GUILTY Case# 2012-056 | Kovacs Norbert vs fxopen.com

Based on the available evidence, do you believe that fxopen.com is guilty?

  • Guilty

    Votes: 103 82.4%
  • Not Guilty

    Votes: 22 17.6%

  • Total voters
    125
  • Poll closed .
My apologies for the misunderstanding. To clarify, no, I am not associated with FX Open in any way. I had an account with them years ago but not currently. Just as you felt no choice but to defend Kovacs, I saw the attacks against FX Open and felt I had no choice but to defend them because I think they are right in this case and no one else was standing up for them. It's in our human nature to defend against injustice and that's what both you and I are trying to do. :)



That's the issue. According to FX Open and the logs they provided, the price that was seen on the chart is not the price that the order was filled it. The screenshots and logs provided by Kovacs don't "prove" this but certainly imply it. It was not "what the trader saw & clicked". This is why Kovacs can't repeat his great performance - the orders were filled at the wrong prices, which weren't displayed on the chart. I have seen this same glitch occur at another broker, and so has "along" (post#93768)

If the broker or the liquidity provider were financially responsible for all technical issues, the retail Forex market would go away very quickly. I think you will find that no technology company can afford to be financially liable for the result of technical glitches. If they were, we wouldn't have server farms or ISP's. Computer manufactures would shut down production. When issues like this occur, the vendor (in this case, FX Open) does what they can to satisfy the client, but they aren't going to give him $40,000...

Okay, I'm done now. I don't think this case is going to result in anyone being satisfied. The history of dozens of brokers scamming their clients has caused us, as traders, to assume a broker's guilt regardless of the situation. We've all seen or been hurt by manipulation or unfair policies that cause us losses and we hate it. PFG's recent fiasco doesn't help, it just adds fuel to the fire. Just because I think FX Open is right in this case doesn't mean I think they're always right, nor do I think every broker is honest. There's way too many scams in this market and we all need to be careful.

I apologize for the lengthy posts,

Scott

What are you talking about??!!

It's not about human nature to defend or anything like that!! I do not look at things like that but what I see as the Truth.
What Facts show.

It is simple, the broker admitted that it was the the LP fault. But they do not want to pay their client the money he gained, how does both broker's excuses meet??
Can't get how the LP send orders to broker, it shows on chart something and during execution another thing, I didn't reach that High Mental Degree Yet:D of Fxopen genuine fabrication mind!!
Just a remark, You must mean by "the price that was seen on chart" this: shown on the bid/ask price tab because mainly it differs from chart price few decimals but in Fxopen it's not because they don't offer decimals, so it do not make a difference in Kovacs case.

Your sentence "If the broker or the liquidity provider were financially responsible..." is totally misleading and not logical
Who's responsible of brokers mistakes!? ME YOU WE CLIENTS!!! Let them upgrade, update their servers, by new ones, do not care what they do, they are winning from us TRADERS, to keep their old software!! I do not care anyway, want a Good Service, that's why I'm paying them spreads.
All that computer, companies will shutdown words by you are empty of meaning or any target goal.
Let them find other job then, than robbing clients.
Hadn't you ever heard of companies refunding clients accounts because of errors, or why should their be NFA, CFTC, FAS and others found if there always exist technical problems, so let the brokers throw it at clients.
Hadn't you ever heard of Big Companies in different categories apologize to clients for any errors in their products??
or others were obliged to pay thousands if not millions for such mistakes or errors or bugs..

A Life example: A World Wide Mineral Drink(will not say the name, they proved respectful), once my friend found a kind of mosquito(UH disgusting when I remember) in the bottle while filling it in cups. Directly told me look WTF is this!!
I told him do not worry(always have the detective mind status;), I'll take it to the company and tell them what happened.
Told him to refill the bottle, and with my face directly to the company.

When reached there asked to see the manager, got excuses from the Secretary "He's too busy, in a meeting, must have an appointment.."
Told her: I have an urgent case regarding your company product, DO YOU SEE THIS(showed her the mosquito), I have nothing today, waiting for him all day, when he becomes available tell me, am here waiting..
After some 15 minutes, calls in/out started to appear more than usual, then after some 45 minutes, she said the manager responsible to such cases can now see you..
I started with I'm you're customer from long long time(maybe before I was born and they existed:)).
He was too friendly, smiles.. as welcome gestures then showed very surprising sad signs on face during telling him the incident that happened. To then take my full name, address, phone number..
To make it short, at end said he'll personally deal with this incident causes and take total necessary measures.. Apologizing.. this is the only one time they received such claims..Blah Blah you know

In the way back to my car, heard someone coming saying Sir Sir one minute please! It was some employee, then came another one carrying 3 Big Boxes which I discovered later on that each was full of bottles of their products. Then said the manager repeat his apologies and hopes you'll always be satisfied with our products from now on..

