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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49827
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi there, I have an issue against a software program that

Customer Question

Hi there,

I have an issue against a software program that I have used over the past few months.

I purchased a PC last year with this software already loaded onto it. It is for importing images and videos. I imported what I thought was all images and videos from an SD card and then reformatted the card.

I found subsequently that only images were imported and no videos. I have been beating myself up about it for months as I thought it was something I had done.

This morning I used the software again and again it did not import the videos. When I look at the card files on the PC or on the camera, the videos are there. This time luckily I did not reformat the card and I still have everything.

I am gutted about the previous occasion as the SD card contained videos of by twin boys being born, things like their first baths - and much from their first 2 months. As I said, I blamed myself, and this has caused me so much stress and anxiety at a time where I should be enjoying my family. I will never get this time back.

I want to know if I have a case against a software company, when a program hasn't worked the way they say it would work.

I have also spent £100's or pounds purchasing recovery software in the hope I can retrieve the videos. So far, nothing!

Your advice would be very welcome!
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Did you follow all the instructions as required?

JACUSTOMER-od4zc6ge- :


Ben Jones :

Hi, did you follow all the software instructions as required?

Expert:  Ben Jones replied 4 years ago.
Hello I understand you may have had problems viewing chat mode so I have ended that and switched to the more user-friendly Q&A mode. My posts should now be visible above. Please let me know if you followed all appropriate instructions when using the software?
Customer: replied 4 years ago.

Hi Ben,


Yes I did have issues with the chat.

As far as I am concerned, yes I did follow the instructions.






Customer: replied 4 years ago.

This is the instruction page:

Expert:  Ben Jones replied 4 years ago.
Thanks for getting back to me. Pursuing the company in this instance will not be easy at all. To be successful in a legal claim you will have to show that they had been negligent in designing the software or the instructions on how to use it, that you had followed all instructions as you should have, that even then the software did not operate properly and that you have suffered losses as a result. You may think that you can use the loss of the videos as a loss to claim for but the courts usually only look at financial losses that would be compensated and placing a value on personal possessions would be difficult, if not impossible. Then there is the evidence that you need to show to prove that you had followed the instructions as required – I presume there were no witnesses and your steps were not documented anywhere – it will effectively be your word against theirs, which is far off from guaranteeing any successful outcome. Add to this the legal costs, time, etc it really is not going to be a claim anyone would recommend you follow and you will also not get your videos back in the end. You may still pursue a formal complaint against the company and hope that through their goodwill they offer you something but think carefully before considering taking formal legal action.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help: