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Topics - fightalpha

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1
Success Stories / Form N349 - Successful
« on: August 11, 2015, 11:23:20 pm »

2
Judgements / Form N349 - Successful
« on: August 11, 2015, 11:07:13 pm »
Form N349 is a "3rd party debt order". It order's Alpha's Bank (Lloyds Bank) to pay an amount granted by a Judgement. We have had a successful N349 form force Alpha to pay a Judgement the amount of 4,500 GBP. Here is Lloyds Bank's response, stating that Alpha does have funds with them:



Here's the final order from the judge ordering Lloyds to send the money:


And here is the final amount deposited into their account:


So, N349 WORKS.  Note: even though this person paid in Bitcoin, they got paid back in  USD.  So, even if you paid in bitcoin you can get refunded.

IF YOU ALREADY HAVE A JUDGEMENT: Download the "Sample N349 Package" below and modify it to fit your needs. It includes a Form with notes on what you need to fill out, a blank form, as well as a witness statement. These items need to be sent to the court (hand-delivered). Fill it out, then call LPC law and they will deliver it for 90 GBP for you (www.lpc-law.co.uk). You must also send 100GBP for the form, but that cost is recoverable from the court.

Once it's been filed, the judge will grant an interim 3rd party debt order. This means the funds have been frozen, but you need to wait till a final hearing before the money is sent to you. When you receive it, email a copy to Alpha. When your hearing date comes (usually ~1-2 months after you submit), then you need to get a representative to show up for you (again, call LPC law). Give that representative the witness statement, and the emails proving you sent a copy to Alpha.

IF YOU DO NOT YET HAVE A JUDGEMENT:  If the amount you are seeking back is large (~1500GBP or more.. ) then CALL LPC LAW. They will handle EVERYTHING for you for a fixed fee. It is well worth it.. the time and peace of mind is tremendous. They have already won a few lawsuits so they know how to do everything.  More info here: http://fightalpha.net/index.php?topic=26.msg61#msg61

If you are seeking a small amount back -- then your best bet is to follow the steps yourself: http://fightalpha.net/index.php?board=8.0

Good luck! We're here to support you.

3
Success Stories / PayPal Honors Court Judgement!
« on: May 20, 2015, 06:17:14 pm »
EXCELLENT NEWS. After a customer had won a court judgement against Alpha, they wrote in to PayPal; directly to their  legal department and they paid up!

They refunded the money in full, but it didn't include court costs so the customer still needs to get that through another means.. but a huge chunk of his money he has finally gotten back after a long time waiting (he ordered in early 2014).

I've attached a copy of PayPal's response. Thanks everyone and know that this is an avenue you have open thanks to this smart guy!

EDIT: Here's the letter the person sent:
---------------------------------------------------

Quote
Dear PayPal Legal Team,

I’ve been asked to contact you regarding a legal judgment I received against Alpha Technology. I made a payment to Alpha Technology, via PayPal, on [DATE]. I sent payment for a product, that to this day, has not been received. Recently I brought a lawsuit against Alpha Technology to the [COUNTY COURT WHERE CASE WAS HEARD]. The court found that Alpha Technology had acted unreasonably and had broken the terms of agreement. A judgment was issued to the claimant, [CLAIMANT NAME]. It is to my understanding, through numerous talks with PayPal customer service, that my original funds have not been released to Alpha Technology. I request that based on the judgment that has been awarded by the court, that PayPal refund this money back to my account. I’ve included the original PayPal transaction, County Court Judgment, and my personal witness statement used in the court hearing.  Please let me know if there are more supporting documents needed.

[YOUR NAME]

4
Judgements / Winding Up Alpha
« on: April 20, 2015, 11:28:49 am »
I have been in talks with a law firm that is very good at Debt Recovery.

I am negotiating a flat-fee cost for winding up Alpha. If Alpha is wound up, their assets will be seized and sold to pay off debts. You *DO NOT NEED to have a Judgement* to participate in a winding up order. If you are interested in joining, I need from you:

1. Your full name
2. The Amount that Alpha owes you.
3. Your full address

Send me these items and I will compile them, and get them over to the law firm. The deadline is WEDNESDAY APRIL 22nd.

