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Retro Computers Ltd – By Paul Andrews and Chris Smith

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Sadly we have been forced once more to issue an immediate statement with regards to the company we founded but resigned from on the 8th of April 2016. To confirm we still remain joint 50% shareholders of Retro Computers Ltd.

Once again we have to draw people’s attention to the fact we left the company before any of the money from the Indiegogo crowd funding campaign for the ZX Vega Plus console was received by the company.

We have issued this statement as it has been drawn to our attention in both documented and verbal evidence that the current directors and employees of RCL (Mr David Levy, Ms Susanne Louise Martin, Mr Janko Mrsic-Flogel, and Mr Lee Fogarty) have been spreading lies and disinformation about us. This includes false allegations as to (non-existent) unaccounted funds, missing stock and also claims of fraud, allegedly prior to our resignations from RCL. This misinformation has been given to multiple people and companies, including employers, business contacts, and online social media outlets and so on, in what appears to be some sort of smear campaign, to what ends we do not know.  For clarity RCL have been unable to actually identify any such unaccounted for funds or missing stock: all stock was held in high security and tracked storage facilities of a major distribution company which we had no physical access to and no stock was authorised to be sent (under our watch) to anyone but company approved retail agents.

On a personal note we wish to make it very clear that had we known of the past business records or interconnections of the current directors of RCL neither Paul Andrews nor Chris Smith would have become involved with them at all. We also wish to be clear that prior to our departure Mr Janko Mrsic-Flogel was not involved with the company in any way and Ms Suzanne Louise Martin had been no more than a part-time contractor PR consultant, not an employee or director. We also wish it to be known that they were appointed as directors of RCL without our consent and in breach of the Shareholders Agreement by Mr David Levy and that neither of those parties own any shares of RCL.

We can also confirm that there are (to our knowledge) two current High Court actions on-going which are due to be heard in early 2017. Neither of these actions are against Paul Andrews or Chris Smith, they are:

  • An action bought against Cornerstone Media Int Ltd (this is the company and not its directors) by RCL. This action is bought on the basis of RCL alleging that Cornerstone is withholding some original ZX Vega console sales funds from RCL. Cornerstone has confirmed that some funds were withheld due to the fact of the on-going dispute over ownership of the ZX Vega IP, as allowed for in its sales agreement with RCL. Cornerstone, we are informed, is further defending this action due to RCL’s then alleged breach of said contract (6 months into a 2 year contract). Cornerstone is defending this action in the high court, and has confirmed to us that it has full documentary evidence in the matter and is confident of its position. This ligation does not involve Paul Andrews or Chris Smith and is not supported or approved by us either, as required under the terms of the shareholders agreement and this fact has been made clear to RCL via our legal representatives.
  • We can confirm that Paul Andrews and Chris Smith have brought High Court Proceedings against Retro Computers Ltd, as well as its directors: Mr David Levy, Ms Susanne Louise Martin, and Mr Janko Mrsic-Flogel for an injunction to stop them unlawfully declaring the shares held in RCL by Paul Andrews as forfeit and trying to take them for themselves. We currently have an interim injunction in place and the matter will come back before the courts at some point in the New Year. Retro Computers Ltd, Mr David Levy, Ms Susanne Louise Martin, Mr Janko Mrsic-Flogel have yet to provide (via their new legal representatives who were instructed in place of their previous solicitors immediately we commenced the injunction proceedings) any justification for their unlawful actions.

We continue to be increasingly worried by the constant and on-going issues within RCL including those with its backers of the ZX Vega Plus console. For clarity we have to confirm RCL has refused to provide any documents, financial or otherwise, nor any production details to us since the 8th of April 2016. Specific issues that concern us are –

(a) Continuing delays in delivery dates, and broken promises to backers without reasonable or credible reasons.

(b) The intense secrecy surrounding the production and development of the ZX Vega plus console, and the absolute refusal of RCL to provide hard evidence of large scale production of said console.  RCL even confirmed on Indiegogo this past weekend that they did not have a ‘working device till late October/early November’ which was weeks after the “launch event” which we were denied access to even though requested through our legal representatives. Examples of this refusal to supply hard evidence includes: no footage of full console power-up/menus/and game selection; No PEGI rating has been applied for and no packaging shown, even though backers have repeatedly been promised pre-Xmas delivery: The manufacturers also refuse to comment on whether or not full production has even been scheduled.

(c) Failure to pay game royalties from the sales of the original ZX Vega console (other than small fractions of what was contractually agreed with games rights owners) to charities and/or some games rights owners.

(d) The consequent withdrawal by many of those games rights owners of use of their games further in the ZX Vega console, and the proposed ZX Vega Plus console.

(e) The on-going refusal of RCL to pay sums owed to Paul Andrews and Chris Smith (and or their companies) for prior work carried out (In excess of £80,000) even though parallel claims by Mr David Levy were paid out within weeks of our departure. The payment of these sums are refused by RCL on the basis that they counter-claim double that amount back for non-existent and false reasons. These sums will be recovered via the courts in due course by ourselves.  We have held back so as not to be accused of adversely affecting the ability of RCL to deliver the Vega+ to the backers.  We are also concerned as to the status of other large debts we were aware of prior to our departure.  RCL has once again refused to divulge any information to us as to the status of those debts, which should have been paid.

(f) The on-going breaches of the shareholders agreement by Mr David Levy who has acted without our legally required permission and consent with regards to appointing directors to RCL and entering into external contracts, with the result that all such appointments and contracts are invalid.

Finally we once again wish to make it absolutely clear (no matter what may happen) to all; backers, the media and the general public that we have had no involvement (other than having spent many tens of thousands of pounds of our own money defending constant spurious semi-legal nonsense with RCL since we left) with the running of the company since the 8th of April 2016 and it has been solely in the control of Mr David Levy, Ms Susanne Louise Martin, and Mr Janko Mrsic-Flogel. Our abovementioned concerns and complaints in those matters and more have been passed onto multiple authorities and continue to be passed on.

We have no doubt that RCL will put out a counter-statement denying all content in this statement. On that basis we would like to draw people’s attention to the fact that: the last time this situation arose a media statement by Mr David Levy stating and implying that legal action was being taken against the two of us was investigated by the BBC who carried out their own independent investigation into the merits of his claim and subsequently deleted the relevant portion of his statement, confirming to us that they had done so.

To clarify one further issue which keeps arising, the offices that RCL were registered at prior to our departure have always been the offices of a company owned by Paul Andrews and not RCL who simply used the address for convenience. We do not know the physical location (if any) of the current RCL office, only its registered office (that of its current accountants we believe), therefore all enquiries should be directed to RCL via their web site.

We retain copies of all bank statements prior to our departure (as well as partial ones of the month after we left), and various other appropriate documentation which includes thousands of emails in support of our positions, which have always been above board.  Should further lies and misinformation continue to be released by the above named parties we will immediately release those documents into the public domain to counter said misinformation.

We will not (unless absolutely necessary) issue further statements until after the court hearings in early 2017.

 

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