TomTom's case, taken at face value and as outlined by him seems a good case to me IF he can supply the evidence. Secondly, a court hearing is likely to be far more impartial than the farce he appears to have experienced at the hands of the FOS. Remember that whilst FOS rulings are binding on regulated firms, if a complainant is still unhappy with the outcome the option to litigate is there.
It appears to me that had TomTom had a fair and complete assessment via the FOS things wouldn't be where they are now.
Also, it should be noted that anyone who can spreadbet the DAX at £2000 per point has got deep pockets too. Maybe not as deep as CMCs but hey...
Like I said, it all depends on how strong TomTom's case is when it's all set out by his solicitors and put to CMC. Their legal team will inspect and review the evidence and formulate an opinion and a response based on what they think can be argued and proven. That's what it all comes down to - not who's right or wrong - unfortunate as that may sound. They may well therefore settle out of court if it suits them better.
Claudia, the issue of libel only comes in if TomTom states anything negative about CMC which is untrue and or cannot be proven. Libel does not arise just because you choose to complain or take legal action to obtain redress if you feel you've been unfairly treated.
It appears to me that had TomTom had a fair and complete assessment via the FOS things wouldn't be where they are now.
Also, it should be noted that anyone who can spreadbet the DAX at £2000 per point has got deep pockets too. Maybe not as deep as CMCs but hey...
Like I said, it all depends on how strong TomTom's case is when it's all set out by his solicitors and put to CMC. Their legal team will inspect and review the evidence and formulate an opinion and a response based on what they think can be argued and proven. That's what it all comes down to - not who's right or wrong - unfortunate as that may sound. They may well therefore settle out of court if it suits them better.
Claudia, the issue of libel only comes in if TomTom states anything negative about CMC which is untrue and or cannot be proven. Libel does not arise just because you choose to complain or take legal action to obtain redress if you feel you've been unfairly treated.
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