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Author Topic: Alpha Technology Litecoin (Scrypt) ASIC Miner Order Batch 1 Now!  (Read 529079 times)
eneloop
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July 31, 2014, 08:16:48 PM
 #2621

I saved their whole web page on 5th January including their ToS. Here is it: http://tinyurl.com/kud9kth
uozer
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July 31, 2014, 08:23:10 PM
 #2622

does the original terms say the terms can be changed at any time or that we would be viewed as a buisness?

haha, what do you think? make a wild guess

does anyone have a screenshot or copy of the original T&Cs?
Look one page back and Jomay check your PM.

so since they started asking for the remaining balance on 5/22 and original T&C says "Balance payment of 70% shall be collected 8-10 weeks before shipment date". They breach it if they happen to cancel any order for not closing the balance.

i posted this to their forum and it got instantly deleted, wow fiaz, you are achieving a new record now arent you?

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jomay
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July 31, 2014, 08:28:25 PM
 #2623

does the original terms say the terms can be changed at any time or that we would be viewed as a buisness?

haha, what do you think? make a wild guess

does anyone have a screenshot or copy of the original T&Cs?
Look one page back and Jomay check your PM.
Thanks a lot retro72, very much appreciated and the information you have sent to me will come in handy.

Regarding other Q's on here:
  • Wayback machine http://web.archive.org/web/*/https://alpha-t.net/terms-order/ is your friend when looking up old/previous T&C or website statements.
  • T&C's cannot be changed retroactively without both parties explicitly consenting to it.
  • Their T&C as of 9.2.2014 stated “UK customers pay added VAT (on final payment)”. We are not business, that's absolutely clear.
    Offtopic, even KnC may have difficulties to defend their claim that all customers are businesses in court, as many have paid VAT and no proof was asked for.
  • If you dig through your email updates from Alpha you'll find loads of broken promises. In fact, it clearly shows that the people in charge are very young and immature when it comes to running a business. Shame on me for not noticing earlier.

BTC 1NoV8NFSB7eiuK2aABFtBTdUdXhbEdG7Ss
LTC LaFyWSfzKY7CKwwmbxhyf8S2iJvfT7JFtL YAC YKKwR5B64Z9ww971J42vEGVPaema623Tz6
bumface
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July 31, 2014, 08:34:37 PM
 #2624

I saved their whole web page on 5th January including their ToS. Here is it: http://tinyurl.com/kud9kth

wow your the hero of the day haha.

it does not say , we can change this without consent, so i did not agree to changing the terms.

it does not say i am a buisness (which im not). so by Distance selling Regulations law i can get a 100% refund,without breach of contrac (which they did do with a minimum of 5 times)


wilson1973
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July 31, 2014, 08:36:28 PM
 #2625

does the original terms say the terms can be changed at any time or that we would be viewed as a buisness?


  • Their T&C as of 9.2.2014 stated “UK customers pay added VAT (on final payment)”. We are not business, that's absolutely clear.
    Offtopic, even KnC may have difficulties to defend their claim that all customers are businesses in court, as many have paid VAT and no proof was asked for.



Just to clarify in the UK if businesses are VAT registered then they can add VAT to an invoice regardless if you are business or personal customer. Obviously if you are a business customer and are also VAT registered it is to your benefit as you can claim this VAT back. If you are not a business or are a business but not VAT registered you are unable to claim this back.


Slipknot79
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July 31, 2014, 08:38:32 PM
 #2626

As a paying Customer, I have been banned again for asking pertinent questions:

Now its going to be:

Distance Selling Regulations, Small Claims Court, High Court, High Court Sheriff.
It's my intended route as well. Do you want company on your journey? Wink

What are the experiences of other people? Paypal apparently refuses to refund, so should I try the CC chargeback right away? Or small claims court? I always wanted to know how that works! Yuipee!

Also, retro72 posted a summary of what went wrong and some links to legal advice/bits, but I can't find the link right now. Can anyone post the link to it? This thread is getting a bit unwieldy!

