MyDV and the Lawyers

Well, well, well, it seems that MyDV have been getting their lawyers out again. This time the object of their ire is the Internet forum, Matrixwatch. They are requiring a cease and desist of the discussions related to MyDV and want the relevant forum removed from the website on the grounds of defamation. Clearly freedom of speech is not something these people respect.

Now, this forum was one of those I browsed during my excursions on the net when seeking more information on the activities of MyDV. While some of the comments are a bit on the animated side – as is understandable if you have just handed over a three-figure sum for a product that will, in all probability not arrive and if it does, will not have a UK warranty or plug – some animation is understandable. Yet, while animated, none of the discussion could be regarded as defamation by any stretch of the imagination. The truth is not defamation.

Indeed those people who have received goods have found that all is still not well. One correspondent of mine; Louise; had this to say:

“MyDV have sent me an import. This meant very little to me until the nice man explained it further. It means I cannot play the movies on the PSP, no warrenty, and even some games bought in the UK wont work. “

Great. So, not only do they charge illegally for commission and currency fluctuation, not only are they unable to give accurate delivery information – if you do get the goods, they are useless for the purpose described. Pointing this out is nothing more than stating the facts. I repeat; this is not defamation.

Peter Hoare responds to MyDV’s solicitors’ request for a cease and desist with a wonderful letter on behalf of Martixwatch that points out what should be blindingly obvious to any solicitor anyway:

“In any event, you will know that for a claim of defamation to succeed in the courts, proof needs to be established that those accused of the defamatory acts did so knowingly and purposefully, and out of a sense of malice or vindictiveness.”

Solicitors will write pretty much what they have been paid by their client to write, so I take what they say with a pinch of salt most of the time. Having been the recipient of solicitors’ letters over the years, I have come to realise that the bully boys in this world are quick to use them in an attempt to intimidate – and solicitors are more than happy to go along with it. I learned very early on that the only way to deal with bullies is to stand up to them. Again, I repeat; pointing out the truth is neither vindictive nor defamation and it certainly cannot damage a reputation already trashed by the trading practices of the company in question. If MyDV feels that its reputation has been tarnished, then it should not be looking to its unhappy customers for redress – it should be thinking carefully about its own part in this.

There was an opportunity here to put right a wrong. Unfortunately, MyDV prefers to indulge in bullying tactics in an attempt to suppress peoples’ freedom of speech. Of course, it goes without saying that this behaviour speaks volumes about the ethics of this company.

If you want to discuss this further, I’ve got a forum of my own over at Rogue Trader Watch.


17/12/05 – I received the missing £5.63 in my account. This was achieved through a charge-back from my card company to the merchant. This means that I have now recovered every penny paid to MyDV.

13 Comments

  1. Whatever happened to customer service? I certainly hope that MyDV don’t think that they are going to win a defamation case. If anything, I hope that it goes to trial, the customers countersue, and THEY collect from MyDV! Maybe that’d make MyDV reconsider its policies…

  2. Hi, Read your info re MyDV, unfortunately too late for me.

    However, once I realised I had probably been ripped off for a PSP ordered for Xmas, I took the step of cancelling my order and asking for a full refund – including the £6 over the cost that they took from my account. Guess what, they didn’t refund the money and I didn’t get the PSP – so had to go to Argos and buy another one to ensure that my grandson got his Xmas gift.

    I also sent a message through the live chat on 20 Dec, through the MyDV website, reminding them that I had cancelled the order and expected a full refund.

    Today I phoned my credit card – again, and because of the 30 days period was up (as of 24.12) they have agreed to credit my account and persue the money from MyDV.

    Well guess what, DHL have just this minute tried to deliver a parcel from USA – obviously from MyDV. I Refused to accept delivery. It would appear that MyDV despatched the goods on 23.12 – well after my message to them reminding them that I had cancelled the order.
    Only now I am worried that I will now lose both my refund and the PSP – does anyone have any advice.

    ”’Longrider replies: In all probability, the money is back in your account. Your refund should be safe – MyDV failed to supply the goods within 30 days, so the card company was correct to refund you.”’

  3. I hope you’re right – the money should show on my account tomorrow as it will go in overnight. I’m just worried that when they find out that MyDV actually posted the item but I refused acceptance then Visa will take the money off me again! Perhaps I should phone them tomorrow to let them know what I have done.

