Section 75

MrNiceGuy_007

Hello,

This is a wild stab in the dark and is probably something I should of known about many years ago.

In 2008 ish (I will have to find out exact dates), I was sold a piece of software from a company. This software was guaranteed to work for 12 months and within that 12 months the company shutdown and the software no longer functioned.

I paid for this on my Visa credit card and I'm wondering if I would have a valid claim.

I didn't know about section 75 :mad:....you live you learn and you move on.

Thankyou

jonesMUFCforever

How much did you pay?


What is the expected lifetime of this software?


My own opinion not based on any legal knowledge is that you have left it over 6 years (??) so you are out of time whatever the legality of any claim.

MrNiceGuy_007

I didn't really want to say but the software was £7K and the life was forever at no point did the company say if they shut down the software would stop working, I assume it ran from there servers.

System

I think leaving it 5 years after it failed to claim could be a sticking point, whether you are covered or not.

InsideInsurance

Law of limitations gives you 6 years (in England and Wales, 5 in Scotland) to make a claim and so its going to be important to pin down the date.

Ultimately this comes down to a combination of things such as the "guarantee of 12 months life", what limits to liability was put into the contract, potentially how forseeable issues were and what losses the early termination of the software caused.

Assuming you did sustain loss, that you can evidence the guarantee, that its within limitation, that the contract didnt limit liability and the issue wasnt reasonably forseeable then you may have a claim. The most likely resolution would be a partial refund against the lost months of service unless you can demonstrate larger losses that the contract doesnt exclude

chanz4

another issue, was the software for business use? if so no section 75

chattychappy

chanz4 wrote: »

another issue, was the software for business use? if so no section 75

It depends. If, for example, a company bought the software but the OP paid on a personal card, then I agree. Or were you thinking of something else?

System

It sounds like one of those make a million dollars with my software scams to me

MPH80

Anyone that promises software running in the cloud - for life - with a one off fee is effectively running a ponzi scheme. They are relying on more money coming in at the bottom to pay the running costs for those who paid x years ago.

Downloaded software is a bit different of course, if you're just expecting support - but still expect it to suddenly stop working with the next version of Windows/Mac OS etc.

InsideInsurance

MPH80 wrote: »

Anyone that promises software running in the cloud - for life - with a one off fee is effectively running a ponzi scheme. They are relying on more money coming in at the bottom to pay the running costs for those who paid x years ago.

That depends if the scheme as other revenue streams or not.

There are plenty of cloud solutions that go beyond a one off fee and are totally "free" but of cause generate revenue from advertising or data and may well be dependant on the assumption that a large proportion are relatively modest-light users.

g6jns_2

jamesb1983 wrote: »

Hello,

This is a wild stab in the dark and is probably something I should of known about many years ago.

In 2008 ish (I will have to find out exact dates), I was sold a piece of software from a company. This software was guaranteed to work for 12 months and within that 12 months the company shutdown and the software no longer functioned.

I paid for this on my Visa credit card and I'm wondering if I would have a valid claim.

I didn't know about section 75 :mad:....you live you learn and you move on.

Thankyou

If this was a business purchase then there is no S 75 cover. In any case after six years thevstatute of limitations applies.