GUILTY - Case# 2011-015 | traderforliving vs www.fantasydreamteam.com/ea.html

[Franz51]

Nino asked if the refund guarantee is valid for the discounted price and Richard answered "YES".

Only problem here:
Richard never intended to grant a refund to anybody.

Therefore he is playing the same dirty tricks ( intentional fraud ) to all his customers.

The way he justifies his fraud is a good example how crooks think
and act.

Guilty.

Just pay the money back , at the moment i'm very tempted in sending the link to all this to my friends at HMRC.....

Simon,
I don´t know what HMRC means but assume it has to do with taxes.
Usually scammers don´t pay taxes.

Is there a website where one can report Swaby to the authorities in England ?
Something like internet-fraud-prevention ?
I think it is time to get the attorney of state on this notorious scammer to stop him.

 

[Teodor Jackson]

Did I get it right?
Is Mr Swaby creator and owner of his Terms Of Use or is he just a clerk following some superior rules?

Please note - the customer wanted to make it absolutely clear he's entitled to the Money Back if buying for the discount price. He ASKED about it.
And got positive reply.

I read it very simple - the seler made an exception here.
It is absolutely natural a seller can make any exception to his rules if he wishes to. They usually do.
Like a discount price - this is an exception to the price tag rule.

Mr Swaby obviously made the exception:

No problem! Yes the 60 day guarantee is still available. But with this performance you will not need it ;-)

"still available" - this is where he made it.

But now he excuses with HIS rules like it was a legal act he must obey.

However one thing is not clear here: the purchase was done on 10 Dec 2010.
Protected by 60 days Money Back Guarantee no matter what the seller tries to say today.
But when did the customer ask for refund initially?

 

[Galina_K]

However one thing is not clear here: the purchase was done on 19 Dec 2010.
Protected by 60 days Money Back Guarantee no matter what the seller tries to say today.
But when did the customer ask for refund initially?

Obviously the refund request was made within the 60 days money-back-guarantee.

Von: Richard Swaby [mailto:rich*******]
Gesendet: Samstag, 5. Februar 2011 12:19
Betreff: RE: Two Percent Daily EA / Refund request

Hi Nino,

I understand your request for a refund. You will have to wait until Feb 25th however, as my PayPal account has been limited until then due to one complaint. Sorry for the inconvenience and I hope you can understand the situation and I kindly ask that you have some patience with me. The PayPal limitation has been a very stressful experience and I cannot do anything but wait until it is removed.

Regards,
Rich.

If you read the case which I filed against Swaby, you can see that he is treating all of his victims the same way.

Since no normal person ( or should I say: honest and ethical person ? )
would act like Swaby does, there must be a reason for his perverted and deceitfull behavior.

Swaby revealed the reason in many of his postings.

He thinks that customers who ask for a refund are trying to cheat on him.
He thinks that they want his EA for free .

Since Swaby is too lazy or too greedy or too stupid to protect his EA,
he invented his own "protection".

What is the protection we can call "Swaby style protection" ?

1. Promise a 100% money back guarantee in order to get as much buyers as possible.

2. Blame the brokers for the losses of the EA, although the EA is advertised as being "not broker dependant".

3. Blame the customer for using the wrong settings, although they use exactly the recommended settings.

4. If the customer insists on getting a refund,
point him to the terms and conditions , although those do not apply for the trial period.

5. If the customer is getting angry and is not using friendly words , telling him that he would have got the refund, if he wasn´t rude .

6. Ignoring all e-mails of the customer.

7. Stop supporting the customer.

8. Ignore reviews on FPA, ignore discussion threads, ignore court-cases.

9. "Defend" tactics by accusing FPA of being a scammer-website, of trying to ruin his reputation.

10. Stop posting on FPA.

Swaby is doing this all because he believes that once a customer has sent him 400 or 500 Dollars, the customer has lost all rights and the money belongs to Swaby.

Swaby doesn´t care about the performance of the EA. He claims that it is profitable although many buyers proved that the EA is constantly losing money.