Send it to jake@fightalpha.net

For those who want PROOF, I have received permission to post the law firm, which is Fieldfisher, and I'm working with the head of the firm's debt recovery department, Mr Rob Surridge. His contact details are here: http://www.fieldfisher.com/people/s/robert-surridge

I've attached our conversation as MP3. Feel free to take a listen.

The way the winding up process works works, is that there needs to be a "spearhead" person, which is me and I'll be the one that works with Mr Surridge as his client. Everyone who joins in the petition is a 'supporting creditor'. Does this mean that I get paid first if Alpha is wound up? No, not at all. Everyone that joins in the petition is at the same level, meaning Alpha's funds/assets will be divided among all of us evenly (if there is any at all!) This is all spelled out in the conversation I had with Mr Surridge, which is attached as MP3.

I've negotiated a flat-fee of 3300 GBP with Mr Surridge, a cost which will be split among all the final participants. There are about 40 now who are interested. I'm sure how many will go through with it, maybe only 80% of those who expressed initial interest will want to go through with it, so I'll ask for an amount from each participant in that range. I'll setup a paypal account and a final email on Wednesday with the amount you need to send (in GBP) to be considered as part of the supporting creditors in the petition.

Some will say that we shouldn't do this, that we should let Alpha flourish as a company.. to let them try to get back on their feet and hope to retrieve our money at a later date. I feel that is wrong; it will just give Alpha more time to make a clean getaway. If they have the funds and assets , great we all get some of our money back. I'm happy with that. If they don't have the funds and assets then they aren't gonna make it as a company anyway.

Wednesday April 20th is the deadline. Send your 1. full name 2. Amount that Alpha owes you (in GBP!) and 3. full address to jake@fightalpha.net if you want to be considered.

Keep an eye out for my final email on wednesday.

Fight on.
 
============================================

Update: Another conversation from the law firm, answering many of the questions that were posed to me: http://fightalpha.net/uploads/more-info-fieldfischer.mp3

5
Alpha's Counter-attacks / Alpha T - their witness statement
« on: March 24, 2015, 04:26:48 pm »
See the attached Witness Statement that Alpha used. Note that it doesn't address Distance Selling Regulations, which entitle you to request and receive a full refund at any time before receiving the product, or within 14 days after receiving the product.

Again, be sure to apply for a "Summary Judgement" if you have received a case court date; you can win your case long before it goes to hearing: http://fightalpha.net/index.php?topic=145.0

6
Success Stories / Alpha Payout
« on: March 17, 2015, 12:43:32 am »
A nice photo of a payout by Alpha:

7
If Alpha used the defense that "You are not a UK resident", then you can request a summary judgement, because that is not a real defense.

A summary judgement means the judge will look at the defense, and if he sees it as a non-defense he will strike it out and you will win by default.

See the attached summary judgement sample application. Email it to your County Court.

8
Judgements / How to make Alpha Pay Up
« on: March 14, 2015, 12:40:13 pm »
Ideally, Alpha will pay you within 14 days of receiving their order to. If they don't, then you can take the next step in securing your money. You have a few options:

http://www.county-court-judgement.co.uk/

Any fees that are associated with those measures, are added onto Alpha's bill automatically. Someone even sent a bailiff directly to Muhammed's house, and he had to cut them a check right then and there!

If you're interested in becoming part of a Group Enforcement, which we will force Alpha into bankruptcy if they decide not to pay us, then leave a quick note here: http://fightalpha.net/index.php?topic=143.0

I'll be sending out an email to everyone in that group when the time comes.

9
Judgements / Group Enforcement
« on: March 14, 2015, 12:23:49 pm »
Welcome fighters, welcome WINNERS! There is strength in numbers. Join our group enforcement, simply by leaving a note here. When the time comes, I'll be emailing everyone who's posted in this forum. We're gonna take the nuclear option to Alpha.

