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

[richard swaby]

Dear Richard,
As you can understand, it is difficult for me (and for anyone who reads this long thread) to trust you now - is this acceptable to you? I don't want to be rude, but it is the truth.
So, what better than real testimonials of your satisfied costumers?
I really think this would help you and us (who eventually want to buy a profitable EA).
Regards

I understand how it can be hard to trust me based on granting a refund, but I have learnt my lesson from not granting Galina her refund although I was in my right not to based on my terms - if anyone disagrees with me there please come forward. How I can be called a scammer for not refunding a customer when I clearly have a terms and conditions page that states the conditions of a refund is absolutly beyond me. It is ignorant and bullying to ignore this. Yes, I have been bullied, threatened (my family to) and abused into giving this refund. But like I said previously, you cannot out a price on your health and well being. In future I will just grant a refund as this is something that nobody should be put through. I am just an ordinary trader/programmer, not someone trying to rip people off.

I do not know if you read my prior response to you, but I stated that all testimonials on my site are copy and pasted from customer emails. They are REAL testimonials. On this thread you have a complaint from Galina and then a bunch of people jumping on the bandwagon yelling "SCAM" at the top of their lungs without even considering my point of view. My opinion is NOT important around here.

 

[Galina_K]

Hi again Galina,

I have sent numerous emails to the admin and I am waiting for his response after which you will receive your refund, no doubt about that. Since my family has been threatened with death, it is a time to put a nail in this coffin and move onto further improving my EA and helping those customers who I have established a strong relationship with.

I am sorry for the death threats, Richard.
They are not justified by any means, especially after you promised to refund me.

Please take a minute to think about your part in this.
Why do you think are people getting so angry that they will send such threats to somebody ?

You have driven me crazy and especially after you stopped communicating.
You really thought I would not expose you.
You read the threads I opened on forums and you threatened 2 Admins to remove my threads (which they did ).

My forward test on FinFX-ECN demo account from Jan-07 until Jan-27 prove that the EA is losing money .
The forward test in December was even worse.

And I did use the settings you sent me.
Other buyers confirmed that the EA was not profitable and they too requested the refund.

You can tell everybody how profitable your EA is and how happy your loyal clients are, but the trade-statements from FinFX-ECN demo do not lie.
They are not manipulated and they clearly show more losses than gains.

I wish you well in your efforts to help your profitable customers,
but I will never again do business with you after this nightmare.

 

[f-man]

Hold your fire!

First of all, we are glad that this thread is followed by the members and we already have more than 200 votes on the very first day of opening the poll.
It is the first open case of the new traders court and it was important to have such participation.

Richard has reacted a bit late, but I assure him that it is to his benefit that he reacted at all. I am really sorry and shocked to hear that he had threats against him and his family. It is really beyond imagination and if he knows the people who threatened him, I suggest to report it to the police.

There are two things you can do and correct everything:

1. Refund Galina

2. As you realize Richard, in the current situation it is very difficult if not impossible for the members here to believe the testimonials on your site, so I suggest you start a performance test of your product here at the FPA.

You can make the settings as you wish and prove that your product is profitable. Not only you will regain your reputation, but you will definitely find many new customers.

 

[richard swaby]

I am sorry for the death threats, Richard.
They are not justified by any means, especially after you promised to refund me.

Please take a minute to think about your part in this.
Why do you think are people getting so angry that they will send such threats to somebody ?

You have driven me crazy and especially after you stopped communicating.
You really thought I would not expose you.
You read the threads I opened on forums and you threatened 2 Admins to remove my threads (which they did ).

My forward test on FinFX-ECN demo account from Jan-07 until Jan-27 prove that the EA is losing money .
The forward test in December was even worse.

And I did use the settings you sent me.
Other buyers confirmed that the EA was not profitable and they too requested the refund.

You can tell everybody how profitable your EA is and how happy your loyal clients are, but the trade-statements from FinFX-ECN demo do not lie.
They are not manipulated and they clearly show more losses than gains.

I wish you well in your efforts to help your profitable customers,
but I will never again do business with you after this nightmare.

Galina, your results for December were bad because you used the incorrect settings. Just look at the results from December on my site to see the difference. A 100% gain on FinFx with the correct settings. Granted, that in January results began to slip, which is why I have updated the EA and added lots more features, making it safer and profitable even during difficult market times. January is a typically difficult month.

To be honest, there is no point in us debating the EA settings or who is right, who is wrong. There are results posted on my site as valid as yours (if not more because the sets are as they should be) and customer testimonials as positive as yours have been negative. Yes, I have learnt from this situation that it is not worth putting my life and family life's in danger regardless of the price tag. Frankly, I do not care about the money. What I care about is respect, and I felt that you were very disrespectful to me from the get go. You may feel the same about me, but some people just cant see eye to eye.

The stress this has caused me almost led me to giving up totally, but encouragement from other customers and positive results during recent times with the latest update of the EA have given me the strength to carry on. Next time I meet this type of situation with a customer I will deal with it differently.

Just to clarify the fact that you had bad results in December does not proove anything about the performance of the EA. Just look at the results on my site during that time.

 

[richard swaby]

First of all, we are glad that this thread is followed by the members and we already have more than 200 votes on the very first day of opening the poll.
It is the first open case of the new traders court and it was important to have such participation.

Richard has reacted a bit late, but I assure him that it is to his benefit that he reacted at all. I am really sorry and shocked to hear that he had threats against him and his family. It is really beyond imagination and if he knows the people who threatened him, I suggest to report it to the police.

There are two things you can do and correct everything:

1. Refund Galina

2. As you realize Richard, in the current situation it is very difficult if not impossible for the members here to believe the testimonials on your site, so I suggest you start a performance test of your product here at the FPA.

