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RESOLVED Case# 2011-002 | Galina_K vs www.fantasydreamteam.com/ea.html

Discussion in 'Traders Court Resolved Cases' started by Galina_K, Feb 1, 2011.

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Based on the available evidence, do you believe that FantasyDreamTeam is guilty?

Poll closed Feb 21, 2011.
  1. Guilty

    217 vote(s)
    99.1%
  2. Not Guilty

    2 vote(s)
    0.9%
  1. Galina_K

    Galina_K Private, 1st Class

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    Original FPA Traders Court Submission by Galina_K:

    I am submitting the case against: www.fantasydreamteam.com/ea.html

    My Case is: THIS CASE HAS REACHED A SUCCESSFUL CONCLUSION. GALINA RECEIVED HER REFUND.

    I bought the 2%dailyEA from Richard Swaby in December 2010 for $500.00 .
    The vendor promised a 100%-satisfaction-guarantee within a 60-days-period (60-days-money-back guarantee) on his website.

    The EA was not profitable. It did not match the advertised results but made losses on most broker platforms.

    Although Mister Swaby avertised the EA as "NOT broker dependant" , he confirmed that his EA is broker dependant. He recommends using FinFX-ECN-accounts for his EA. He is an IB for FinFX.

    But on FinFX-ECN demo account his EA still wasn´t profitable but lost money during the trial period. This is confirmed by several other victims of Swaby.

    Since the 2%dailyEA is useless, I requested the refund and provided Mister Swaby with all trade statements ( FinFX ECN demo , FinFX normal account demo, GoMarkets demo ) which showed the losses
    but Mr. Swaby refused to send me the refund.

    His strategy for treating his customers is very simple (other victims confirmed it):
    1. Blaming the customer for using wrong settings.
    When the customer uses exactly the settings which Swaby provides and recommends, the EA still produces losses, but still Swaby is accusing the customer for using wrong settings.
    2. Blaming the broker for the losses.
    Swaby accuses the customer of using the wrong brokers although he did not even look at the brokers.
    When the customer uses the recommended broker for this EA, which is FinFX ECN demo account, the EA still produces losses.
    But Swaby publishes fake statements from "satisfied customers" which allegedly get profits. This is strange because all customers I know only get losses.
    3. Refusing the refund because the customer has not treated Swaby with the respect he thinks he deserves.
    4. Refusing the refund by pointing to the "Terms" on his website.
    Mister Swaby forgets that the Terms do not apply for the 60 days money back guarantee.

    Basically what Swaby is doing is this:
    1. Advertising an EA which makes an average of 2% daily profit.
    2. Advertising a 100% satisfaction guarantee within a 60 days trial period.
    3. Blaming the customer with made up arguments.
    4. Ignoring the valid arguments of the customer and thus provoking him.
    5. Blaming the brokers for the losses of his EA.
    6. Pointing to the Terms, which means that he never intended to grant a refund. This is intentional fraud.
    7. Refusing the refund because the customer was "rude" to him.

    All relevant informations about this case can be found in the threads which I started on FPA:


    http://www.forexpeacearmy.com/forex-forum/trading-systems/10400-fantasydreamteam-com-2-percent-solution-richard-swaby.html

    http://www.forexpeacearmy.com/public/review/www.fantasydreamteam.com

    http://www.forexpeacearmy.com/forex-forum/scam-alerts-folder/13639-2-dailyea-r-swaby-fantasydreamteam-com.html

    Here is one of Swaby´s e-mails to me:

    ----- Original Message -----
    From: Richard Swaby
    To: galinaxxxxxx
    Sent: Friday, January 14, 2011 5:05 PM
    Subject: RE: Look at FPA


    Hi Galina,

    I would have refunded you if you were not so rude to me.

