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Hello my name is ***** ***** I will help you with this.
Whilst I see your question - perhaps you could just explain the situation a little more ?
It's related to a financial product
A brokerage product
But what has happened please?
So I thought it would be good if I'd talk the people at the company
They said they'll fix it
and I accused them of manual intervening my transactions
Which they dully rejected
No manual intervention is the central theme of advertisement in their service
It's on the TV it's on the site
then of course nothing was fixed and the problem persisted but did not worsen
Ok- so what do you want to achieve?
Had a case with the Ombudsman but they covered everything via exclusion clauses and didn't take into consideration the unfair contracts terms
Now i am threatening to sue
then they show that they have an exclusion clause
to seek for damages from their wrekless advertisements and on going seductions to convince me that the service is trustable when it isn't
Sue them for what, the term?
as the trading volume was huge and they made half a million dollars off me
no not the term
but for misrepresenting the product
What is your question of me today then about this?
2. not fixing the product and have deliberately lied to me about the truth behind it
ok the question is basically
if the issue is not fixed and promised
and said they do not have manual intervention
but now legally admitting that they do
what could i do in terms of the law in the differences on statements?
which directly had an impact on whether i would stay trading with the firm
You could potentially sue for breach of contract and misrepresentation
But if you want to challenge their advertising and what they are saying that is different
You can't do that but Trading Standards or the TV regulator OFCOM can
is it problem that
when i accused them of manual intervention
they said there isn't any
then now they said there is but they're covered by an exclusion clause
That does not help you because their contract governs that and excludes it
so even if there is actually inrevention
and they said there isn't
and seduced me to stay as a client
i couldn't pursue that?
But you said you didnt want to challenge the terms?
if there are terms of to do
it's a direct conversation
with the head of business
about my situation
and 1. they said they'd fix it
You can challenge the terms in Court
2. they said there's definitely no intervention
but now there is
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.
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.
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.
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
Can I clarify anything for you about this today please?
Is there anything else I can help you with today please?
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
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