Have stored this yo, its from retro.
---------------

Below is a great site about one guys experience using Money Claim Online. (https://www.moneyclaim.gov.uk/web/mcol/welcome)

http://www.howtotakesomeonetocourt.info/joomla/

If your claim is under £10,000 it can be heard in absentia. Although you must state this is how you wish to proceed in your claim. Once the claim is made, Alpha will be notified within 2 working days and will have 14 days to respond. If they do not dispute the case, or respond you will be awarded a judgement by default and Alpha will be ordered to pay you in full.

If Alpha choose to dispute the claim they will also be saddled with court costs WHEN they lose. These will be substantial on multiple claims. I would suggest you coordinate your claims so Alpha are bombarded with many claims at once.

Your case, if you are a consumer should be based on the UK Distance Selling Regulations but you should also build a case for breach of contract if Alpha do not deliver by the 31st July (10 weeks after final payment was asked for) and because they have not notified their customers of the exact shipping date, as stated in their contract. Also you could also make a case for them not supplying "frequent" updates with videos/images, as this was also in their contract.

If you are a business you are not covered by the DSR so your case will have to be built around breach of contract.

I would suggest all claimants communicate and coordinate via PM as Fiaz monitors this site.

Or you could just sidestep the courts and unleash the debt collectors on to them. Cost: 15% of recovered funds. No win no fee.

http://www.debt-collection-service.co.uk/#

I don't know how effective these guys are but they might be worth a try

--------------


I should probably add 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.

http://www.cityaddress.co.uk/index.html
----

bumface
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July 31, 2014, 08:41:11 PM
 #2627

i didnt sign up for all this headache

s1gs3gv
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July 31, 2014, 09:00:14 PM
 #2628

Yup, their new T&C definitely point to the likelihood that the systems will be lower spec than they'd hoped--but who knows, maybe they'll be faster.. right?

As was pointed out awhile back, for them to reach the claimed 10-fold increase in speed, they'd need more chips than they likely ordered, and of course supplimentary hardware. It makes sense they're dialing back the expectations, and have been really hush the last few weeks on hashrate. Afterall, throwing more chips at something doesn't help if there's no gear to support them.

Throwing more chips at something definitely won't help if there are no chips to throw

~L)L~

jomay
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July 31, 2014, 09:01:23 PM
 #2629

i didnt sign up for all this headache
Yes you did, just as I did. I ordered 5 MH/s or MegaHeadaches/s for a small Viper. But they increased that over time. Wink

BTC 1NoV8NFSB7eiuK2aABFtBTdUdXhbEdG7Ss
LTC LaFyWSfzKY7CKwwmbxhyf8S2iJvfT7JFtL YAC YKKwR5B64Z9ww971J42vEGVPaema623Tz6
vesperwillow
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July 31, 2014, 09:28:09 PM
 #2630

Yup, their new T&C definitely point to the likelihood that the systems will be lower spec than they'd hoped--but who knows, maybe they'll be faster.. right?

As was pointed out awhile back, for them to reach the claimed 10-fold increase in speed, they'd need more chips than they likely ordered, and of course supplimentary hardware. It makes sense they're dialing back the expectations, and have been really hush the last few weeks on hashrate. Afterall, throwing more chips at something doesn't help if there's no gear to support them.

Throwing more chips at something definitely won't help if there are no chips to throw

~L)L~



Haha.. soo true. An increase of 5 or 20 means nothing, when its multiplier is null.

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July 31, 2014, 09:50:04 PM
 #2631

I, as a paying customer, was banned yet again.  So much for ethics and transparency.  I guess I shouldn't point out they were not transparent nor ethical, when they clearly knew at the point in time when they were collecting the 70% final payment there was 0 chance of a July delivery.

I was just banned too.  These guys are criminal!  Too bad for them that I'm an attorney and I'm already starting to draft my lawsuit against them.  I did, however, start proceedings with my bank for my bank wire.  If my bank is unsuccessful in securing my 30% deposit in full, I will sue the pants off of them.  They don't stand a chance.  These idiots don't know a well written contract from a ghetto tagging.
oox
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July 31, 2014, 09:53:38 PM
 #2632

i didnt sign up for all this headache
Yes you did, just as I did. I ordered 5 MH/s or MegaHeadaches/s for a small Viper. But they increased that over time. Wink

LMFAO But it feels like it's GH/s today Wink
wilson1973
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July 31, 2014, 10:00:49 PM
 #2633

I, as a paying customer, was banned yet again.  So much for ethics and transparency.  I guess I shouldn't point out they were not transparent nor ethical, when they clearly knew at the point in time when they were collecting the 70% final payment there was 0 chance of a July delivery.