    Best Regards,
    Rich.
    www.fantasydreamteam.com/ea.html

    ----------------------------------------------------------------------------

    Here is his e-mail where he confirms that he is a scammer by pointing me to the Terms:

    ----- Original Message -----
    From: Richard Swaby
    To: galinaxxxxxx
    Sent: Friday, January 14, 2011 4:54 PM
    Subject: RE: Look at FPA


    Hi Galina,

    http://www.fantasydreamteam.com/terms.html

    "Any statements about profits or income, expressed or implied, does not represent a guarantee. Your actual trading may result in losses as no trading system is guaranteed. You accept full responsibilities for your actions, trades, profit or loss, and agree to hold Fantasy Dream Team and any authorized distributors of this information harmless in any and all ways."

    ------------------------------------------------------------------------------

    Mister Swaby has removed the money-back-guarantee completely from his website after I began to expose his fraudulent activities, but of course I have stored his website completely with all the money-back-guarantees on it. He is bound to send me the refund.

    His EA is worthless and useless.
    It makes a few profits, then wipes them out almost each day.

    Since Mister Swaby behaves identically with all of his victims, it is about time to expose him with an official Scam warning on FPA. It is the only way to protect other traders from this fraudster and thief.

    Regards,
    Galina

    THIS CASE HAS REACHED A SUCCESSFUL CONCLUSION. GALINA RECEIVED HER REFUND.

    New thread in the Scam Alerts Folder:
    www.forexpeacearmy.com/forex-forum/scam-alerts-folder/13639-2-dailyea-r-swaby-fantasydreamteam-com.html

    Review is submitted by Galina on 01/14/11

    The company was first contacted about the issue on 12/23/10, the last contact was on 01/28/11

    Details: THIS CASE HAS REACHED A SUCCESSFUL CONCLUSION. GALINA RECEIVED HER REFUND.

    Hi Galina,

    No use contacting a lawyer. Check the terms: http://www.fantasydreamteam.com/terms.html

    v2 of the EA to be released next week and will run on ALL pairs. Yes, the GBPUSD was a loser today, but v2 beta of the EA was in profit as it was trading other pairs.



    --------------------------------------------------------------------------------
    From: galinaxxxxx
    To: richxxxxxx
    Subject: Re: Look at FPA
    Date: Fri, 14 Jan 2011 17:31:28 +0100


    Richard,
    I answered already on FPA.
    Everybody must see how you think and act.

    1. I never was "rude" to you.
    But you were abusive and manipulative from the beginning.

    2. I have zero interest in complaining about an EA It is not fun.
    I would rather be happy with getting 2% daily or at least 1% daily from your EA.
    But it simply isn´t the case.
    You have the statements. You see the losses with your own eyes.

    3. Your offer to get me an ECN-account at FinFX was a glimpse of hope for me.
    But then the EA made big losses on the ECN-account too.
    It is not my fault.
    What can I do ?
    I have the settings correct, I run it from 8am until 20 am GMT as recommended.
    There is nothing I can do.

    All hope is gone.

    4. Your emotions do not count.
    What about my emotions ?
    Do you know how I felt during the time since I bought the EA ?
    Seeing the losses and then getting answers from you like "it is your fault, others make profits".
    This is hurting very much.
    So if we compare our feelings, I can tell you that you hurt me very much.
    And I cannot understand why you are feeling hurt by that e-mail where I told you the discrepancy
    between your advertisement and the true performance of the EA.

    The refund must not be based on your emotions . It must be based on the facts which I presented.
    They speak for themselves.

    5. It is not too late for the refund.
    You can save yourself a lot of trouble if you send me my money back.
    I will delete the postings on FPA and I will not contact the lawyer.

    What else do you need ?

    Regards,
    Galina

    ----- Original Message -----
    From: Richard Swaby
    To: galinaxxxxxx
    Sent: Friday, January 14, 2011 5:05 PM
    Subject: RE: Look at FPA


    Hi Galina,

    I would have refunded you if you were not so rude to me.

    Best Regards,
    Rich.
    www.fantasydreamteam.com/ea.html


    --------------------------------------------------------------------------------
    From: galinaxxxxx
    To: richxxxxx
    Subject: Re: Look at FPA
    Date: Fri, 14 Jan 2011 17:02:12 +0100


    Richard,
    do I understand you correctly ?

