Vega+ Shipping Dates
- End of September 2016
- October 2016
- In time for Xmas 2016
- February 2017
- A "few weeks" from March 10th 2017
- Summer 2017
- 8 weeks from August 9th (October 4th, 2017)
- Mid October 2017
- April 2018
- May 8th - 12th 2018
- May 12th 2018
- May 31st 2018 (Indiegogo deadline)
- June 15th 2018
- July 6th 2018
World of Spectrum
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Taking Small Claims Court Action against RCL
In case anyone is wondering, I think it is worth clarifying something about Rob Morton’s case.
Some people have suggested that the fact that Rob received marketing literature prior to him ordering a ZX Vega Plus was vital to him winning his case. That is NOT true.
The specific conditions the judge referred to that made this case potentially different from others brought against Indiegogo in the future was the clarity with which RCL always wrote about backers’ ORDERS and/or PRODUCT rather than their perks. The judge explained that when all the documents were taken together – the invitation received, the IGG campaign page, RCL’s “updates”, social media comments and announcements and plenty of others – they made it VERY CLEAR that a contract of sale had been formed. The ‘invitation’ for backers of the original Vega was just one element that contributed to this, but happened to be the example he gave.
As every backer of the ZX Vega+ had a chance to read the campaign page prior to ordering, received an identically-worded receipt, and have been sent exactly the same updates as provided in Rob’s case, there is still more than enough evidence to prove that a contract of sale was formed in every case, whether an early invitation was received or not.
The reason the judgement was not a ‘catch-all’ solution for all crowd-funding in general was that the judge pointed out that not all campaigns would be so forceful in their announcements that the perk people paid for would definitely be delivered on certain dates.
Remember, if anyone would like assistance in completing the paperwork for a small claims case – including the writing of witness statements and advice as to what evidence will be needed – then drop the team an e-mail at email@example.com. Please note that the advice they are offering is from a layman’s perspective; they are not lawyers. We say this just in case David Levy decides to lie about them as well as the troll he fell for from LevySexBot Legal Services Inc...
Thanks for your time.
Email address for our assistance: firstname.lastname@example.org
Following on from Rob's success in the small claims track against RCL, we have been asked to liaise with his team (using secure and anonymous methods) to put together a pack that will assist anyone else considering taking action. In case Dodgy Dave or Sickening Suzy is reading this, we have had NO direct contact with Rob, so I'm afraid he can't reveal to you our exact location in the Netherlands.
Before jumping in and filling out the forms, we suggest you take a few minutes of your time to consider the following.
Is Court Action for Me?
There are some important things you need to know. Firstly, it is not guaranteed that you will win. You might be unlucky and get a judge who misunderstands part of your argument, or you might even accidentally say something which goes against you. Nothing in this world is certain, so bear in mind that there is plenty of potential for things not to go your way. However, if you follow this guide, we'd like to think you stand a VERY good chance of winning.
But winning isn't everything.
Firstly, you will need to pay £25 at the time of application, and £25 at another point in the process. Of course, should you win, these costs are added to your award. But no matter how much you win, consider that you may not be paid by Retro Computers Limited. David and Suzanne seem to have no problem with ignoring court orders, so winning the small claims track case is one thing, getting your award from them is another.
Of course, if they are sensible, they will pay you off before the hearing is scheduled, as they should now realise they are highly unlikely to win a case.
You should also note that you won't be awarded any damages. The maximum you can claim is for the following:
- The amount you paid for your Vega+ console(s) plus the postage (and any transaction fees)
- The £50 (for a claim of under £300 before costs submitted online) it will have cost you in fees
- £50 in general administrative costs (e.g. postage)
- A maximum of £95 each for you and each one of your witnesses for missing a day's work for the hearing
- The cost of your travel to and from the court
Our suggestion is that you should be totally and utterly 100% honest throughout the whole process. You may well be asked (as Rob was) for receipts, so make sure you save these, and never claim for something that you cannot prove.
