Good ol' fashioned credit cards. Got my refund. GG.
But how did You do it? I've paid by credit card through PayPal. PayPal sent me an email, that they can not do anything, because it is more then 45 days. Actionfraud.police.co.uk sent me email, that they can not do anything, because:
Your report has been assessed by the NFIB and there is insufficient information that
would provide clear lines of investigation at this time. Clear lines of investigation
include, but are not limited to, things such as bank account details where money was
transferred to, names and addresses of the suspect(s) and where appropriate, vehicle
registration details.
So I decided to contact PayPal again and ask them for a banck account details, but the case is closed. And there is no option how to open it again, nor open a new one for the same transaction. Also they are not responding to email communication to
service@paypal.com . How can I obtain AlphaTech bank account details? What Can I do now??? Please help.
You can call them back. Tell them the breach occurred after 45 days. I'd go to my cc company first anyhow, as I've seen documents indicating that PayPal advocates for the seller anyhow.
anyway, I'll repost this for your benefit and others that are looking to get their money back. From a previous post:
Obviously, I paid via cc, so I was lucky, but for those prepping court docs, I think this applies also.
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.
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. 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:
“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”
I provided a link to the tax brief also. I printed that out also and submitted it as supporting documentation, along with their e-mail citing that brief. That brief is here:
http://www.hmrc.gov.uk/briefs/vat/brief0914.htmWhat 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 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/6I'll also tip my cap to whoever has the fightalpha.net site up. There is a ton of good info there in terms of statements on delivery dates, etc, that can be used. I came across it after I filed my stuff but for those going in now it is a good resource. I will contact him on the Consumer Protection from Unfair Trading Regulations law so it can be added to his site, as I think that's important. That law nullifies their entire claim to be able to simply recategorize consumers as businesses, among other things.
Put together your materials in an organized fashion and file. For the items cited, cite their own e-mails to back them up. If you have an e-mail discussion going cite that also. You have a very good shot at getting your money back. 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 and simply tell them that.
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.
In terms of court filings, go through the materials above and cite the laws, and how their statements and actions have conflicted with them. I think you have a very good shot there also. I would do it ASAP, as I think these guys *will eventually fold under the legal strain and expense, so get your claims in before they fold their tents and run for the hills.
*Standard Disclaimer* **I'm not a lawyer and this is not to be construed as legal advice. It's my opinion of their position and what worked for me. Hope it works for you if you decide to pursue a refund**
Good Luck.
