Chris Merriman tweets that he cannot comment on the leak from David Levy and Suzanne Martin, but then changes his mind and comments multiple times:
Thanks for alerting me to this. It has been passed to our legal team who are already aware that I am being libelled on this matter. I have been asked not to comment on anything surrounding this, but sufficed to say, I don't take bribes. Never have. Never will.
Thanks for the support JM. Indeed I paid for my own Gemini, to ensure nobody could accuse me of anything. I have the receipt. I declined a review sample. The Gold one (that I won without knowing!), I refused to take - Planet have agreed to auction it for a cancer charity.
As for updating the story (from 4 years ago!!!!) - I write what I'm told, and we've been told by Incisive lawyers repeatedly not to write about it again, so our hands are tied anyway. It was correct based in the info I had, but I had been misled. It's all way above my paygrade!
Chris Merriman claimed that Janko Mrsic-Flogel's company Planet agreed to auction the Gold Gemini Chris "won", however the last time an auction was due to take place, cancer victim Amelia actually died waiting months for the Vega+ to arrive.
A quick reminder of what happened the last time one of Janko's companies said one of their units could be auctioned for "cancer"....#zxvegapic.twitter.com/7qmH00MqQJ
This is a small summary on behalf of Chris Smith, Darren Melbourne and Paul Andrews on recent insolvency events.
On Wednesday the 10th April 2019, Chris, Darren and I attended a creditors meeting at the Official Receivers Office to represent Games Rights Owners and ourselves in the nomination process of an insolvency practitioner for RCL.
At the meeting, creditors’ claims were considered by the Official Receiver for voting purposes, and some claims were discounted from this, but may still be counted as creditors in the future. Some claims were only accepted at a token peppercorn value.
We supported our preferred practitioner. Whereas, David Levy, Suzanne Martin, Janko Mrsic-Folgel, Private Planet Ltd, Teacher Stern LLP and Michelmores LLP supported their jointly nominated practitioner.
It would be inappropriate at this point to go into detail but the Official Receiver allowed one particular claim in excess of £300,000 which dominated the proceedings. Both sides objected to the other sides claims. Inevitably RCL et al had their choice of insolvency practitioner appointed.
We requested the right of backer votes to be allowed, totalling over half a million pounds of debt, and vigorously cited the various backers’ small claims successes against RCL. RCL argued they were "donations". The Official Receiver's position was that no individual backer had filed and signed any applications with them to be counted as creditors, despite "the insolvency of RCL being widely publicised".
We will update you again when things have progressed further.
Hello, longtime lurker first time poster. I emailed the Official Receiver as I had used the template very kindly provided by Graham Kenny to register myself as a creditor back in April. I've just received the following reply.
"Thank you for your e-mail. The official receiver was not aware that you were a creditor as I cannot see that your e-mail of 28 January had been forwarded to us. However you will now be added to the list of creditors.
I do not consider that crowdfunders are creditors but I did point out at the meeting that should new information be obtained , they can at any time be added as creditors. The purpose of the meeting yesterday was purely to appoint a liquidator in place of the official receiver and you will still be able to participate in any dividend payments should sufficient assets be realised."
The Winding up Order was made on 30 January 2019, on the petition of Private Planet Limited presented on 30 November 2018 for £16,000
This is my report to creditors under Rule 7.48 of the Insolvency (England and Wales) Rules 2016.
Prospect of a dividend payment
The information below in relation to assets and debts indicates that there is no prospect of money being returned to creditors at this stage.
Any payment made to creditors will depend on the value of the assets realised and the costs of the insolvency proceedings. The Official Receiver's standard costs are attached at Annex A.
Number of Assets/Liabilities
Estimated Realisable Value £
Intellectual Property — Game Console IP
Plant and Machinery
* This figure excludes crowd funders individual donations except those who have made a claim. There are hundreds of crowd funders and the inclusion of any that have made a claim as recipients of this form is simply in recognition that some have been advised they may have a claim in the liquidation. However, the terms of the crowd funding website used to advertise the need for funding do not support this interpretation and crowd funders were not counted as debts when it came to calculating who should be appointed liquidator at the meeting of creditors held on 10 April 2019.
The deficiency above includes issued and paid up capital of £100.
The intellectual property is subject to a dispute between the directors. Mr Andrews and Mr Smith state that the intellectual property belongs to Mr Smith. Mr Levy, Ms Martin and Mr Mrsic-Glogel are adamant that the IP belongs to the company.
