I think that in some place there's the possibility to have a refund. The purchase we made was fault, so as customers we have the right to have the microsoft points back. The problem is, where to find a support page to ask for that? I think that Microsoft XBox Live is the one that had to refund, but I'm not an expert. Maybe someone else in the forum knows how to do that.
If Bethesda is fixing the problem, then we don't have the right for a refund, so we don't have the right because they are going to fix it - 'nuff said, thats all you have to know.