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Latest Alpha Defense
« on: March 31, 2016, 12:08:24 pm »
Defence and Counterclaim
Claim number
Mr xxxxx
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.
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

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

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

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


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
« Last Edit: March 31, 2016, 12:14:03 pm by khan »


Re: Latest Alpha Defense
« Reply #1 on: May 19, 2016, 04:50:56 pm »
Thank you!

Please keep us updated...

Good luck   ;)


Re: Latest Alpha Defense
« Reply #2 on: May 25, 2016, 08:01:49 pm »
Good to hear someones else is bringing them to suite. Any news luck getting them to pay since acquiring the judgement?