A Respectful Company in any sector do not say, it's one of our retailers who made the mistake, we're not responsible, will not charge him, the loss is yours not ours.
Or come to public and say you are the cheater, you are a big lie, we'll sue you.

Don't you know that in restaurants(at least) the manager tells the waiters: "The Customer is always right"
Ofcourse not blindly or in any abnormal case.

But, that sentence alone must be enough to teach Fxopen a Big Lesson.
----------------------------------------------------------------

Tell me, why my broker reopened the closed orders(broker closed at nonexistent price)??
Because it knew that was the broker error, fixed it and both parties were happy.

Other broker could had fabricated an excuse like Fxopen one, that their LP sent them prices at that value at that time.
Tell me why Fxopen aren't going to give Kovacs the 40000$??!, just because it's that amount, if it was 400$, they could had gave him it?
So, the case now is about the amount of money or the error and what it caused, even if it was a cent.

The broker is not guilty regardless of the situation. Bring for me any case the broker proves not guilty and will stand with it.
FPA do not have the hobby of attacking brokers/cmpanies but just to return to the victim the money robbed by those Scam Companies and to warn clients from dealing with them.
You did not realize that, there's no case that a client robs a broker:), unless it's some Weird Genius living on another planet, never heard about!

Stop repeating the same ridiculous predictions: "Kovacs can't repeat his great performance - the orders were filled at the wrong prices"
You know why??
Had you or Anyone ever heard about George Soros!!??
Ofcourse, many had heard about the Guy who once broke the Bank Of England.
Had the BOE come back to him one day and ask how you did that, it was a cheat(the LP sent wrong prices;)) and if you were that Good, repeat it!!!
Ofcourse not. At first that's non of their business. The trader job is not to send daily reports to the brokers about way of trading.

Second, Some Big Records in life are very difficult to be or can't be achieved again because it had been achieved under certain circumstances & Very High Performance

Or will we see at every competition for example Usain Bolt repeat his same records or break the world record of 100meters till maybe it becomes 5 seconds:cool:

Let your comments carry some kind of logic thinking without emotions, not because everyone is attacking the cheater lets stand beside
Things don't work like that!!

Fxopen is Guilty
 
I was thinking of signing up for Fxopen to open a live account before reading all these threads. Now I really have to think twice before doing it.
Maybe FxOpen is out of my consideration.

By the way anyone knows which FX company offering good spread and most importantly not a Scam Company?
 
I was thinking of signing up for Fxopen to open a live account before reading all these threads. Now I really have to think twice before doing it.
Maybe FxOpen is out of my consideration.

By the way anyone knows which FX company offering good spread and most importantly not a Scam Company?

I am using Hotforex, till now no big problems at all.
 
Just thinking out loud on a supposition question!

FxOpen is in the list of brokers of the International Association Of Forex Traders (IAFT).
If Kovacs had signed up via the IAFT, in the event that this case go for vote and FxOpen is found "guilty", will the IAFT compensate Kovacs for the lost profits??

At IAFT site, it's stated, Quote: "The International Association of Forex Traders has a reliable insurance fund that provides traders the reimbursements of damage caused by the organizations that give access to the world financial markets. If your broker breaks the concluded contract, and the fact is confirmed by the independent investigation, we will reimburse your losses.

The compensation from the insurance fund is possible if IAFT confirms violations on the part of these organizations and cannot legally resolve the disputable situation.

The insurance fund is a guarantee of your financial security. IAFT cares for the safety of your deposits, as more brokers tend not to follow their obligations
....." Unquote.

As I have stated above, this is a supposition question/wonderment and it would be most interesting if IAFT representative would care to shed some light on how they would handle this case....on a supposition, of course!


At IAFT site, it also mentioned they will provide "legal help" in resolving client's case and, Quote: "Legal and information protection of traders is the main goal of our professional lawyers who are ready to defend your rights at all levels if necessary.......Now you can always rely on us in conflict situations. If a broker does not adhere to its obligations, violates a concluded contract, ignores emails or does not answer your calls, you can contact us and we will help you.......3. If we were unable to reach an agreement, we help the trader to initiate the trial and work with him/her until we win the case. In this case IAFT members receive free legal support at all stages of legal proceedings, including representation in court.

4. If the case is unpromising or we failed to prove in court that the trader is right, the trader's loss will be reimbursed from our insurance fund.
Unquote.


I do hope IAFT representative can reply adequately on how they would handle this case, since that will most definitely do wonders for their image here at the FPA.
 
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Just thinking out loud on a supposition question!

FxOpen is in the list of brokers of the International Association Of Forex Traders (IAFT).
If Kovacs had signed up via the IAFT, in the event that this case go for vote and FxOpen is found "guilty", will the IAFT compensate Kovacs for the lost profits??

