In repsonse to my above post I wanted to apologize to all fans of british comedy here, once for connecting the glorious humor of monty python to this debacle, as well as for screwing up the reference so badly, that I mentioned a goddamn shoe instead of a goddamn foot stomping me flat. Please be assured that said goddamn foot has now landed and that as a result I'm now as flat as Black Arrow's intellect.

Kind Regards,
BA cusomter #2000+ who has finally lost his mind

It's getting better still - this is a direct copy/paste from my RMA ticket (note: I've asked them to initiate the return shipment or provide their DHL International customer number so they can be billed for the return shipment):


Note: Alexey A. is Nemesidis on the forum
Note 2: bold emphasis is mine

So I gotta get an independent source, respectively a court to confirm the unit is broken before sending it in for RMA. I feel like I'm in the middle of a monty python's movie and a goddamn shoe is about to stomp me flat.

BA is incorporated in HK, as such it's a HK company. Their ToS states the proper jurisdiction is in HK. Could't be any more clear where the jurisdiction lies in this case, it sure isn't Shenzhen.

Hey Bitcz, I've sent you my info a while ago, in addition to filing a complaint with the HK CC and the HK Police Dpt. Next week I'll have another meeting with my lawyer here. Good to see things are moving on the legal front, I hope Pentax can chip in as well, BA simply has to be brought down asap. Let me know if I can help out in any way.

I hope you can keep us posted here about the lawsuit in HK and the UK, respectively via email (in case of confidential information).

What about CE certification for the rest of the machine? The one YOU produced?

1) The BTC wallet used to recieve preorder fund is still untouched. The "oy vey there's no money" lie is just that - a lie.
2) Even if BA files for bancruptcy, at least then personal liability comes into play, mostly for gross negligence and/or fraudulent intent. So even if we don't get our money back, either the criminals @BA pay up with their private assets, or they go to jail. Win-win.

P.S.: Alex Sovu in a chinese prison - now that's a TV show I'd watch.

I am though. Where's the CE cert? Where are the refunds? Where's the money?

That's not entirely true. There are various reasons as to why personal liability can and will come into play, one of them being gross negligence, another malicious intent, and both apply here. If you want an example, in my case I have written confirmation that they were aware of my refund request and an agreement to have my miner hosted in their facility, with that knowledge they still went ahead and shipped my X-3. That is malicious intent and as such a reason for personal liability.

Sooooo, apparently DHL tried to deliver my X-3 to me earlier today, sadly I'm out of town. The funny part is, not only did BA dishonor the refund request, that was initiated well over a month ago, they also broke an agreement to have my miner hosted for 12 months. It seems that after their poster child Jumbley, I might be one of the first recipients of an X-3, not because I'm such a good customer, but to screw me over even more. This shows appaling malicious intent, not only by breaking the law on the refund requests, but also by breaking an agreement/contract of having my miner hosted.

Just to show how ridiculous this is, my order is #2360, placed on Dec. 3rd, paid for on Dec. 5th in fiat. I'm pretty damn sure I'm not the 2nd, heck not even in the top ten of all X-3 orders. Yet my miner is already in my hometown at DHL and was attempted to be delivered. I'm sure there are people on this board with orders in the sub 1000 range, who paid way, waaaaaay earlier as I did, I'm pretty much one of the last batch 1 customers. Yet here we are, situation as it is.

BA, in a previous post I advised you that if you find yourself in a hole, to stop digging. Apparently you did not want to use that advice, because you really dug yourself into a massive pile of crap by now. I'll add all the above information to the legal proceedings, slowly but surely it adds up. As it looks right now you'll be burried in legal crap for the next 200 years, at least that ensures that you won't ever screw over people like this again. Not only did you show utter disregard to the law in HK and the PRC, or heck anywhere in the civilized world, you also showed that you do not intend to honor private agreements and contracts. The funny part is, that agreement/contract you broke would've made you MORE money. So you basically pissed away a few thousand dollars just to fuck with me. If that doesn't show you who we're dealing with here, nothing will.

Either way, I'm taking it with a grin. The more you try to screw with me, the more ammunition my lawyer has. Every single word I got from you and David, every single action from your end will be scrutinized to hell and back, and that sure won't look pretty. I'll make sure I'll file for every possible claim under the sun, no matter if the proceedings take two months or 20 years. With the shitstorm rolling at you, at least you won't be able to continue conning people like this, as you'll be burried in legal paperwork for the next 200 years.

