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Author Topic: Avalon chips refund not received - Lawsuit action proposal  (Read 4756 times)
Dataroth
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September 16, 2013, 04:27:48 PM
 #21

Does anyone in this thread have any experience with something like this?  Know a lawyer friend who does?  What is the process or how is it best to proceed?
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September 16, 2013, 04:41:07 PM
 #22

I'm waiting refunds for an amount of over 2300 BTC. I'm putting every day updates on the ticket and post new refund forms, but still nothing.

Yifu, this way of acting is unacceptable, I "could" understand you had issues with the chip delivery but I can't accept that it takes so long to keep your word and send out the promised refunds.

I wasn't thinking about joining a lawsuit but if Bitsyncom keeps on ignoring my refund requests I'll reconsider my strategy.

He is a 24 year old boy who thinks can talk himself out of anything.  Guess what?
IRS and IC3 might differ.

Bitcoinorama
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September 16, 2013, 04:44:11 PM
Last edit: September 16, 2013, 04:54:50 PM by Bitcoinorama
 #23

Collating evidence that exists will be the toughest part as that takes motivation and a bit of leg work.

Fact is most people on this forum are too lazy to do this, and to be honest I think most manufacturers here lie out of their behinds knowing full well getting a collective to agree to do something like class action lawsuits are too hard and act in the faith people will just give up and won't bother. If they had a sole financier they would be out of a chunk of equity in their 'business', and would have the shit sued out of them in event of failure to deliver, which would be a lot easier as it would be one angry party against those at fault. Basically you cannot afford to pass the buck, you need to take the bull by the horns, collate as much evidence as possible and make your legal aid's life as easy as possible so he/she/they can focus on what they are skilled at, representing you, their client(s).

I don't think Bitsyncom started out like this, but somewhere along the way they began to lie, behave corrupt and are now confident if they appease a few, the rest will just shut up, the principle doesn't matter. Look how many are willing to forgive for a refund, or promise for a future non-existent product that offers no real value even when/if it does exist.

Butterfly Labs have gotten away with this strategy for ages. I mean look they only need to claim to be working in a new 28nm product and formerly disgruntled customers fall silently back in queue.

Hashfast change their; 'terms of sale' almost daily, they did it 4-5 times last week. I'm waiting for people to notice the huge revision there made last week on the 11/09 and revised several times since, it completely screws their customers over. Fact is though they will learn the hard way when the product is delivered late and/or under spec. why do you think they have gone out of their way to remove ALL accountability, recourse and warranty? By that point you have a bunch of angry customers that have all agree to differing terms - a total nightmare for a lawyer to deal with, and they know it.

Always thoroughly read though and save the terms of sale, contract of sale you agree to, especially with the sharks you are dealing with in the unregulated Bitcoin mining world. It's common sense, whilst we have the freedom of choice and lack of authoritarian oversight currently, you have to remain very astute, as they couldn't give two sh*ts as long as you fund their NRE and once it's done, they don't need you anymore. Plus crowdsourcing is a lot less aggro for them and rarely does it cost them equity on their part, they also prey on the fact you'll be too disorganised to get your sh*t together beyond talking about it. Words mean nada.

Make my day! Say thanks if you found me helpful Smiley BTC Address --->
1487ThaKjezGA6SiE8fvGcxbgJJu6XWtZp
smoothie
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September 16, 2013, 04:51:14 PM
 #24

I'm waiting refunds for an amount of over 2300 BTC. I'm putting every day updates on the ticket and post new refund forms, but still nothing.

Yifu, this way of acting is unacceptable, I "could" understand you had issues with the chip delivery but I can't accept that it takes so long to keep your word and send out the promised refunds.

I wasn't thinking about joining a lawsuit but if Bitsyncom keeps on ignoring my refund requests I'll reconsider my strategy.



 Wow.  Shocked I presume this was a group buy?

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. ★☆ WWW.LEALANA.COM        My PGP fingerprint is A764D833.                  History of Monero development Visualization ★☆ .
LEALANA BITCOIN GRIM REAPER SILVER COINS.
 
smoothie
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September 16, 2013, 04:53:20 PM
 #25

Collating evidence that exists will be the toughest part as that takes motivation and a bit of leg work.

Fact is most people on this forum are too lazy to do this, and to be honest I think most manufacturers here lie out of their behinds knowing full well getting a collective to agree to do something like class action lawsuits are too hard and act in the faith people will just give up and won't bother. If they had a sole financier they would be out of a chunk of equity in their 'business', and would have the shit sued out of them in event of failure to deliver, which would be a lot easier as it would be one angry party against those at fault. Basically you cannot afford to pass the buck, you need to take the bull by the horns, collate as much evidence as possible and make your legal aid's life as easy as possible so he/she/they can focus on what they are skilled at, representing you, their client(s).

I don't think Bitsyncom started out like this, but somewhere along the way they began to lie, behave corrupt and are now confident if they appease a few, the rest will just shut up, the principle doesn't matter. Look how many are willing to forgive for a refund, or promise for a future non-existent product that offers no real value even when/if it does exist.