You can make the settings as you wish and prove that your product is profitable. Not only you will regain your reputation, but you will definitely find many new customers.

1. Galina's refund will be granted once I hear back from the forum admin (Bill I believe) and the threads are taken care of.
2. I find it amazing that people will believe anything negative about a Forex product and simply brush aside anything positive. This case is down to a refund, that does not make the testimonials on my site that state about the performance of the EA and customer service invalid. (Yes I give excellent customer service believe it or not - Galina is an exception as I really did not like the way she came across but that's another story). What use is anything I say on here if nobody will believe me, surely I am just wasting my time. I will provide the FPA with a copy of my EA to run on a demo test.

Truth be told, no matter how good a product or service is, there will always be people who are not satisfied no matter what.

 

[richard swaby]

Curious to know what people think on this, maybe I am wrong. But I am more of a trader/programmer than a business person.

You buy a product with a 60 day guarantee. The terms clearly state that the guarantee DOES NOT cover a certain aspect of the product. A few days later you see that you are not happy with the aspect of the product that is not covered and want a refund.

Should you:

a) be granted a refund anyway even though the terms state otherwise
b) not be granted a refund because the terms state that the guarantee does not cover that aspect of the product
c) be granted a refund because what you say is right no matter what the terms state
d) call the seller a scammer and bully them into giving a refund using threatening behaviour and set out to destroy their reputation and turn everyone against them because they are the scum of the earth

a,b,c or d and why?

 

[Galina_K]

Richard,
you are not willing to correct your completely wrong viewpoint of the terms versus the money-back-guarantee.

Here it is again to fresh up your memory:

P.P.P.S. Do not forget that I offer a 60 day money back guarantee so there is no risk in ordering.

100% SATISFACTION GUARANTEED

If it does not perform well for you and you can send me your trading statement to show your results then I will happily refund you provided it is within 60 days of your purchase.

It never performed well, neither in December nor in January ( I used exactly the settings you sent me on the best broker for this EA which is FinFX-ECN).

You refused to give me the refund and pointed to your terms:

"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."

Offering a refund guarantee and refusing to grant a refund based on your terms is called "intentional fraud" in my books.

I still wonder what there is to argue about.

Here is the performance from Jan07 - Jan27 on FinFX-ECN demo account with exactly the settings you sent me.
Deposit/Withdrawal: 1 000.00 Credit Facility: 0.00
Closed Trade P/L: 2.70 Floating P/L: 0.00 Margin: 0.00
Balance: 1 002.70 Equity: 1 002.70 Free Margin: 1 002.70

The 2.70 Dollars profit make the performance to appear as positive,
but the reason for this is a wrong lot-size at the beginning of the forward test.
Lot-size was 10 times higher than it should have been.
Fortunately for the EA it made some profitable trades and thus went into profit territory.

Then I corrected the lot-size to 2 % risk on each trade and what happened ?
The whole profit was eaten up .

This is telling me that the EA would have ended in an overall loss during January.

I accept that you or others might have made profits in January, but on all of my demo-accounts
( GoMarkets, ThinkFX, FinFX-ECN and FinFX normal account ) the EA produced losses.

That was the reason why I asked for the refund.

Here is the performance on GoMarkets from Jan07 until January 27 .
Deposit/Withdrawal: 10 000.00 Credit Facility: 0.00
Closed Trade P/L: -1 468.14 Floating P/L: 0.00 Margin: 0.00
Balance: 8 531.86 Equity: 8 531.86 Free Margin: 8 531.86

A loss of 14 % of the equity truly does not inspire me to believe that I could ever recover the 500 Dollars
which I paid for the EA.

 

[richard swaby]

Richard,
you are not willing to correct your completely wrong viewpoint of the terms versus the money-back-guarantee.

Here it is again to fresh up your memory:







It never performed well, neither in December nor in January ( I used exactly the settings you sent me on the best broker for this EA which is FinFX-ECN).

You refused to give me the refund and pointed to your terms:


Offering a refund guarantee and refusing to grant a refund based on your terms is called "intentional fraud".

I still wonder what there is to argue about.

There was nothing to argue about in the first place. You will have your refund shortly. Take care.
"intentional fraud"?? Sorry if you feel this way, but it certainly was not my intention! I will take a lot out of this experience and I hope others do to - always read the terms and conditions!

 

[claretblue]

This whole matter seems to come down to the interpretation of the terms and conditions and the 60 day money-back guarantee.
Terms and Conditions are set in stone - Special Offers come and go and can change at at time. Therefore, there needs to be a clause within the T&C which cover Special Offers.
This seems to be missing from the Terms and Conditions in this particular case.
Given the confusion over this matter, it would only be fair to wipe the slate clean and start over again. A refund would help restore good faith all round. Whilst technically speaking this is not a scam, the seller has caused a lot of confusion with his contradictory Special Offer. The first thing the seller NEEDS to do is re-write his T&C to include a clause covering Special Offers. The omission of this clause, could be interpreted as an attempt to deliberately deceive his customers.
So - to vote Guilty or Not Guilty? This juror is still out until the refund is confirmed and the T&C's adjusted.

 

[matfx]

Dear Richard,

It is clearly stated in your website 100% SATISFACTION GUARANTEED and if a customers cannot make AT LEAST 2% DAILY on his/her account, you will happily offer your clients a full refund within 60 days provided that can show proof of the method not working. That's it. You should refund money to Galina once Galina shows all the proof the EA are not working. I really hope you can settle the refund with Galina.

One side note. If you are trader you should know the risk of forex trading are not 100% working all the time, even though your EA want to generated 2% daily. If i were you i wouldn't put such guaranteed thing on website.

Take care.