I do not post here very often, however I want to share some insight information regarding MtGox deposits and OkPay.
I had a chance to communicate with OKPay management and they told me that OkPay litigated with MtGox company to be able to refund money directly to the clients but MtGox denied such action.
Recently OKPay complied with the BVI court decision and had to sent the funds to MtGox. And it looks like they were struggling for customers until the last minute.
There is absolutely no point of suing OKPAY because the company already complied with the court decision.
Right now we have to continue addressing this issue to MtGox as they caused us such troubles in the first place as well as they are in legal possession of our recent deposits.
okpay-action are you saying you want to sue a party for a promise (not even a documented agreement) that legally cannot be kept? what a joke lol
Just re-read the message again.
We want to assure you that your recent payments are on the internal MtGox account in the OKPAY System, and, if the MtGox company cease to exist without fulfilling its obligations to customers, we will send your recent payments back to your OKPAY account; so your funds will not be lost or stuck without any reason when we receive a confirmed report on the situation.
In fact, I see what was meant is that the funds will not be released before any decision (such as a court decision) is made. It is clear that OKPay
did not say they'll refund the money no matter what. Court decision is a final decision - any legal organization has to comply with it.
We want to assure you that your recent payments are on the internal MtGox account in the OKPAY System, and, if the MtGox company cease to exist without fulfilling its obligations to customers, we will send your recent payments back to your OKPAY account; so your funds will not be lost or stuck without any reason when we receive a confirmed report on the situation.
They are saying the money will be refunded if MtGox doesn't fullfill its obligations to customers.
MtGox lawyers have been clever to get the money to MtGox to be consumed away by fees. Probably OKPAY just thought it will be easy for them to hand out the money to MtGox rather than fight for their customers who made the deposits. This is from the MtGox website and the postcard that was sent to creditors:
(6)
(i) Any person assuming debts to the bankrupt shall not reimburse the debts to the bankrupt entity.
(ii) Any person possessing assets of the bankrupt shall not deliver such assets to the bankrupt entity.
It is for the court to decide whether OKPAY had a promise to be kept, transferring money to MtGox is a separate case. The question is what OKPAY was supposed to do with the customer money and we will find that out. We already have a lawyer and we are very confident in this class action. Friend of OKPAY who is communicating with the managament has nothing to do in here and we are not taking advice from him, we have our lawyers for that.