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

[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" 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.

Galina, it is hard to know what sets you were using, because I sent out a few during January, including updated versions of the EA. However, all that is irrelevant now. I have taken you off my list for updates and after I have refunded you I hope that I have heard the last of this. When the FPA are publishing results and my EA is winning consistently, maybe you will regret your actions, but for now there is nothing left to do but sit tight and wait for the admins response. Believe you me, I want to refund you as much as you want the refund. The email abuse I received today is sickening.

 

[Reinhold]

Richard Swaby

Reading through the whole story ….
I feel really sorry for Galina, but this Richard Swaby is what is called a real SCAMMER.
I will never ever buy anything from this guy !!! :unhappy:

 

[richard swaby]

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.

Hello Claret and Blue, is that West Ham or Villa? Perhaps neither!

The terms and conditions state that the guarantee does not cover performance, which is clear as day. This is the ground of Galinas refund. They also state that refunds do not cover special offers (which Galina did not purchase through in any case).

I am granting a refund to try and restore the faith and most importantly stop the threats. I am not a scammer, I am genuinely trying to provide a profitable EA. If I was a scammer I would not be wasting my time around here, nor would I spent day upon day for the last year working on improving my EA.

Yes, I would love a clean slate to start from with a clear refund policy. I have found it hard in the past because we all know that people buy software with no intention of paying for it, just to get it and shortly after demand a refund whether through clickbank who grant them or through threatening behaviour. I am sure people reading this have done it. When you put so much work into something and feel like someone wants to steal it from you, it can cause upset and anger.

Refund will be given once I here from the admin and this mess is cleaned up. Additionally what EXACTLY do you think I need to change on the T&C's? It states clearly about performance and special offers.

Thank you for taking the time to reply.

 

[richard swaby]

Reading through the whole story ….
I feel really sorry for Galina, but this Richard Swaby is what is called a real SCAMMER.
I will never ever buy anything from this guy !!! :unhappy:

What? This beggers belief. Did you even read my posts? Did you read the terms and condtions on my site?

How is it a scam if I state in the terms and conditions that a refund is not covered based on the performance. Please answer me that without throwing the words SCAM and SCAMMER around like they are going out of fashion.

Define for me "real scammer"..

Someone using their rights in their terms and conditions is not a scammer. If you think it's because I am selling forex software, then I am sorry but that is a HUGE generalisation. I have put and continue to put a ton of work into my sofware. I want my customers to be successful with my EA as much as anyone.

 

[vincam]

Richard,

Let me just say first that it is very unfortunate and uncalled for for you to have received any kind of physical threats of any kind. Whoever is behind that should cease that behavior immediately, there is no call for it and it is not something the FPA encourages in the least.

It is good you will refund Galina, that is the heart of this issue and should resolve this particular case.

I must say this about your guarantee though, it will never be acceptable to anyone for you to offer a 100% satisfaction guarantee and then when they ask for a refund point to terms and conditions that say there is no guarantee. How can that be justified? Why does the guarantee exist if you will tell someone who asks for a refund that you don't 100% satisfaction guarantee it? It can't be 100% when it has disclaimers, especially since none of those disclaimers were actually on the guarantee, that is not a satisfaction guarantee.

It would also have been a benefit to you to enter the discussion when the FPA first invited you, before the thread went public, to try to resolve it in a more private setting with just you, the complainant and only a few of us to help everyone resolve the situation, in a satisfactory manner to everyone.

I hope the situation can still be handled is a satisfactory manner to everyone with Galina getting the deserved refund. If you can make your EA insanely profitable, great, but you must be VERY careful with "guarantees" of any kind. Either use the word or don't. If you use it you should be prepared to do exactly what you say you will do in exactly the time frame stated on the guarantee without having to point to other places. The guarantee should be clear and upfront with no ambiguity, or you will face these situations in the future. Or don't use the word and just let the performance speak for itself, you are always going to have people that cannot make you're EA work, I will guarantee that, and you should be prepared for it.

Happy Trading to all and I hope to see that refund.....

 

[dogbreath]

Looks cut n dry to me....I have dealt with a number of scam artists over the last few years..."If you were not rude to me" is a classic attitude of scam artists.
"Book'em Dano"

 

[richard swaby]

Richard,

Let me just say first that it is very unfortunate and uncalled for for you to have received any kind of physical threats of any kind. Whoever is behind that should cease that behavior immediately, there is no call for it and it is not something the FPA encourages in the least.

It is good you will refund Galina, that is the heart of this issue and should resolve this particular case.

