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Topics - khan

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16
Hi,

The below is an example of an advert that you will have to place in the Gazette for when you do your own winding up petition.


Petitions to Wind Up (Companies)
In the Manchester County Court
No 2942 of 2017
In the Matter of ALPHA TECHNOLOGY (INT) LIMITED
(Company Number 08483921)
and in the Matter of the Insolvency Act 1986
A Petition to wind up the above-named company (registered no 08483921) of Manchester Business Park, 3000 Aviator Way, Manchester, M22 5TG , presented on 28th September 2017 by Mickey Mouse of Disneyland, Florida, USA (the Petitioner), claiming to be a creditor of the company will be heard at Manchester County Court , 1 Bridge Street West, Manchester, M60 9DJ
Date: Monday 27th November 2017
Time: 10.00 hours
(or as soon thereafter as the petition can be heard).
Any person intending to appear on the hearing of the Petition (whether to support or oppose it) must give notice of intention to do so to the Petitioner in accordance with Rule 4.16 by 16.00 hours on Friday, 24th November 2017.
The petitioner is Mickey Mouse of Disneyland, Forida, USA. Telelphone *Your Telephone number Here*. Email *Your Email Address Here* (Ref ALPHA)
14th October 2017


This is the costing for the adverts
https://www.thegazette.co.uk/place-notice/pricing

I contacted the Gazette and an insolvency advert such as the above would cost £98.40 (£82.00 +vat). A solicitor may charge you £300 +vat for the same thing!!! How expensive. You can pay them by direct debit or cheque. You need to send them you phone number so they can collect payment from you. Send the advert in to london@thegazette.co.uk. You do need to send them a court sealed Comp1 form before they will publish. I am still working on how that is done.

You can print the notice from their website and file the advert with the court. Or pay them £2.30 for a paper copy. A court will need proof of the advert but I will find out and let you know how it needs to be done and what form is required etc.

You can contact this email for details
data@thegazette.co.uk

17
Hi,

Fill out the following SD1 Form. You can download the form here...

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=16414

Send it via email or via post.. doesn't matter. Just make sure you give at least 21 days (after Alpha gets your demand) before going for a winding up petition.

Best of Luck guys... (in the meantime, I am researching and learning how to do your own Winding Up Petition without a Lawyer.)

Here is a folder showing some semi completed forms.....
https://drive.google.com/drive/folders/0BxHM4VldA-BGODZ2UkREZWNPWkE?usp=sharing

I have attached the semi complete demands to this post.

Disclaimer: I am not a lawyer or giving u advice or making you do anything. If u want a 100% surety, get a lawyer.

18
Judgements / Registering your county court judgement
« on: September 18, 2017, 10:33:40 am »
Hi,

Update: I recently got my case number added to the list. Its the latest one based at Stockport.

I see that quite a lot of county court judgements against alpha have not been registered with Registry Trust. Basically courts should always inform the Registry Trust about county court judgements. Sometimes (or quite a lot of times) these fall through the net. So just send an email to the county court where your case currently resides and ask them to ensure that your Judgement has been registered with the "Registry Trust". Credit agencies use this data to work out credit worthiness. Help credit agencies realise just how bad Alpha Technology is at paying their debts. Ensure the Registry is up to date.

I have attached the most recent Trust Registry Search for those of you who may be intrested.

Here is an example mail

Heading.... Case CxyzT~(Your case number): Registration of Judgement with Registry Trust
Email address... enquiries@xyzcountycourt.gsi.gov.uk (you will have to lookup the actual email address)

Hi,


I would be grateful if you could send the details of my county court Judgement to the Registry Trust. It appears they have not got the details of my CCJ. The case number is CxxxT(Your Case number) and I attach a copy of my Judgement. My case currently resides at your court.

Thank you

Your Name

This will help other people who follow....

19
Success Stories / Today I sent a Statutory Demand For Payment
« on: September 14, 2017, 10:41:55 pm »
Hi Guys,

Just to let you know I filled out a Statutory Demand For Payment and sent it to Alpha via email and post.