    You will never ever refund a customer.

    If they request a refund, you will point them to the terms.

    Is this what you are trying to tell me ?

    Please confirm.

    Regards,
    Galina
    ----- Original Message -----
    From: Richard Swaby
    To: galinaxxxxxx
    Sent: Friday, January 14, 2011 4:54 PM
    Subject: RE: Look at FPA


    Hi Galina,

    http://www.fantasydreamteam.com/terms.html

    "Any statements about profits or income, expressed or implied, does not represent a guarantee. Your actual trading may result in losses as no trading system is guaranteed. You accept full responsibilities for your actions, trades, profit or loss, and agree to hold Fantasy Dream Team and any authorized distributors of this information harmless in any and all ways."


    --------------------------------------------------------------------------------
    From: galinaxxxxx
    To: richxxxxxxx
    Subject: Re: Look at FPA
    Date: Fri, 14 Jan 2011 16:39:57 +0100


    Where does it say that your e-mail address is private ?
    I cannot find it.

    And why do you point me to the terms ?

    You rather should point to the refund guarantee, your
    100% satisfaction guarantee.

    I have removed your e-mail address on FPA, although I cannot understand
    why it doesn´t belong there. Just to not give you new "ammunition" for your
    dirty tricks you are playing.

    You have seen the losses of today.
    Your EA does not perform as advertised and because of that the refund is due.

    If you pointed me to the terms in order to indicate that you will never honour your
    100% satisfaction guarantee, then I understand.

    Please confirm that you are not willing to give me the refund.
    I will publish your confirmation on FPA.
    And FPA is only the beginning, Richard.

    You will not get away with my money, I promise you that.

    Regards,
    Galina
    ----- Original Message -----
    From: Richard Swaby
    To: galinaxxxx
    Sent: Friday, January 14, 2011 4:27 PM
    Subject: RE: Look at FPA


    Hi Galina,

    http://www.fantasydreamteam.com/terms.html




    --------------------------------------------------------------------------------
    From: galinaxxxxxx
    To: richxxxxxx
    Subject: Re: Look at FPA
    Date: Fri, 14 Jan 2011 16:20:10 +0100


    Richard,
    I do not badmouth you.
    I only tell potential customers how your EA performs and how you refuse to honour your word.

    Calling this "badmouthing" is twisting the truth.
    You seem to have a distorted relation to reality, Richard.
    Your greed seems to be so strong that you close your eyes to the facts completely.

    But believe me: those who read my postings ( and if necessary I will post screenshots and
    account statements, no problems, I have it all stored for our case on court )
    will clearly see and they have no reason to twist what they see because they
    owe me no refund as you do.

    I have all the statements to show.
    My settings are correct and neither you nor me do know the reason why the EA placed 2 trades
    sometimes in December, so stop blaming me for it.
    It would have happened on a live account too and the money there would have been lost.

    Today the EA made big losses again. See the attached statement for the FinFX ECN demo account.
    I would never risk real money with this EA. Everybody with a sound mind would agree.

    The errors with multiple trades on the same bar did not happen in January, but the EA
    produced losses.
    That is fact and I deserve the refund because all conditions for a refund are met.

    Why don´t you send me my money ?
    What kind of person are you ?

    I will not let you go with this.

    And why should I remove your e-mail ?
    Is it a secret ?

    I just copy our discussions.

    I still wait for your address. I need it for my lawyer.

    Again: I am requesting a refund according to your conditions on your website.
    I have saved your website, made screenshots and everything for the case on court if you
    keep on refusing the due refund.

    Your EA is a loser and does not perform as advertised.
    You gave a 100% satisfaction guarantee.
    I am 100 % not satisfied. Your EA ist worthless for me.
    Accept the plain facts and honour your word.

    Regards,
    Galina
    ----- Original Message -----
    From: Richard Swaby
    To: galinaxxxxxx
    Sent: Friday, January 14, 2011 3:54 PM
    Subject: RE: Look at FPA


    Hi Galina,

    You did not use the correct settings. There are mistakes all over the statement that you send me.
    You can go bad mouthing me in forums as much as you like, but do not post my email address - that must be removed.