I was just banned too.  These guys are criminal!  Too bad for them that I'm an attorney and I'm already starting to draft my lawsuit against them.  I did, however, start proceedings with my bank for my bank wire.  If my bank is unsuccessful in securing my 30% deposit in full, I will sue the pants off of them.  They don't stand a chance.  These idiots don't know a well written contract from a ghetto tagging.

Sorry but this is just hilarious. 24 hours ago they hoped to put everything behind them, unban everyone from their forums in an attempt to get everyone on side, install that warm and fluffily about the new approach, the shining light, the way forward.

24 hours later they are mass banning people for much of the same behaviour i.e. asking legitimate but probing questions.

Business as usual.

Is there anyone that believes they can deliver. For them their only hope is that there are people which do believe they can do it, those people and only those people will fund the remaining dev work, without which I doubt AT can raise the necessary funds to complete this monstrosity!

Pass me a another nail for that coffin....


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July 31, 2014, 10:26:25 PM
 #2634

I saved their whole web page on 5th January including their ToS. Here is it: http://tinyurl.com/kud9kth
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^''


anderl
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July 31, 2014, 10:32:43 PM
 #2635

I, as a paying customer, was banned yet again.  So much for ethics and transparency.  I guess I shouldn't point out they were not transparent nor ethical, when they clearly knew at the point in time when they were collecting the 70% final payment there was 0 chance of a July delivery.

I was just banned too.  These guys are criminal!  Too bad for them that I'm an attorney and I'm already starting to draft my lawsuit against them.  I did, however, start proceedings with my bank for my bank wire.  If my bank is unsuccessful in securing my 30% deposit in full, I will sue the pants off of them.  They don't stand a chance.  These idiots don't know a well written contract from a ghetto tagging.

Sorry but this is just hilarious. 24 hours ago they hoped to put everything behind them, unban everyone from their forums in an attempt to get everyone on side, install that warm and fluffily about the new approach, the shining light, the way forward.

24 hours later they are mass banning people for much of the same behaviour i.e. asking legitimate but probing questions.

Business as usual.

Is there anyone that believes they can deliver. For them their only hope is that there are people which do believe they can do it, those people and only those people will fund the remaining dev work, without which I doubt AT can raise the necessary funds to complete this monstrosity!

Pass me a another nail for that coffin....




The mass banning now is not just for the sake of removing negativity.  No the banning now is tactical.  They are weeding out anyone who will vote against the 30% share structure.  Odds are if you are still asking for a refund then you are likely to not want to pay in full and definitely not likely to want shares of the company.

With the majority of the no votes banned from the forum they will be able to move forward with their plan.  They will say look the majority of our customers want shares in Alpha Technologies.  So anyone that has not paid in full within x days (mostly refund requester) will get their money seized by the company and now they can resell those miners or use the capital to try again with another chip run.  They are so smarmy now. it is unreal.
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July 31, 2014, 10:40:36 PM
 #2636

I, as a paying customer, was banned yet again.  So much for ethics and transparency.  I guess I shouldn't point out they were not transparent nor ethical, when they clearly knew at the point in time when they were collecting the 70% final payment there was 0 chance of a July delivery.

I was just banned too.  These guys are criminal!  Too bad for them that I'm an attorney and I'm already starting to draft my lawsuit against them.  I did, however, start proceedings with my bank for my bank wire.  If my bank is unsuccessful in securing my 30% deposit in full, I will sue the pants off of them.  They don't stand a chance.  These idiots don't know a well written contract from a ghetto tagging.

Go get 'em !
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August 01, 2014, 12:25:53 AM
 #2637

Yep. Banned as well here, Force. So they get this email, before I pay the 35 pounds to report them to get my money back officially. They get one chance before all hell breaks lose and I go to the ends of the Earth to stop these mother fuckers.

