Can someone tell me where in the world a Crypto currency is a recognised currency?
As i understand it HMRC see it as a personal traceable asset.
My experience of Small Claims is the Judge acts as inquisitor of both cases. I got a roasting once and judge found in my favour. went totally against all the signs.
I intend to throw every piece of law i can find at them and see if they stick. Distance Selling Regs, unfair trading regs, etc
Also they cannot cancel the contract because you ask for a refund. It is an unfair term. They have gained a pecuniary advantage.
The bottom line is if you have paid in full more than 10 weeks ago they have breached contract.
Further, a court may find that the contract only commenced from the 8 weeks after final payment as that is the time when they should have started shipping and there for the contract commences then. as they did not it could be viewed that they were negligent/in breach of the statutory duty owed under Section 5(2)(b) of the consumer Protection from Unfair Trading Regulations 2008
it causes or is likely to cause the average consumer to take transactional decisions he would not have taken otherwise
plus i am concerned they knew problems end of April as the Development updates stopped and then they would be in breach of the Fraud Act
Besides i am not only relying upon the right to cancel on the Distance regs i also am seeking judgment on their ability to be unable to perform the contract and Schedule 2 of the Unfair Terms in Consumer Contracts Regulations 1999 Sections 1(b);(d);(g);(m); and (o).
Check em out, they may offer alternative routes to make a statement of claim. Personally i am kitchen sinking them and see what the judge says.
just a little extra -
http://www.hmrc.gov.uk/briefs/vat/brief0914.htm"1.Income received from Bitcoin mining activities will generally be outside the scope of VAT on the basis that
the activity does not constitute an economic activity for VAT purposes because there is an insufficient link between any services provided and any consideration received."
I know it is vague but with other evidence, some anecdotal, like is owning a camera, is it a business activity if you are a hobbyist and sell a few? Would most likely get you the benefit of the doubt. So selling selling a digital camera to a consumer or a professional would be a good parallel. Even if you would like the produced to pay for itself over a period of time. Does that make you a business? really? one uses it in his everyday work and another in his spare time. that i would imagine applies to the vast majority of AT customers. Therefore consumers.
Remember EVERYTHING is up for debate and a matter of perspective in a court room this will be no exception and most likely the judge will have had little experience of this market so it will be new to them and they will rely upon experience and intuition.
Intuition would not come down favourably on AT side as these products will not make money ever so how can they be a business activity. it is illogical to buy a machine that will not make enough for your to live on. so ok some have bought four or five or more of the big ones. they might have a tougher time arguing this. those who bought one unit should be able to argue the points.
Add it to ATs stance and timeline and most judges who see this sort of thing everyday may not look favourably on them.