Go ahead and delete this, I'm ready to repost it in the unmoderated thread.

I'm posting updates about that in this thread: https://bitcointalk.org/index.php?topic=681965 - since BA doesn't have the time or manpower to handle refunds atm, but sure has the time and manpower to delete threads and moderate this topic, I'll keep the details there.

I've just recieved this email from BA:


While I'm still trying to recover from the laughing fit, it just shows that as soon as they now your order number, they'll try to fuck you over even more. Ah hillarious, especially since my order was to be hosted for 12 months and no delivery should be necessary.

Gotta love BA, all that's missing is the perpetual Benny Hill theme.

It's borderline hillarious that BA doesn't have time to issue refunds since everyone is at the factory (to quote David), but they sure have time to delete posts en masse here.

BA, I'll give you one very valuable business advice, and I'm even doing it for free: If you find yourself stuck in a hole - stop digging.

I'll forward the entire issue around the sale of data to my lawyer next week and add it to the ever growing list of issues to bring up in court.

Starting tomorrow I'll be out of the country for a week, though I do have another meeting with my lawyer scheduled for late next week. I'll keep you guys posted here when new things develop on my end.

@Jaxx: scare tactic, don't let em intimidate you. If you requested a refund before your ordered product was shipped, you have every right to that refund. MS trying these scare tactics with everyone who refused shipment is a whole other thing to interprete though, might mean they're on edge, especially in a financial sense. Sadly I can't say much more from here, just don't let em intimidate you, update the authorities, respectively consumer groups of the issue and go from there, just don't let them bully you into accepting your shipment if you don't want it and have already requested a refund.

Well even if MS did not violate their ToS, unless you specifically agreed to them giving your info to 3rd parties, they're violating the law. ToS or no ToS, you can't just willy nilly give out personal and private information without consent (unless you're the NSA ofc). I won't even go into the legality of BA posting your details here, as BA is so far gone in terms of moving inside of legal boundaries, they probably don't care anymore at this point.

If you have legal insurence, rip em a new one, I heard the US law industry has some sort of repuation when it comes to litigating such things

My friend you might be in over your head here. I won't walk up to big bad Mr. Interpol and cry that Mr. Sovu ("or whoever", you know him personally as far as I understood from your posts on ecointalk, so your reply here is no surprise) stole my ice cream. But I'm sure they are interested in Sovu's shenannigans and avoidance of prosecution in Romania. How I do that really isn't your business, I thank you however, for this oh so valuable lesson about operating procedures of Interpol, I'm truly impressed by your knowledge and google-fu >tips fedora. If I hadn't been lectured by your superior intellect, I might've made a fool out of myself, golly gee. Sarcasm aside, I'm pretty confident, that I know a tiny bit more about law in general, international law, conflicts of jurisdiction and international litigation of civil and criminal law than you do Mr. Jumbley, so put a sock in it. You might be able to pull off your BS on ecointalk, screwing people over for your friend in Reading, it ain't that easy here.

So all the while I'll keep on watching too many TV shows of Interpol flying around making arrests, you my friend can go right back sucking BA's dick, since you got your X-3 nice and cozy in your home already (or on ebay by now, guess that's fine too). Gee, I wonder if that connection to Alex helped with your place in the queue...

edit: just so people know who they're dealing with here and that you're all cuddley with Mr. Alex the scammer, how's that for a cookie

To be frank, I don't care really. My lawsuit will go ahead, no matter if they do have the money or not. If all else fails, it's off to cellblock A with the culprits, especially since I'm not just filing for a refund, but loss of profit as well (in addition to pushing for personal liability of the people @BA involved due to gross negligence; edit: oh and I'll definitely inform Interpol about Mr. Sovu, let's see what comes out of that).

I'm pretty content when it comes to the legal proceedings, either I get my money, or I'll get my money slower/later and they'll face jailtime, win-win. I won't even go into the details of their BTC wallet, which apparently still has enough funds in it that were never touched at all. And to be frank, Mr. BlackArrow himself said that refunds are just a time/manpower issue, not a monetary one, so yeah, make of that what you will.

To add some more icing on the cake, have this:



Don't know if I should laugh or cry tbh.

It's just getting better each day, I can't personally fathom how BA (and to a degree MS I guess) can sink any lower. Worst business and engineering practices I have ever witnessed, BA behaving like a spoiled brat or scorned woman, utterly pathetic.

Since it seems gloves are off, I'll just leave this here