Note about Future Cases
In Rob's case, he asked for the award to be made against Levy, but unfortunately the judge found that on that occasion he could not agree to such action. However, he was very careful to explain what was missing from the information Rob had provided the court. This guide will include action based on the judge's comments which will ideally lead to the award being made against Levy and/or Martin personally. That's a different ball-game. Although Suzanne is happy to hide from bailiffs, Levy does not want to have to move every six to twelve months as Martin does, so in the end will probably pay up. A man with fifteen CCJs against his name will not be able to get a credit card, a loan, a mortgage, investment from anyone with any sense, and may even be banned from being a company director. Do YOU see Levy living the last few years of his life as a financial outcast, a publicly-shamed idiot only allowed the most basic of bank accounts? Again, we cannot promise, but we will do what we can.
Why SHOULD I Claim?
Well, firstly, there is a chance RCL will not want to face bailiff action and be in contempt of court, and therefore look to either settle before the hearing, or pay you when you have won. That's great if it happens.
We suspect that the sooner you claim, the more likely you are to get a refund – let's be honest, we know the company doesn't have very much money. Thankfully, the actions of the former directors are currently preventing Levy from shutting the company down, but this will not last forever, as it can be a costly and time-consuming business fighting an idiot like Levy – and we'd imagine most people are absolutely sick of having to think about the cloud-headed buffoon.
You may also wish to claim on an ethical point of view. The money may not be important to you, but the victory may be. Especially if the award is made against Levy or Martin personally, then it is a huge victory for you. Most people scammed by con artists never get the chance to get their own back. Embarrassing Levy, knocking him off his ever-lowering self-built pedestal is – according to those who have done it – a hugely satisfying experience.
It is also clear that court action can result in unexpected hilarity that makes the whole thing worthwhile. Seeing Levy write to the court claiming he cannot attend because he fears his cock will be chopped off made the effort of Rob's case worthwhile by itself.
How Much Will You Help Me?
This guide will contain all the information you need; don't worry, the next stage's advice will be published before you need to respond! If you're a confident speaker, and are fairly competent about making a specific point, this should be a breeze for you.
If you are a little nervous, maybe you'll want to find a friend who is a good 'arguer', who you can tell all about the situation. They can help you with various things and also even speak for you in court (This is known as a Lay Representative, which is slightly different to a McKenzie Friend, who can advise you but not speak for you).
The team who offered Rob some assistance are also happy to help anyone else out with anything they need. Support is offered completely for free, although we will supply a bitcoin and PayPal address for anyone kind enough to make a contribution in thanks for the time they'll spend helping you specifically (no automated emails here!).
If you feel that you just don't have the confidence to represent yourself in court, a member of the team can potentially do this for you. You'll need to ask for the hearing to be held in Luton as we've had success there already, it's central to London and the various locations where the team live, it's accessible by motorway, train and airport and is a thoroughly nice place despite what the media would have you believe. Out of courtesy, please drop the team an email before submitting your document. Again, they won't ask you to pay for their time, but unless you're living on the breadline then perhaps you'll find it in your heart to donate a little – they'll not only have to spend a lot of time preparing for you, but will also have to take an entire day off work… yet they all have real jobs as well! Of course, you may well be able to claim expenses up to £95 for their involvement, particularly if they are one of your witnesses.
I'm in. What happens now?
The first step is to commence action...
First Step: Submit a Claim to the Court
You will need to submit a claim form to start the process. You can do this online (cheaper) or by post (more expensive). You can find the small claims track website here:
This lists things like the online link, or the address to send the paper form if you choose to submit it that way. It also explains how to pay the initial fee. The site explains most of this very clearly, so we will not go into detail here about the admin – however always feel free to ask the team for advice using the email address given at the top of the article.
Here is an example of how you should fill out the form.
Notes for N1A Form:
General: It's best to use black ink and fill out the form in BLOCK CAPS
“In The” – in our example we've listed “The County Court at Luton”. You should enter the court in which you'd like the hearing to take place. Remember, if you really feel you need one of the team to come with you, please choose Luton – and also drop them an email before submitting your form. Here's a list of the County Courts you should be able to choose from: https://county-courts.co.uk/countycourtdirector/
Claimant(s) name(s) & Addresses – The person claiming really should be the one who purchased the Vega+ from RCL. If not, speak to the team. Remember, YOU are the claimant, RCL are the defendant. Put your full name in this box, along with your full address and postcode.
Defendant(s) name and address(es) – Copy this from our example: This is the registered address of RCL. Although you'll be asking for the costs to be awarded against Levy personally, your contract of sale was with RCL the company, so the defendant is the company only.
