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Purchased Servers From hypere.cloud / Kuxo, 20 Months Later No Delivery Nor a Refund - Page 3
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Purchased Servers From hypere.cloud / Kuxo, 20 Months Later No Delivery Nor a Refund

135

Comments

  • @neverain said:

    @neverain said: You should sue him, get in contact with a lawyer there could be a way to get your money back or at least have him face some consequences

    I talked with a friend who is a law student, and according to her you have grounds to sue

    Him selling the company doesn't excuse him from his contracts

    if Thomas BRODERICK is a fake person, then ellis would be in much more trouble

    btw i asked chatgpt too and according to it:

    `
    In the UK, the sale of a business doesn't automatically absolve the previous owner of contractual obligations. The new owner may be responsible for fulfilling existing contracts, depending on the terms of the sale and the nature of the contractual obligations.

    If the old owner of the company had a contractual obligation to deliver the servers to you, you may have a legal claim against them for non-performance. However, the situation can become more complex if the business was sold and the contractual obligations were transferred to the new owner as part of the sale agreement.
    `


    its a complicated case and out of LowEndLawyers scope so you should get in contact with a proper lawyer asap (if suing him is worth your time)

    It wasn't a valid sale since the new 'owner' is bogus. So @Hypere should still be accountable for this. I say OP should just sue his ass.

  • emghemgh Member
    edited February 9

    edit: I tried to explain civil vs. criminal cases but it differs too much per country to make it worth it. Anyway, if someone here is a UK citizen and quite sure of it being a fake person, I’d report this to the Police or your Tax Agency, or ask both the Police and your Tax Agency if they’re interested. That’s for the fake company sale, not this induvidual sale.

    This sale, it has one victim, a fake sale of a company, that has tax implications etc and therefore it’s not unresonable that the state (police, tax agency, idk the UK) would want to persue it themselves.

    In Sweden at least, I highly suspect Skatteverket (our tax agency) would appreciate the information. ESPECIALLY if the ground work showing it’s a fake person has already been done.

  • bgerardbgerard Member
    edited February 9

    @emgh said:
    edit: I tried to explain civil vs. criminal cases but it differs too much per country to make it worth it. Anyway, if someone here is a UK citizen and quite sure of it being a fake person, I’d report this to the Police or your Tax Agency, or ask both the Police and your Tax Agency if they’re interested. That’s for the fake company sale, not this induvidual sale.

    This sale, it has one victim, a fake sale of a company, that has tax implications etc and therefore it’s not unresonable that the state (police, tax agency, idk the UK) would want to persue it themselves.

    In Sweden at least, I highly suspect Skatteverket (our tax agency) would appreciate the information. ESPECIALLY if the ground work showing it’s a fake person has already been done.

    HMRC handles our taxes in the UK, they might care. The police certainly wouldn't care.

    https://www.gov.uk/report-tax-fraud

    Thanked by 2emgh techdragon
  • emghemgh Member
    edited February 9

    @bgerard said: HMRC handles our taxes in the UK, they might care. The police certainly wouldn't care.

    Yup, I figured. I'm just careful to state such hard facts in countries I don't really know, and the police is usually good at giving directions as to where to report something, but yeah, where I live it would certainly be something that our tax agency would be interested in looking into, as said, it's probably not something they'd pour resources into, but if you have a strong case and have laid out the ground work, they'd probably try to figure out if the person exist or not.

  • ehhthingehhthing Member
    edited February 9

    $5k seems to be worth going to the UK to sue him for :smile:

    In the UK, the loser pays the winners' legal fees (wonder whether they have to pay for travel fees too, I mean they are a type of legal fee!)

    https://www.gov.uk/claiming-money-or-property-from-dissolved-company/restore-company-court-order

    Thanked by 1sasslik
  • jbilohjbiloh Administrator, Veteran
  • yoursunnyyoursunny Member, IPv6 Advocate

    @sillycat said:

    @yoursunny said: according to Discord.