He is contradicting himself about the performance because he continuously modifies the EA - in order to make it profitable, which proves that it was not as profitable as he claimed it to be.

The only thing he learned of the lost court-case against me was the removal of the money-back-guarantee on his website.

That is an evolution in his marketing career.
He was "bullied" into not lying to customers anymore about a guarantee which he never intended to honour in the first place.
FPA has helped him to not deceive potential customers anymore - which he did all the time before the first court-case against him was filed.

He doesn´t understand that he completely ruined his reputation by now.

Everybody who read the threads here on FPA will never do business with him, except those who don´t mind spending 500 Dollars because they have hundreds of thousands of Dollars and 500 don´t mean much.

At least they know that once they press the "send money" button, they will never see the money again, regardless what the EA will do on their accounts.

Everybody is warned.

 

[Teodor Jackson]

Thanks for clarifying Galina_K
Yes I read your case. And voted

Then is absolutely obvious the buyer is entitled.
The seller did a valid agreement made in this short text.
No matter what the real intention Mr Swaby had in mind.
Let's for a minute assume he said something he didn't mean - then he simply made a valid agreement by mistake.
But this mistake cannot be used as excuse to invalidate the agreement.

Pacta sunt servanda - this is the basic rule ancient Romans forged to get rid of Mr Swabys over 2000 years ago.
This old Roman rule is a CORNERSTONE of the modern law.

Yes - it's absolutely clear for me he didn't ever want to refund anyone.
His Money Back Guarantee is just a smokescreen to drive naive customers in.

One thing I don't agree with you - he's not any special.
I know many people of this kind. One of them admitted he made over $60 000 in one year on rookies.
He is just one of these small blatant "smart guys".

And I don't think he's concerned about his reputation - he perfectly knows many of his future customers won't bother to check first who they're going to deal with. This is the old scammer rule: "there is always another moron to come in and buy".

One day Mr Swaby comes across some bigger Mr Swaby...

 

[vincam]

I guess Richard gave up on his points since he has not responded to anything else, my vote at this point can only go one way. You mislead/deceived this trader Richard and refuse to admit it, on that you are guilty.

 

[traderforliving]

No answer from Richard Swaby

Hi

I sent the message bellow to Richard Swaby but he doesn't any longer answer me and ignore my message. This show finally that he never had the intention to refund someone.... The refund-guarantee was only a marketing trick to attract customers....

Thanks,

Nino


-----Ursprüngliche Nachricht-----
Gesendet: Donnerstag, 24. Februar 2011 01:25
An: 'Richard Swaby '
Betreff: Two Percent Daily EA / Refund request

Hi Rich

I forgot that I have saved the terms when I purchased your EA. In the attachement you can see yourself, that no one word is wrote about discount link with no refund guarantee. You have changed the terms later to avoid to pay the guarantee you have given me at the time of purchase.

So stop to joke with me and be a serious seller and finally refund my money.

Thanks,

Nino



-----Ursprüngliche Nachricht-----
Von: Richard Swaby
Gesendet: Sonntag, 20. Februar 2011 00:07
Betreff: Re: AW: AW: Two Percent Daily EA / Refund request

I don't need to tell you the terms via email. They are on the site. You are wasting our time. I never agreed to give you a refund if you had used a discount link. I am sick of repeating myself. Do not bother with fpa because they know the terms of my site and there is nothing to claim against! Whatever the outcome you will not get a refund as per the terms you agreed to when buying the ea. Now leave me alone. I am not threatened by the fpa, I have my rights just as much as anyone else, and my terms and conditions cover me. If anyone cannot see that they are blind. Use a discount and no refund. End of story.
Sent from my BlackBerry® wireless device

 

[vincam]

Von: Richard Swaby
Gesendet: Sonntag, 20. Februar 2011 00:07
Betreff: Re: AW: AW: Two Percent Daily EA / Refund request

I don't need to tell you the terms via email. They are on the site. You are wasting our time. I never agreed to give you a refund if you had used a discount link. I am sick of repeating myself. Do not bother with fpa because they know the terms of my site and there is nothing to claim against! Whatever the outcome you will not get a refund as per the terms you agreed to when buying the ea. Now leave me alone. I am not threatened by the fpa, I have my rights just as much as anyone else, and my terms and conditions cover me. If anyone cannot see that they are blind. Use a discount and no refund. End of story.



