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The offer discounts are in writing, where they advertised the costs of execution would be 40% less than a normal account. Under the basis of the more you trade with this broker, the more discounts you get. I was on a 60% mark down, where execution costs are around 0.006% of every single position size, however, the system was very bad and had filled me at a price that's 0.05%, around 500% more expensive than what the platform had showed as well as the discounts table.
Hence the platform is not fit, as well as the discounts never stood up.
It was on the basis that they said it was fit for purpose and the discounts yes indeed .
But I want to know if I have a case based on what's been said
Even if there are exclusion clauses and conflicting terms and conditions in the terms of business these will still become express terms and be legally binding?