No - that depends entirely on how the company's assets and liabilities are transferred or not between entities - nothing to do with names.

There is nothing to suggest yet the company has changed legal entities at all. In fact, we have the financial filings that show they are the SAME company - as they promoted the new investors as officers of the company and removed Andrew. If they changed again after that... they would have transferred all the assets to the new business.

successors take the position of the former generally unless there are terms written to exclude transfers, etc.

I see now in the heighway rebirth thread - the new owner's advocate refers to the company as Heighway Pinball Ltd. This would indeed be different than any similar reading companies that are LLC's. Likely the new owners will have acquired (absorbed) Heighway Pinball LLC anyways. That would include transferring of existing licenses, subcontracts and purchase orders for example. Makes sense Ferret would still be under contract then.

He's actually with the Shallow State. And if you're looking for the Alex Jones Conspiracy Hour thread, it's two doors down.

I don't get it, guys.

- The new owners have to be much more afraid of losing Ferret at this point and moment in time than vice versa.
- If Ferret would be an ass he would renegotiate right now for better terms. But he is a top notch guy who stayed on board during the bad Andrew times, and why? Because his payment is part to fuel his income, but definitely part to fuel his passion for pinball. Hence he will stay on board now that everything looks to get better after all the pain.

So, ease off, you guys are baking up the wrong tree.

After all these years it is almost as if some of you here on the forum hate the idea of having people participate on Pinside that create what we all love. As if you feel threatened be these gods walking amongst mere mortals....

Pinsiders think they know every single thing aboot every single thing?

I am in this boat, I have one of the early LEs and was told I need to make full payment a long time back cause my game was going to be shipping soon and so I did. I will put blame on myself sitting around like an idiot for months after thinking the delays were all warranted and it would come eventually. Fast forward to now, I am paid in full, just getting same generic answers from them as everyone else and hoping they figure their shit out and actually do ship my game eventually. I am waiting for dispute with my bank but I think too much time passed and might not be able to get that refunded now.

that sucks man! sorry you are having to deal with this.

FWIW, Cointaker (Whom I do indeed trust) has mentioned that I will receive Aliens by 1st week of July. I was out before I contacted Melissa. She assured me that it'll be at my door at that time. Heighway or whomever is in charge now, should really give credit to Cointaker as they've talked many potential refunders from the edge. Let's see what happens come July....

FWIW, my contract (from 18 months ago) is with Heighway Pinball Ltd. I have no idea if that's a separate entity from Heighway Pinball LLC ... IANAL.

^^^^with all due respect, i paid for my alien pinball in full after i received an email requesting payment for my pin as part of the agreement that it would be shipped only after it was paid in full. andrew, imho, sent these emails out knowing that the pins were never ready to be shipped. we dont know what was done with this money or what happened but dont anybody EVER say to me i was at fault for sending them money.

Relax for a couple more weeks maybe a month, lets see what happens here, I understand and yeah Andrew had no business asking for money but in his deluded state maybe he thought he could work it out, well he was wrong and hes finished.

i am really not stressed out over this as i believe they are gonna right the ship.
i always thought if i get the alien pin by the end of the year thats what i expected anyway, i know these things take time.

That's like a little over a week away...in order to get the pin shipped overseas and get it to your door by the first week of July I'd say it would have to be completed by the middle of next week...so either the production line is up and running, which didn't sound like that was the case yet...or they had completed pins which hadn't shipped yet, which again didn't sound like that was the case. It'll be interesting to see if it does show up the first week of July. I hope it does but I might be a little skeptical of what the distributor is saying.

Yeah that doesn't sound right does it, first week of July? I could see Aug or we are in for one hell of an announcement next week, I'd be happy either way.

I agree with you 100%. I was/am still a *bit* skeptical over this, buy I must say, to date, Cointaker has been very straight with me so I'd see no reason for them to start BS-ing now. Again, let's see what happens in July.

it's not cointaker BSing you I would be worried aboot, of course they're straight shooters.
Hope you get it.

I think you read right over this part of my post?

"We all need to also keep in mind that ANYONE that paid even a penny over the 1k deposit needs (on their own and so long as not lied to about game being ready to ship)..."

Yes I don't get it. I'm in for a LE and paid just the $1,500 deposit. But I don't see why anyone would pay above that on their own?

I saw in one of these threads that some were contacted for final payment since shipping was imminent. Probably back when machines were said to be shipping in April/May.

There were others who paid more or paid in full to be at the front of the line. The way Andrew structured the ordering, the more you paid, the farther up the line you went. I believe those were the folks he is referring to. There were others that were asked to pay because their games were supposedly shipping, and there were many that jumped in late when a couple of games hit the street and they saw the deadflip video and were also told production lines were up and games were going out the door.

I had an extra 10K and it would have gone fast with my nocturnal activities so better to invest in a dream theme pinball, still after Predator and this I'm done for pre-ordering.

I see. I suppose to each their own, but my personal thinking is that the potential benefit of getting your game earlier isn't worth the risk of having more money to lose. Additionally I'd prefer to get a later pin that has had kinks worked out.

No offense but the contradiction I see here is that you have an opportunity, right now, to seek a refund.

I think it was ForceFlow that astutely pointed out regarding pinball recent history, how many times have people gotten an offer for a second chance?