This means forcing Alpha into liquidation by means of a "Winding Up" petition. Their company will be forced into bankruptcy, their assets will be sold and anyone in the group enforcement will be paid from those sold assets.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

UPDATE:
I have been in talks with a law firm that is very good at Debt Recovery.

I am negotiating a flat-fee cost for winding up Alpha. If Alpha is wound up, their assets will be seized and sold to pay off debts. You *DO NOT NEED to have a Judgement* to participate in a winding up order. If you are interested in joining, I need from you:

1. Your full name
2. The Amount that Alpha owes you.
3. Your full address

Send me these items and I will compile them, and get them over to the law firm. I will shoot off another email when we are ready for the next step, which will be soon.

Send it to jake@fightalpha.net

10
Small Claims - Step by Step Instructions / Step 8: FILE YOUR DOCUMENTS
« on: March 13, 2015, 07:34:20 pm »
You MUST file your documents with the court, AND send copies to alpha (via email) at least 14 days before your court date.

Your documents filed should include:

1) Receipt of your Payment to Alpha
2) A copy of the Terms of Purchase that you agreed to
3) Your Witness Statement (sample attached)
4) Emails (with screenshots of dates sent) to/from Alpha of you requesting a refund, and their response.
5) Any relevant Development Updates
6) Your defense packet (attached)

12
Success Stories / WIN: Alpha Looses, also found to be "Unreasonable"
« on: March 13, 2015, 06:05:31 pm »
SUMMARY OF HEARING (in the words of the solicitor)
===========================================

On entering chambers the Judge asked whether the Defendant had informed the Claimant that they were not intending to attend today. I informed the Judge that the Defendant had not contacted the Claimant at all since filing the defence. I informed the Judge that I had spoke with the court staff yesterday and I was made aware that an email had been sent to the court indicating that the matter should be dealt with on the papers. I referred the Judge to the order of Manchester Court which required the filing of consent for the matter being dealt with on paper. I informed the Judge that the Claimant had completed the relevant form and filed and served it before the deadline requesting a paper assessment due to the fact that the Claimant is resident in the US. However the Defendant had failed to consent to a paper assessment and as such the matter had been listed for hearing today.

The Judge stated that the Defendant had emailed the court only recently to request that the matter be dealt with on paper. The Judge was happy to confirm that this did not comply with the court order.

I proceeded to outline the case for the Claimant with reference to the claim form, defence and documents filed at court, including the witness statement of the Claimant which I had provided to the Judge. The Judge was happy to grant the judgement as requested including interest calculated from January 2014 to today at 8%.

I requested the usual costs of issue and the hearing fee before inviting the Judge to find that the Defendant had behaved unreasonably and as such he should allow additional costs. I referred the Judge to CPR 27.14 (2) (g) and set out the basis for the submission as follows; That the Defendant failed to inform the Claimant they would not be attending today, that they failed to file consent for a paper hearing in a reasonable timeframe, they have therefore incurred wasted costs for attendance today, they filed a defence which had no prospect of success as they failed to provide the product by the date stated in the defence and lastly that they failed to concede the case or amend their defence despite the absence of merit in their case.

The Judge was happy to find unreasonable conduct and he allowed my costs of attending today. He would not allow the cost maintaining the UK forwarding address despite my argument that it was reasonable in amount and necessary for the claim to have been dealt with by the online service and by the court.

==================

A HUGE SUCCESS.

7 cases were brought against Alpha. Alpha lost all cases against them, except those where the claimant failed to show. Let this be a notice to you: IF YOU SHOW YOU WILL WIN. You don't even have to be physically in attendance; you can simply write the court within 14 days of your court case, telling them you won't be in attendance and to handle the matters on paper. Be sure you send that notice to Alpha as well.

So, not only did Alpha loose, they were found "unreasonable" in their dealings, and had to pay interest on the money, as well as paying the full legal costs. They didn't even show up to court in person.

If you'd like the law firm that handled this, PM me.

I'll be posting more information soon.