The Form can be found here (Form SD1)
https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

I got a reply from Alpha a few hours later

Hello Khan,
As shown in our previous 2 court appearances dealing with a winding-up
petition, we have shown that Alpha does not have spare funds in our bank
accounts to pay for any claimed debts, and remainder being held for tax
purposes to HMRC, hence also any 3rd party debt order which has
previously been attempted has failed.
Our Director is abroad, but a legal representative will see you in
court.
Regards
Danny K
Alpha-T


To which I replied

Danny,

Somehow what you are saying does not add up. If a winding up had gone to a hearing then there would be a gazette entry. Fact is there is none. This means that your company has settled out of court. I know one such individual personally.

If a company cannot pay then it gets wound up. Simple. If you don't pay me as the court ordered then your company will be bankrupted. Legal representative or none doesn't bother me.

Now are you really going to continue this charade of not being able to afford to pay? Hmrc only charge tax on profits... I can see your company has not made profit. Who are you kidding?

Pay me in full or I will wind up the company. Your company has no sales. No profit. Lots of cash in the bank and in hand. I am sure the official reciever will be able to find the cash. The director can be on timbutktu... i am sure he can still acess emails. Tell me how the company pays your wages? Not everyone is a fool.

Khan


I mean how can they be paying HMRC tax when the company had made losses? Hmmmm pay tax on losses? Hmmmmm.
If winding up gets to court then the petitioner needs to advertise in the Gazette.... Do a search for Alpha and you find no adverts.... This means that Alpha pussied out last minute and settled as they know that they would likely get bankrupted.
I know of Dynofly so far. Is there anyone else who has gone down the winding up route?

20
Success Stories / OMG - I got a partial refund
« on: September 07, 2016, 04:55:59 pm »
Guys,
I got a partial refund 30%. Its not enough to satisfy the judgement, but it more than covers cost of litigation so far. I will keep everyone posted.

21
Judgements / Yet another judgement win against Alpha
« on: August 23, 2016, 12:50:10 pm »
Guys,
I got a judgement today. The judge pointed towards alphas defence where they are claiming that no claims for timeline were ever made. I simply forwarded 4 emails to the court clerk where alpha were giving dates of July 2014 and that was enough for the judge to award me. The fact they didnt reply to my email for a refund in jan 2015 also helped. furthermore, i told the judge, if that company had said they were unsure of dates i would never have parted with money in the first place.

22
Alpha's Counter-attacks / Latest Alpha Defense
« on: March 31, 2016, 12:08:24 pm »
Defence and Counterclaim
Claim number
Cxxxxx
Claimant
Mr xxxxx
Defendant
ALPHA TECHNOLOGY (INT) LTD
 
How much of the claim do you dispute?
I dispute the full amount claimed as shown on the claim form.
 
Do you dispute this claim because you have already paid it?
No, for other reasons.
 
Defence
Background
1. The Claim relates to a contract for the supply of goods entered
into between the parties on or around January 2014. The goods in
question are ASIC Litecoin Scrypt Miner Developers, being
specialist computer hardware for the purpose of generating digital
'crypto' currency in the form of Litecoin ('the Product').

2. By way of explanation of the origins of the project for the
creation and sale of the Product. I had publicly (via online
forums) relayed some of my knowledge and developed a proof of
concept to develop the idea into a physical product. As the demand
increased for my designs, I hired a reputable Indian engineering
company (Dexcel Designs) with a view to them creating a proof of
concept and conducting various tests to ensure that the technology
could be physically developed. Dexcel Designs were paid for this
initial work from my own personal funds.

3. The design, development and production of the Product is part
of a pre-funding project whereby customers’ deposits and balancing
payments are used to create the finished Product before shipment.
The project is the subject of regular online updates, given both
the highly technical nature of the Product and its development,
and the interest in such products amongst online communities
following the markets for digital currency (from where many of the
Defendant’s customers seem to originate).


4. Whilst customers’ concerns are understandable, there is no
question of the Defendant acting dishonestly. Customers’
expectations have undoubtedly been affected by the market value of
Litecoin in the intervening period, but again that is not
something for which the Defendant has assumed any responsibility.
From our perspective, customers have always been aware of the
risks associated with a developing technology.