  4. i almost had a ruined christmas that i had ordered a great valued psp its look safe but to my suprise they had no devilery time which was bad and would most possably not turn up for christmas and we could only apply for a refund on the 28th of december now that i have learened this mestake of dealing with this company but with all of these site i’m very suprised they are still in business well i should get a full refund from the help of egg and soon a psp in a few weeks

  5. Surprise, surprise, ordered a camera from mydv for a christmas present and todate have still not received it (4.1.06). I received an email from them on 22/12/05 to say it was being despatched but thats as far as its goes. My credit card are in the process of recovering the monies as i had to go out and buy another camera in time for christmas. I did try to cancel the order by email but mydv insist only phone cancellations can be made, unfortunately they appear to have a telephone system that does not allow to get through on any of their numbers. I would advise anybody please do not give this company your business under any circumstances, they will cause you nothing but stress.

  6. Also ordered camera as Xmas gift (and overcharged) but not received at time indicated. Have cancelled well before Xmas but still waiting refund 5.1.06).Have actually managed to speak to persons on occasion on their overseas(posing as UK) telephone line – usually very polite (as I perceive con artists to be). Have continually told them what I think of them by e-mail and on the phone to placate myself being ripped off. Still wating in hope of a refund but next step will be to try via credit card co. Have a look at the mydv-rip off site dedicated to denigrating the company -seems like some action being taken against this co. that unfortunately brings this industry into disrepute. We can only advise others not to make same mistake with this and hope all associated eventually get what they deserve.

  7. My heart sank when i began to suspect all was not right with the mydv company.i did a search on google to find out more about the company after non recievance of a mini ipod.I was horrifed to find out there were lots of forums and one site in particular dedicated to showing off the fraudulent activities od mydv the uks no 1 internet electronics compay apparently!This was more horrifying as i was asked my future parent in laws to find a good deal on the internet for a mini ipod as my future sister in law wanted one for xmas and it was now my responsibilty to find one.She wanted a pink mini ipod and the mydv site was the only ones selling them i could find, so i rang up the mother in law and got her to order(thankfully by credit card) the ipod. After promise after promise and rude customer service staff of delivery waiting in total 20 days we cancelled the order today with promise of a refund with 7-10 days. it was then that i did a bit of research and found out the truth about them. I now doubt that my fiancee mum will get the refund but from reading other blogs i understand her credit card will refund her the money if it does not come back into her account. do you know what the procedure is with the credit card companies are in this matter and how we go about getting the money back? i now have to explain to my future mother in law that the company are a sham – also any hints of more places i can slander there name as they are a disgrace of a company, the lowest form of scum! please respond as i really need the advice.

    ”’Longrider replies: The prognosis for getting your money back is reasonably good – certainly others have, including myself. As you have cancelled the order, expect it to take about two weeks. Check to see that you get a full refund. If not, ask your credit card company to charge back any shortfall. All you have to do is write to them”’

    ”'[http://www.rogue-trader-watch.co.uk/ Rogue Trader Watch]”’

  8. Further to MyDV rip offs, they also rip you off by NOT paying VAT. So upon receipt you have to pay import duty, vat and a handling charge for the customs handling fee. Then you open a useless box (as it’s a month too late and they wouldn’t accept a cancellation and the thing is a Far East import with a 110 two pin plug, no games etc . etc. ) They are the worst company I’ve dealt with other than simply being beaten up and robbed. How can this be legal? We need a smart lawyer with knowledge of European law to stop them trading or at least carry a health warning.

    ”’Longrider replies: Ah, yes, VAT. I wondered when someone would get caught by that one. The attorney General in Massachusetts is on their case. At present, all NEPCO sites are down.”’

    ”'[http://www.rogue-trader-watch.co.uk/ Rogue Trader Watch]”’

  9. To the victims of NEPCO:

    NEPCO’s websites are now closed. You can read more about this here:

    [http://www.matrixwatch.org/forums/showthread.php?t=3652]

    The closure can be attributed to the reports from 100’s of victims of NEPCO, all of which are members of the Matrixwatch NEPCO Victim Register. If you are a customer of any of NEPCO’s websites, please visit the following link for information about how you can become a member the victim registry.

    [http://www.matrixwatch.org/forums/showthread.php?t=3508]

    -Merc

    To Longrider: Thanks so much for your help in publishing information in relation to NEPCO. Your site appears high on Google searches, so it is a great medium for getting in contact with NEPCO victims. Let’s continue to work together to make sure justice is served!

