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fightalpha

Step 4: File your Small Claim
« on: October 01, 2014, 06:08:11 am »
Ok! It's been 14 days and Alpha has not responded to your email. Now you can sue them. If you experience any difficulties during this process, you can contact the help desk. They are friendly and helpful

Email: mcol@hmcts.gsi.gov.uk
Telephone: 0300 123 1057

There are 8 steps involved..


The first 3 are you just clicking 'Next'.
Step 4 is you filling in Alpha Tech's information. This is the info to use:
Alpha Technology (INT) LTD
Manchester Business Park
3000 Aviator Way
Manchester
M22 5TG

I also recommend that you file against Mohammed Akram himself. This will ensure you can send a Baliff directly to his house.
**Possible** residential Address of Mubashar: https://bitcointalk.org/index.php?topic=314402.msg8790856#msg8790856

Step 5 is the "Particulars of the Claim". You have limited space on here. Since Alpha has passed their shipping date, this is the particulars I used:

Quote
I placed an order for a product paying a 30%
deposit with the understanding that the
remaining 70% would be paid once product was
ready to ship. My order # is XXXXXXXX
and my address used when purchasing is:
YOUR ADDRESS HERE

It has been XX months since I purchased the product and it
has not been delivered. I have requested a full refund and the company
has denied it. According to the Distance Selling Regulation
I am protected as a consumer and should be guaranteed
a refund. I purchased this product as a hobby, not as a business.

Furthermore, the original product I ordered
has changed substantially. The original power
requirements were less than 70W; new
specifications have the power requirement at
around 375W which makes it prohibitively
expensive to run. When the product changed I
was not asked if I wanted a refund, I am now
looking to reclaim the amount I paid
originally: £XXXX, plus court fees.

When it asks "Do you want to reserve the right to claim interest under the County Court Act?", I selected YES. And I was granted interest by the judge when the course went to trial.

This claim is a combination of the Distance Selling Regulation, along with a claim that we've confirmed winning: http://fightalpha.net/index.php?topic=17.0

Feel free to change it as you wish, but that's about the full length that you'll get to write with. Alpha has continually said that the Distance Selling Regulation doesn't apply, but that's just hot air. We have winning cases that have used this and Alpha's defense against it will not hold up.

Step 6 is a summary. Make sure everything's correct.

Step 7, you pay the 185 GBP to make the claim. Again, you will get this back once you win your claim.

For what it's worth, I filed my claim before October, and this was their "Defense", which is clearly invalid now.

Quote
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
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.
 
Signed
I am the Defendant - I believe that the facts stated in this form are true
M.Akram
Managing Director


Ok good job! You're now on your way to getting your refund back. Alpha must respond within 14 days; if they don't, then you can ask the judge to issue a judgement in your favor and they will.

« Last Edit: March 17, 2015, 12:52:47 am by fightalpha »
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

Re: Step 4: File your Small Claim
« Reply #1 on: October 07, 2014, 05:24:33 pm »
Hi fightalpha,

First off, thanks for the time spent creating this guide. I'm not an English speaker, but I  go  ahead with the claim.
I just have a small doubt.  Legally speaking, what is the basic difference  between "Money Claim " and "Small Claim"? as  I understand we need to file both,  what is the web page for the small claim ?.

Thanks




File your Small Claim


fightalpha

fightalpha

Re: Step 4: File your Small Claim
« Reply #2 on: October 08, 2014, 09:50:54 pm »
MoneyClaim is the name of the service that the UK offers. You use MoneyClaim to file a small claim. So, you setup an account at MoneyClaim, then use the system to sue Alpha.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

MoonCat

Re: Step 4: File your Small Claim
« Reply #3 on: November 11, 2014, 08:12:09 pm »
This customer has only paid a deposit of 30%. As per our terms and
conditions we provide FULL refunds to deposit payers, but only if
the customer requests the refund within a certain period. This
customer never requested a refund within 5 months of making
payment, therefore is not eligible for a refund as the refund
period has passed.
In response, to the increased in power, this is actually an advantage to customers which the customers voted on. The product
is 10x more powerful than originally advertised therefore requires
slightly more wattage, but the advantage of 10x performance is far
more beneficial than the slight increase in wattage. However, this
is irrelevant as the customer never paid the 70% remainder
payment, they only paid the deposit.
 >:(

I personally think this is an outrage, I ordered delivery Q2 Q3, not Q4 or next year. THEY BROKE THE CONTRACT.
They just want to thieve my money, any suggestions for a reply?

FreeJack2k2

Re: Step 4: File your Small Claim
« Reply #4 on: November 11, 2014, 11:38:29 pm »
Yeah, they can't claim that you're requesting a refund outside the window of their initial agreement, when they themselves have breached that agreement and rendered it effectively null and void. They failed to ship by the end of Q3. They have failed on NUMEROUS claims and have materially changed the product and terms on numerous occasions. They don't have a leg to stand on.

fightalpha

Re: Step 4: File your Small Claim
« Reply #5 on: November 14, 2014, 03:16:36 am »
This customer has only paid a deposit of 30%. As per our terms and
conditions we provide FULL refunds to deposit payers, but only if
the customer requests the refund within a certain period. This
customer never requested a refund within 5 months of making
payment, therefore is not eligible for a refund as the refund
period has passed.
In response, to the increased in power, this is actually an advantage to customers which the customers voted on. The product
is 10x more powerful than originally advertised therefore requires
slightly more wattage, but the advantage of 10x performance is far
more beneficial than the slight increase in wattage. However, this
is irrelevant as the customer never paid the 70% remainder
payment, they only paid the deposit.
 >:(

I personally think this is an outrage, I ordered delivery Q2 Q3, not Q4 or next year. THEY BROKE THE CONTRACT.
They just want to thieve my money, any suggestions for a reply?

It's disgusting what they're trying to pull. But yes, your mutually agreed upon TOS is null and void, so they cannot use it as a defense. If that's their defense, they will loose. Just continue on the path and take them to court.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

Sanj

Re: Step 4: File your Small Claim
« Reply #6 on: February 27, 2015, 03:35:49 pm »
Hi, have any of you actually won through these money claim or small court cases, or is it all pointless to even try now? Thanks

fightalpha

Re: Step 4: File your Small Claim
« Reply #7 on: March 17, 2015, 12:55:33 am »
@Sanj: Yes, multiple winners.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

MoonCat

Re: Step 4: File your Small Claim
« Reply #8 on: March 17, 2015, 03:29:38 pm »
Hi Guys, I had my Court appearance today. Alpha didn't show up and lost. They have 14 days to pay.

whm

Re: Step 4: File your Small Claim
« Reply #9 on: March 25, 2015, 02:55:26 pm »
I am about to start a claim (hopefully not too late). I placed a number of orders. Is it OK to group them together or do I proceed with each separately?

fightalpha

Re: Step 4: File your Small Claim
« Reply #10 on: March 25, 2015, 05:07:14 pm »
As long as they were all placed by you (and not another individual), then yes, group them together.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

whm

Re: Step 4: File your Small Claim
« Reply #11 on: March 26, 2015, 10:18:08 am »
As long as they were all placed by you (and not another individual), then yes, group them together.

They were all purchased by me but I did include my companies name on the billing/delivery address but they were all paid by me personally. Is this a problem?

fightalpha

Re: Step 4: File your Small Claim
« Reply #12 on: March 26, 2015, 08:01:01 pm »
I think as long as they are all under the same name (company, personal, whatever), then yes it's fine. If some are personal, and some are company, then I really am not sure. If that's the case you should hit up that law firm that I posted http://fightalpha.net/index.php?topic=147.msg431#msg431
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0