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CryptoDevil

Successful recovery of all funds and legal costs
« on: October 12, 2015, 01:46:48 pm »
As the title says, I recently received payment by bank transfer of the full amount of the court judgement. After the deadline, but before the enforcement agency had to actually get serious.

The process went like this:

March: Engaged LPC Law (Small Claims Solicitors - Andrew Morgan is the contact person 'Andrew dot Morgan at smallclaimssolicitors dot co dot uk')
'Letter Before Action' sent to Alpha and they are given 14 days to respond, which they did by writing back claiming that there was no 'right to a refund' as per their T&C's, to which we responded by pointing out that we weren't exercising our rights under their T&C's because we had already rescinded the contract due to Alpha's failure to deliver anything.

April: Claim form drafted, issued, served and certificates of service filed with the court.

May: Asked, if needed, whether I'd agree to mediation, said I would on the basis that it always looks better to the courts to show that you were willing to settle the matter amicably before it gets to a court hearing. Nothing came of it though.

June: Manchester Court advises of hearing dated for August.

July: Witness statements prepared and filed

August: Judgement awarded against Alpha for the full amount owed plus interest and my costs. Alpha given two weeks to pay.

September: Deadline passes. I immediately contact DCBL (http://www.dcbltd.com/high_court/ccj/) and sign the form to 'Transfer Up' the judgement, who send Alpha a Notice of Enforcement that day, which results in me receiving an email a couple of days later from Alpha stating they are now ready to make the 'refund', to which I point out that it will need to be for the full judgement amount, just in case they tried to make it solely for the original amount only.

A few more days pass and there is no sign of any money. I suspect they may be stalling for time so I email them and explain that I have no reason to believe them and will continue with the enforcement unless the funds are received immediately, to which they claim it has been sent.

DCBL then make a visit to their, what turns out to be, 'Virtual' office at Aviator way, leaving a copy of the Writ for Alpha on 30th September.

Less than a week later the full amount arrives in my account. Job done.










fightalpha

Re: Successful recovery of all funds and legal costs
« Reply #1 on: October 12, 2015, 05:26:06 pm »
Excellent, Excellent, Excellent. What was the fee for DCBL?
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

CryptoDevil

Re: Successful recovery of all funds and legal costs
« Reply #2 on: October 13, 2015, 05:21:02 am »
Flat fee of GBP60.00 to 'Transfer Up' the judgement and then they begin the process as described. If Alpha don't pay up and DCBL have to do a full enforcement then they add their own fee to the amount they seek to recover from Alpha, which might be another motivating factor to settle before that stage.




hache

Re: Successful recovery of all funds and legal costs
« Reply #3 on: November 24, 2015, 11:25:02 pm »
Alpha are replying my emails now saying there are no assets and there is no more money to pay for the judgements... I dont believe it so I am gonna pay my hearing fee and going for my money.

khan

Re: Successful recovery of all funds and legal costs
« Reply #4 on: March 24, 2016, 05:05:43 pm »
hmmm... so no assets or money but they can give an update on 7th january 2016 as follows....

Greetings Miners!

First of we would like to send out our greetings and happy holidays to all ours customers.

We understand there has been some time since our last update, and want to be totally honest with our customers. When we started this project, we had a proof of concept which we publicly released, this design was proven by engineers and was a new advancement in 'Scrypt hashing'.

Upon positive feedback of our design concept, we received a lot of attention and demand from our customers to complete our chip design and produce it into a working and 'mining' product.  We had a clear plan and strategy which was based on feedback from our designers and manufacturers. And we stated to all our customers we would constantly provide news updates on our progress and shipping time.

As you know we have had many unexpected delays which have been out of our control. Such delays are expected when developing a new technology, as an example there is a considerable risks in the chip design being a fail when we reach the tape-out stage at the foundry (a high cost NRE). As you know that our chips passed all stages at the foundry and we have had a large stock piles of chips waiting to be assembled into units.

We believe it is better to take time in delivering this product, than giving up/failing and leaving our customers empty handed as a lot of other companies have done.

We will be repaying our customers patience with our loyalty scheme, and the obvious hash-rate increase which we had already previously given. And we request all customers to be patient and trust us that any delays have been out of our control and we are fully committed and well funded to assemble these chips into a durable efficient device. We also understand there is little or no competition with our product in this area, where a lot of projects and companies have failed trying to produce scrypt-hashing devices. However, we have persevered through any adversities and have not given up in getting our product out to our customers.  We have rectified our issues and done our utmost to not disappoint our customers. We hope this patience pays of to our customers, whether it's through this product or with our loyalty scheme. We have many plans for the future where we believe our customers will benefit hugely from.

Our only recently delays have been in the system-side of things, which is more of a time issue rather than a cost issue. This issue is to do with the power regulation, where we are still trying our utmost to reduce the power required by our overall system.

We have been working  on the stability of our dc dc regulators. Our UK design team have been closely working with Altera to make sure our Enpirion updated design met all the design rules. It seems something about the load characteristics means is unstable. We seem to have exhausted what we can do with these devices and are working on an alternative method where we would not need any regulators at all. This is something highly technological and requires skilled engineers to pull-of, which we believe we have now with our UK design team.

We will be providing technical updates on a regular basis now regarding this issue.

 

Best Regards,

Alpha Technology Team

 

Somebozo

Re: Successful recovery of all funds and legal costs
« Reply #5 on: May 25, 2016, 08:05:32 pm »
So has anyone else had success in going this route? I just got my judgement on the 10th of May

Alpha-Oops

Re: Successful recovery of all funds and legal costs
« Reply #6 on: March 01, 2017, 05:12:30 pm »
I just had DBCL send me this email...

Good Afternoon,
 
Thank you for your emai this address has been forwarded from James
 
I can confirm our Agents have attended the address and please see report below
 
AGENTS HAVE ATTENDED MANCHESTER BUSINESSES PARK 3000 AVIATOR WAY MANCHESTER PROPERTY THIS IS A VIRTUAL OFFICE RUN BY REGUS ON BEHALF OF DEFENDANT. NO ONE IS ACTUALLY AT THIS SITE IT IS A VIRTUAL OFFICE. PLEASE SEE IMAGES ATTACHED
 
Do you have any other address at all for the debtor ? would you like DCBL to trace for you? This is £75 plus VAT.  If you do have another address please advise and we will issue a new Notice of Enforcement to be sent to this address
 
I look forward to hearing from you soon and if I can be of anymore assistance please do not hesitate to contact me.
 
 
============================

So it looks like they didn't  drop off any WRIT or contact anyone at a Virtual office? perhaps i am wrong. Anyone still listening to our cries here?

hache

Re: Successful recovery of all funds and legal costs
« Reply #7 on: May 20, 2017, 01:33:14 am »
I got my judgemebt by Andrew Morgan at SCS said the father is not attending court and they allegate he is abroad. I might try this other option for 60GBP... It's worth it. SCS are not interested anymore I think.