RESOLVED - Tradewithprecision.com (Nick McDonald)

Hello kwaldron.
No criticism intended at all.
It is just a reality that under the laws of most countries paying for 'education' is not the same a s paying for 'advice' or 'financial management'.
As a registered CTA, I can assure you there is a very big difference.
When you pay a registered entity for assistance in managing your funds, you have the presumption of prudence, as prescribed by your pre-established risk tolerance.
When paying for training, it is just that.
It is a little like taking a motorcycle training course, on-line. Armed with your certificate of completion, good luck on your virgin ride.

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If you need assistance, we are here to help.
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AI
 
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In reply to FX Cobra above, thanks for your comment but I would point out the following;
1. Some things have changed at their website since I did the purchase on September 17th 2012.
2. Their terms and conditions are still visible at their website if you dig for them.
3. It is normal practice for sellers of courses to offer a refund.
4. If a company behaves unreasonably in granting the request for a refund, then the customer is entitled to compensation for the disruption suffered as well.

Don't know what the company changed from some details in its website from 2 months ago but my main point is that you can't expect to get refund for each product you buy from the net. If that will be the case, no need for an author to write a book and sell it with some refund policy, to find half readers especially the m**** ones ask for a refund after reading it just because they didn't like the content.
A book or course or whatever contents info might be applicable for some and not for others, even with the authors of top selling books.

I might like Charles Dickens, Dan Brown, Rowling..etc books but you might not, and the opposite. I would not go back to the bookshop and ask for refund because the contents were not helpful after reading it all:confused:

Despite some m**** buyers on the net take advantage of refund policy on many products to return it and take their money back before end of refund period. That's nonsense. There must be the least degree of morals in such actions. This is when the owner of the book or course or EA or System or whatever must use the terms and conditions.

Certainly, don't take my words directed to you personally:D, it's a general opinion liked to give insight at as it's part of this thread discussed problem.

About the company being registered or not, registered to do another work..etc, that's another problem not included in your case with the broker.

Finally, I understand many companies and people through the net are cheating customers to buy a useless product and also manipulating the refund policy but those are mostly found(lets talk about the market industry here) in useless EA's, Systems, Software that are sold at cheap prices(according to high expectations that its owners promise customers to get) like some below 100 bucks.
Those must be punished but even with that the main objective must be awareness to customers or innocent buyers through the net, we can't track all internet abusers, but we can tell people it's crazy to buy any product that promises huge profits for some $$2500 like you had done.

What about reading some free forex stuff through reputable forex sites, learning from it, trading a demo and using the $2500 that you can afford to loose in a live account instead of loosing it easily on mostly not worth not guaranteed to work for you courses.
 
Hi Everyone,

My name is Nick McDonald and I head up Trade With Precision. Thank you to all those who have posted here, I am happy to speak with any and all of you to answer any questions you may have in order to clarify the matters at hand. Rather than going into detailed explanations, I thought it best to post the last two emails I shared with Mr. Waldron as they explain most of my side accurately. If questions remain then I am very happy to answer them. One matter I take offense to is the accusation of myself and my business partner having lied. I have been misquoted with parts of my sentences deliberately omitted to create the so called lie. There was never a lie told and I have written evidence of all communication to back this up and evidence the misquote if required.

Please find below my second to last email to Mr Waldron and I will post in a separate comment, my final email to him. It is up to Mr Waldron if he chooses to post his responses to the emails below - they were private emails from him to I so I will not share them publicly.

Email from Nick McDonald to Kieran Waldron on 22nd October 2012:

Dear Kieran,

You have raised some valid points in your emails but many of them are also very inaccurate and while we are prepared to negotiate fairly, you do not thus far appear open to do so. We have answered most of your points in previous emails so will try not to duplicate them here. We made an error on the aspect of the date that you originally contacted us to ask for a refund, please accept my apologies for this and in way of an explanation, this was sent directly to Craig Cobb and not to the general info mail box and I did not have the record to hand when I responded. There remains a key breach that you went on to watch the PFX course which is in very clear breach of our terms and did this before so much as a hint that you were dissatisfied. If you had of watched PTE first (perfectly acceptable as we suggested it), then watched MTM and told us thereafter that you were dissatisfied, then you would have received the exact amount of back of £1,750 that you requested in your initial email. One omission does not change all the other accurate information in my email to you on 17th October with the Subject 'Refund Request' and in every other area we have responded accurately and fairly.