The plant and machinery are bits of stock, tools and mouldings held at 3 different sites.
According to the information held by the Registrar of Companies the directors of the company were:
Christopher David Smith
14/07/2014 and 02/11/2018
08/04/2016 and 02/11/2018
David Neil Laurence Levy
24/11/2014 and 02/11/2018
08/04/2016 and 02/11/2018
Sinclair Research Limited
About this Company
The company was incorporated on 3 January 2014.
The last registered office was at 5 Technology Park, Colindeep Lane, Colindale, London NW9 6BX
Paul Andrews states that the company was originally set up with the intention of developing and selling a computer product based on an 80's computer, largely financed by a crowdfunding campaign. Two of the directors resigned in April 2016 and a bitter dispute with the remaining director and two subsequently appointed directors followed. It ceased trading in about January 2018. Mr Smith and Mr Andrews attribute the failure of the company to excessive amounts withdrawn from the company after their resignations by the other directors. Mr Levy attributes its failure to the misapplication of sales revenue by a third party and a campaign by the former directors to destroy the company.
I have to confess to having read the latest 'Levy Leak' with a sense of astonishment! Suzanne Elaine Millar is quite possibly one of the most formidable women I've ever had the misfortune to meet! The idea that this hirsute hag was in any way distressed is laughable! Let me set the record straight!!
In May of 2016 I was at my office when I received a phone call from my partner who was very upset. According to her a 'deranged old woman' had turned up at our house completely out of the blue, with both bodyguard and driver in tow. The old woman banged on our front door and when my partner opened the door she thrust an envelope into her hands and literally screamed "this is important SRL business, I suggest you get a lawyer"! With that she stomped back to her waiting car and was driven off!
I asked my partner to open the letter and it transpired that this was 'the' letter from Levy telling me that he/RCL had full rights to my C64 project and I should hand everything over immediately! I had already seen the letter as Levy decided to send it to me via snail mail and email, he also sent it to my colleagues, my employees and two or three people who were completely external to my professional life.
At this point I had no idea whatsoever who this deranged old lady could be and actually assumed it was a process server in the employ of Teacher Stern. However, when I thought about what she had said to my partner regarding 'important SRL business' I realised it had nothing to do with RCL at all. One quick check of Companies House later and I arrived at Suzanne Elaine Millar, a Director of Sinclair Research Ltd and former, spurned lover of the randy old lothario, Sir Clive Sinclair. A further five minutes of research on Google later showed me that Suzanne lived in Harrogate, approximately 10 minutes from my house! I therefore decided to go and try and talk some sense into Suzanne, hoping that she in turn would talk to Clive and the board of SRL!!
Contrary to Martin's comments regarding the fact that I knew Millar would be alone, I had literally no idea of her set up, who lived with her and who didn't. I arrived at the address to find a small block of flats that appeared to be almost retirement apartments. They are situated down a secluded driveway and the apartments themselves are only accessible once you have passed through an external security door. This point is exceptionally relevant to the 'distressed' Millar.
When I arrived at her flat it was empty with no answer when I buzzed for entry. I waited for a couple of minutes before walking back to my car. Just as I was about to get into the car, a Jaguar pulled into the driveway and the driver fitted the description that my partner had given me. I waked back down the driveway and introduced myself as Millar was getting out of the car! She shook my hand and was immediately friendly, although a little wary.
Then, before I could actually talk to her, the passenger door of the car opened and Sir Clive Sinclair got out of the car. I confess to actually missing a beat as I had planned to ask Millar to speak with Sir Clive and instead I now had the opportunity myself. I walked over to Sir Clive, shook his hand and told him how good it was to meet him again (I had previously met Clive as a star stuck teenager. It immediately became apparent that Clive wasn't well. He was shuffling instead of walking and was wearing carpet slippers. He seemed slightly disoriented and confused. I took his arm and walked him to the front door of the apartments.
Millar was watching me like a predator, intent and vigilant, obviously scared of what I would or could say to Sir Clive. I had already decided that I would talk to Millar and not Clive, who I deemed to unwell to stress further. Millar barked at Clive 'Come on now, into the house' and Clive immediately went to Millar. I picked up their bags of shopping and carried them to the security door.