I did and spoke to the investors decided to wait for a while, I don't believe the "they are holding out to buy time to steal all the money" crappola (I'm quoting myself there) plus if that's the case I'm not getting it from them anyway. Its been 2 and half years so for me another month isn't going to matter much. If I lose it then I lose it.

i would never do such a thing. i would wait for later games especially with early model issues.

exactly what happened to me. we are shipping games and asking for payment in full.

Totally agree, but there were several folks that wanted the first ones off the line. Of course Andrew was promising they would be updated if any new parts came out, etc. I can see how folks got caught up in the hype, and he tried his best to talk me into paying in full, but I only did the min deposit. Sadly, I will never even do a deposit again...doesn't matter who the manufacturer is. The only way that practice will go away is for us to stop handing over the money.

I never said you did .....lol If you had used the full quote, I just laid out the various groups of folks Andrew was drawing from..

not directing anything to you, just that andrew tried every trick in the book to get people to buy including the front of the line which i would have passed on.

made u look

No I didn't..........

1453910564398 (resized).jpg

Still nothing to look at!
How's that factory in wales doing?
End of the day there, anything get accomplished today?

Seems real quiet from the investors. You would think they would have update on the factory & employee's. Anything going down the line, or still in limbo land until the Fall.

Investor deposits should have cleared the bank, any deposits returned yet? Awaiting announcement of the team and their roles. I want to know who's in charge of engineering to ask whether each design issue has been resolved. If new team Project Manager claims there are none, it suggests they still don't have a handle on their product. If they come clean and offer plans to attack the issues, they will earn some credibility.

There probably regretting there invest day after
day. I dont mean to be a debbie downer, i really want this to succeed for all involved.

I believe they said they would only provide updates on Facebook and their website.

Website looks the same as it has for past three months. Owners group also promised they would be calling customers and start reaching out by now. Anybody received a call from Heighway-New yet?

So they have promised to call customers directly and provide info via Facebook and website and three weeks after the announcement there is nothing. Silence isn't always a good policy unless you are trying to disappear, in which case it is recommended.

I rec'd this unsolicited email from them today if it helps any...

Hi *****,
Your order is safe with us and we are aware of the details of your order. We are hard at work here to make sure we can get out as many machines to as many customers as quickly as possible. The progress of the production has been slowed by the difficulties that we have faced and the transition period that we have undergone in the change of ownership/management. We are on course now to really ramp up production so we can meet our stated goals of as many machines as we can as soon as we can. As we have more parts in we will be able to produce more machines at a faster rate.

We will be featuring more updates on the production as it progresses both in terms of text updates and other forms of media such as our YouTube channel. We have been sending out an update for the past few weeks via email, you should have received these updates as you are on the email list. If you have not received these updates please let me know and I will make sure you that you receive them in the future. They could be in your spam folder perhaps.

In regards to the updates please find the latest update text below. Thank you again for your time and I hope to hear from you again soon.

Asked for an update Monday, and received response on Tuesday. They stated many parts were ordered to facilitate building machines. They would update when line was rolling, and insisted they were committed to getting these machines built and delivered ( well, there went my self imposed ban from this thread for awhile).

Figured some might like to know they are communicating directly to their customers....just email them.

I emailed Roger on Monday responded Tuesday, same thing stated things are moving along, only words I know but at least it hasn't gone silent, where are all the refunders, any progress?

Emails only going out to people that have ordered.
Emails regarding refunds continue to be ignored.

Do we have a " Pinside count" of unanswered refund requests ( general) ...10, 20, more? Just curious. I did a quick search and found around 10 or so ( some fully paid, some w just deposits, who typically will bail on a game when close to production starts on any pin).

Do we have verified vendors that haven't been paid for goods delivered?

Just trying to get an idea of how much money is actually owed, which new investors will need to make whole....

I can't get wrapped around a huge #, but could easily be wrong. If they've truly ordered substantial parts, then machines can go out, generating cash for a variety of needs.....it's not a stretch that these things will be coming....market is there

Last I heard with regard my deposit refund was 5th may " up to 60 days " .Subsequent emails have been ignored
My card issuer have been in touch. They will start the chargeback process next Tuesday when the advised 60 day elapses. Ironically they informed me this process may take 60 days to clear but will show up immediately on my card as pending . Can't fault them

in addition to......

We are hard at work here to make sure all those that have requested refunds receive them as quickly as possible.

After multiple requests and getting the same "hurry up and wait, we promise we are working on getting you a refund" response, I filed a Paypal claim for the $1500 deposit. I still have my $800 out in limbo that I wire transferred for the back box display and the "PDI" glass. Paypal got back to me in about a week and said they decided in my favor on the claim and are giving me my $1500 back. I was tired of waiting for Heighway so I did what I had to do to get my money back! In case anyone is wondering, I put my deposit down on March 11th, so it hasn't been too long. I'm still going to bug Heighway for my $800, but I'm not as confident that I will be able to get that back. Still going to try, but just not as confident...

Brian

With that attitude why would they refund your $800. It's your money and you deserve it back if you want it, get confident.

The investors will hopefully get their shit together in the next couple of weeks and start refunds, that should be the most important thing on the to do list, i know they are hoping a reveal of progress will cause many refunders to stay in on this pin but I doubt that will work, there should be an update tomorrow lets hope its good news.