    Aka jannies with too much power who think they are the most important people in the world. Most of those people have no valid reason written for being there, and none of them have proof attached to those claims.

    @PeterP manages the Discord server and wrote those bans.
    I don't know what's their evidence of reasoning.

  • JasonhyperhostJasonhyperhost Member, Patron Provider

    @ImadQadri said:
    Hi LET Community,

    This is my extremely disappointing and frankly, fraudulent experience with Hypere.cloud / Kuxo Limited / Ellis Paul Woollard. In June 2022, I placed an order for 4x Ryzen 9 5950X physical servers at a cost of $5792 USD. 20 months later, it's February 2024, and I am left without the servers nor a refund.

    As soon I had made payment, receipts and invoices were sent promptly via email, confirming my payment. Unfortunately, it quickly went into a series of various delays and excuses. "I was ill," "I'm on vacation," "DPD lost the servers I posted", "I'm in Dubai", etc. A month later after making payment, Ellis claimed "Wise withdrew the funds you paid me, I am now suing Wise for the funds," yet failed to provide any evidence to support this.

    Later on, Ellis claims he sold Kuxo Limited to a "Thomas Broderick" of Saudi Arabia, which he later confirms is a fraudulent individual, and that this situation is no longer his concern.

    As the situation progressed and repeated requests for deliver or refund, Ellis agreed to continue the server build and shipment. However, the pattern of excuses still continued. In July 2023, he even claimed the servers were built and dispatched via DPD, but no tracking information was ever shared. Later, I was told DPD had lost the servers, and compensation was being processed—a claim that also went without updates. False promises and dates, I requested a refund.

    After numerous follow-ups and the request for a refund, the communication from Ellis went from unhelpful to completely non-existent. The last exchange I had with him was as follows:

    "I request my right to a full refund given the hardware was not delivered, nor any proof of any such hardware being built at all."

    "Yeah I won’t be issuing you a refund, you can have the servers I’ll happily get someone to ship them for you... They’re in London with me atm so fairly easy."

    "Why not? I have waited 19 months for the servers to be delivered. I have neither received the hardware, nor a refund."

    "Simply because i have no use for 4 r5000 machines."

    "That is not my concern. I paid you a sum of $5792 USD, and you did not deliver within a very gracious time period... I request my consumer right to a full refund."

    "Not happening." - 05/01/2024 12:56

    Afterwards, despite dozens of attempts to reach out via support tickets, live chats, emails, and PMs on Discord, I've been replied to with complete silence. On live chat, it shows that my message was seen, but met with no response.

    Made the mistake of having faith that he would deliver. Have learnt that it should have been pulled immediately when he started to make the delays and excuses. Well, we live and learn. Hypere's LET account does show "Last Active February 5", so he seems to be active yet choosing to intentionally ignore my messages.

    Ellis, if this message reaches you, I am allowing you to do the right thing and issue my refund immediately. Thank you.

    @ImadQadri

    have you reported this to the police as a crime , quite often if you raise a dispute with your bank they will require a CAD Number from the police to peruse the case

    you can report it here. https://www.met.police.uk/ro/report/ocr/af/how-to-report-a-crime/

  • HypereHypere Member
    edited February 9

    Evening,

    This isn't something we initially intended to publicly respond to, and we won't be answering followup questions as this has been a legal matter on our end for some time.

    In short, when Kuxo was sold, these assets from the purchase were held back. They weren't mine to sell, and as such, we've made numerous offers to deliver these to the owner.

    My offer of delivering this hardware still stands and was made before the creation of this thread, as ultimately there's nothing wrong with me returning hardware to what is effectively its rightful owner. However, my liability stops here, I'm more than happy to put OP in contact with Syaiful, the owner of Kuxo, however in all honesty I doubt these attempts at recovering funds are going to be fruitful.

    In regards to myself actually issuing a refund, I cannot just step into a business which I no longer run and start issuing refunds, I've got no exact knowledge of the current financial position of that entity, and to do so would run afoul of many corporate insolvency laws. I cannot simply start personally assuming liability for corporate creditors, and preferentially issuing payments to ones who kick up a stink.