It is you who is blind Richard, yet again the traders here have voted you guilty. What does that tell you? That we are all screwed up and you are the only one who is right? You can feed whatever BS you want to someone as long as you insert some clause in your terms that you think covers you. We are sick of repeating ourselves as well and I can only hope that everyone does leave you alone and no one buys your EA. You are a marketer with horrible customer service at best and a scammer at worst.

 

[Galina_K]

Hi

I sent the message bellow to Richard Swaby but he doesn't any longer answer me and ignore my message. This show finally that he never had the intention to refund someone.... The refund-guarantee was only a marketing trick to attract customers....

Thanks,

Nino


-----Ursprüngliche Nachricht-----
Gesendet: Donnerstag, 24. Februar 2011 01:25
An: 'Richard Swaby '
Betreff: Two Percent Daily EA / Refund request

Hi Rich

I forgot that I have saved the terms when I purchased your EA. In the attachement you can see yourself, that no one word is wrote about discount link with no refund guarantee. You have changed the terms later to avoid to pay the guarantee you have given me at the time of purchase.

So stop to joke with me and be a serious seller and finally refund my money.

Thanks,

Nino



-----Ursprüngliche Nachricht-----
Von: Richard Swaby
Gesendet: Sonntag, 20. Februar 2011 00:07
Betreff: Re: AW: AW: Two Percent Daily EA / Refund request

I don't need to tell you the terms via email. They are on the site. You are wasting our time. I never agreed to give you a refund if you had used a discount link. I am sick of repeating myself. Do not bother with fpa because they know the terms of my site and there is nothing to claim against! Whatever the outcome you will not get a refund as per the terms you agreed to when buying the ea. Now leave me alone. I am not threatened by the fpa, I have my rights just as much as anyone else, and my terms and conditions cover me. If anyone cannot see that they are blind. Use a discount and no refund. End of story.
Sent from my BlackBerry® wireless device

Nino,
when Swaby mentioned that in his terms and conditions a discount excludes the refund-guarantee, I thought immediately that he is lying because when we bought the useless EA that condition was definitely not in the terms.

Swaby invented this condition only to refuse the refund he has promised you.

Now Swaby decided to don´t care about FPA and his reputation anymore.
Stealing 400 Dollars from you is more important to him than keeping his word and acting like a normal and ethical person would do.

He truly is a liar, a thief and a scammer ..... my conclusion about him was correct.

There must be a way to get the police involved into this and to bring an end to this criminal.

Please, traders from the UK, let us know how to proceed with your authorities, whom to contact etc.

In the USA, there is a FBI department which is responsible for online-fraud, but is there a similar authority in Great Britain too ?

For a non-UK citizen it is probably very difficult and expensive to get help from a lawyer. Swaby knows this and since Paypal and VISA do protect him, he feels safe with the stolen money.

When he sent me my refund, he did care a little bit about his reputation because he intended to sell more copies of his useless EA (which is now profitable of course, whoever believes this),
but now he made up his mind that he will steal publicly and not return a cent to his victims.

For such persons only the police and a judge can bring the necessay punishment.

 

[f-man]

Where is the performance test?

I have a suspicion, that Richard doesn't want to start the FPA performance test

Richard, don't you trust your system anymore?

 

[Stormin_Norman]

poor nino. it happened to me too.

what i would like to know is - is this website the same person?

Forex News Trader | Forex Software | Forex Robot | Forex Strategy

i feel it should be investigated to put a warning out on it too - or else its just the same leopard, with the same spots.