At IAFT site, it's stated, Quote: "The International Association of Forex Traders has a reliable insurance fund that provides traders the reimbursements of damage caused by the organizations that give access to the world financial markets. If your broker breaks the concluded contract, and the fact is confirmed by the independent investigation, we will reimburse your losses.

The compensation from the insurance fund is possible if IAFT confirms violations on the part of these organizations and cannot legally resolve the disputable situation.

The insurance fund is a guarantee of your financial security. IAFT cares for the safety of your deposits, as more brokers tend not to follow their obligations
....." Unquote.

As I have stated above, this is a supposition question/wonderment and it would be most interesting if IAFT representative would care to shed some light on how they would handle this case....on a supposition, of course!


At IAFT site, it also mentioned they will provide "legal help" in resolving client's case and, Quote: "Legal and information protection of traders is the main goal of our professional lawyers who are ready to defend your rights at all levels if necessary.......Now you can always rely on us in conflict situations. If a broker does not adhere to its obligations, violates a concluded contract, ignores emails or does not answer your calls, you can contact us and we will help you.......3. If we were unable to reach an agreement, we help the trader to initiate the trial and work with him/her until we win the case. In this case IAFT members receive free legal support at all stages of legal proceedings, including representation in court.

4. If the case is unpromising or we failed to prove in court that the trader is right, the trader's loss will be reimbursed from our insurance fund.
Unquote.


I do hope IAFT representative can reply adequately on how they would handle this case, since that will most definitely do wonders for their image here at the FPA.

Would like some clarification for this same point you just made but from some other looking side.

You are asking how IAFT will deal with such case of Kovacs which is the Great to know IAFT point of view despite some regulators might say: we have no authority or legality to give our opinion or advice in other cases not related to us..etc

I like to know what's the legal part of NFA and CFTC suing Fxopen in this case or another related to clients of other regulations.

This is Fxopen Regulation: FSPR License Number: FSP192685); is a member of the Financial Dispute Resolution Scheme
ASIC Australia (ACN 143 678 719, ABN 61 143 678 719)- Fxopen do not mention this regulation(ASIC) on their site but found it on the net, somebody approve its Truth??

It MIGHT be normal to get sued by other regulation organization but what I meant is will NFA and CFTC charge(supposing) against Fxopen have any legal meaning especially that the broker do not follow both regulation rules but the regulation rules of FSPR & ASIC.

In other meaning, it MIGHT be somehow possible as a client of a broker that's regulated by ASIC for example, charge my broker at NFA or CFTC if the broker regulation organization refused that or saw no break of rules in its terms.
Especially that Fxopen had already made a step forward by this: "FXOpen does not provide services for United States residents"
Maybe because they knew that they might be followed by NFA or CFTC if they provide services for US residents but there's also a question mark here if they provide services for a US Citizen(Green Card) living abroad(not in the US), would NFA or CFTC or any US official party be able to sue the broker in someway and would that oblige the broker to pay and how?? if not subject to the country rules!?
Just as a normal citizen, I go to the court of my city and charge another person, but if the charge results found the other person not guilty in any means or the result was not as I expected, I can follow the case to other court elsewhere.

Is this possible in cases related to brokers and companies regulated in certain organization and is there any kind of communication or agreement(even the least one) between those regulation organizations(NFA, FSA, CFTC, IAFT..) ofcourse not with some British Virgin Islands regulators(don't know where is its grounds!!):D
 
I am asking this on a supposition/hypothetical question since this case has happened and will, in all likelihood, happen again, not necessarily with FxOpen, but with one of the many other Brokers under the IAFT's IBship.

And since there will be a strong possibility of this case being repeated, I am very interested to see how the IAFT will progress with such a case especially since, in my opinion, its not exactly a scam, but ambiguous with secret LP giving out false price feeds which the broker claim is not their responsibility and have the right to revoke & rectify under their TOS agreed to by their clients.
 
This one is a tough call - I need to know two things. 1. what was really the quote at the time? Is it like they claim it to be, and 2. Have they done this other traders? My opinion is that if in fact it was an erroneous quote than I agree with them that the profit shouldn't be given to the trader, but no loss should be given to him either. That would be a fair policy all around. That way the trader doesn't feel cheated and the broker doesn't feel cheated.
 
I cant imagine an honest broker doing such a thing, I thought FXOpen was a legit broker but it seems that more than a few people have had this or similar problems. I hope they do the right thing or they will loose more from a bad reputation. All the best Happy trading!
 
When I was in restaurant management, if a server dropped the wrong check at the table, and it was for less than the actual bill, the restaurant /server had to pay the difference (assuming it was caught after the transaction was completed). If it was for more than the actual bill, of course the guest was refunded the difference, and usually given a manager's card for a free entree or appetizer on their next visit. In short, this is considered part of the cost of doing business.

As for FxOpen, I don't like how they are handling this, and will never use them. Guilty.
 
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