    ”’Longrider replies: Anytime.”’

    ”'[http://www.rogue-trader-watch.co.uk/ Rogue Trader Watch]”’

  10. the PSP that i ordered did arrive before xmas although they over charged by £12, I am not so bothered about that amount of cash, but more bothered about the PSP being “for sale in Japan only” and not being able to register it with sony.I have spoke to sony and they basically shrugged their shoulders and said you have been sold an import, is there nothing we can do?

    ”’Longrider replies: Unfortunately, international warranties tend to rely on you buying in the country for which the goods are intended. The only way you could claim on such a warranty would be through the seller – and here you have a problem. Manufacturers do not like grey imports and will not help you.”’

    ”'[http://www.rogue-trader-watch.co.uk/ Rogue Trader Watch]”’

  11. I ordered a camera from mydv. when I heard nothing from them following placing the order (and stumbled across the myriad of advice against buying from them), I tried chasing them. I tried to cancel my order by email and on the “chat” but again heard nothing. Their live “chat” service is answered by people who promised callbacks (3) and deliveries (2) but nothing ever happened. I have just spoken to my credit card company on the 30th day who have told me that they will initiate the refund – However, if mydv.co.uk contest this and can prove that the order had been cancelled (i.e. a request to cancel had been made), then the credit card company, in accordance with visa t’s and c’s, will have to clawback the refund. Does this sound right and how many people would something like this affect?

  12. its crazy to see just how big this Mydv thing seems to be and how many people it seems to have affected! well im also one of the people it did.

    heres my story…
    I ordered a camera from mydv on dec 1st, and after not recieving it i phoned to cancel my order on dec 9th as i wanted the camera before i went away on holiday. the guy on the phone was very aggresive and told me to hold on as it would be arriving the next day. and of course it didnt.

    so i was back on the phone on 13th of dec and managed to cancel my order. I was told a refund would take 7-10 days.

    at this point I thought “this company seems a bit shifty” so i logged on to the online chats and asked them if my order was cancelled, if i would get a full refund – including the over charge from the exchange rate, and when i would get my refund. – i recorded and saved these chats so i had them on file, just incase they tried to screw me.

    anyway, i went on holiday and returned on 5th jan. I still hadent recieved a refund, but had recieved an email from NEPINE on the 4th of jan saying my order has been cancelled and my money will be refunded into my account shortly.

    At this point i found the mydv web page to be closed down, so was starting to get really worried..i phoned an old number i had saved on my phone for mydv..to which i got an answer.

    I explained i was still waiting for my refund, and was told it would be in my account before 15th jan. that time has passed and still no refund.

    any phone numbers i have for them are no longer in use, and i never get replies from email, and they can no longer be reached via online chats.

    I dont know what to do next? should i wait any longer? do i get in touch with my bank to try get my money back?

    any advice would be a great help!

    ”’Longrider replies; There are two things you can do. Firstly, contact your credit card company and advise them that Nepco has ceased trading. While their bank account has not been frozen by the US authorities, your card company can draw a refund directly from MyDV’s bank account and they should be aware of this.”’

    ”’Secondly, go to the [http://www.matrixwatch.org/ Matrixwatch] site and register on their victims register as they are bringing a joint action to get refunds for people in your position.”’

    ”'[http://www.rogue-trader-watch.co.uk/ Rogue Trader Watch]”’

  13. Hi,

    Unfortuantely I paid for an ipo using my Barcalys debit card, who told me that I cannot file a dispute until after 60 days after the date of cancellation. I also reported to them that it may be possible for me to retrieve my money as mydvs account has not yet been frozen, but the staff are unfamiliar with this situation. In addition, I reported that it is impossible to contact them. Any advice would be great. Please reply and thank you very much.

    ”’Longrider replies: I would expect Barclays to realise what they can do. You might try their head office rather than your branch. When doing so, point them to the [http://www.ago.state.ma.us/sp.cfm?pageid=986&id=1549/ Attorney General’s action] against the owners of MyDV; Nepco. Also, I strongly recommend your register with the victim register over at [http://www.matrixwatch.org/ Matrixwatch]”’

    ”'[http://www.rogue-trader-watch.co.uk/ Rogue Trader Watch]”’

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