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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience:  Solicitors 2 years plus PQE
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hi i oppened an account in ubinary.com in london and now they

Customer Question

hi
i oppened an account in ubinary.com in london and now they refuse to let me withdrawl. can you help me with that ?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Have they given you a reason why you cannot withdraw?

How much are you owed?

Kind regards

AJ
Customer: replied 3 years ago.

hi


my 1st deposit was 1000$ 2nd 5000$ 3rd 5000$ 4th 1000$ 5th 2000$ 6th 1000$ , now after my all lost have 5400$ remain in my account they refuse to let me wethdrawl because they say i didnt turn over the bonus,


dut i did turn over the bonus .


regards


sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Is this company based in the US? Or UK?

Kind regards

AJ
Customer: replied 3 years ago.

Hi again,


 


They are based in UK .



Address: International House,XXXXX BOW, London E3 2SJ

 


Regards


 


Sila


Expert:  Alex J. replied 3 years ago.
Hi,

Thank you,

I will draft a response, it may take me some time so please do not be concerned if you do not hear from me until this afternoon.

Kind regards

AJ
Customer: replied 3 years ago.

Ok Sir

Expert:  Alex J. replied 3 years ago.
Thank you.

Kind regards

AJ
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I have read the terms and conditions. It says you cannot withdraw until you have staked 25 times the bonus amount.

I think it is implied this only applies to the part of the deposit made up of the bonus however, if they are refusing to let you withdraw any money are they implying in a deposit of monies the bonus part is the last part to be used?

Kind regards

AJ
Customer: replied 3 years ago.

Hi again


 


The bonus i get from them is 2500$ + 1500$ and the stakes is over 200000$ which means that i did the turnover. The last 3 deposits were 2000$ + 1000$ + 1300$ didnt get any bonus for them .


Regards


Sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If you have completed the turnover and they wont release your money then this becomes a straight forward claim for money.

Your options are:
1. Write to them and demand the return of the money within 7 day;
2. If they fail to return it then commence a money claim on line www.mcol.gov.uk;
3. This must be a regulated company under the Financial Services and Markets Act, however what concerns me is they process their transactions through Malta. It may be worth trying to make a complaint to the Financial Conduct Authority as well.

Any claim should be for a simple breach of contract as they are failing to release the monies as requested.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Hi MR AJ


 


I dont think they are regulated, what will i do then ?


 


Regards


Sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

You can still bring county court proceedings against them.

Even if they are not regulated if they have a registered office in England and are carrying out a regulated activity (which it sounds like they are) and therefore you can make a complain to the FCA even if it is to make them aware of the activity.

I would also note that this is a financial service, so you would well be within your rights to seek to make a complaint to the Financial Ombudsman. This would save potentially the time and cost of a court claim.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Hi


 


As you notice maybe i liv in sweden and i dont know anything about terms and conditions in the UK, can you please tell how to make a complain to the Financial Ombudsman ?? How i can contact them ??


 


Regards


 


Sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

My apologies I did not realise you were based in Sweden. I just came back from a visit to Ullared!!

1. www.financial-ombudsman.org.uk - you can contact the FOS here if they cannot assist you, you will have to consider a county court claim;

2. You can start a money claim here by serving on the UK offices of the company - www.mco.gov.uk
If you need to engage a solicitor in the UK contact www.lawsociety.org.uk they will be able to recommend someone that can assist you long distance and may even speak Swedish as well.

Kind regards

AJ
Customer: replied 3 years ago.

Hi again


 


I didnt rate your service yet because im waiting an answer from lawsociety, as soon as i get answer i will rate .


 


Regards


 


Sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The Law Society will only be able to guide you in finding a solicitor that will work with if you need to bring a county court claim.

I would start by writing a letter to Ubinary and demanding they return your money otherwise you reserve the right to commence County Court Proceedings. I would also provide them with evidence if you can showing you have correctly turned over the bonus. Putting pressure on them may save you the expense of retaining a solicitor.

Thank you

Kind regards

AJ

Customer: replied 3 years ago.

Hi


 


I will be very thankfull if you can do that, they dont answer my calls anymore then they heard that i want withdraw .


 


Regards


 


Sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I am afraid I cannot do that as it is against the rules of the site.

I will set otu the template below:
1. Mark the letter at the top "without prejudice save as to costs";
2. Say you demand immediate return of all funds on account with 7 days failing which you reserve the right to start a county court claim and/or complain to the FCA and Financial Ombudsman;
3. Say they are clearly in breach of their contractual obligations as you have turned over the bonus as requested and any funds on account belong to you;
4. Say any further delay in with holding the funds is causing you loss and inconvenience which you will see to recover from them.

Send this in the form of a written letter to the address you gave me above.

If they do not respond then I would proceed to contacting the law society and instructing a solicitor. I would also make a complaint to the Financial Ombudsman.

Kind regards

AJ
Customer: replied 3 years ago.

Hi


I dint understand which letter at the top? will i send it as letter or e-mail ?


Regards


 


Sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Send a letter to Ubinary to the address you provided: International House,XXXXX BOW, London E3 2SJ

The letter should ideally cover the points I have listed.

Kind regards

AJ
Customer: replied 3 years ago.

 


To Ubinary


 


Without prejudice save as to costs


 


 


1. I demand immediate return of all funds on account with 7 days failing which i reserve the right to start a county court claim and/or complain to the FCA and Financial Ombudsman;


 




    1. You are clearly in breach of your contractual obligations as i have turned over the bonus as requested and any funds on account belong to me;


       




    2. Any further delay in with holding the funds is causing me loss and inconvenience which i will see to recover from you .




 


 


 


SILA HOMSI


BOKLIDEN 30


66733 FORSHAGA


SWEDEN


[email protected]


+46707743518


 


 


 


Is it ok ???


 


Regards


Sila

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I would add that you reserve the right to take county court action and/or complain to the Financial Ombudsman.

Also if you have any evidence that you turned over the bonus I would include this as well.

If they still dont respond then seek a solicitor to assist with County COurt Action.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi AJ


7 days passed and no answer from ubinary, what we can do ?


 


Regards


SIla

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you,

Your next step is you either have to sue them or make a complaint to the Financial Ombudsman and FCA.

If they have court proceedings issued against them they will have to respond.

Kind regards

AJ

Customer: replied 3 years ago.

Hi again


 


Can you help me to complain to the Financial Ombudsman ?


 


ps: if i get back my money with your help, your tipp is 20%.


 


Regards


 


Sila


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I cannot conduct the claim for you but I can answer your question.

The contact details are hear - www.financial-ombudsman.org.uk/‎

The first thing you should do is contact them to see if they will accept the claim.

Kind regards

AJ

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