you might already suffer from an uneasy gut feeling about a recent transaction you recently made.
It happened to me with Bitmine and some shady cloud mining years ago.
I reacted and took legal action, but it was too late... the crooks have flew away.
This week I was posting my comments about another Swiss crypto mining venture and got banned instantly.
If that is not a red flag, what is ? During my 5 min intervention some users saw my message and contacted me to warn me in private about the owners but were not sure what they should do about it.
Well, here is what to do to defend your rights and have the best chance for a refund.
Some legal knowledge first
When can You contest a contract?
A contract can only be contested if it is defective in some way. The following defects in particular can affect a contract:
Article 21 of the Swiss Code of Obligations (CO) regulates the case of unfair advantage. Where there is a clear discrepancy between performance and consideration in a contract that has been concluded through one party's exploitation of the other's position of need, inexperience or thoughtlessness, the party who is at a disadvantage may declare within one year that they will not honour the contract and may demand restitution of any performance already made.
Articles 23 and 24 CO regulate the case of contracts concluded in error. They provide that a party who makes a serious mistake as to the circumstances when entering into a contract is not bound by that contract. The error must be substantial, i.e. so serious that if the party in error had known the true situation, they would not have signed the contract. It is advisable to inform the other party in writing that the signed contract is considered invalid on the grounds of a substantial error. If a party has been induced to enter into a contract by a fraudulent misrepresentation made by the other party, the contract does not bind the deceived party (Art. 28 CO). Fraudulent misrepresentation arises where a party to a contract lies about or fails to disclose a certain fact, such as falsely claiming that goods are of a certain quality. It is advisable to inform the other party in writing that the contract is considered void on the grounds of fraudulent misrepresentation.
more information from the official source: https://www.konsum.admin.ch/bfk/en/home/dienstleistungen/auskunftsstelle/faq.html
Step 0 If you have a juridic protection insurance, call them to assist you in the process. Or a Lawyer if you act early and have a decent amount invested. FYI my bit mine case cost me around $2000 in lawyer for no effect yet, case open in 2016 and still pending.
Step 1 If they don't answer to your refund request via email or phone, Act Fast! Send a registered refund letter to the company stating how much they owe you, how to refund you, and that they have 10 days to answer this refund letter.
If you are not living in Switzerland, I can serve as a mailbox for you and post your letter, PM if it is the case.
EDIT: Cost $10 max to send from Switzerland
Step 2 The company have 10 open days to answer your letter, If they don't persist...or go to
Step 3 Submitting a request for debt enforcement using these links: German - French - Italian
No English version of this website, but I can help you fill it in French if needed.
This website is in English but you still need to fill the request in one of the three national language.
https://www.ch.ch/en/debt-enforcement-request/
EDIT: Cost $100 for amount reclaimed below 100'000 CHF and $200 for amount between 100'000 and 1'000'000 CHF.
Step 4 The company will receive your debt enforcement request and can pay it or oppose it.
Here is the debt collection process in French - German - Italian
If they oppose to your debt enforcement request, you'll most certainly need to go through a judge to validate your request and then the company will be forced to give you a refund. WARNING in most case the company will fill for bankruptcy when they are cornered into going to Court. So it is better to try to pressure them into refunding you before you have to push it to the tribunal.
Step 5 Take some legal action with a lawyer to validate your debt enforcement request
EDIT: Cost around 2'000 CHF
And then the long wait...
Good luck to you all, hope this post can be of some help for some of you.
Jey
BTC 1BkaenKBnj1fKRKtm5SejLDmCQwtyebE6c
Donations on this wallet will be used to pay for forwarding letters to users and related fees.
In case of a major donation, I'll help set a standard legal case with a Swiss lawyer and post it here so all users can modify it and use it in their cases.
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