Problem IronFX – Falsely Accused Broker

[IronFX Officer]

If your are not a scam why don’t you return my money?In 2014 I deposited 10000 euros in Iron fx but never used that money so you can allege abusive trading criteria. On the 7th of December of 2016 I ordered the withdrawal and never got my money back. My withdrawal order is still processing. I spoke to my account manager and other people in Madrid office but never obtained an explanation. They told me they couldn’t do anything for me. Nobody answers my emails or complaints. My name is Carlos R. and my account number is 21032693

Dear carogo,

Thank you for your message.

You have registered a complaint on February 13th, 2018.

Your complaint is still under review and the company will revert within the prescribed timeline.

Thank you in anticipation

 

[IronFX Officer]

why don't you answer to my post? I am identifying myself as real client Carlos R. number of account 21032693 with a specific complaint. I deposited 10000 euros, never traded and you keep withholding my withdrawal since december 2016.

Dear carogo,

Thank you for your message.

Your matter has now been resolved.

Thank you

 

[BinaryLad]

Dear carogo,

Thank you for your message.

Your matter has now been resolved.

Thank you

Carogo, let us know what the outcome was.

 

[robass999]

What was stated by Ironfx on the definition of "CONSUMER" is false.

EU legislation with DIRECTIVE 2002/65 / EC concerning the "distance marketing of financial services to consumers" by a precise definition of "consumer" and also refers to the applicability of the jurisdiction according to the rules of REGULATION (EC) No. 44 / 2001, replaced by "REGULATION (EU) No. 1215/2012".

In addition, REGULATION (EC) No. 593/2008 in Article 6 (Contracts concluded by consumers) listing the types of contract that are excluded from the application of, in point d) of paragraph 4 states:

Paragraphs 1 and 2 shall not apply to the following contracts:

d) the rights and obligations that constitute an instrument
financial framework and the rights and obligations constituting the clauses and
conditions governing the issue or offer to
public and public offers for the acquisition of values
securities, and the subscription and repurchase of units of
collective investment schemes, to the extent that these
activities do not constitute a service
financial;

This clarifies that a financial service is part of the contracts concluded by the "CONSUMER"

robass999

 

[robass999]

What was stated by Ironfx on the definition of "CONSUMER" is false.

EU legislation with DIRECTIVE 2002/65 / EC concerning the "distance marketing of financial services to consumers" by a precise definition of "consumer" and also refers to the applicability of the jurisdiction according to the rules of REGULATION (EC) No. 44 / 2001, replaced by "REGULATION (EU) No. 1215/2012".

In addition, REGULATION (EC) No. 593/2008 in Article 6 (Contracts concluded by consumers) listing the types of contract that are excluded from the application of, in point d) of paragraph 4 states:

Paragraphs 1 and 2 shall not apply to the following contracts:

d) the rights and obligations that constitute an instrument
financial framework and the rights and obligations constituting the clauses and
conditions governing the issue or offer to
public and public offers for the acquisition of values
securities, and the subscription and repurchase of units of
collective investment schemes, to the extent that these
activities do not constitute a service
financial;

This clarifies that a financial service is part of the contracts concluded by the "CONSUMER"

robert999

 

[IronFX Officer]

What was stated by Ironfx on the definition of "CONSUMER" is false.

EU legislation with DIRECTIVE 2002/65 / EC concerning the "distance marketing of financial services to consumers" by a precise definition of "consumer" and also refers to the applicability of the jurisdiction according to the rules of REGULATION (EC) No. 44 / 2001, replaced by "REGULATION (EU) No. 1215/2012".

In addition, REGULATION (EC) No. 593/2008 in Article 6 (Contracts concluded by consumers) listing the types of contract that are excluded from the application of, in point d) of paragraph 4 states:

Paragraphs 1 and 2 shall not apply to the following contracts:

d) the rights and obligations that constitute an instrument
financial framework and the rights and obligations constituting the clauses and
conditions governing the issue or offer to
public and public offers for the acquisition of values
securities, and the subscription and repurchase of units of
collective investment schemes, to the extent that these
activities do not constitute a service
financial;

This clarifies that a financial service is part of the contracts concluded by the "CONSUMER"

robert999

Dear robass999,

Thank you for your message.

Our T&Cs adequately cover the below statement. This has been tested in a Court of Law. Please refer to point (5) of our opening statement in this thread (see link https://www.forexpeacearmy.com/community/threads/ironfx-falsely-accused-broker.54115/).

If you are a client please provide your account number and registered email address to identify you. You can do this in private, by sending an email to responses@ironfx.com

Should you have any other questions, we would be happy to assist you.

Thank you.

 

[robass999]

Dear IronFx Officer,
What you have written in the Terms and Conditions does not change anything on the rights of the "consumer of financial services" established by the current EU legislation.
I have also checked the sentences on the subject and are all in favor of the classification of "consumer" as defined by the EU Directive 2002/65

(d) "consumer" means any natural person who, in the a
distance, act for purposes that do not fall within the framework of
own commercial or professional activity;

 

[IronFX Officer]

Dear IronFx Officer,
What you have written in the Terms and Conditions does not change anything on the rights of the "consumer of financial services" established by the current EU legislation.
I have also checked the sentences on the subject and are all in favor of the classification of "consumer" as defined by the EU Directive 2002/65

(d) "consumer" means any natural person who, in the a
distance, act for purposes that do not fall within the framework of
own commercial or professional activity;

Dear robasss999,

Thank you for your message.

As indicated in the previous message, the classification as consumer was tested in an EU Court Case with the decision in our favour.

In any case, your comments are irrelevant as we currently do not have any clients claiming protection under EU consumer law.

Our T&Cs are very clear in this respect.

Happy to assist your further.

Thank you

 

[robass999]

caro Ironfx
Ti riferisci a questa decisione? leggi bene

 

[oscarra]

QUOTE="robass999, post: 317187, member: 180983"]leggi bene[/QUOTE]

This corresponds with the strict interpretation of the concept of consumer provided by the regulation: natural person, who is concluding a contract 'for purposes which are outside his trade, business or profession'. Therefore, the Plaintiff is entitled to the protection which is limited to consumers, and the special jurisdiction rule of the regulation for consumer contracts applies in this case. As the Hungarian courts have jurisdiction, the court of first instance could not have dismissed the case on the basis of Point a) of Subsection (1) of Section 130 and Point a) of Section 157 of the Pp. Based on the above, the High Court of Appeal set aside the ruling of the court of first instance dismissing the case based on Subsection (2) of Section 258 of the Pp. and has ordered the court of first instance to carry on the proceedings and to render a new decision. As the Plaintiff appealed successfully, the Defendant was ordered to pay the court costs arisen in the appeal proceedings for the Plaintiff, determined according to Subsections (3) and (5) of Section 1 of Regulation no. 32/2003. (VIII.22.) IM on the costs arisen in relation to legal representation and determining the costs of legal representation in court proceedings. The appeal is exempt from duties based on Point a) of Subsection (1) of Section 57 of the Itv. Debrecen, 8 November 2016.