Evening Steve, Thanks for taking the time to post on the original subject of the thread. It did start to get alittle of subject there, not that I mind of course, exchange of information is king imho, I really like sites like these.
Yes, I looked into the Small Claims Court situation but a friend who is a bit of a legal eagle has suggested that the FSA and Ombudsman should be very interested in what has gone on as spreadbetting is still really an expanding new business. The only way the FSA are going to really learn the problems that the 'grass roots' users have to put up with is if the punters inform them of situations that have cropped up and then not been dealt with correctly.
I do plan to take IG to court to recover the monies they have cheated from me. However, a positive outcome from the enquires made by the FSA / Ombudsman could almost leave the court case as a formality if they indicate that my complaint is fully justified.
So the advice that I have had from my friend is basically to prepare the case notes carefully and not to hurry things jut to "get my day in court". It is infact sound advice which one hopes will result in a satisfactory outcome. It would be good however if it did go to a hearing and I could directly question IG's legal representative on his rather peculiar interpretations of the T&C - I'm fairly sure from reading the last few letters that IG have sent me that the guy in question would be tied up in knots !
The outcome of the case does, of course, have wider ramifications for IG Index. If I am successful then IG will have to offer the service they advertise and start processing orders in the manner laid out in the T&C. In essence that is, in my opinion, the reason why IG couldnt find in my favour on this issue when I first contacted compliance. I think they knew that they couldnt allow a customer to complain that an order hadnt been excepted. You see, over a period of time it would seem that dealers have become conditioned to tell customers that according to the T&C they have no right to expect orders filled at quoted prices. This is obviously untrue and the T&C show that for an instruction to be declined the order has to be invalid at the time it is placed.
If IG would have excepted my complaint and upheld it then it would have also been obvious to them that I would tell others about my successful challenge. This then presents obvious problems for them - ie other people starting to challenge them too.
In the end I hope the outcome of the case will be of benifit to all. The financial authorities need to take a close look into the world of spreadbetting and make some hard and fast rules which all companies should have to adhere to. There are two many companies about that what to have it both ways or operate their platforms in such a way as to extract a big edge (as well as a big spread).
Have a good weekend,
Steve.