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The John Westlake/Lakewest MDAC/FDAC, VFET and Detox

Eh? The skill that Ian was referring to was the ability to recognise that constant criticism and anger directed at JW is self-defeating. This is referring to us, not John.

However, I do believe we're starting to turn the tide here, and are starting to collectively think more constructively and pragmatically.
I got that, I was responding as a manager would after 7 years. Anyway, I don't want to say more.
 
"Weekly update...
I've also a workable solution for the MDAC2 front panel / UI, and ordered the LCD panels from China & system MCU's etc".


Wait a second here, apparently the UI was sorted already by a local Czech company.

So which one of these is true?

Post 959 by JohnW Feb 2, 2019
https://pinkfishmedia.net/forum/threads/mdac-first-listen-part-00100001.160432/page-19
"To "Finance" the UI driven front panel for the "proper" MDAC2 and FDAC I've stuck a deal with a local company - I'll introduce them to vendors and suppliers in China (Taking them around China etc.) in exchange, as a form of payment they will develop the FDAC / MDAC2 UI".

These things come up all the time. One among the multitude of conflicting statements by JohnW. Conflitcting oneself continuously makes on seem a bit on the shady side even though the explanation could be just us missing some critical information. Wich has been very much lacking here, justified to us as caused by Johns sensitivity to any criticism.

And Fred Sonnen. You try to label any valid critique towards JohnW as malign abuse by "a vocal minority." I on the other hand think you're in the vocal minority now and seem to be keen on trying to silence any opinions that conflict yours. 5 years ago you might have had a point though fanboys like you seem to be few and far apart nowadays.

I believe we all should write off our investments and move on. Then again there has been yet a new twist on the plot and new hope has been sown to the fertile ground. Going to get some popcorn now.

I'd be delighted to be wrong on this would love to see myself apologizing for my doubts of John!
 
I’m not writing anything off personally...I still think DevDAC boards with basic firmware are possible - there was a working solution that people listened to not long ago! ...I’m not fussed if the ‘Bass’ is not better than the Chord DAVE with current design that John has developed - cranking up my Subwoofer 3db should moot that minor issue
 
At least I am happy to see that the integrated streamer and advanced UI have been discarded. Trying to keep up with various applications available for platforms such as Mac OS, Android, Windows, iOS would have been totally pointless. Media streaming services come and go, but a quality DAC will remain relevant for a longer time. Better do a little well, than a great deal badly. Keep the design simple, deliver ASAP, and move forward in life.
 
the "open goal " provided for JW doesn't seem to be working

come on John, we're behaving ourselves to give you an opportunity to update us on new partner developments here rather than wait for something on FB
 
At least I am happy to see that the integrated streamer and advanced UI have been discarded. Trying to keep up with various applications available for platforms such as Mac OS, Android, Windows, iOS would have been totally pointless. Media streaming services come and go, but a quality DAC will remain relevant for a longer time. Better do a little well, than a great deal badly. Keep the design simple, deliver ASAP, and move forward in life.

I was not aware that the streamer had been officially dropped. I was one of the backers for that project to enable John to fund the in-house PCB Manufacturing ability. I never got an opportunity to take a streamer, but I understand some were produced. John then proposed to integrate the streamer element with the DevDac and I was happy (at that time) to wait for that. Obviously time and patience have now moved on and I understand and agree with the need to simplify the project as much as possible. However, my understanding was that the streamer development was completed, so I'm not sure why it cannot be integrated with the DAC as maybe an optional board? I was under the impression that we would hear big sound quality improvements with the integrated streamer and John's clock locking/jitter technology etc. At the end of the day, I just want us to see a DevDac which gives us the best quality sound available for the project development cost and time taken.
 
come on John, we're behaving ourselves to give you an opportunity to update us on new partner developments here rather than wait for something on FB

I don’t expect to hear any specifics from John until the deal is agreed - or not agreed.
 
I was not aware that the streamer had been officially dropped. I was one of the backers for that project to enable John to fund the in-house PCB Manufacturing ability. I never got an opportunity to take a streamer, but I understand some were produced. John then proposed to integrate the streamer element with the DevDac and I was happy (at that time) to wait for that. Obviously time and patience have now moved on and I understand and agree with the need to simplify the project as much as possible. However, my understanding was that the streamer development was completed, so I'm not sure why it cannot be integrated with the DAC as maybe an optional board? I was under the impression that we would hear big sound quality improvements with the integrated streamer and John's clock locking/jitter technology etc. At the end of the day, I just want us to see a DevDac which gives us the best quality sound available for the project development cost and time taken.
Don't think the streamer was an option on devdac only for the larger FDAC, anybody's guess whether that ever gets made.
 
Don't think the streamer was an option on devdac only for the larger FDAC, anybody's guess whether that ever gets made.

I think it was muted at one stage that the DevDac or MDAC2 would include a Streamer Board. That's why I held off getting the standalone streamer. It would be good if this was to happen, but it's not a deal breaker for me. I might have originally went for an FDAC, but given the timescales to get here, I will be taking the 1st DAC that becomes available. I just hope John makes it worth the hassle and wait. If the FDAC does ever get into production, John did state that the original developers would be eligible to buy one at cost, which I think is a very reasonable approach.
 
I think it was muted at one stage that the DevDac or MDAC2 would include a Streamer Board. That's why I held off getting the standalone streamer. It would be good if this was to happen, but it's not a deal breaker for me. I might have originally went for an FDAC, but given the timescales to get here, I will be taking the 1st DAC that becomes available. I just hope John makes it worth the hassle and wait. If the FDAC does ever get into production, John did state that the original developers would be eligible to buy one at cost, which I think is a very reasonable approach.
With out going through all the Facebook threads I am sure John said the streamer was only an FDAC option or available as a separatee item.The Devdac is was a simpler DAC without all the options intended for FDAC.
 