Brief Details of Claim – You can copy our suggestion word-for-word, replacing the bracketed sections with your own dates, as long as it is factually true in your case. If you don't have the exact date, then month and year should be fine… but your case will be MUCH stronger with EXACT details supplied. You may need to make minor adjustments, e.g. if you bought 2 Vegas but they have only refunded you for one. In the final line, you should replace the XXX with the same amount as listed in the 'Value' box below.
Value – This MUST be the value of the purchase you made from RCL, including any and all perks that haven't been delivered. You can include the cost of postage, and if you were charged any PayPal fees (although we don't believe anyone was). You cannot at this stage include any costs of recovery, as they are not covered by your original contract of sale with RCL.
Preferred Hearing Centre – this should be the same as the one you listed in the heading
Defendant's name and address for service – copy the information from our sample form: the claim will then be marked for Levy's attention.
Costs Box – the amount claimed is the same as the 'value' box. The court fees are listed here - https://www.gov.uk/make-court-claim-for-money/court-fees - if the claim is for a single Vega (i.e. it is under £300 before any costs are added) and you submit the form online, this would be £25. Sending the form by post costs a £35 fee. Unless you're using a lawyer, put £0 in the legal representative's costs.
Human Rights Box – it's debatable – much of what Levy has done SHOULD count as crimes against humanity, but we'll sadly have to tick 'no' here on this occasion.
Particulars of Claim – similar to the brief details, you may need to slightly adjust this, but the general template is a guide that should suit most people. Remember to enter exact dates unless you absolutely cannot determine what they were. Towards the end, £XXX is the value of the claim, and £FEE is the fee for submitting this document (e.g. £25 online, £35 for posting, for claims of a value under £300)
Statement of Truth – Presuming you're the claimant, place a line through the text 'The Claimant believes'. Enter your full name (including middle names) where indicated, and sign the left hand side. Put a line through all the text below except 'Claimant'.
Claimant address – leave this box blank, presuming your correspondence address is the same as you have listed overleaf.
Now Submit the Form
With a little luck, no-one should be having any difficulty at this stage.
Remember, if you want to ask anything, drop the team an email. It's important to get everything correct, as court staff can get very funny about procedure – more so than the judges you'll generally find.
Even if you don't need any help, it would be great for anyone who has chosen to take this step just to let the team know; there are certain possibilities if a number of people submit a similar claim, so to keep track of the number of claims going on would be very helpful.
What to do next will be uploaded soon… don't worry, it'll be in plenty of time for you to act! There's nothing to stop you from getting that claim form in today, so… what are you waiting for!
Rob has paved the way. Now it's your turn. Perhaps YOU'LL be the first person to be awarded an order against Levy HIMSELF… and what an honour that would be!
Best of Luck
From Doctor Sir Anon Y Mouse, PhD, FRCS
Change of Address Letter
This is a letter for anyone who has already begun court action against RCL, as their contact address has changed. Simply edit the relevant details and fire it off by email to email@example.com or by post. Please note that this is for claims submitted online. If your claim was sent by post, you will probably need to send it to the court you chose to have the hearing at.
Disclaimer: This information is not provided by a qualified legal practitioner, and thus does not constitute any form of official legal advice. Although everyone hopes you will win, any action you take is entirely at your own risk. If we could guarantee the result of any legal process, we'd already be very rich women indeed.
Latest Funky Spectrum RCL Videos
More terrible press for the much maligned console and to make matters worse, Sky have now insisted that the company no longer use the Sinclair name and its related trademarks.
A tiny amount of the promised 400 have been spotted in the wild and there's not a single positive review.
"Our Indiegogo campaign is to raise funds to manufacture the first 2,500 or more units of the Vega+ in the UK, and to prepare us for the second production run."
— RCL (15/02/2016)
- All refunds processed: ✘
- Roll of honour email: ✘
- Address confirmation: ✘
- Battery specification: ✘
- PEGI certification: ✘
- Final specs released: ✘
- Games list released: ✘
- Finished box design: ✘
- Manual released: ✘
- Working website: ✘
- Final devices made: 0 ✘
- Small claims victories: 0 ✘
- Prototypes made: ~100-200 ✔