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Tom’s Hardware Article False and Fraudulent

Posted on December 26, 2009

The Tuan Nguyen incident has been nothing more than internet fraud and deception notwithstanding the continuing attacks by Tom's Hardware and Nguyen on the Mac Community.

The customer incident as described by Nguyen is false in its entirety and we cite the following facts;

  • MacPadd has been a product offering for 1 year with one BBB complaint (lost shipment by postal system) (except or Nguyen whose complaint was invalidated)
  • MacPadd or QMS Inc has a B+ rating from the BBB (see link on our home page)
  • MacPadd has never been contact by Police or FBI for possible fraud activities as Nguyen would have you believe
  • The “rip-off” website information was brought to our attention for the first time  and each issue as identified therein was addressed directly.
  • MacPadd does not make false claims (Lysol (tm) wipes disinfect our anodized aluminium MacPadd surface)
  • MacPadd has never committed fraud and never will
  • Apple is aware of MacPadd and have considered selling the product on their website
  • MacPadd met with and talked with several Apple representatives regarding the sale of our product. No concerns were expressed at the time of discussion.
  • MacPadd is patent pending
  • MacPadd has sold over 8,000 customers

Tuan received his MacPadd and received a refund. He has yet to return the product as instructed during our last conversation. If anyone could claim fraud or theft it is MacPadd on an Nguyen who has not paid for a product he has admittedly received. This product we sent was not a gift.

QMS Inc nor McPadd has never or would ever contemplate or commit fraud. The challenge to anyone making the allegation is to prove it. Fraud as described in the Criminal Code of Canada is "the intent to deceive". We have 8,000 customers that have not been deceived.

There have been instances where it seems either product has been lost in the mail (national postal systems) or customers have reported missing product in order to claim a refund. In this instance, the only entity that has been deceived is MacPadd by misreporting and lost revenue.

Relative to personal comments about myself, there was nothing that was consented to during our telephone conversations to be public, nor was it identified that any of what would be said would be twisted for a media interview. In addition Nguyen took out of context and misreported the facts for his own agenda and deranged character.

For the record, during the 13th telephone call to my home, Nguyen asked what I was doing at that moment whereby I could not run to the office at 7:30 pm Friday evening and get him his tracking number, I responded “I was having a drink with my wife”. After all it was Friday night and we were starting to relax for the weekend. If relaxing on a Friday night is a crime, then arrest 300M USA citizens.

Tuan became more inquisitive he asked what credentials I had to operate my business I responded with my professional and academic background (MBA, Engineer, Certified Management Account, I sit on the Board of Governors for our profession). There was no bragging, just responses to his personally intrusive questions. If I had known that any of this might have been fodder for an uncredible site like Tom’s Hardware there would have been no conversation.

I identified several times that the conversation was over and Nguyen was getting a refund. I won’t get into the verbal exchange because quite frankly it was absurd, abusive and disrespectful. I did say our business relationship was over and “get out of my life” after several threats. I do not apologize for my statement or position.

This statement in and of itself made it clear that I did not want to talk to this person ever again and I did not want him calling my house ever again. Unfortunately that did not stop him or his and his friends or co-workers phone calls and harassing and abusive messages (We had the police trace all phone calls and emails). None of what we have described should sound like a stable person or anyone I would want to do business with. We could advance our other findings in this matter but that would just cause the individual to become more self-righteous and create and post more falsehoods to satisfy his character and agenda.

The only fraud that has occurred in this instance is the multitude of falsehoods by Nguyen on his website and the breaches of Tom’s Hardware Code of Conduct, and Terms of Service. We delivered despite the abusive and harassing character of someone who is even legally eligible to work in the USA (no Green Card).

I can assure you that because of this incident, the FBI, and Canadian Police Authorities (OPP) have been involved with respect to criminal harassment to Nguyen and his followers. Fortunately the conduct, calls and emails have ceased. If anyone including the consumerist condones or wishes to incite threatening phone calls, emails or online conduct then that should be declared in your terms of service and on the front of your publications.

THE ELUSIVE TRACKING NUMBER

As identified since our inception, we use the national postal systems. We do not use couriers. It is part of our responsible environmental policy.

CANADA POST DOES NOT PROVIDE TRACKING NUMBERS TO THE USA.

THEREFORE THERE IS NO TRACKING NUMBER. Despite identifying that several times to Nguyen it seems he just couldn't understand.

This is our method of business albeit, we have engaged global distributors.

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