I've put together the following rundown on how I went about getting my money back. I hope it helps those of you looking to do the same, be that through your CC company, PayPal, or the court system.
*Disclaimer* **I'm not a lawyer and this is not to be construed as legal advice. I make no representation as to the accuracy of any of this information, or the likely outcome of any action you decide to pursue. If you feel you need legal advice and/or representation, you should consult an attorney before proceeding further **I obviously pointed out the DSR and quoted the following:
“Under the DSRs, a customer’s right to cancel is unconditional.
If customers cancel before they have received the goods, you must refund the total price of the goods, including any delivery charges.
If they cancel, they can refuse to accept delivery of the goods. This cannot be treated as a breach of contract.”
I obviously cited the DSR and quoted the following:
DSR is here:
http://dshub.tradingstandards.gov.uk/dsrexplainedI stated that Alpha was not denying that this law would apply to consumers, but rather was trying to recategorize their customers as businesses rather than consumers and offered their own e-mail dated July 28 to back that up.
I stated that I was not a business and also that no representation was made by Alpha prior to sale that these sales would be treated as sales to a business. I had stated this repeatedly to Alpha in e-mails and offered those also as supporting evidence. Further to that I pointed out that the tax brief they repeatedly cite was issued AFTER my purchase and that it clearly states that it is for tax purposes only:
They site the following link themselves in an e-mail dated July 28:
http://www.hmrc.gov.uk/briefs/vat/brief0914.htm
“The tax treatments outlined in this brief are for tax purposes only. They in no way reflect on the treatment of cryptocurrencies for regulatory or other purposes.
Given the evolutionary nature of these cryptocurrencies, HMRC will issue further guidance as appropriate.
Issued 3 March 2014”What I also cited, which may be new to some people, is the Consumer Protection from Unfair Trading Regulations 2008, which prohibits material omissions of fact, among other things. This omission of intent to categorize this as a B2B sale prior to sale, IMO, is a material fact that was not disclosed prior to sale. Alpha T is in violation of several things in this law. I would recommend anyone trying to get a refund read that entire thing, there is plenty in there that can be used.
It is located here:
http://www.legislation.gov.uk/ukdsi/2008/9780110811574/regulation/6Nice job also to whoever has the sites fightalpha.net and
http://www.abunchacrap.com/Alpha01052014/atindex.html . There is a ton of good info on them in terms of statements on delivery dates, some of the notices they sent out etc, that can be used to construct your supporting documentation if you haven't kept the e-mails and other stuff that came out.
For those that need to file via the courts, even from outside the UK see this site:https://www.moneyclaim.gov.uk/web/mcol/welcomeWelcome to Money Claim Online
Money Claim Online (MCOL) is HM Courts & Tribunals Service Internet based service for claimants and defendants.
Money Claim Online is a convenient and secure way of making or responding to a money claim on the internet.
Please note, if you are outside the UK:for those who are not in the UK and are considering using Money claim online you will need a service address. This is an address in the UK where mail is sent, then forwarded on to you. Here is one such company, I have never used them so check them out yourselves but they do forward mail internationally and accept personal as well as business customers. There may be other services as well
http://www.cityaddress.co.uk/index.html So, review the resources above,
INDEPENDENTLY VERIFY THEM FOR YOURSELF put together your materials in an organized fashion and file through your CC company, PayPal or the court system, depending on your situation, and if you decide to pursue this further. For the items you cite, cite their own e-mails to back them up or relevant law from the DSR or Consumer Protection from Unfair Trading Regulations 2008. Just make sure you offer supporting evidence for any point you make AND THAT YOU HAVE INDEPENDENTLY VERIFIED IT.
It is also important, I think, to cite evidence that they were trying to paste this “you are a business” tag on people, as I think it shows bad faith. They did send this claim out in an e-mail, dated July 28th in which they both state this and cite that tax brief, which was dated after many sales were made.
For people that want to wait until after they miss their Q3 target date, which may be important as initially by credit card company asked what the date was and wanted to wait until after it had passed to start a claim, use the information on the websites people put up to cite that delivery date and possibly this article, in which Mubasher is dancing on the July 31 date, but is citing the end of Q3. He is also citing these as business purchases in the article and Coindesk is citing the fact that the tax brief was issued after the sale of the devices. Bottom line, read the article and decide if you want to include it:
http://www.coindesk.com/alpha-technology-blames-paypal-dispute-bitcoin-asic-delivery-delay/If it's through a Credit Card company or PayPal and they are giving you a hard time about the timeframe, simply point out that, yes, it's been after 45 days or whatever, however the breach of consumer law happened after that 45 day period and still before delivery. As far as I know they didn't start making this claim of "these are business purchases" until well after 45 days after purchase time, but I haven't looked up the exact time-frame they started using that argument.
I would also recommend going to your CC company first. I've run across material on PayPal that they will try to argue for the vendor, with whom their interest lies, so go to the CC company first if possible. If you have to deal with PayPal, go for it. I've seen some people argue successfully there also.
You may have to be persistent with the CC company or PayPal, who may want to simply blow this off as outside the 45 day window. Make sure you are ready for that first phone conversation. Get your stuff together and be prepared to have a conversation presenting your case before you make that first phone call, as if you're not prepared you might get kicked to the curb and up locked out of those avenues.
Also be aware that this is going out in a public fashion, so our friends at Alpha may well be reading this. Be ready to offer more if you can, in the event that they are able to fabricate some actual argument to any of this. I don't see how they can, but that's what lawyers are for and I have not doubt they're talking to their legal people at this point.
*Disclaimer* **I'm not a lawyer and this is not to be construed as legal advice. I make no representation as to the accuracy of any of this information, or the likely outcome of any action you decide to pursue. If you feel you need legal advice and/or representation, you should consult an attorney before proceeding further **Hope it works out for you if you decide to pursue a refund.
Good Luck everyone.