I must say this about your guarantee though, it will never be acceptable to anyone for you to offer a 100% satisfaction guarantee and then when they ask for a refund point to terms and conditions that say there is no guarantee. How can that be justified? Why does the guarantee exist if you will tell someone who asks for a refund that you don't 100% satisfaction guarantee it? It can't be 100% when it has disclaimers, especially since none of those disclaimers were actually on the guarantee, that is not a satisfaction guarantee.

It would also have been a benefit to you to enter the discussion when the FPA first invited you, before the thread went public, to try to resolve it in a more private setting with just you, the complainant and only a few of us to help everyone resolve the situation, in a satisfactory manner to everyone.

I hope the situation can still be handled is a satisfactory manner to everyone with Galina getting the deserved refund. If you can make your EA insanely profitable, great, but you must be VERY careful with "guarantees" of any kind. Either use the word or don't. If you use it you should be prepared to do exactly what you say you will do in exactly the time frame stated on the guarantee without having to point to other places. The guarantee should be clear and upfront with no ambiguity, or you will face these situations in the future. Or don't use the word and just let the performance speak for itself, you are always going to have people that cannot make you're EA work, I will guarantee that, and you should be prepared for it.

Happy Trading to all and I hope to see that refund.....

Yes, death threats towards myself and the family really do put things into perspective.

Thank you for your advice. I am going to fix the guarantee and terms page to make it clearer. I put this all down to experience and learn from it. But it was never my intention to "scam" and I am upset and angry about those accusations being thrown around. I saw some closed threads on this site where people have stolen millions of dollars deliberately from traders and I am being mentioned in the same vain as such people, it is beyond belief.

The refund will be granted once I have an email response from Bill agreeing to close the threads.

 

[richard swaby]

Looks cut n dry to me....I have dealt with a number of scam artists over the last few years..."If you were not rude to me" is a classic attitude of scam artists.
"Book'em Dano"

Does it ever stop? I am not a scam artist. I have terms and conditions on my site that were misinterpretated and I am going to try and make them clearer. I am also granting a refund. I will then be submitting my EA to FPA for forward testing. Can we stop with all the "scam" labels already. It's easy for anyone to come in here and shout "scam!" without considering both sides. I can see that the more senior members have taken both sides into consideration and can so that this is not a scam. I just need to make the terms on my site clearer.

Like VinCam says, the heart of the issue is Galina's refund, which I am granting her. No scam here my friend.

 

[Galina_K]

Richard,
I am afraid you will never stop blaming others while you are the one who is responsible.

But please explain to all here what this sentence means ?

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.

You never ever intended to give a refund and you continue to justify this fact by pointing to your terms which do not apply for the refund matter.

Why did you offer the 100 % satisfaction guarantee when you never intended to honour it ?

What would you call somebody who is doing this ?

I think that deceiving customers with a refund guarantee (but never intending to grant a refund) is a sales trick to get the money.

If you were the trustworthy guy you are presenting yourself to be here,
you would write this on your website:

"This EA is profitable.
I have no protection for it, therefore I will not refund your money.
I will help you to find the settings and brokers to get profits, but I will never ever grant a refund.

Please read my terms and conditions which state that you will not hold me or my company or others accountable for probable losses."

That would clear the plate once and for all.

Another suggestion:
Search for a good protection for your EA.
It is not cheap.
It costs 500 Dollars and if it is as profitable as you claim it to be,
spending a few dollars on a good protection would prevent you from always blaming your customers .

I see it in all your relevant postings.
You think that people will buy your EA, then ask for a refund in order to get a free lunch.

This is your own fault, Richard.

There are a lot of people out there who have a decompiler and who are looking for a free lunch.
You should protect your EA against such people instead of blaming each customer that he surely is one of these "free lunchers".

I have proven that your EA does not work and you had absolutely no justification to refuse the refund.

But you did.

And because of this you are responsible for all the "scam artist" and other words which you don´t like.

Start to take responsibility for your actions and stop blaming others all the time.

 

[richard swaby]

I have proven that your EA does not work and you had absolutely no justification to refuse the refund.

Galina, you have proved that using the old EA with the old settings during the most difficult trading time of the year that the EA broke even. The EA has been updated since and is much improved. Even the version you used in January made 100% in December. Do the Math, 100% in December, break even in January.

I will be making my refund policy as clear as day on my site. Why we are still doing this I do not know. I just wish Bill would hurry up and get back to me because this does not need to go any further. You are getting your refund Galina, no need to complain further, you have made yourself clear time and time again. I understand, thank you for helping me see the errors in my refund policy and allowing me to strive hard to improve it in the future. It has been a fantastic lesson learned.