<moderating>

I’ve taken a few pages of seemingly irrelevant noise/gossip out. This thread is for investors only. It is about getting the various products they paid John Westlake some very serious money to build and to document any legal movement in that direction. If you want to discuss DACs, streamers, digital technology etc there is the rest of the site for that. This thread has to remain tightly focused.

Again; no investment? Don’t post here.
 
It is very disappointing for me that John offers to update the supporters not present in FB by mail, but obviously does not do that at all.
At least I didn't get one.....
 
I hate to say it but FWIW my view is you guys need to get hold of a good lawyer.

I’m not sure that would achieve much. It would appear that the initial investment from 7 years has been spent, and there was no written contract in the first place. The only outcome I can see from getting a lawyer involved is a large legal bill.

It doesn't matter that there was no written contract. A contract is an agreement, not a piece of paper. Just because it is crowd funding doesn't mean that you have no rights. Without reading in to all the ins-and-outs, my first instinct is that you may well be protected by consumer law such as the Consumer Rights Act 2015 if you have paid money over the internet for a good that you have not received.

It is possible that you may be able to formally cancel your "investment" (probably actually a payment) and gain a simple legal right to a refund. Even if there's an argument that you also paid for the development of the device, that's probably a service that needs to be performed in a reasonable time, and with reasonable care and skill.

Legal action for something like this doesn't need to be expensive. The first step of a claim is correspondence to try to settle (letter before action) and so can often be done on your own without paying any court fees. The threat of legal action is often enough to focus minds.

If you do need to go to court, the Small Claims Track of the County Court system may be likely suitable if JohnW still has an address / presence in England or Wales. Exposure to costs is significantly reduced on this track. If you are happy to do a bit of your own research you could look at using the Court's MCOL (Money Claims Online) service yourself perhaps with the support of a lawyer (check your home insruance to see if you have legal expenses insurance) or someone like Which? Legal Services.

If John W does not have any presence in England or Wales you could investigate equivalent processes in Czechia. (Can't link as I am a new user here after many years on the Wam, but Google "European Consumer Centre Czechia"). Edit: or the European Small Claims Procedure noted by 44000khz below.

For what it's worth I hope mods don't mind me posting even though I am not an investor as I think this may be useful info. I am not advocating legal action - that's a personal decision - nor am I advising you (must be very clear about that). Just providing context. You will have to decide whether it's worth it. If JohnW has the money to provide the goods then perhaps threat of legal action would focus the mind/timetable; if he doesn't then you are right he's unlikely to be able to pay you back either way.
 
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It doesn't matter that there was no written contract. A contract is an agreement, not a piece of paper. Just because it is crowd funding doesn't mean that you have no rights. Without reading in to all the ins-and-outs, my first instinct is that you may well be protected by consumer law such as the Consumer Rights Act 2015 if you have paid money over the internet for a good that you have not received.

It is possible that you may be able to formally cancel your "investment" (probably actually a payment) and gain a simple legal right to a refund. Even if there's an argument that you also paid for the development of the device, that's probably a service that needs to be performed in a reasonable time, and with reasonable care and skill.

Legal action for something like this doesn't need to be expensive. The first step of a claim is correspondence to try to settle (letter before action) and so can often be done on your own without paying any court fees. The threat of legal action is often enough to focus minds.

If you do need to go to court, the Small Claims Track of the County Court system may be likely suitable if JohnW still has an address / presence in England or Wales. Exposure to costs is significantly reduced on this track. If you are happy to do a bit of your own research you could look at using the Court's MCOL (Money Claims Online) service yourself perhaps with the support of a lawyer (check your home insruance to see if you have legal expenses insurance) or someone like Which? Legal Services.

If John W does not have any presence in England or Wales you could investigate equivalent processes in Czechia. (Can't link as I am a new user here after many years on the Wam, but Google "European Consumer Centre Czechia")

For what it's worth I hope mods don't mind me posting even though I am not an investor as I think this may be useful info. I am not advocating legal action - that's a personal decision - nor am I advising you (must be very clear about that). Just providing context. You will have to decide whether it's worth it. If JohnW has the money to provide the goods then perhaps threat of legal action would focus the mind/timetable; if he doesn't then you are right he's unlikely to be able to pay you back either way.

I doubt anyone would need a solicitor. But I will add the following disclaimer that I am not qualified to give legal advice and this post does not constitute legal advice in anyway and must not construed to do so. You must do your own research and decision is entirely your own.

The following is posted only for informational purposes, and is in fact public information:

'How to use the European Order for Payment Procedure or European Small Claims Procedure'.

https://www.gov.uk/government/publications/make-a-cross-border-claim-in-the-eu-ex725


The procedure for making a claim is detailed in the following and is I believe still applicable because we (UK) are still in the EU due to transition period. And I also believe the procedure can be conducted from the UK under UK jurisdiction for the reasons stated above and by the following example.


HM Courts & Tribunals Service
Document: EX725
Making a cross border claim in the EU

'Normally the usual place of residence of the defendant is the country with jurisdiction to
process the case'.

'However, there are exceptions to this so some claims can be brought in another Member State other than where the defendant resides. These exceptions mainly occur in matters
relating to:
• a contractual obligation'

'For example -
The French vendor of a motorbike can be sued in England if that is where the motorbike was due to be delivered'.

The fees are detailed in the following document are not particularly expensive and on the assumption that the plaintiff wins, all fees and interest would be payable be the defendant.

Civil and Family Court Fees
From March 2019
HM Courts & Tribunals Service
Document: EX50
 
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