    I'd also like to comment on this theory of us starting numerous businesses that end up closing down or being known scammers. The only company I currently run is Paravirt Limtied (13424493), which has been established since 2021. TitaniteNode is one of our subsidiaries. I'd also urge anyone to name a specific incident where a Paravirt or Hypere customer has been 'scammed' (that actually bought from Hypere or Paravirt). The only complaint about us that I recall recall is KhanWebHost, which we've provided significant evidence to rebut their claims in a previous thread.

    In conclusion, I'm not refusing liability and I've accepted that Kuxo wasn't run in a professional manner. I've apologised for multiple times for this and have made efforts to make them right, such as here where i've made numerous offers to deliver what was actually paid for. At some point, we've got to look at the fact that this was close to 2 years ago now and i'm still yet to see a recent example of a actual Paravirt or Hypere client being left out of pocket. I'm sorry, but there's got to be a limit to what i can do to make this right. Paravirt and Hypere are not going anywhere. However as per public decision, we will not be posting any more offers on this platform, and are voluntarily ending our presence on LowEndTalk.

    I've been as transparent as possible about our past, whilst I wont be answering followup questions here I'm more than happy to hold a Q&A session or a 'interview style' news article answering questions from LowEndTalk members, @jbiloh knows where to find me if this is of interest.

    If OP wants to accept the offer i originally made a while back, they're more than welcome to contact me at [email protected], and I'll get it dealt with within a reasonable timeframe.

  • jbilohjbiloh Administrator, Veteran

    @Hypere said: In short, when Kuxo was sold, these assets from the purchase were held back.

    If that is the case it sounds like you should have no problem making the user whole. Just do it and move on.

    Thanked by 2techdragon risharde
  • @jbiloh said: If that is the case it sounds like you should have no problem making the user whole. Just do it and move on.

    @Hypere wants to get away with his user not being banned on the platform, please make sure that does not happen. His intention is to not reply anyways.

    Thanked by 2darkimmortal emgh
  • iKeyZiKeyZ Veteran
    edited February 9

    @Hypere said: My offer of delivering this hardware still stands and was made before the creation of this thread, as ultimately there's nothing wrong with me returning hardware to what is effectively its rightful owner.

    There is when it's nearly 2 years later. What a POS.

    Thanked by 2emgh inthecloudblog
  • @Hypere said:
    Evening,

    This isn't something we initially intended to publicly respond to, and we won't be answering followup questions as this has been a legal matter on our end for some time.

    In short, when Kuxo was sold, these assets from the purchase were held back. They weren't mine to sell, and as such, we've made numerous offers to deliver these to the owner.

    My offer of delivering this hardware still stands and was made before the creation of this thread, as ultimately there's nothing wrong with me returning hardware to what is effectively its rightful owner. However, my liability stops here, I'm more than happy to put OP in contact with Syaiful, the owner of Kuxo, however in all honesty I doubt these attempts at recovering funds are going to be fruitful.

    In regards to myself actually issuing a refund, I cannot just step into a business which I no longer run and start issuing refunds, I've got no exact knowledge of the current financial position of that entity, and to do so would run afoul of many corporate insolvency laws. I cannot simply start personally assuming liability for corporate creditors, and preferentially issuing payments to ones who kick up a stink.

    I'd also like to comment on this theory of us starting numerous businesses that end up closing down or being known scammers. The only company I currently run is Paravirt Limtied (13424493), which has been established since 2021. TitaniteNode is one of our subsidiaries. I'd also urge anyone to name a specific incident where a Paravirt or Hypere customer has been 'scammed' (that actually bought from Hypere or Paravirt). The only complaint about us that I recall recall is KhanWebHost, which we've provided significant evidence to rebut their claims in a previous thread.