13
Alpha's Counter-attacks / Alpha T - Defense Package
« on: March 03, 2015, 10:06:05 am »
Important Documents

A. TOS - Alpha Terms of Service agreement (January 2014):
https://web.archive.org/web/20140210051151/https://alpha-t.net/terms-order/

B. DSR - Distance Selling Regulations:
http://www.legislation.gov.uk/uksi/2000/2334/regulation/11/made

C. Revenue and Customs Breif 9(2014): Bitcoin and other cryptocurrencies:
https://www.gov.uk/government/publications/revenue-and-customs-brief-9-2014-bitcoin-and-other-cryptocurrencies/revenue-and-customs-brief-9-2014-bitcoin-and-other-cryptocurrencies

D. “Can you bring a claim in the English court?”:
http://sht.tl/uk-foreign-suits

E. Alpha’s Official May 22nd Developmental Update (Entitled Payments):
http://sht.tl/may-22nd-update

F. Alpha’s Official August 1st Developmental Update (Entitled Final Payment):
http://sht.tl/aug-1st-update


1. Alpha’s Defense

We have not done any business with any customer at the designated name and address. A [CUSTOMER NAME] is a NON-UK customer from the United States who we have indeed done business with, but as he is a non-uk customer it is out of UK jurisdiction.

Variations of the Same Defense:

After further investigation we can confirm we have not conducted business with a Johannes XXXXXX  at the address provided by the claimant. Please could the claimant provide proof of bank transfer to Alpha Technology (int) Ltd, and what name and address the product was ordered to (our issued invoice) and the exact amount as provided as in the claim. Once we have a correct name and exact address of order, with proof of business transaction and an invoice we can confirm who this claimant is and therefore can respond to the accusations put forward. If any details are incorrect from the claimant the claimant must use their correct details to file a NEW claim. We await proof of business transaction and correct customer name and address so we can confirm if this claimant is legitimate or not

We have noticed several claims with the same address, 83 Ducie Street. Whereas, we have never conducted business with anyone at this address.

1. Counterpoint:

(a) A UK address (forwarding service) was used to file correspondence with Money Claim & Manchester Court. The English courts are often used to resolve disputes involving parties based in other countries. The first point to note is that the residence, nationality, domicile or presence of the person bringing the claim is not directly relevant
to the question of jurisdiction. The first question the English court will ask is whether it has jurisdiction over the proposed defendant.

Note: I’m looking for a more official source of this information. For now, refer to Important Document D:  “Can you bring a claim in the English court?”

(b) Distance Selling Regulation - Under the DSR (Important Document B above), Regulation 11(1) and Regulation 12(1), the consumer has an automatic right to cancel and rescind a contract at any time from its formation until seven working days after the goods are delivered. According to Regulation 4(1), The Distance Selling Regulation applies “to distance contracts other than excepted contracts“, of which this is not an excepted contract.

   1a. Alpha’s Further Defense to DSR:
   Alpha will claim that the DSR doesn’t apply to this case because they categorize their customers as businesses rather than consumers. They will use Revenue and Customs Brief 9 (2014) as evidence of Bitcoin Mining purely being a business activity.

   1a. Further Counterpoint:
   a) Alpha never mentioned prior to sale that this would be treated as sales to a business. b) The Revenue and Customs Brief 9 was issued in March 2014. Purchase of the miner was made in January 2014. c) The machine was purchased with personal funds, under a personal name, and for non-business usage, but as a hobby. Coins mined from the machine would be collected for novelty purposes and for internet “tipping”. Tipping is similar to Facebook “Likes”. In this case, coins are given away freely to other individuals at no cost, as a way to show appreciation for funny or insightful content or comments found on the internet.



2. Alpha’s Defense

Alpha’s terms and conditions states that full refunds will only be provided if cancellation is made within one month.

2. Counterpoint:

Distance Selling Regulation also applies here (See counterpoint 1a above).

Alphas Terms of Service (TOS, January 2014, Important Document A above) states that shipping is guaranteed by Q3 2014. A deadline which was missed. Therefore the rest of the document is voided.