Butterfly Labs have gotten away with this strategy for ages. I mean look they only need to claim to be working in a new 28nm product and formerly disgruntled customers fall silently back in queue.

Hashfast change their; 'terms of sale' almost daily, they did it 4-5 times last week. I'm waiting for people to notice the huge revision there made last week on the 11/09 and revised several times since, it completely screws their customers over. Fact is though they will learn the hard way when the product is delivered late and/or under spec. why do you think they have gone out of their way to remove ALL accountability, recourse and warranty? By that point you have a bunch of angry customers that have all agree to differing terms - a total nightmare for a lawyer to deal with, and they know it.

Always save the terms of sale, contract of sale you agree to.

+1 what a nightmare. Hopefully they deliver as promised.

███████████████████████████████████████

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. ★☆ WWW.LEALANA.COM        My PGP fingerprint is A764D833.                  History of Monero development Visualization ★☆ .
LEALANA BITCOIN GRIM REAPER SILVER COINS.
 
eduffield
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September 16, 2013, 07:45:32 PM
 #26

Member of bizwoo's GB1 as well. Sign me up.

Dash - Digital Cash | dash.org | dashfoundation.io | dashgo.io
bitcoiner49er
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September 16, 2013, 07:56:28 PM
 #27

I am sad to see that so many still haven't gotten a refund from YiFu. I have to say that he made good on his promise to a lot of us.

However, if you are still without a refund due to YiFu's fault and not the group buyer's fault for requesting the refund from YiFu; you might be able to start a small claim filing in your local area courthouse. Most in the US are limited to $5,000 - so if your total is more than that, you'll need other avenues. But I had the forms filled out and ready to file if the refunds were not given as promised.

Check into your local court municipality (I can only verify that the US is an option) and at least file the paperwork so you have SOME chance of getting your funds back. Document everything you can also.

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September 16, 2013, 10:50:55 PM
 #28

Spain. Member of bizwoo's GB1 as well. Sign me up.
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September 17, 2013, 07:30:58 AM
 #29

Well, the money flow is well documented in the bitcoin chain. A wiki-like collaborative platform is needed to collectively build a nice case against him.
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September 17, 2013, 10:40:35 AM
 #30

Yifu refund the damn chips, please
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September 17, 2013, 08:56:32 PM
 #31

YiFuuuuuu!! .....Order #10605 made on June 8 has still not been refunded. Time to pump up your CHI again. Refund the pending refund requests m8.
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September 17, 2013, 09:55:34 PM
 #32

Update

I wrote to the Commercial Crime Services of International Chamber of Commerce explaining the case and asking how to proceed for a lawsuit and a class action.

Some of the points brought to the attention were:

- Refusing to refund the purchase, despite delays in the delivery of more than 2 months, and despite that delays caused the goods to become useless
- Used merchandise sold as new
- Delay in delivery of goods and non-fulfillment of the estimated delivery time
- No compensation for lost months waiting for the promised goods


I'll inform you as soon as they will answer us.
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September 18, 2013, 04:28:03 AM
 #33

Quote
Order #10605 made on June 8

Either you own the bitcoins(private keys) or you don't. However with moneroj, nobody knows what you own.
Secure. Private. Untraceable.
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September 18, 2013, 08:16:34 AM
 #34

I'm waiting refunds for an amount of over 2300 BTC. I'm putting every day updates on the ticket and post new refund forms, but still nothing.

Yifu, this way of acting is unacceptable, I "could" understand you had issues with the chip delivery but I can't accept that it takes so long to keep your word and send out the promised refunds.

I wasn't thinking about joining a lawsuit but if Bitsyncom keeps on ignoring my refund requests I'll reconsider my strategy.



Did you get your refund today?
btcapparel
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September 18, 2013, 08:17:36 AM
 #35

Refund has been requested for Order #10605 made on June 8 several times and STILL not refunded, looks like we have been left hanging by Yifu
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September 18, 2013, 09:22:43 AM
 #36

Bizwoo's GB1 - Poland - sign me up too
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September 18, 2013, 12:15:19 PM
 #37

Good News

BG1 refund was finally received.

I am sending the list for GB1 refunds to John K now for him to start asap refunding the buyers.

As I mentioned before we will not be held responsible for wrong btc addresses in the list, etc.


Better late than never!!
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September 18, 2013, 12:20:57 PM
 #38

Good News

BG1 refund was finally received.

I am sending the list for GB1 refunds to John K now for him to start asap refunding the buyers.

As I mentioned before we will not be held responsible for wrong btc addresses in the list, etc.


Better late than never!!


Not really... what would have been better is this.

THE CHIPS WERE DELIVERED ON TIME!

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September 18, 2013, 01:11:43 PM
 #39

Good News

BG1 refund was finally received.

I am sending the list for GB1 refunds to John K now for him to start asap refunding the buyers.

As I mentioned before we will not be held responsible for wrong btc addresses in the list, etc.


Better late than never!!


Not really... what would have been better is this.

THE CHIPS WERE DELIVERED ON TIME!
Nice to see there are still dreamers among us!
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September 20, 2013, 01:46:31 PM
 #40

I know the OP's GB was refunded, but /bump anyway.  Shouldn't let this die out now.
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