    --------------------------------------------------------------------------------
    From: galinaxxxxx
    To: richxxxxx
    Subject: Look at FPA
    Date: Fri, 14 Jan 2011 13:54:28 +0100


    Hello Richard,
    since you made your mind up to blame and accuse me instead of honouring
    your word,
    I have taken the first steps to expose you.

    This is only the beginning.

    It is clear that your EA is not performing as advertised and your website
    is misleading potential customers.

    I have listed the facts for you but you ignore them.
    This is not excusable and it shows that your only goal is to not grant a refund
    which is due according to your conditions for a refund.

    I will wait for some time to give you a chance to refund the money which you owe me.
    If you do not pay, I will contact a lawyer and take legal steps against you.

    Today the EA made more losses.

    It proves itself as a losing EA which cannot be trusted.
    This confirms what other traders are telling about your manual 2% method.

    Here is the thread on FPA where I started to expose your business practices:
    http://www.forexpeacearmy.com/forex-forum/trading-systems/10400-fantasydreamteam-com-2-percent-solution-richard-swaby.html#post54636

    I have submitted a review too but it takes a few days until the Mod will post it on the Reviews section for your 2%daily trading system.

    Watch for it.

    You are responsible for this all and I recommend that you solve this matter by sending me my money asap.
    It costs you only a few mouse-clicks and you will save yourself a lot of trouble.

    Regards,
    Galina

    THIS CASE HAS REACHED A SUCCESSFUL CONCLUSION. GALINA RECEIVED HER REFUND.

    Company representatives' emails:
    Rich_Swaby <xxxxxxx>

    Attached Files:

    1. Jan07_Jan27_2%dailyEA.htm
    2. Jan07_Jan27_FinFX_ECN.htm
    3. moneyback_guarantee.jpg

     
  2. Pharaoh

    Pharaoh Colonel

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    Looks like you and Richard have been having quite a discussion. :D

    If you sent in your results within 60 days, then I don't see that he's got very much wiggle room on this.

    Anyone else have any thoughts?
     
  3. vincam

    vincam Sergeant

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    No other real thoughts from me. I've read all the stuff Galina. It seems cut and dry provided you sent in the request for a refund in 60 days. He does have a guarantee back up on his site but it is much easier to get out of the way it is written now. Basically says if you can prove the method is not working then you get your money back. But I'm sure he will endlessly tell you that you are not doing exactly what it takes to make it work right.

    Your original guarantee you have does not have that provision though and seems very straight forward, not satisfied, send me statements and I'll give your money back which is not happening. Unless he wants to come in here and explain something I'll call this one a clear scam.

    Are any of the forums still up anywhere where he commented? You say mods removed them on some forums and there is not much on the FPA thread, just curious what he was saying....
     
  4. Galina_K

    Galina_K Private, 1st Class

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    Thanks for your comments.

    The only forum where Richard Swaby ever posted a comment is FPA.
    Fantasy Dream Team | Two Percent Solution | FantasyDreamTeam.com reviews and ratings by Forex Peace Army

    On all other forums he lurked in the background to watch over his products.
    He threatened the forum Admins and they removed my threads where I exposed him. I know this because I was contacted via PM by the Admins or Mods.

    My biggest mistake in this matter was my trust in the 100%-satisfaction-guarantee and the "no risk at all" words from Mister Swaby.

    I thought: this is a wonderfull opportunity to test the EA without any risk.

    I never dared to think that Swaby never intended to keep his guarantee but instead would point to the Terms .

    For all normal thinking people and for lawyers the behavior of Mister Swaby is called "intentional fraud" .

    I had no idea that a person would go that far.
    It is beyond my imagination.

    But when Swaby ignored my trade-statements and kept on blaming the brokers and me, it dawned on me that something was wrong with him.

    After I had used exactly the settings he sent me and used exactly the FinFX-ECN demo account .... and still the EA was not profitable ....
    and still Swaby refused the refund, the case was clear.

