Thoughts?
Yes, HF's lawyer would be a problem. He has a good reputation.
I think the facts of the transactions are the real problems.
Even their lawyer can't perform miracles. They can only delay, obfuscate and confuse the issues.
As long as you know what was said/promised, this is relatively easy.
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They promised (in writing) and (as self represented) a refund in multiple avenues of a specific type and condition.
Even if they shake their lawyer in the hopes that he will come up with something....he's probably just gonna go for "persuasion".
Those checks in the mail probably aren't HF's ideas. They are probably the lawyers ideas on how to get around the impossible scenario they have gotten themselves into. The silence that followed is probably the extra Advice for HF's employees and representatives to follow. Lest they get themselves even deeper into shitstorms.
All speculation of course, no actual reason to say otherwise though.
I'm not an expert on US law, but where I'm from you can cash a cheque & still remain able to claim the remainder of what you claim to be owed.
You have to reply to them promptly in writing (make sure to date and photocopy the letter before sending it) saying "I have received your cheque as partial payment against the $xxx/BTCxxx owing to me as a refund from non-delivery of my [product name]. Please promptly pay the remainder outstanding, which is $xxx/BTCxxx." If you want you might also give them a deadline after which you will charge (a reasonable) rate of interest. Obviously, if you're claiming BTC back you will need to show how you have calculated their USD payment against the BTC balance.
Meanwhile, cash the cheque before they realize what you've done & stop payment.
I'm not a lawyer, but i did study fair trade law to 300 level at uni & there was case law supporting this. I'm sure there will be a similar law/precedent in the US but you should probably check to make sure. Again, not 100% positive about the US, but this worked in a case even where the cheque was sent with a note saying it was "final payment". It could be a way to play Hashfast at their own game.
You could do that, but that just adds an immense complication.
You'd be better off writing the letter first and giving them notice and wait for their response. (while not cashing the cheque.)
Still interested in any reports from the wild of cases where "forced refunds" are issued, either for people who paid in USD or for people who are not Batch 1 (regardless of form of payment).
It's not really my thing, but I think you guys that paid BTC in Batch 1 ought not to fall for their terminology. Don't call those checks "refunds", call them "unsolicited attempted buyouts" ("UABs") or something like that. Winning the terminological battle can be important.
Follow this guys advice.
You should probably also stop calling your BTC money and consider calling it "a transfer of property" while you are at it.
A property which inherent value is worth XXX,XXX USD.
