Still waiting for a response (from some-one authorised by the FSA) 6th August
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Capital Spreads
Guillermo Lopez-Perez
Compliance Department
4th Floor, 12 Appold Street, London, EC2A 2AW
7 June 2008
Dear Mr Lopez-Perez,
Complaints against Capital Spreads (London Capital Group)
Summary
I am writing to complain about a number of matters relating to my trading account with Capital Spreads. The financial consequence for me, personally, appears to be the incorrect removal of thousands of pounds from my client funds account. The issues raised possibly affect all client accounts at Capital Spreads since it began trading approximately four years ago and the overall financial consequence could be measured in many hundreds of thousands of pounds.
1. Complaint about removal of funds from my client account without permission and failure to refund amounts when requested. Complaint about the lack of help offered in calculation of amounts taken incorrectly from my client funds account.
2. Complaint about failure to re-instate contract, closed in error, when requested.
3. Complaint about failure and refusal to provide transcripts or recordings of conversation requested in connection with complaint (or for use as evidence in legal proceedings).
4. Complaint about failure, generally, to close transactions promptly
5. Complaint about the failure to handle my complaints (above) properly, fairly and in accordance with FSA requirements and guidelines.
Background and History
I have actively traded on my financial spreadbetting account with Capital Spreads in recent months, particularly in March and April of 2008 and have had an account with the company for a number of years. There have been approximately one thousand transactions this year and the gross value can be measured in hundreds of thousands of pounds.
There were losses on the account and I took steps some months to identify if these were solely the result of my trading style or if, perhaps, some of the losses could be attributed to Capital Spreads. I carried out a detailed analysis of my account, began to closely check transaction details and carried out some trading in parallel with a newly opened account with a competitor.
By April I had identified a number of problems:
Transactions were being closed at an incorrect value.
Excessive delays in closing transactions were noted.
Contracts could not be opened with Capital Spreads but they could be opened with a competitor simultaneously.
Overnight financing charges appeared to be unrealistic and excessive.
April 2008
I first broached the subject of contract closures at incorrect values directly with Capital Spreads in April 2008 by telephoning Customer service department by asking for the close-out value for a particular transaction to be checked as it appeared to be wrong. I indicated that I had changed the “stop-level” just before the market moved to the point of my original level. I was advised that there did not seem to be a problem and that I was wrong in believing that there was an error. I was NOT advised of any known relevant defects with the Capital Spreads accounting system at this point in time. Unfortunately, I did not take a note of the name of the female who dealt with the matter or cannot provide details of the transaction at this point in time.
I have screen shots of trading transaction on 8 April and 18 April and thus any transactions on these dates might be disputed again in the light of subsequent matters. Probable transactions noted below.
8 April 11.53 etc Sell 30 GBPUSD
18 April 12.57 Sell 20 EURUSD
Wednesday 23 April 2008
I telephoned Customer Services at Capital Spreads and spoke to Jane Pasquali about the close-out price of a contract.
22 Apr 8.07:40 Sell 10 x GBPUSD Rolling Daily at 1.9740 GBP (1,000.00)
Subsequent correction.
22 Apr 8 9:16 Correction 200.00
Jane's initial response was that she had taken a “quick look at charts” and everything seemed to be in order. When pushed, the matter was referred to “the head dealer” who confirmed that it would be in order to refund GBP 200.00 My conversation was limited to contact with Jane and I did not speak to a dealer.
The explanation was that the stop had been edited by me within seconds of the original stop level of 1.9760. The contract was erroneously and automatically closed out (by the computer system, not manually by a dealer) at the revised figure.
It should be clear that from the outset I was aware of the actual cause of the problem and explained the issue to Customer Services when first telephoning. The initial incorrect and misleading response is in itself a serious problem.
I discussed the matter in some detail with Jane and made a point of establishing that amendments to the order were “time-stamped” so that the matter could be audited should the problem arise again. I did not consider that Jane was sufficiently competent to deal with the matter alone and asked her to specifically check with her seniors before confirming, again, that the time-stamping was recorded and clearly of use when examining stops which had been amended just seconds before transaction closure at the original level (prior to amendment). Jane confirmed that we would be in a position to audit results.
Thursday 24 April 2008
A similar problem of closure at an incorrect level occurred with a another contract.
24April 08 9:12 Sell GBPUSD Rolling Daily at 1.9680 GBP (2,580.00)
24 April 08 9:58 Correction GBP 300.00
Stop originally at 1.9710 and edited to 1.9680 seconds before original stop level hit and closed out in error at the amended level.
Again, I telephoned Customer Service at Capital Spreads.
The initial response by Cola Bamiro at Capital Spreads was that she had “a quick look” at the charts and everything seemed to be in order. When pushed, she referred to matter to a dealer. I requested, before she consulted her colleagues, that the contract be re-instated rather rather than just refunding the amount taken in error.
Cola returned to me with the offer of the refund and made no reference to my request to re-instate the contract.
I indicated that I was not satisfied with the response and and that I wished for the matter to be referred to some-one more senior., (i.e. a person more authority and knowledge) and also that the matter should be treated as a “complaint” under FSA terms.
I received a phone call from Sarah Howard-Williams and we discussed the matter again. I indicated clearly that there were likely to many instances of the problem on my account.
