Fight Alpha Technology Scam

Fight => Small Claims - Post your Claim => Topic started by: fightalpha on August 05, 2014, 10:52:58 pm

Title: Small Claims Info
Post by: fightalpha on August 05, 2014, 10:52:58 pm
This has been copied and pasted directly from here (http://www.abunchacrap.com/Alpha01052014/atindex.html)

You can file small claims court proceedings online here:
https://www.moneyclaim.gov.uk/web/mcol/welcome

Money claim online can be used by people living outside the UK but you will need a UK address.
Fortunately you can use a service address. More information about money claim can be found here:
http://www.inbrief.co.uk/preparing-for-trial/problems-with-small-claims.htm

Small claims can be heard in absence (which means you don't have to fly to the UK) and the fees are very reasonable and can be found here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

You can contact the UK Citizen's Advice Bureau direct on 08454 040506 or fill out the form on their website. They will pass your complaint on to UK trading standards. If they receive enough complaints they may start a criminal investigation into Alpha. The form can be found here:
https://ssl.datamotion.com/form.aspx?co=3438&frm=citacomplainform&to=flare.fromforms

You can take these steps even if you are not a UK or EU citizen, as Alpha being a UK company are bound by UK Consumer law.

Below is a great site about one guys experience using Money Claim Online.
http://www.howtotakesomeonetocourt.info/joomla/

Or you could just sidestep the courts and unleash the debt collectors on to them. Cost: 15% of recovered funds. No win no fee.
http://www.debt-collection-service.co.uk/#

For those who are not in the UK and are considering using Money claim online you will need a service address.
This is an address in the UK where mail is sent, then forwarded on to you.
Here is one such company, I have never used them so check them out yourselves but they do forward mail internationally
and accept personal as well as business customers.
http://www.cityaddress.co.uk/index.html

Also here is a link to the Financial Conduct Authority's Share scam reporting form
http://www.fca.org.uk/consumers/scams/investment-scams/share-fraud-and-boiler-room-scams/reporting-form

Finally, you must write a certified letter to Alpha and allow them 14 days to respond before suing them. Here's a good template to use: http://www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim

Alpha's official address is:
Alpha Technology (INT) Ltd
66 Dickenson Road
Manchester
M14 5HF
England, UK

The fee to file is 185 GBP which will automatically get added to the amount that you're suing Alpha for.
Title: Re: Small Claims Info
Post by: alpha_feng on August 19, 2014, 05:37:55 pm
I just mailed a mediation letter to the address of Alpha Tech from a friend address in Lancaster. In the letter, I asked AT to reply
within two weeks, up to Sept 1st. Your site provides more information of Small Claim in UK that what I had learnt before I sent the letter.
Title: Re: Small Claims Info
Post by: fightalpha on August 20, 2014, 06:19:07 am
Great! Here's my official letter that I sent via certified mail:

[My details]

Alpha Technology (INT) Ltd
66 Dickenson Road
Manchester
M14 5HF
England, UK

Dear Alpha Technology,
[Re: Alpha Technology breached their Terms of Order. My Order is #XXXX]

I wrote in an email on August 1st outlining the breaches you have made in our Terms of Order agreement from my email address xxxx@xxx.xxx. I responded to your email with a rebuttal and again requesting my refund, and you have not responded further to my emails. As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

You breached our Terms of Order agreement. In those terms you state:

1. Booked shipments will be delivered within Q2/Q3 of Year 2014. Live updates shall be provided on exact shipping date.
2. The exact shipment date shall be notified on our website.

The shipping date was posted on your website as “July”, and later more specifically “July 15-31st”. There are numerous examples of this date being officially posted as the “exact shipping date”. They are:

1. Initially on March 19th, mentioned in your “Matching Competition” email:
“We’ve started development in May 2013 and are on schedule to ship in July..”

2. Again on March 27th, in your official “Letter from the Managing Director”:
“We are very satisfied with our development, we will be releasing a high quality, fully featured, industrial grade miner that should endure for years, at the very least until it is no longer needed, by July”

And, in big bold letters in that same email:
“Our development started May 2013 and is scheduled to finish July 2014.”

3. On March 29th, in your “Developmental Update” email:
“Just a reminder, it is the same deal as last time; we are only asking for a 30% deposit and your shipping starts July.”

4. On May 22nd, in your “Payments” email:
“We're happy to inform you that development is finalizing and we are on track for shipment in July.”

5. On May 27th, in your “Performance Increases!” email:
“…we will still be shipping in July; even with the increased hash rates!”

6. On May 29th, in your “Updated Invoice” email (emphasis is mine):
“we are still on track for the promised shipping date.”
“Rest assured it will never come at any cost to our shipping schedule, shipping will not be delayed.”

7. June 20th, in your “Viper Update” email:
“We will also be releasing a full guide on how to use the miners both with the WebGUI and without it before shipment (which will begin somewhere from the 15th-31st of July)”

In summary, an exact shipping date was advertised since March, re-iterated weekly on both official email updates and on your official forum by your spokesman Fiaz, and finally promised on May 29th in your official email. Alpha had pushed their promised shipping date as a main selling point, and it was the sole reason I didn’t request a refund back in March. The promised exact shipping date of July 15 - July 31st came and went, and on August 1st our Terms of Order agreement was breached and voided.

Furthermore, our Terms of Order state that “Payment will be accepted in Paypal, Bank Transfer and Bitcoins.” and that “Deposit payment and final payment can be paid through different payment options”. You are currently not accepting Paypal for final payment, and there is no mention in the terms that Paypal was limited to deposit payment only. Therefore you have breached both shipping and payment agreements in our Terms of Order.

From you I am claiming a full refund in the amount of £3,270.

I have calculated this sum from the original invoice #XXXX for the cost of 2 Viper (Scrypt) Miners.

Listed below are the documents on which I intend to rely in my claim against you:
Our Terms of Order agreement
Your official emails

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
• All revisions of your Terms of Order, the current one being found at https://alpha-t.net/terms-order/

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I am not willing to entertain the possibility of anything less than a refund in full, though I am willing to concede a small and reasonable payment for processing my full refund.

In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 14 days.

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
Title: Re: Small Claims Info
Post by: MoonCat on October 18, 2014, 12:56:05 pm
Hi Guys - Great site - Thank you

But do you have copies of the original terms and conditions to support the claim, Alpha T have changed them?
It would be helpful to have a download of all supporting documentation.