I think the point is that money was taken when a) there wasn't any stock and b) no idea when there will be any stock. There was no indication that current stock levels were depleted when I placed my order and handed over my cash - yet OCUK knew that their stock would go within minutes. Yet they continued to take money whilst (at least for my sale) the website said shipping September 23rd - and not 'Pre order'. So OCUK have my money, without any idea as to when they can fulfil my order. This year, next year? If I had known they had ran out of stock, I would likely have tried somewhere else. But as they took my money, I (clearly wrongly) assumed that I'd managed get one from stock.
They stated "We therefore suggest you keep your place in the queue to avoid future disappointment." - which roughly translated means 'If you look for a refund, you'll be waiting longer, although we're not going to tell you where you are in the queue or how long you might have to wait anyway'. That's my take.
My opinion is that they know at least how long it's going to be before they can even start to fulfil orders, but they don't want to tell us, as that may just lead to those refunds if we realise that it's going to tale a long time. If they tell us it'll be a very long time, and we get refunded, we may not go back to OCUK when stock is flowing. I can't see any other reason why they won't tell us where in the queue we are so that we can make that 'refund or wait' decision. They've already stated "Your order is in a queue and we will fulfil orders on a strict first come, first served basis." so they have a queue, so I want them to tell me where in the queue I am so I can decide.. I know that doesn't mean that will miraculously make the cards turn up any quicker - but we'd be able to make a decision.
I find it very suspect when money is taken without stock. If it was a pre-order, you shouldn't be charged until the stock as arrived - but I guess if they did that, you might pre-order elsewhere - and if they got stock first, they would lose the sale. To me, this is anti-consumer behaviour.
As for those that complain that people are getting upset about this situation...tough. It's everyone's right to feel upset and annoyed when they have a large sum of money has been taken from their account with no clue as to when they will see the goods they paid for. If you're happy with that situation, then that is absolutely your right - as it's the right of people not to be happy about it.
I don't think OCUK are 100% to blame for this, Nvidia should take the lion share of that. But I feel that OCUK have compounded a very frustrating situation.