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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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if a service provider promises to improve the service numerous

Customer Question

if a service provider promises to improve the service numerous times but have not done so and hence i have suffered a loss from it, what are my rights and what are the laws governing this.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Right, it was just the service was a bit slow and expensive so i asked them to fix it but they have promised it numerous times but haven't.

Expert:  Jo C. replied 2 years ago.
Which service is this?

How long have you had it?
Customer: replied 2 years ago.

Had it since Jan.


 


A financial service for transactions.

Expert:  Jo C. replied 2 years ago.

What would you like to achieve? Has it suffered you any loss? Do you have to give any notice?

Customer: replied 2 years ago.

I have suffered loss on paying a lot more cost than i shouldve.

Expert:  Jo C. replied 2 years ago.
Thanks

The first thing that you are going to have to do is quantify your loss.

That means that you are going to need to calculate what it would have cost you had the service run properly and what it has cost you run as it is.

It is because the service was slow, you lost money on investments, there is already case law which says that that is not reasonably foreseeable consequence.

It is actually to do with the falling value of a house due to delay but nonetheless the facts would still apply here.

Assuming it is some of the loss that you have suffered and the standard has fallen below that which could have been expected and is available elsewhere, you have a claim under the provisions of the Supply of Goods and Services Act in that they have failed to carry out the job with reasonable care and skill.

It is very difficult to answer further without knowing what loss you have suffered, details of the service, and details of the contract

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

"standard has fallen below that which could have been expected and is available elsewhere" This is definitely the case.


 


Usually the transaction cost of trading is around 0.0001% or even smaller of your position, however, with this firm which is industry leading often charged me at 0.0004-0.0006%. They blamed it on market conditions but 90% of my orders were affected with a higher cost for not much apparent reason.


 


I have also received low cost transactions at a competitor firm, which is not industry leading.


 


I have then lost the higher cost.


 


Also their platform quotes 0.0001% at nearly all times and it is also advertised on the site, however, this is never executable and it is only for reference.

Expert:  Jo C. replied 2 years ago.
It is a case then of calculating exactly what you lost when and over how long and then sending a letter asking them to refund that to you.

If you do not get a reply, you tell them that unless they reply or pale you will issue court proceedings without further notice.

If they do not pay up you have no alternative but to go to court for the judge to decide the issue.

It appears that you are satisfactory proof of what they promise and should be expected which will assist your claim
Customer: replied 2 years ago.

I have particulars of claim written up already.

Customer: replied 2 years ago.

Could the quantification of what i lost be a difference between the over paid commission and their so called advertised costs and quoted cost on the platform?

Expert:  Jo C. replied 2 years ago.
Thanks

I am just in court at the moment but I will be able to look at this today.
Expert:  Jo C. replied 2 years ago.
You are entitled to rely on whatever they advertise provided you can prove that you really need on their advertising and it was not for the advertising, you would not have entered into the contract.

So the quantum of your loss is the difference between what it actually cost you and I would have the difference between what it would have cost if the service had been provided and was available from a competent provider if
they advertised some kind of cost, the advertised cost.
Customer: replied 2 years ago.

They however in the contract says that it is not guaranteed that I will get that price, but they will do whatever it takes to obtain that price.


 


They are an industry leader.


 


They have promised me to do whatever it takes but have not done so.

Expert:  Jo C. replied 2 years ago.
Whilst it may be true that there is no guarantee, they are still required to carry out the service with reasonable care and skill.

However it would not be possible to get a better service anywhere else, you have actually suffered no loss.
If you has suffered no loss, you have no claim.

However if their advertising enticed you to use the service and without their advertising you would have not use their service or any service of anyone else at all and would not have got involved in this business, then you may have a claim for whatever you lost as a result of actually using their service at all.

However if you did make a small profit albeit not the profit that was promised, provided that is more than you would have got by having the money for example on deposit, then you have again, suffered no loss
Customer: replied 2 years ago.

I could get a better service elsewhere, definitely

Expert:  Jo C. replied 2 years ago.
Your loss therefore and the subject of your claim is the difference between what you paid and what you would have paid and any loss that you sustained as a result of the delay in the transactions

Customer: replied 2 years ago.

Right and their no guarantee is invalid due to the breach of section 13 and unfair contracts legislation?

Expert:  Jo C. replied 2 years ago.
Provided you are a consumer you may be able to rely on the Unfair Terms in Consumer Contracts legislation but not if you are a business
Customer: replied 2 years ago.

Yes I am a consumer.


 


Also, if they promised to fix it but have never done so. Is this a breach of warranty ?


 


Offered platform X saying it has the features and functionality of Platform Y when i inquired into the products. Is this misrepresentation?

Expert:  Jo C. replied 2 years ago.
It is possibly breach of warranty and misrep.
You would plead both and let judge decide
Customer: replied 2 years ago.

Right.


 


So if I press forward a complaint to the firm I would have to argue for breach of warranty and misrep?


 


What are the necessary legislations to quote?

Expert:  Jo C. replied 2 years ago.
Misrepresentation Act 1967, Supply of Goods and Services Act 1982, Unfair Terms in Consumer Contracts Regulations.

There is also plenty of case law as an argument to be had as to whether it is a breach of condition or warranty but arguing that is beyond the scope of this site but here is some reading for you

http://www.e-lawresources.co.uk/Conditions,-warranties-and-innominate-terms.php

Obviously, it is impossible to advise you in depth without spending hours studying the contract documentation and the curcumstances surrounding the lack of service

I am happy to continue with this but please remember to leave feedback.
Customer: replied 2 years ago.

No worries, I will definitely leave a rating.


 


I have a question though, if they are industry recgonised as the best shop out there, but have performed in a way that they behave like tier 3 shops, is that a reason of concern?

Expert:  Jo C. replied 2 years ago.
Biggest is not always best!
I obviously cannot comment on the financial viability of any business.
It would certainly be enough for you to move elsewhere
Customer: replied 2 years ago.

Right. They also told me that they get 0.000003% from the banks at all times before I was trading with them and it turns out to be untrue. Again a source of misrepresentation?

Expert:  Jo C. replied 2 years ago.
Yes but there is no cause of action as you have suffered no loss
Customer: replied 2 years ago.

I have because the cost of paying is much higher than their markup. If they are in fact getting that from the bank then I should not be paying that high of a price at all.

Expert:  Jo C. replied 2 years ago.
I am very sorry but I do not think I can add anything to this so I will opt out for others.

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