Alpha-Technology (INT) Ltd.
66 Dickenson Road
Manchester
M15 5HF
England, UK
 
This contact is in regards to order #7079, placed January 5, 2014 for one Viper (Scrypt) Miner (5Mh/s) x1
 
I would like to start by acknowledging receipt of your latest update, and appreciate your offer. After much consideration, I must respectfuly decline.
 
In complete accordance with your terms;
Cancellation & Refund Policy
Within 0-1 month after receipt of payment: Full deposit will be refunded.
Within 1-3 months after receipt of payment: 75% of the deposit will be refunded.
Within 3-5 months after receipt of payment: 50% of the deposit will be refunded.
Please note a cancellation fee of £70 towards handling charges will be applicable along with any cancellation.
 
We are now in a "6 months and beyond" status. I am aware you are currently on track for a Q3 delivery, though I will be cancelling my order.
As such, in accordance with UK law as I am within a 6 month period, I am immediately demanding a refund of my initial deposit, minus the £70 cancellation fee.
 
Additionally, I must state the following for the record:
My attempts at communication with your company which were offered via your website's forums have yielded no positive results. After voicing my very serious concerns (which you may or may not consider serious) I have had my posts deleted. I have said directly that my posts were deleted without reason. I was given reasons that do not coordinate with what I have said on the forums. My words were also manipulated by Fiaz Malik (A.T. community representative) in personal messages to me. I was then banned from your forums temporarily after attempting to rectify this manner and achieve proper communication. I no longer wish to speak with your company electronically as all attempts to do so have yielded negative results and you have literally blocked my ability to communicate with your business via the forums, condescendingly, after a personal message asking "what you want from me."
 
As such, any contact sent to this email from your company will no longer be read and will be treated as no attempt of contact being made. You are encouraged not to continue communication, but to refund any finances associated with this transaction. In the event you feel it necessary to communicate with me again, against better judgment, you must do so via mail. (FYI certified mail will be your best defense in the event you are ever taken to court on any matters.)
 
My secondary reason for cancelling this transaction is that you had an apparent view as though this was a business transaction as opposed to a business to consumer transaction. This was made very clear on your most recent update.
 
The message states: "All sales are legally classed as business purchases for many reasons, one being that the hardware we are selling can only be used for mining cryptocurrencies which is legally a business practice and a taxable activity according to HMRC "

I did not agree, in any way, shape, or form to complete a business to business transaction with your company.
 
I am, specifically, a hobbyist, an international order customer (USA) and cryptocurrency mining was a possible hobby I would have started. In the event I were to use this device the necessary tax compliance steps would have been taken. This purchase was made 100% in good faith as a consumer. Nothing more.
 
Additionally, charging VAT for transactions does not alone make any transaction a business to business transaction, regardless of how your business classifies its sales and pays taxes.
 
Funds are expected no later than 45 days from now, 7/31/2014.
 
Like your business I do not accept credit cards. You may send check or cash to my primary address:
 
xxxxxx
xxxxxx
xxxxxx
 
or Bitcoin to the following address:
1jC12yAEMV9R5xZaPKEMztKEfmixWvLCw
 
Please be sure to include references to your sending address and the block chain for legal reasons if you send Bitcoin.

Regards,

xxxxx
xxxxx
xxxxx
xxxxx
Scrappy Do
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August 01, 2014, 12:27:24 AM
 #2638

Please let us know the result of your claim. If Alpha won't refund and this case goes to court and you win we have a perfect precedent and any other customer can go through this process without having any fear to loose the claiming fees.

 filed 10 days ago.. But I am in the us.
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August 01, 2014, 12:36:54 AM
 #2639

has this claim been supported by legal advice of a lawyer
looks to me it has a far better change of succes
regards
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August 01, 2014, 12:43:46 AM
 #2640

I simply did my due diligence in regards to what I wrote. I have piles of pictures of forum posts and emails which are all now legal documents in this matter which could give me mountains of more reasons. They simply need to STFU and give us our money back, or get owned it court. Tried to make that clear in the email :}
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