Man Successfully Sues Spectrum Vega+ Creators
It's been almost a year since we were promised "units shipping soon", and to be frank the people who backed the project on Indiegogo have gotten fed up. Understandably, since the project was supposed to ship months after release, and in March we will have reached years.
One backer, who responded to an email asking for money for one of the first 100 ZX Spectrum Vega+, has taken the matter to court. What's more, he won against Retro Computers Ltd.
The judge awarded Rob Morton the full sum of £584, covering the £85 cost of the device which was never produced, as well as postage and travel costs, plus loss of earnings.
Sure, it's not a huge amount, but it goes to show that people won't be pushed around by crowdfunders who take the money and keep promising the world and producing nothing. Morton asked Retro Computers Ltd (RCL) for a refund 45 times, before escalating the matter. He was offered £155 the night before the hearing, which he declined and Judge Clarke described as "not appropriate".
Morton didn't even get a personal apology as RCL chariman David Levy failed to attend the hearing, claiming that internet trolls were going to gather and attack him outside the courthouse.
Despite RCL saying that backers were making a contract with Indiegogo, the judge commented:
"It says: 'campaign owners are legally bound to perform on any promise to contributors, including delivering any perks'. The defendant says this was a perk. As far as the paperwork in relation to this transaction is concerned, the claimant produced documentation that was sent to him before he entered into the agreement to provide funding... It talks about the benefits of supporting, pledging £100 to receive a Vega Plus from the first production run. On that basis it would imply if you promised to pay £100 you would get a Vega Plus from the production run."
Morton was, however, unsuccessful in seeking the costs to be paid personally by RCL's directors, Levy and Suzanne Martin, on the grounds that the company is unlikely to remain in business long enough to pay him. The judge denied on the grounds that the company is still a trading entity.
COMMENTS
Wensleydale - 08:35pm, 6th February 2018
Well done, Rob Morton. You can't keep rattling your tin cup in front of people after you've spent years promising them the earth and delivering exactly nothing.