Letter before small claims court claim
<Redacted>
<Redacted>
<Redacted>
<Redacted>
Prodos Games Ltd
Unit 1 Victoria Business Centre,
Neilston Street,
Leamington Spa,
Warwickshire, CV31 2AZ
23rd November 2015
Dear Sir/ Madam
Reference: Aliens vs Predator Kickstarter Non-Delivery
Due to Prodos Games Ltd’s failure to deliver the goods ordered via the Kickstarter project and subsequent extra purchases via the Pledge Manager, and the company’s repeated refusal to issue refunds, it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
In November 2013, Prodos Games Ltd (hereafter “Prodos” or “the Company”) ran a funding campaign via the Kickstarter website (https://www.kickstarter.com/projects/513277403/alien-vs-predator-the-miniatures-game) to raise funding to develop and produce a board game and range of miniatures set in the Aliens vs Predator IP universe. I (Richard Davies – also using the online name of richred_uk) pledged £155.00 to support this project, in return for which I would be sent various products to be produced by Prodos. Payment of this amount was debited to my credit card on 29th November 2013 via Amazon payments/ the Kickstarter platform, to be forwarded to Prodos less relevant fees. A further payment of £28.00 to pay for extra purchases of goods made via the “Pledge Manager” process was made by Paypal on 3rd May 2014. The total that I have spent is therefore £183.00.
Prodos have not delivered any part of the physical goods that I contracted to receive in exchange for these payments to me at the date of this letter. Prodos have repeatedly communicated via their corporate Facebook pages (https://www.facebook.com/groups/829340957162333/&https://www.facebook.com/Alien-vs-Predator-The-Miniatures-Game-1430433530510297/?ref=br_rs ) that they will not issue refunds to backers of the project.
The initial game was produced and sent to general retail release (available to purchase from Prodos directly and via various retail partners) at the end of June 2015. Further additional products have also been released to public retail as of the 5th November 2015 and a further selection of products has been announced for release on the 5th December 2015.
The company has made numerous statements that have proved to be false in terms of the delivery of the products, and have stated publicly that they used funds raised on the Aliens vs Predator project to deliver on outstanding goods from a previous project.
It is my position that the ongoing delay for Prodos to deliver my goods, the use of funds on an unrelated project and numerous false statements have put Prodos in breach of their contract with me.
From you I am claiming £183.00 plus any court fees, expenses or collection fees associated with this action. I do not intend to claim interest from the dates of my payments until now, but will apply for statutory interest from the date of judgement on any awards. I have calculated this sum as the total of the payments I have made to Prodos Games as detailed above.
Listed below are the documents on which I intend to rely in my claim against you:
E-mail communications receipting the payments made
Screenshots of Prodos’ “Pledge Manager” ordering system, detailing my purchases
Screenshots of online communications made by employees of Prodos Games Ltd
Screenshots of various retail websites listing the goods for retail
In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
Records of my orders from Prodos Games for these goods
Records of any attempts to deliver these goods to me
Detailed Project records showing how monies from the funding campaign have been spent
A documented list of deliveries received Kickstarter backers by territory against a list of those outstanding in order to establish whether good faith efforts are being made by the company to fulfil outstanding obligations
Evidence that the outstanding obligations to Kickstarter backers are properly reflected in the company accounts
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you by the 14th December 2015.
Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.
This letter has also been mailed to: Prodos Games Ltd, Warwick Business Centre, Hawkes Drive, Warwick, CV34 6LX – showing as the company’s registered address.
Yours faithfully,

Richard Davies