5. A number of customers have been refunded either as a gesture of
good will or as per the contractual terms for discounted deposit
refunds.

6. Current stage of our development is that we have a full stock
of working chips, and are awaiting system and assembly design
completion from Dexcel. It is currently anticipated that the
Product will be ready for shipping to customers in or around Q2
2016, and customers continue to receive updates on these matters
via email and the Defendant’s

7. From an engineering perspective, the longest, most costly and
complex aspect of the project has been completed, being the design
and fabrication of our chips which are fully tested. The assembly
and shipping of the completed product is all that remains.

The Contract and the Claimant’s Order
8. I refer to the exhibited copy of the Contract for its terms.
There were express terms of the Contract, inter alia, as follows:

a. (Under the heading 'Cancellation & Refund Policy'):
i. 'Within 0-1 month after receipt of payment: Full deposit will
be refunded'
ii. 'Within 1-3 months after receipt of payment: 75% of the
deposit will be refunded'
iii. 'Within 3-5 months after receipt of payment: 50% of the
deposit will be refunded'
iv. 'Please note a cancellation fee of £70 towards handling
charges will be applicable along with any cancellation.'
b. (Under the heading 'Shipping, Hashrate, Price Estimates &
Announcements' [emphasis added]):
i. 'Shipping: Booked shipments will be delivered within Q2/Q3 of
Year 2014. Live updates shall be provided on exact shipping date.
Shipping is worldwide.'
c. (Under the heading 'Pre Funding'):
i. 'We would like to double clarify, this is a pre funding
project. This product is NOT in stock, shipping is expected to
take a minimum of 6 months. Where funds are used to fully design
& manufacture your ordered devices.'

9. The Claimant placed their order and paid the related deposit.
They later paid the balance of the consideration for their order.

10. The Claimant cancelled their order and and requested a full
refund.

The Defendant's position
11. In accordance with the Cancellation and Refund Policy, the
Defendant is out of time to receive any element of their deposit.

12. Alternatively, it is the Defendant’s position that the
Claimant was well aware from the express wording of the Contract
that deposits and other funds would be used to fully design &
manufacture their ordered devices. That is how the Defendant's
customers' monies have been used. The Defendant has not
benefitted from receipt of the Claimant's deposit [or balancing
payment] in the sense that the [majority of the] monies – which
were received for this specific and express purpose – have been
paid away to third parties in order to create the finished
Product, in accordance with the nature of the project as described
in the Contract. The Defendant remains liable for its obligations
to deliver the Product to customers who have not cancelled their
orders.

13. Accordingly, I submit that the Defendant has changed its
position due to receipt of the Claimant's payments and that it
would inequitable for the Defendant to be required to repay those
monies, whether in full or in part.

14. In the interests of avoiding the time and expense of
litigation, and as a gesture of good will (but without any
admission of liability), the Defendant has made an offer to refund
a portion of the Claimant's total payment for their order. Such
offer has been rejected, but I submit that it represents more than
the amount to which the Claimant is legally entitled.

15. In addition, the Contract does not specify a fixed time for
delivery (the times referred to, both specifically and in the
context of the Contract as a whole, are estimates) and I reiterate
that the Defendant is doing its best to procure shipment of the
Product to its remaining customers as soon as possible. I
therefore dispute that the Defendant has acted in breach of
contract so as to allow the Claimant to lawfully terminate the
Contract, or at all.
 
Signed
I am the Defendant - I believe that the facts stated in this form are true
M.M.Akram
Managing Director
25/03/2016

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

Claim History

You submitted a claim on 17/03/2016 at 11:20:34

Your claim was issued on 18/03/2016

A bar was put in place for ALPHA TECHNOLOGY (INT) LTD on 29/03/2016

ALPHA TECHNOLOGY (INT) LTD filed a defence on 29/03/2016 at 01:04:17
 
 

DQ sent to ALPHA TECHNOLOGY (INT) LTD on 30/03/2016

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