    In conclusion, I'm not refusing liability and I've accepted that Kuxo wasn't run in a professional manner. I've apologised for multiple times for this and have made efforts to make them right, such as here where i've made numerous offers to deliver what was actually paid for. At some point, we've got to look at the fact that this was close to 2 years ago now and i'm still yet to see a recent example of a actual Paravirt or Hypere client being left out of pocket. I'm sorry, but there's got to be a limit to what i can do to make this right. Paravirt and Hypere are not going anywhere. However as per public decision, we will not be posting any more offers on this platform, and are voluntarily ending our presence on LowEndTalk.

    I've been as transparent as possible about our past, whilst I wont be answering followup questions here I'm more than happy to hold a Q&A session or a 'interview style' news article answering questions from LowEndTalk members, @jbiloh knows where to find me if this is of interest.

    If OP wants to accept the offer i originally made a while back, they're more than welcome to contact me at [email protected], and I'll get it dealt with within a reasonable timeframe.

    @ImadQadri please let us know how this ends.

  • !!! Oh, and don't let go of the lawsuit! Make sure you sue @Hypere !!!

  • edited February 9

    @iKeyZ said:

    @Hypere said: My offer of delivering this hardware still stands and was made before the creation of this thread, as ultimately there's nothing wrong with me returning hardware to what is effectively its rightful owner.

    There is when it's nearly 2 years later. What a POS.

    Imo he should refund the whole amount and then sell the „old“ hardware on eBay or smth by himself, to get a bit of it back, at least…
    The customer hasn’t been the most respectful, but he did indeed pay for services he didn’t receive the whole time.
    Yes, there are many customers who are unreasonable and not the best to talk with (bad mouth), but as a professional one should get used to awkward situations and handle them appropriately. One can always deny customers you don’t want to deal with but not take the the money then deny them of services or try to force an inappropriate compensation onto them.

    From the public perspective that’s unjust and unfair. As a legitimate business one should take „accidents“ into consideration. They do happen then and now, that’s just how the world works. Similar to Cablemod with their 12VHPWR Connector which made them loose millions of dollars x). Fault of NVIDIA for designing such a garbage connector but cablemod is the one who needs to take responsibility. RIP for them.

    Thanked by 2SLMob iKeyZ
  • I hope everyone involved will get fucked by the fullest extend of the law.

  • StrafeStrafe Member
    edited February 9

    I run a game server hosting service and Ellis joined our community Discord looking to buy us out.
    I'm a lurker on LET and thought it was funny since he joined exactly as I was reading this!

    Edit: Big LET noob, my image won't post... I posted it on https://ibb.co/h2YZ67R

  • @Strafe said:
    I run a game server hosting service and Ellis joined looking to buy us out.
    I'm a lurker on LET and thought it was funny since he joined exactly as I was reading this!

    img

    @Hypere should refund @ImadQadri first before buying any other business.

  • IIRC, the way he ended Hypere is similar to how Leifur ended Kubbur. Is this a standard operation for scam, and has been successfully proven?

    Thanked by 1kait
  • mgcAnamgcAna Member, Host Rep

    Wait, what so @Hypere aka Ellis is saying that he sold Kuxo and yet kept those servers with intention to give to @ImadQadri but he never delivered.

    Man, it simply means you never delivered servers to him yet you took payment, Kuxo is sold or not, but he gave money to you, you are responsible.

  • @Hypere said:
    Evening,

    This isn't something we initially intended to publicly respond to, and we won't be answering followup questions as this has been a legal matter on our end for some time.

    In short, when Kuxo was sold, these assets from the purchase were held back. They weren't mine to sell, and as such, we've made numerous offers to deliver these to the owner.

    My offer of delivering this hardware still stands and was made before the creation of this thread, as ultimately there's nothing wrong with me returning hardware to what is effectively its rightful owner. However, my liability stops here, I'm more than happy to put OP in contact with Syaiful, the owner of Kuxo, however in all honesty I doubt these attempts at recovering funds are going to be fruitful.

    So even in your retelling, you sold your company to someone else before making sure that all orders were fulfilled. This is just negligence...

