Long story. I was initially furious with Turbine for holding back on the announcement of the stat changes until after they'd allowed people to preorder, so I asked for my cash back, and they said no. I attempted to get my money back through Paypal, but seemed to have no luck, so I went back to Turbine. They said all sales are final, and besides, the Isengard product key was now permanently registered to my account and could not be removed.
So I looked into it and got some interesting advice from Consumer Direct and emailed Turbine back with some juicy info. For a start, if proof of purchase can be produced (which it certainly can be, as receipts are generated via email), the Sale of Goods Act 1979 states that any imminent changes to the product or service must be declared, and if they are not a refund can be asked for and must be given, provided that refund is requested at any time up to 6 years after purchase. The only way out of it would be to make a like-for-like offer, although in the case of an online game that would entail providing me with my own exclusive version of the game sans stat changes. Totally unfeasible, so if I want a refund and am based in the UK I have them bang to rights - as they're offering the product/service to UK customers they have to abide by UK law. Gotcha number 1.
That's not the only UK law they are in breach of. It seems that if there are imminent changes to a product or service that alter the product in a palpable way (like the stat changes), failure to declare them before you allow the transaction to take place - thus denying the customer the opportunity to make an informed decision - is in violation of the Misrepresentation Act 1967, which makes their conduct illegal in the UK. Their "game experience may change for any reason" nonsense in their EULA is irrelevant because they're breaking the law. Gotcha number 2.
Also - and you are going to absolutely LOVE this - if you tell your customer one thing and then do the opposite regardless of your past statements to the contrary, you are also in violation of the Misrepresentation Act. Like, ooh, I dunno, say your cash shop will offer "convenience and not advantage" and then sell things that you freely admit are "advantages". Their back-pedalling over that "convenience and not advantage" statement is in violation of British law! Technically it's also fraud because you've misrepresented your product to get the customer to enter into a contract of service. Gotcha number 3.
And that's not all! If Codemasters were not aware of Turbine's plans to go F2P while Codies were reassuring their customers that there were "no plans to go F2P", then Turbine are open for corporate legal action because they effectively caused Codemasters to involuntarily violate the same act. Turbine could face legal action from every single Codemasters' customer too, for forcing the company with which the customer had a contract of service to violate the law. Gotcha number 4.
The sweetest part of it is that removing the statements that they made in the past on their forums is basically an admission of guilt, and effectively means that they were attempting to cover up illegal activity. What's hilarious is that if they still had Codemasters as their European partner, they could pretty much say whatever they liked and get away with it, as they were not handling the European service themselves. As soon as they started directly dealing with European customers, they had to start abiding by the relevant legislation. They walked straight into it and left themselves open to cop it in the neck for every violation of our more stringent consumer rights laws. Bwa ha ha ha.
I pointed all of this out to Turbine, along with advising them that if they wish to offer their service directly to overseas territories they should have done a better job of familiarising themselves with the consumer rights legislation of those territories. Alternatively, if they are unable to do so, they should hand their overseas services to partners who can.
I also pointed out that I would be writing a letter of complaint to their parent company Warner Brothers advising them of all of Turbine's transgressions under the leadership of the Paizes. I will also be informing Middle-earth Enterprises of their unlawful conduct and asking them to reappraise Turbine's status as a licensee. They have been known in the past to revoke licenses for less.
Strangely, the very next day, my Paypal claim was reopened and my money was credited back to me. Funny, that. Weirdly, I still have my Isengard goodies and preorder registered to my account too. I will be watching that with interest, because if they suddenly vanish from my account, that means when they originally refused my refund under the grounds that the product key was permanently fixed and could not be removed, they were telling me enormous lies in order to wriggle out of giving me my money back. And that's a whole new can of worms...
Turbine really should learn that they should not mess with European customers. We are clearly not the pushovers they are used to. If they have to learn the hard way, then that's fine by me. And I'm still going to write those letters to Warner Brothers and Middle-earth Enterprises.