Her initial response was that I would have to write everything down in an email and leave them to look at the matter. I advised that, in my opinion, complaints did not have to be in writing and asked I was not going to be fobbed off by having the ball put back in my court. I indicated that there were numerous instances of the use of an incorrect close-out rate on my account and that I viewed the matter as very serious and that it was clearly of relevance to all other CS clients.
We closed the conversation with an agreement that Sarah would look into the matter and have conversations with Jane and Cola and get back to me. I indicated in particular that there was some uncertainty about the timing of the editing of the stop level – i.e. Before or after the stop was hit.
The following Monday, Sarah returned to me and indicated that she had discussed the matter with Simon Denham (a director with executive responsibilities and a competent understanding of Capital Spreads accounting procedures and the technical aspects of trading). Although Sarah had previously suggested that she might be able to have some-one at Capital Spreads analyse the transactions on my account, when time was available, over a period of months, this offer was no longer available . Apparently Simon Denham was fully aware of the exact nature of the defect in the Capital Spreads accounting system (as was Sarah). Simon Denham adopted the view that if I wrote to them with details they would look into the matter, item by item, but no attempt would be made by Capital Spreads to quantify the extent of the problem and to make the necessary refund of funds taken in error. This appears to a demonstrate a complete lack of understanding of the FSA guidelines for “treating customers fairly” and for the handling of complaints.
It should be pointed out here that a number of individuals at Capital Spreads are aware of the problem – Simon Denham, Sarah Howard-Williams, supposedly “the Head-Dealer,” also, as the problem appears only to lead to funds being “taken in error” and not “given in error”, the system engineer(s).
We moved to a point were it was quite clear that I would not be fobbed off and that she would be no longer able to help me as the matter was a complaint and this would have to be handled by the Compliance Department.
My telephone call was transferred to Guillermo Lopez-Perez, who, I believe, is head of compliance. We had a brief conversation in which I made clear my position again. His response was not dissimilar to that of Sarah Howard-Williams – the onus was put back on me to deal with the matter. I again stated clearly my position that I had raised a valid complaint and that I expected the matter to be dealt with properly and fairly by Capital Spreads and that the onus was on them to identify errors and make the appropriate refund.
I indicated that (as I had already identified specific errors on may account and had good reason to believe that there were many others and also that I had spoken at length with a number of his colleagues) and that I thought it would be sensible for him to communicate with them in order to establish the best way forward. Guillermo Lopez-Perez indicated that he would get back to me very quickly by telephone or email.
14th May 2008
I telephoned Sarah Howard-Williams and indicated that I had not had a response for two weeks or so. I also asked Sarah Howard-Williams to obtain recordings or transcripts of my conversations with her, Jane Pasquali and Cola Bamiro. I indicated that my particular interest was in the statements about time-stamping of order amendements.
15th May 2008
I telephoned Mr Lopez-Perez and explained that it was some time since I had heard anything. I asked for an update on the handling of my complaint. I indicated that I did not consider his response to be in line with FSA Complaints handling rules. (I would have expected a formal acknowledgement of the complaint, details of the person handling the complaint and a likely time-scale for resolution at the very least).
My conversation with Mr Lopez-Perez was unproductive as he had moved to a position where he seemed to limit his responsibility to the checking that Capital Spreads had complied with FSA rules and that he had no responsibility for processing the complaint. The actual complaint was seemingly no longer being handled by Customer Services Department or The Compliance Department. I indicated that I considered his behaviour and that of his colleagues to be disgraceful and that I did not think that I had been treated fairly.
I asked Mr Lopez-Perez if he would obtain a recording or transcript of my conversation with him. I also advised that I had also asked Sarah-Howard Williams for transcripts/recordings of my conversations with her (and others). I again asked if he would arrange for these to be made available in the context of my complaint. He indicated that he was unwilling to help with this matter. The conversation closed after I had confirmed that I would be putting my complaint into writing and expected it to be dealt with properly.
Friday 31 May 2008.
No further communication received from Capital Spreads by 6 June 2008. In effect, the 8 week time-scale for complaint handling has passed. I suggest that this problem of poor handling of complaints by Capital Spreads is widespread and warrants investigation by the FSA.
Conclusion
I have documented a number of complaints in this letter and have given sufficient information and cause for Capital Spreads to deal properly with the problems I have identified. Clearly, the return of amounts deducted in error from my client funds account has priority. I am happy to negotiate an overall solution which takes all complaints into account or we can deal with them one by one.
I am enclosing a short list of indicative transaction which should be investigated . The list represents a sample of dubious transactions and is NOT a comprehensive list of errors – regrettably we are going to find many more! My feeling is that a detailed audit of my account would be justified (either by Capital Spreads or at the expense of Capital Spreads) should this sample contain other instances of contract closure at an incorrect level. I believe that the number of errors identified is large enough to provide a statistically significant estimate of the overall extent of the problem. My estimate is that the refund duee will be in the region of GBP 5,000.00 (say 2% of the throughput on my account) but I accept that it could be higher or lower. I also formally draw your attention to the likelihood that similar errors will have occurred on my account in previous years and request that you take this point into account when considering your response to me.
I have set down, for the record, other complaints which have not been the discussed at length in my telephone conversations with customer services and should be grateful if you can advise me on how you propose to deal with them. In addition to this, should you fail to resolve these matters raised in this letter, please be advised that I will also dispute the overnight financing charges for rolling trades which I believe to be unfair/excessive.
Yours...