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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In a event if a customer became unsatisfied with the services

Resolved Question:

In a event if a customer became unsatisfied with the services provided and have made accusations against the general advertisements of the services provided but were told that:
The issue will be fixed
There was no such fact supporting the customers accusation
However, issue was never fixed and there was an exclusion clause covering the accusations, they have never embarked on such exclusion clauses until legal action was take.
What could be done in the situation above?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Whilst I see your question - perhaps you could just explain the situation a little more ?

Customer:

hi

Alex Watts :

Hello

Customer:

It's related to a financial product

Customer:

A brokerage product

Alex Watts :

okok

Alex Watts :

But what has happened please?

Customer:

So I thought it would be good if I'd talk the people at the company

Customer:

They said they'll fix it

Customer:

and I accused them of manual intervening my transactions

Customer:

Which they dully rejected

Customer:

No manual intervention is the central theme of advertisement in their service

Customer:

It's on the TV it's on the site

Customer:

then of course nothing was fixed and the problem persisted but did not worsen

Alex Watts :

Ok- so what do you want to achieve?

Customer:

Had a case with the Ombudsman but they covered everything via exclusion clauses and didn't take into consideration the unfair contracts terms

Customer:

Now i am threatening to sue

Customer:

then they show that they have an exclusion clause

Customer:

to seek for damages from their wrekless advertisements and on going seductions to convince me that the service is trustable when it isn't

Alex Watts :

Sue them for what, the term?

Customer:

as the trading volume was huge and they made half a million dollars off me

Customer:

no not the term

Customer:

but for misrepresenting the product

Alex Watts :

Ok.

Alex Watts :

What is your question of me today then about this?

Customer:

2. not fixing the product and have deliberately lied to me about the truth behind it

Customer:

ok the question is basically

Customer:

if the issue is not fixed and promised

Customer:

and said they do not have manual intervention

Customer:

but now legally admitting that they do

Customer:

what could i do in terms of the law in the differences on statements?

Customer:

which directly had an impact on whether i would stay trading with the firm

Alex Watts :

You could potentially sue for breach of contract and misrepresentation

Alex Watts :

But if you want to challenge their advertising and what they are saying that is different

Alex Watts :

You can't do that but Trading Standards or the TV regulator OFCOM can

Customer:

is it problem that

Customer:

when i accused them of manual intervention

Customer:

they said there isn't any

Customer:

then now they said there is but they're covered by an exclusion clause

Alex Watts :

That does not help you because their contract governs that and excludes it

Customer:

Ok

Customer:

so even if there is actually inrevention

Customer:

and they said there isn't

Customer:

and seduced me to stay as a client

Customer:

i couldn't pursue that?

Alex Watts :

But you said you didnt want to challenge the terms?

Customer:

I do

Customer:

if there are terms of to do

Customer:

i will

Customer:

it's a direct conversation

Customer:

with the head of business

Customer:

about my situation

Customer:

and 1. they said they'd fix it

Alex Watts :

You can challenge the terms in Court

Customer:

2. they said there's definitely no intervention

Customer:

but now there is

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

no

Alex Watts :

Great.

Alex Watts :

Is there anything else I can help you with today please?

Customer:

No

Alex Watts :

Ok - if I could invite you to rate my answer before you go today please. There should be a button at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you

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