    My goal when buying the EA was never to get a refund, but to get a profitable EA.

    On the FinFX-ECN demo -account, where the EA made about break-even from January-07 until January-27,
    the breakeven resulted from a wrong lot-size at the beginning of the forward test.
    The lot-size was 10 times higher than it should have been and I saw it too late.
    With the big lot-size the EA made a profit of about 20 % and lost half of it later.

    If the EA would have used the correct lot-size from the beginning, the overall result would have been a loss of about 10 % .

    I have no idea why Swaby continues to advertise that his EA is "profitable" and why he continues to refuse the due refund .... other than that he is a liar and scammer.

    I dare to say that he will not come here to tell us why he doesn´t refund all those others and myself although he knows that his EA is not profitable.
     
  5. vincam

    vincam Sergeant

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    If I am understanding it right he had two systems? A manual system that seems to be the one the others on the review page commented about and he replied to, and your new EA system?

    Can we get him in here Mod? I would like to pick his brain...his replies to the other comments won't really apply to this system if it is an EA and his system was manual before.

    I definitely would like to hear from him on why you don't deserve a refund when obviously you were not satisfied and that is the only criteria besides an account statement to get a refund.
     
  6. Pharaoh

    Pharaoh Colonel

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    I think its about time to invite Richard to come in for a visit.
     
  7. Galina_K

    Galina_K Private, 1st Class

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    According to Richard Swaby, the 2%dailyEA is trading exactly like his manual 2%daily-method.

    He gave 2 reasons why he did not refund me.

    Reason 1:

    1. I was not rude to him.
    Telling him that his EA is not profitable qualifies as "rude" in his view.
    The customer has no chance to escape his judgement.

    Swaby keeps on provoking the customer by ignoring his words and by continually blaming him and the brokers for the losses of the EA.

    Then he is pointing the customer to the Terms and thereby is telling the customer : "I , Richard Swaby, never intended to give a refund to anybody."

    With this behavior , Swaby is driving the customer crazy and is making him so angry that the customer finally will call him a scammer ( which he is of course ).
    That is the final verdict for Swaby, that the customer "did not treat him with the due respect" and therefore will not get a refund.

    Reason 2:
    Here Swaby confirms that he never intended to grant a refund to anybody.

    The 100% satisfaction guarantee is only a dirty sales trick to get the money.

    This is called "intentional fraud".

    From a legal perspective, the Terms do not apply during the 60 days trial period.
    If the customer cannot get the EA to produce profits, he has a 100% right to get the promised refund.

    Neither the mood of Mister Swaby nor the "respectfull" behavior of the customer can be taken as justification to refuse the refund.

    After the 60 days period, the Terms apply and the customer cannot hold Mister Swaby accountable for any losses.

    This is cristall clear.

    Mister Swaby uses the made up reason 1 and reason 2 to provoke the customer to a point where the customer will begin to call him a scammer.
    It is inevitable, regardless how friendly and diplomatic the customer has been in the discussion.

    Since I know some other buyers and another one has posted a review after my review on FPA, we definitely know that Swaby is treating all customers like this.
     
    #7 Galina_K, Feb 3, 2011
    Lasted edited by : Feb 7, 2011
  8. AsstModerator

    AsstModerator FPA Forums and Reviews Admin

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    Richard has been invited. If he agrees, then he'll be joining this discussion. If not, then I'll move it to the Open Cases folder.
     
  9. AsstModerator

    AsstModerator FPA Forums and Reviews Admin

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    Richard has declined to enter the discussion.

    I am now moving this to the Open Cases folder. I hope he changes his mind.
     
  10. Galina_K

    Galina_K Private, 1st Class

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    This was expected.

    The EA is a desaster and his way of treating his customers ( "victims" is a better word ) is that of a scammer.

    Although all buyers whom I know have confirmed that the EA is not profitable, Richard Swaby refused to give the promised refund.

    He is a liar and a scammer.
    Nothing else, nothing more.

    He will pay for this fraud, that is for sure.
     

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