I spent a fair some on a peice of software that is supposed to help me find and calculate certain financial ventures. The software dosen't work and brings up an abiguas list of nonesense. I have contacted the supplier and they keep saying they would be getting it fixed. I got so fed up I insisted on a refund. They refused and now they have blocked my login. If I am forced to take them to court what peice of law can I get them on?
2007-01-31 00:38:29 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Go to your local Trading Standards first - if the software is not fit for purpose then you are entitled to a refund and redress. If their intervention fails, then your next step is the small claims court. Keep it simple and straighforward.
2007-01-31 00:55:24 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Take them to small claims. I am going to guess you spent about a thousand bucks on it, as the ones that work are about 2k, and even then it only helps you organize data, not create or discover solid ventures. In most cases, you can argue yourself in small claims. Do a little research on your state's consumer law.
I'm sure the software has some limited functionality that they can justify charging you for it, but their sales agreement probably makes no gurantee of the product's complete functionality. Because that's the case, I am betting you'd lose in small claims. Where you would WIN is when they cut you off. If they disabled your logon, they breached their end of the contract, and you may be able to get your money back pro-rated. The court may also just mandate that they turn on your logon.
Just remember that they'll throw a lawyer at you @ 300 an hour. If you have the time to represent yourself, you should be able to take a chunk out of them, at the very least.
2007-01-31 01:02:58 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If you paid for this software with a credit card, protest the charge when you receive the CC bill. You were charged for a service you are not receiving (since they blocked your login). Let your credit card company fight it out with them.
If not, you can complain to the Better Business Bureau, the Consumer Protection Agency, the Registrar of Contractors in whatever state this is in, etc. The FBI has a computer fraud division which might be interested in checking these clowns out, as well.
You might even consider contacting one of those ScamBuster things they do on most local TV newscasts. Here in the Phoenix, we have 2 stations which do them, so they are always looking for good stories about the little guy being screwed by some faceless manufacturer of shoddy product.
2007-01-31 01:07:39 · answer #3 · answered by Anonymous · 0⤊ 1⤋
If the piece of software is faulty then you should have a refund. As they are not playing ball, try the small claims court.
I suggest you publicise the company by asking if anyone else on here has had the same experience with them and this particular piece of software, try some blogs or forums too
Give them some bad bad publicity
2007-01-31 00:48:42 · answer #4 · answered by ArskElvis 3 · 0⤊ 2⤋
Gullible Consumer Act
2007-01-31 00:48:34 · answer #5 · answered by Anonymous · 3⤊ 0⤋
you should be able to get a refund or replacement if the product does not work as advertised. before going to court see if you can find the terms and conditions and give them a good read (because some of these can be quite ambiguas and tricky) - make sure you know your rights first.
2007-01-31 01:12:45 · answer #6 · answered by Patrick C 2 · 0⤊ 1⤋
firstly contact them and tell them that you have a right to return faulty goods and it is illegal for them to sell you something that clearly doesnt work and insist that they reactivate your login as you have paid for this service and they are not providing it.
take a look at the package contents and discription of what the program does and make a list of the things that it isnt doing - make sure you write everything down, when you contacted them who you spoke to and briefly what they said.
this will help if you need to go to the lawers later.
also seek advice Free from consumer direct(http://www.consumerdirect.gov.uk/) who may be able to help.
good luck!
2007-01-31 00:57:45 · answer #7 · answered by jojo 3 · 0⤊ 1⤋
It sounds like breach of contract to me, but most of their agreement to you was verbal, and those are always hard to prove.
Have another credible person witness that your access has been blocked - so you can call in a witness if necessary. Small claims court is probably the right venue for this.
Good luck
2007-01-31 00:48:55 · answer #8 · answered by Clarkie 6 · 1⤊ 1⤋
You should have tried to return the software to the company first, however, you should speak to legal aid and see what they say, as going to cuort would be very expensive over a bit of software that you have bought.
2007-01-31 00:50:50 · answer #9 · answered by ? 5 · 1⤊ 0⤋
Really: I think you could take em to small claims if it worth your time but don't expect some big judgement you will only be made whole again, in other words, you will only get back what you are out...nothing for your aggrivation or time...good luck.
Limit is 5,ooo.
2007-01-31 00:50:54 · answer #10 · answered by Anonymous · 0⤊ 1⤋