It's worth mentioning that Clive, a mental behemoth in his prime, seemed cowed by Millar. He immediately did as he was told....nothing like the Sinclair of old. Millar asked me to wait for her as she wanted to talk to me and she then ushered Sir Clive away from me and into he house. I waited for five minutes or so and then Millar reappeared with a yellow, A4 legal pad in her hand. The first thing she was concerned with is how I had found her. I told her that Google and Companies House led me to her in about ten minutes and she was visibly annoyed that I had been able to find her so easily.
I then asked her to speak with Clive, the board of SRL and also with David Levy. I explained the history of my Commodore project and the fact that it had nothing to do with Levy or RCL. Millar promised me that she would do as I had asked. She then wrote her email address on a piece of the yellow A4 pad and asked me to email her with the details of what I wanted her to speak to the SRL board about. She also asked me the treat Clive's location with utmost discretion as she didn't want press or third parties harassing his convalescence. I gave her my word as to this and didn't repeat this meeting to anyone until after I received the now famous 'harassment' letter from Clare Toomer and I realised that the gloves were off!!
In retrospect I should have blurted everything out to Clive irrespective of my perception of his health. I made a call on this and decided to take Millar at her word, this was a massive mistake and I apologise unreservedly to everyone. I wasted the one chance that any of us had had to bring Sir Clive up to speed!
The reason that I laboured the security door point so much is that if Millar felt 'distressed' or 'threatened' as Levy and Martin later implied then why did she come back outside to speak with me? She was safe behind a security door and one can only assume her own front door, yet she chose to come back outside and converse with me for another ten minutes, before giving me her email address. She could have called the Police and had me arrested had my behaviour been anything other than polite and respectable. Once again, this is a situation that has been spun via rhetoric from Levy and Martin.
This all comes down to the fact that Levy was petrified that Sir Clive or SRL would pull the rug out from under him before he could bleed RCL dry. Sadly, Levy and Martin are master games players and via confusion, obfuscation and downright lies and propaganda they managed to stay in control for long enough to steal everyone's cash and to try and blame everything on Paul Andrews and Nick Copper, which is laughable!!
The email that I subsequently wrote to Elaine Millar is now public and for the world to see. I don't believe that it's in any way threatening, rude or disrespectful. At no point did I imply that I would reveal Clive's location to the world, yet Martin somehow interprets me saying that I wouldn't reveal his location as a direct intention to do exactly that!
The Levy and Martin show has sadly gone on for long enough. Their lies, manipulation and poison have cost the backers their money, Nick Cooper his livelihood and destroyed years of Paul Andrews and Chris Smiths lives! They're pond scum and I sincerely hope that one day they both get their comeuppance! I trust that the Universe will one day set the balance straight!!
Truth be told I was so concerned about Clive's health and also the way in which he was being commanded by Millar that I came very close to calling Social services. I was genuinely concerned for him. I saw Clive at his home about six months ago and he was in better health mentally although physically he was still very frail.
My personal perception is that Clive has been used as a pawn by a master games player. The more I think about the individual pieces of this mess the more I'm utterly convinced that Levy has orchestrated the entire thing from start to finish.
From Clive's divorce, to Paul Andrew's being forced out of the company, my guess is that Levy planned and executed everything!
This is obviously only supposition but to me it's the only thing that makes sense. Levy did it all for the money in RCL and for whatever he could screw out of Clive and SRL!!
It's probably not that funny when you consider Paul Andrews is buying trademarks he has no right to and using them to pull projects. He "owns" Manic Miner and JSW.
Is it as bad or better than buying trademarks then trying to blackmail the copyright out of owners?
Although the phrased used in his email was extortion.
I was happy to until I started getting contacted by rights owners again, and he sent a takedown notice to my gf for automata which he probably doesn't own
At no point did I say I'd seen loads of units ready to ship. As for Tanya "spying" I assume you mean a handful of tweets after her address was posted online forcing her to add to the abuse statements?
Wasn't it you that started inviting my family to your hidden group?
I knew it was coming with elite a few weeks ago. They can look after themselves. It's the others that are of concern. I've spoken to the trademarks people who have said they would have to defend andrews legally at the moment but then they put me onto ip lawyers because they don't agree with what he is doing.
Unfortunately next week the clivehelpus website will expire. It has been decided that we will not be renewing the domain.
While we don't know if it will help at all, if people want to voice their feelings and or register their debt with the RCL insolvency people at least the debt will be registered in history regardless if we get refunds or not, and hence here is the email to send your email to RetroComputersEnquiries@frpadvisory.com