3. Alpha’s Defense

As per our terms and conditions our product is still in development and is scheduled to be delivered by Q3 (End of September) as stated here in our terms and conditions
https://alpha-t.net/terms-order/

We provide regular developmental updates and the customer is aware of this. If the customer requires a refund we refund them as per our cancellation policy which is also stated in our terms and conditions. Where they are required to email us and we instantly go through the relevant process of providing them with a refund.

We take a fee of the customer as they are requesting a refund before product has been completed and it puts us at a loss if we are half way developing a customers product, which is scheduled to be delivered by Q3 (end of September).

The customer is not eligible for a full refund or chargeback as per our terms and conditions as the product has not hit it's shipping time yet and scheduled shipping is still some time off where we are still in the developmental stage.

This is what the customer was aware of before accepting our terms and conditions by placing an order.

3. Counterpoint:

This defense was used by alpha before Q3 (end of September). Q3 has now come and gone, and as of March 2nd, the product has still not shipped and there is no announcement with a firm shipping date as of yet.


4. Alpha’s Defense

Alpha claims that the contract was breached because we haven’t paid the full amount.

4. Counterpoint:

Alpha repeatedly stated it did not require further payment beyond the initial 30% deposit which was paid upon purchase.

On Alpha’s official Developmental Update (Important Document E), entitled Payments, which was sent via email on May 22, 2014 to all of it’s customers Alpha states: “Customers who in the meanwhile cannot, or do not wish to, pay with Payza can simply wait. This will not affect your client status, nor your place in the order queue/shipment priority.”

And again in Alpha’s official Development Update (Important document F), entitled Final Payment, which was sent via email on August 1st to all of it’s customers Alpha states: “those who want to wait to pay via CC/DC or want to wait for 'proof' can do so. This will not affect your place in the queue and we are pleased to tell you it will still be based on the initial payment.”







Further Documentation:

Alpha’s Payment Processor (BitPay) suspends Alpha’s account after receiving many customer complaints: http://sht.tl/bitpay-suspends-alpha

Alpha investigated by Police because of multiple consumer reports of fraud:
http://sht.tl/alpha-investigated

Some posts from customers on Alpha’s official support forum voicing their anger over Alpha’s lack of communication and missed shipping deadlines:
http://sht.tl/angry-customers

Attached Documents:

Proof of Purchase / Order Receipt
My Claim & Alpha’s Defense

14
A list of posts from Alpha's on support forum:

Please notice the re- opening of batch one orders. Does this mean that they are ready to ship, or are they out of money and need more people to scam
https://forum.alpha-t.net/index.php?topic=890.msg7518#msg7518



It makes me so happy when my comment gets deleted on this forum, but you guys don't respect us enough to update us or refund us. You I'll say again: I asked you for a refund stating you broke contract. Your reply to me was: no you breached contract because you didn't pay us the full amount. Any reason for that? Any reason for telling me I haven't paid the rest of the money when you haven't even given a DATE YOU WILL SHIP?! YOU broke contract, not me. I was ready to pay. You are STILL NOT READY TO SHIP. WHAT THE LITERAL HELL IS GOING ON? Please delete this comment, too.
https://forum.alpha-t.net/index.php?topic=890.msg7517#msg7517



TWO WORDS------

CLASS ACTION

However, there are probably no assets to be had. Pathetic. I've totally lost my faith.
Even if they delivered tomorrow, the miners would be paper weights.

https://forum.alpha-t.net/index.php?topic=890.msg7515#msg7515



It is almost one year that we paid for pre-order.
how long more should wait?

https://forum.alpha-t.net/index.php?topic=890.msg7300#msg7300



Sorry to say guys, but Alpha are long gone.

The premises are empty, mail goes unreturned, the Directors are missing, and there is zero chance of either a delivered product or a refund.

I suggest "customers" report them to trading standards and the police.

https://forum.alpha-t.net/index.php?topic=1070.msg7341#msg7341

15
When you receive confirmation of your court date, be sure to PAY YOUR FEE. You can roll into the court costs that Alpha will be liable for in the end.

If you don't pay your fee, you risk your court case being thrown out. And if you have a letter forwarding service then you might miss the letter. BE SURE TO CALL IN REGULARLY to see if you have a fee coming up.

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