    And I dont think anyone believes you anyway, so this entire thing is moot.

  • techdragontechdragon Member
    edited February 9

    @Maelstrom36 said:
    Disgusting. @Hypere should be banned.

    @neverain said:

    @neverain said: You should sue him, get in contact with a lawyer there could be a way to get your money back or at least have him face some consequences

    I talked with a friend who is a law student, and according to her you have grounds to sue

    Him selling the company doesn't excuse him from his contracts

    if Thomas BRODERICK is a fake person, then ellis would be in much more trouble

    btw i asked chatgpt too and according to it:

    `
    In the UK, the sale of a business doesn't automatically absolve the previous owner of contractual obligations. The new owner may be responsible for fulfilling existing contracts, depending on the terms of the sale and the nature of the contractual obligations.

    If the old owner of the company had a contractual obligation to deliver the servers to you, you may have a legal claim against them for non-performance. However, the situation can become more complex if the business was sold and the contractual obligations were transferred to the new owner as part of the sale agreement.
    `


    its a complicated case and out of LowEndLawyers scope so you should get in contact with a proper lawyer asap (if suing him is worth your time)

    He has formed Limited companies. These are often only good for the amount of paid up share capital which will often be nominal, deliberately. The UK has a great structure for separating personal and corporate liability.

    "Limited liability is afforded to all Limited companies in the UK, and essentially means that shareholders are only legally responsible for the debts of a company up to the value of their shares. Example, the amount already invested in the business"

    You will have no luck chasing a dissolved Limited company in the UK. You can't sue them for what they don't have and as the deal was made by him operating as X LTD, there's no scope for personal liability unless you are to pursue criminal charges. However, the police will not do anything about such a case.

    He has sold his companies deliberately, establishing phoenix companies in the process (which he will eventually be prosecuted for as well as his undeclared and unpaid tax).

    A phoenix business is a company established after the insolvency or dissolution of an unsuccessful business to continue the same or similar work. The business and assets are transferred, but not the debts.

  • janiphonejaniphone Member
    edited February 9

    Don't listen to anyone, sue them! Alt accounts trying to talk you out of it...

  • @Hypere sadly I'm not allowed to doxx.

    I can try if you aren't going to refund in 24H.

  • @Hypere said:
    Evening,

    This isn't something we initially intended to publicly respond to, and we won't be answering followup questions as this has been a legal matter on our end for some time.

    In short, when Kuxo was sold, these assets from the purchase were held back. They weren't mine to sell, and as such, we've made numerous offers to deliver these to the owner.

    My offer of delivering this hardware still stands and was made before the creation of this thread, as ultimately there's nothing wrong with me returning hardware to what is effectively its rightful owner. However, my liability stops here, I'm more than happy to put OP in contact with Syaiful, the owner of Kuxo, however in all honesty I doubt these attempts at recovering funds are going to be fruitful.

    In regards to myself actually issuing a refund, I cannot just step into a business which I no longer run and start issuing refunds, I've got no exact knowledge of the current financial position of that entity, and to do so would run afoul of many corporate insolvency laws. I cannot simply start personally assuming liability for corporate creditors, and preferentially issuing payments to ones who kick up a stink.

    I'd also like to comment on this theory of us starting numerous businesses that end up closing down or being known scammers. The only company I currently run is Paravirt Limtied (13424493), which has been established since 2021. TitaniteNode is one of our subsidiaries. I'd also urge anyone to name a specific incident where a Paravirt or Hypere customer has been 'scammed' (that actually bought from Hypere or Paravirt). The only complaint about us that I recall recall is KhanWebHost, which we've provided significant evidence to rebut their claims in a previous thread.

    In conclusion, I'm not refusing liability and I've accepted that Kuxo wasn't run in a professional manner. I've apologised for multiple times for this and have made efforts to make them right, such as here where i've made numerous offers to deliver what was actually paid for. At some point, we've got to look at the fact that this was close to 2 years ago now and i'm still yet to see a recent example of a actual Paravirt or Hypere client being left out of pocket. I'm sorry, but there's got to be a limit to what i can do to make this right. Paravirt and Hypere are not going anywhere. However as per public decision, we will not be posting any more offers on this platform, and are voluntarily ending our presence on LowEndTalk.

