How to get my money back?

luckyme79_2

Hi,
I have a NatWest credit card and I used it to buy a piece of software. Software was delivered over the internet. Unfortunately, software doesn't do what it promised so I rang NatWest for help. They said the only option is to go to an independent computer retailer and ask for a confirmation that software doesn't do what it supposed to do.
Is it the only option? Asking for an expert opinion will cost me extra money and I'm not willing to do this.
Of course, software seller refuses refund.
Thanks for any help.
L

chanz4

whats the software and what does it not do?

Gromitt

So what you are saying is that the software is not "Fit for purpose" ?

Did the vendor clearly state it did what you wanted before you bought it?

meer53

In what way is it faulty ?

YorkshireBoy

luckyme79 wrote: »

Asking for an expert opinion will cost me extra money and I'm not willing to do this.

Why not? Section 75 (if you qualify*) covers consequential costs/losses, so simply put the cost on the credit card.

If your claim is upheld, the card provider will have to reimburse this cost as well as the cost of the software.


* Over £100 but less than £30K, and through a pre-existing D-C-S relationship.

luckyme79_2

The software is supposed to create *.vob files out of video files. Vob file is a container format for a dvd movie. I wanted to swap original vob file from a dvd for my vob file. Unfortunately, vob files created by the software are incomplete because they are missing corresponding *.ifo files and cannot be played by a dvd player.
Demo version of the software doesn't allow me create full vob files, so I couldn't test it before buying. Also, demo version (nor their website) does not say that vob files created by the program cannot be played by a dvd player.
I had a quick conversation with software support and they admitted that the files cannot be played by a dvd player, but also say it's not software's fault.
Support does not answer my emails any more, my only chance is to get money back from NatWest.

SnowTiger

luckyme79 wrote: »

The software is supposed to create *.vob files out of video files. Vob file is a container format for a dvd movie. I wanted to swap original vob file from a dvd for my vob file. Unfortunately, vob files created by the software are incomplete because they are missing corresponding *.ifo files and cannot be played by a dvd player.
Demo version of the software doesn't allow me create full vob files, so I couldn't test it before buying. Also, demo version (nor their website) does not say that vob files created by the program cannot be played by a dvd player.
I had a quick conversation with software support and they admitted that the files cannot be played by a dvd player, but also say it's not software's fault.
Support does not answer my emails any more, my only chance is to get money back from NatWest.

It appears the software is advertised as being able to create .vob files, which is what it does.

Is it advertised as being capable of creating output that can be played by a (standard) DVD player?

The information you've posted suggests you got what you paid for. But you expected the software would do something else or do more.

Perhaps this webpage will help you: http://www.digital-digest.com/articles/create_ifo_files_from_vobs_page1.html

luckyme79_2

SnowTiger wrote: »

It appears the software is advertised as being able to create .vob files, which is what it does.

Is it advertised as being capable of creating output that can be played by a (standard) DVD player?

The information you've posted suggests you got what you paid for. But you expected the software would do something else or do more.

That's the tricky part. Vob files' sole purpose is to be played by dvd players, that their description from wikipedia. So when I bought software able to create vob files, it seems reasonable to expect that they will be played by a dvd player.
It's like ordering a plane. The plane doesn't fly but seller claims that I ordered "a plane" not "a plane that flies".
Thanks
L

chattychappy

YorkshireBoy wrote: »

Why not? Section 75 (if you qualify*) covers consequential costs/losses, so simply put the cost on the credit card.

This isn't a loss consequential on the breach of contract. It is a cost associated with making a claim. Afterall, if the OP decided not to pursue the claim, (s)he wouldn't face this cost.

YorkshireBoy wrote: »

If your claim is upheld, the card provider will have to reimburse this cost as well as the cost of the software.

Indeed, in principle these costs are recoverable in the same way that any losing party to proceedings must cover the costs of the successful litigant. There are limits though eg in the small claims track, costs are not normally recoverable. It would be for the judge to direct whether it was appropriate to use experts in the circumstances and would have discretion to award costs, even in the small claim track.

The FOS might take a more generous view on costs, particularly if the CC demanded such a report. Afterall, under s75 the CC is jointly and severally liable for performance. On this basis, theoretically they should be aware of what the product can/cannot do and not require an expert to investigate.

My suggestion to the OP would be to write (following the complaints procedure) to the CC saying:
1) the OP has sufficient knowledge to determine that the product doesn't meet its claims
2) give technical details to back this up
3) argue that insisting the OP employs an expert is simply a barrier to making a claim since the cost of doing so is disproportionate. There will also be additional costs in finding such an expert.
4) suggest they either pay out on the claim without further delay, or employ their own qualified staff to respond properly, or agree to cover the cost of the OP seeking out an expert and obtaining a report in the event that the expert agrees with the OP. Else the complaint will be escalated, to the FOS if necessary.

[Having read subsequent posts, it does sound like the claim isn't very strong.]

YorkshireBoy

chattychappy wrote: »

The FOS might take a more generous view on costs, particularly if the CC demanded such a report.

I had the FOS's likely response in mind when I made the assertion, having previously read 'case files' involving consequential losses/costs in obtaining 'technical opinion' on their website.

sfax

I don't think you've got a leg to stand on but if you keep the software and create vob files with it, you can then create IFO files for them for free with IFOEDIT