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David Levy admits he has no rights to the C64 project

On June 7th 2018, Darren Melbourne released the following email correspondence in the public discussion facebook group.

David Levy contacted Darren Melbourne and an associate, claiming that the C64 project partially belonged to Retro Computers Ltd, before finally admitting that the project had nothing to do with RCL. David Levy recommended use of the services of convicted criminal Suzanne Martin for public relations work, but thankfully Darren did not take David's advice.


From: Darren Melbourne
To: "davidlevylondon@yahoo.com" <davidlevylondon@yahoo.com> 
Cc: Paul Andrews ; Chris Smith 
Sent: Friday, April 1, 2016 10:56 AM
Subject: Letter

David,

This week saw an avalanche of emails, recorded delivery letters, hand delivered letters and even letters to the homes of members of my staff.

I fail to see why you have attempted to draw me into a share holders dispute that exists within your company. I also fail to see why you feel it appropriate to forcibly share confidential information with a third party that is unrelated in any way to the company that you are Chairman of. For the avoidance of doubt, I have no affiliation or allegiance to Retro Computers Ltd and I will not be drawn to comment on or enter into a debate regarding your organisation.

You have spoken freely of my Commodore project. This project is also in no way affiliated with Retro Computers Ltd and your belief that it could be is both erroneous and misguided. Who I work with on my project is my choice and I will take neither council or advice from you on this subject. The Commodore project had it's inception within our Wilmslow office and is the culmination of a project started over a decade ago by my colleagues and I.

I trust that you are professional enough not to allow your private dispute to affect my business interests. Given the nature of your correspondence, however, it is incumbent upon me to make clear to you that any action, either by you or those connected to you, which negatively impacts any business with which I am involved will be met with a robust legal response in which we will seek full compensatory damages.​

Regards

Darren


From: David Levy <davidlevylondon@yahoo.com>
Sent: 01 April 2016 19:09
To: Darren Melbourne
Cc: Paul Andrews; Chris Smith
Subject: Re: Letter

Hi Darren,

You appear to have misunderstood me. I do not in any way claim that Retro Computers Ltd has any rights whatsoever in relation to your Commodore 64 project. Far from it. I have known since February last year that it was your idea, and I have always fully accepted that.

The shareholders dispute arose because Paul and Chris have contravened Section 175 of the Companies Act 2006, relating to conflicts of interest, and in doing so they have also contravened the company's Articles of Association. Their clear contraventions have been confirmed to me by by solicitors. What they should have done, both morally and legally, was to deal with you on the basis that any agreement with you regarding the project should have Retro Computers Ltd as the party contracting with you, and not either or both of them personally. Had they done so they would have not have been contravening Section 175 and there would have been no problem. From your point of view I would expect there to be no ignificant difference between your giving Paul and Chris personally a combined total of 50% of the benefits, and your giving Retro Computers Ltd that same same 50%. I therefore assumed that you would find it helpful to encourage Chris and Paul to put things right with me, as indeed Paul promised Suzanne Martin they would, in order to allow them to contribute to your project without being in contravention of Clause 175.

Although the dispute within Retro Computers Ltd is not directly of concern to you, it should, I feel, be of indirect concern. Lady Angie Sinclair has convened a meeting next Wednesday evening with myself and Paul, in an attempt to iron out our differences without the need for litigation, and as a result I have put my lawyers on hold. I very much hope that we are able to reach an agreement on Wednesday - it would clearly be best for everyone if we could do so. But if that turns out not to be the case, any litigation between myself, Chris and Paul, based on their contravention of Section 175, is likely to have an impact on their capacity to work on your project outside the confines of our company, and similarly on any other retro computer project. Therefore, as I see it, you do have an indirect interest in our dispute. If the dispute can be settled amicably Chris and Paul will be working for you fully within the constraints of Section 175.

I also see other benefits for everyone if this dispute can be settled peacefully and Retro Computers Ltd is your contracting partner. You might be aware that the great success of our two Indiegogo crowdfunding campaigns was due very largely to the outstanding work of Suzanne Martin. I wrote almost all of the text that went on to the Indiegogo web site for both campaigns, but it was Suzanne who ran the entire media campaign to bring the Indigogo campaigns to the attention of the people who backed
them. Neither Chris nor Paul did very much at all in relation to our Indiegogo campaigns - Chris contrbuted some FAQs which required technical understanding, and Paul did some postings to social media and he handled the admin, but then almost anyone could do that and in fact Suzanne could do that as part of her role.

I have known Suzanne for 15 years and can testify that she is a superb PR asset in every way. For Retro Computers Ltd she has, becasue of her friendship with me, been working for much lower fees than she usually charges, and she could do so for your campaign as well. Without her I believe that neither of our campaigns would have been half as successful. Who you employ for your project PR is, of course, entirely up to you, but I cannot believe that you will find anyone nearly as good and such excellent value. If the Retro dispute can be settled peacefully you would, in my view, be well advised to speak to Suzanne and then evaluate for yourself what she could do for your campaign. If you choose not to retain her, so be it.

Kind regards,

David


From: Darren Melbourne
To: David Levy <davidlevylondon@yahoo.com>
Cc: Paul Andrews ; Chris Smith 
Sent: Saturday, April 2, 2016 10:17 PM
Subject: Re: Letter

​Hi David,

Thank you for your response and also for the acknowledgement and clarification regarding the ownership of the Commodore concept. Having read your response my position remains the same, this is an internal dispute between the shareholders of Retro Computers Ltd. As an unrelated third party I don't want to find myself embroiled in this dispute in any way.

I would hope that you can all find an amicable and mutually agreeable resolution.

Best Regards

Darren


From: David Levy <davidlevylondon@yahoo.com>
Sent: 03 April 2016 06:57
To: Darren Melbourne
Cc: Paul Andrews; Chris Smith
Subject: Re: Letter

Hi Darren,

Many thanks for this.

I understand your position.

Lady Angie Sinclair, Paul, I and hopefully Chris willbe meeting on Wednesday evening in an attempt to resolve our differences.

Best,

David

 

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