    I've been as transparent as possible about our past, whilst I wont be answering followup questions here I'm more than happy to hold a Q&A session or a 'interview style' news article answering questions from LowEndTalk members, @jbiloh knows where to find me if this is of interest.

    If OP wants to accept the offer i originally made a while back, they're more than welcome to contact me at [email protected], and I'll get it dealt with within a reasonable timeframe.

    did you really just type out a bunch of lies?

    lolol

    Thanked by 1sasslik
  • emghemgh Member

    I will say that he’s extremely manipulative.

    @jbiloh the part about them being done with LET, that’s said to make the ban unnecessary, so that Ellis can ”change his mind” and some back to post offers.

    If he was meaning to go, there wouldn’t be any need to announce said fact. He already said he wasn’t going to reply to comments.

  • JasonhyperhostJasonhyperhost Member, Patron Provider

    @cybertech said:

    @Hypere said:
    Evening,

    This isn't something we initially intended to publicly respond to, and we won't be answering followup questions as this has been a legal matter on our end for some time.

    In short, when Kuxo was sold, these assets from the purchase were held back. They weren't mine to sell, and as such, we've made numerous offers to deliver these to the owner.

    My offer of delivering this hardware still stands and was made before the creation of this thread, as ultimately there's nothing wrong with me returning hardware to what is effectively its rightful owner. However, my liability stops here, I'm more than happy to put OP in contact with Syaiful, the owner of Kuxo, however in all honesty I doubt these attempts at recovering funds are going to be fruitful.

    In regards to myself actually issuing a refund, I cannot just step into a business which I no longer run and start issuing refunds, I've got no exact knowledge of the current financial position of that entity, and to do so would run afoul of many corporate insolvency laws. I cannot simply start personally assuming liability for corporate creditors, and preferentially issuing payments to ones who kick up a stink.

    I'd also like to comment on this theory of us starting numerous businesses that end up closing down or being known scammers. The only company I currently run is Paravirt Limtied (13424493), which has been established since 2021. TitaniteNode is one of our subsidiaries. I'd also urge anyone to name a specific incident where a Paravirt or Hypere customer has been 'scammed' (that actually bought from Hypere or Paravirt). The only complaint about us that I recall recall is KhanWebHost, which we've provided significant evidence to rebut their claims in a previous thread.

    In conclusion, I'm not refusing liability and I've accepted that Kuxo wasn't run in a professional manner. I've apologised for multiple times for this and have made efforts to make them right, such as here where i've made numerous offers to deliver what was actually paid for. At some point, we've got to look at the fact that this was close to 2 years ago now and i'm still yet to see a recent example of a actual Paravirt or Hypere client being left out of pocket. I'm sorry, but there's got to be a limit to what i can do to make this right. Paravirt and Hypere are not going anywhere. However as per public decision, we will not be posting any more offers on this platform, and are voluntarily ending our presence on LowEndTalk.

    I've been as transparent as possible about our past, whilst I wont be answering followup questions here I'm more than happy to hold a Q&A session or a 'interview style' news article answering questions from LowEndTalk members, @jbiloh knows where to find me if this is of interest.

    If OP wants to accept the offer i originally made a while back, they're more than welcome to contact me at [email protected], and I'll get it dealt with within a reasonable timeframe.

    did you really just type out a bunch of lies?

    lolol

    @cybertech that sounds very much like chat GPT

  • @Hypere is still a host rep and not banned. It's almost $6000 in this topic alone, when will it be enough?

    Thanked by 1sasslik
  • @Jasonhyperhost said:
    @cybertech that sounds very much like chat GPT

  • risharderisharde Patron Provider, Veteran

    And this guy continues to create companies. I have to try to remember not to work up myself over this stuff.

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