One of the shortest and most sensible posts on this thread.You haven't lost £5500 - you never had it in the first place. You've lost nothing, count yourself lucky and move on.
One of the shortest and most sensible posts on this thread.You haven't lost £5500 - you never had it in the first place. You've lost nothing, count yourself lucky and move on.
Steve, why don't you make a deal with this fellow? Share the profit if you win in court. If you lose likewise, share the costs for the trial. My guess is that you are not interested in such an adventure, because the prospect of winning such a case is just too slim.Legally speaking you would have a reasonable chance of getting the money from them. Why? Because they entered into a contract with you. Dispite what their T&C might say spread bets are enforceable by law. This means that the law looks at the situation very simply - if they dont want the liability then they shouldnt 'accept' your proposal to bet.
When you opened the bet 'legal title' to the asset passed from them to you. In law they cannot just claim this back as they see fit. This is because a contract (in terms of the bet) has been formed.
We've been having a slightly similar conversation on the Capital Spreads thread.
The bottom line is that you proposed a bet to them which they accepted - the bet is therefore binding.
It is no different to firms who sold stuff online for wrong prices. Once the contract was formed with the clinets they had to make good on delivery.
In my opinion all the firm could really do is approach you and ask you to cancel the bet and explain their reasoning. The final outcome would be down to your choice and not theirs.
Steve.
I wonder what the trial costs would be for such a case if it went against you. We are talking about a considerable amount of money, if the case were to be settled in court.My guess is that he wouldn't want to do it because:
- there are much easier ways to make the money
- he doesnt live in London so it would be a huge hassle.
Thank you so much Steve for all that helpful advice. I have 2 questions.
1. I am quite busy at the moment and don't really have time to bring this to court. Do you think my chance of winning this legal battle is still the same if I do it in let's say 6 months?
2.Should I really get a laywer, or can I just present the case to court without one? laywers seem to charge way too much (about £180/h after VAT added, and they love to claim hours that they spend typing the documents or whatever too)
Maybe Steve would be interested in becoming his lawyer.You can bring a claim to small claims court ,but I am not up to date on the claims ceiling value anymore. Thought it was up to £5,000 ,but that may no longer be the case. In that event you can represent yourself just paying the court application fee which is probably between £150 to £200 pounds ish.
In the event that you have a claim for £5500 and that was above the ceiling you might wish to consider dropping the value claimed to get under the value claimed ceiling simply to get into the legal process without paying for solicitors.
Nicely the other side cannot claim any legal costs either ,nor indeed are they likely to get any additional costs re time etc. So that put's you on an equal footing.
What isn't clear to me is if you brought a case in small claims could the SB have it referred to County court and negate what you are trying to do in avoiding legal costs, I don't know the answer to that.
Not bad to say I didn't want to talk about contract law anymore !
I'm not particularly interested in posting about contract law anymore other than to say I have been through it enough times to get the message into my thick skull that in terms of costs and aggravation it is worse than the probabilistic outcomes of learning to trade. Period. Understand that first and foremost the legal profession is the biggest winner...sound familiar ? Christ I could write a book on this stuff.
I am new to spread betting. My money comes from winnings in poker in the last 3 years. just out of curiosity, anyone else on this site play poker too? I play poker online professionally at 25/50$ blinds level.
Thanks for the responses from everyone.
It might be off topic but this is something I wrote on another thread.What I do wonder is how accurately the prices quoted on SB platforms reflect the the price of the real underlying instrument. I trade on CMC and they seem to have a pretty bad reputation. However is this deserved if they are quoting real prices or is it just a case of people trading poorly and without discipline and then just blaming the SB platform minstead of accepting responsibility for their poor choice of trade?
Gamma,
Why do you use SB's rather than DMA? Surely you would be better off.