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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What is misrepresentation? I have a scenario which I would

Customer Question

What is misrepresentation? I have a scenario which I would wish to explore on whether misrepresentation happened.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Misrepresentation is where statements are made that turn out to be false and you relied on them. But you must have relied on them to be misrepresentation to induce you into the contract.
Can I clarify anything for you about you today please?
Customer: replied 2 years ago.

What about mis-selling.

Let's say a financial brokerage firm had two platforms one for retails and one for professionals. They claimed that the retail platform is as good as the professional platform and although my needs are institutional, there is no need to go for the professional platform and I could just use the retail platform.

This turned out to be completely false and the execution costs as well as capabilities turned out to be nothing near a professional standard.

In another review with this broker, stating again my needs, they have claimed that there are certain capabilities in the platform which they didn't raise first time round, however, this did not exist. Again, second time round with a larger deposit and a request to review into the platform, I was again pointed to the retail platform promising that the problems in my first time round would be fixed.

However, this was never fixed and the issues persisted leading to losses. And when I have raised a formal complaint with the staff at the most senior level, they then tell me that I should use the professional platform and ditch the retail one.

Do I have a case?

Expert:  Ash replied 2 years ago.
Did they only say it was as good as rather than say it would do X when it could not?
Customer: replied 2 years ago.

It was as good as as "fit and purpose" for my needs hence there is no reason for me to use the professional platform and I could use the retail one.

Mind you a fact that retail platform pays them more commission than the pro platform

Expert:  Ash replied 2 years ago.
Ok. What is it you want to achieve? A refund? If so how much was it?
Customer: replied 2 years ago.
Not a refund but claim for damages as execution was very poor leading to losses as well as the amount of deposited money. But how do I structure my claim. Mis-selling and misrepresentation?
Expert:  Ash replied 2 years ago.
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 signed 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.