Now that you are now either claiming directly or indirectly implying that we are misleading customers and fronting a fraudulent company, it has become a matter of principal to defend ourselves against these allegations. We are a legitimate and successful business with clients all around the world and a huge amount of respect and loyalty from our extensive client base. In 6 years of operation we have not had a single legal proceeding. After selling numerous Precision Platinum Packages and many more Mastering The Markets courses to happy clients in Britain and around the world, we have never had so much as a request for money back, let alone the allegations that you are making towards us. You are asking us to admit we have done something wrong by refunding you in full when you have now taken all the Intellectual Property we offered you as part of the package and we have fulfilled every single obligation due from us plus more. A full refund is something we are not willing to do and we also believe the courts will consider it unreasonable to be expected of us. We are however, willing to continue negotiations to reach a fair and amicable agreement and be able to put this matter behind us.

You claim that our Satisfaction Guarantee and associated terms are confusing and misleading

We have operated for over 6 years with no such complaint, literally you are the first and only and therefore a very significant minority
To back this up (if required as evidence by a court depending on how you decide to proceed) we will request testimonials from all past clients on whether they are happy and satisfied and from all PPP purchasers on whether they understood the satisfaction guarantee and the terms presented to them at the time of purchase.
That you believe them to be misleading does not make them misleading and a fair individual will look at all evidence and not only your interpretation of the wording. Since we are not the fraudulent company you are making us out to be, we will provide as much information as is necessary to defend these inaccurate allegations.

Request for full refund

Your original email asked for money back less 50% of MTM - this in itself showed understanding of the terms. The exact email from 9th October is repeated here:
Hi Craig,
Thanks for your replies to the points made in my last email. I have
now watched all the videos at least twice, and read the three manuals
sent to me as part of the course. I have given a lot of consideration
over the weekend as to whether I should stick with your course and get
involved in mentoring sessions etc but my overall conclusion was to ask
for a refund in accordance with the guarantee given at the outset.

I was already making some money in the forex market prior to taking the
course and I cannot see that anything contained in it will “
dramatically improve” my results. Please therefore arrange for a
credit to be made back to my Visa card, and confirm to this email
address that you have done it, as well as the amount refunded. I
calculate this to be £1,750. Thanks for your help and cooperation on
this matter.

Regards,

Kieran Waldron
You have viewed 100% of our courses and IP provided, most of it twice with no hint that you were dissatisfied and cost us money with printing of manuals. We have also spent considerable time with repeated emails, initially your requests for info or answers to your questions which we always answered and now with requests for money back. We have been fair and reasonable and offered far more than is due under our terms or anything that would be fairly expected of us.
You have showed your unwillingness to cooperate by reneging on your initial request and now demanding money back in full.

We have been more than fair, met half way and had Travis McKenzie, a company director and head of our Retail Division, talk to you on the phone to try to reach a conclusion. We have been, and remain, willing to negotiate to put this behind us without the need for legal proceedings. You on the other hand have moved only to a worse offer from a partial refund as per the agreed and accepted (and later breached) terms and conditions. We consider the amount we are now negotiating over is just £475 - the difference between what we have offered (£1,275) and what you originally requested (£1,750) and admitted in writing would be a satisfactory conclusion. For the time and effort involved in going to court over such a small amount it seems a waste of time and effort for all involved - you, TWP and the court. We have been, and still are willing to reach an amicable and fair conclusion. We have already met you half way once and increased our refund offer from the original £800 to the current £1,275. While we do not wish to have the time and cost associated with legal proceedings over such a small financial amount and will only do so if you make that decision, on principal we feel the need to accurately defend ourselves against your false accusations of misleading information and fraudulence.

How you proceed from here is up to you but we wish to restate that we have been willing to cooperate at every level, from assisting with your questions when you were a client, phoning you to try and resolve your dissatisfaction as soon as that became apparent, negotiating on a partial refund even though we believed and still maintain that this was not required and even now as you threaten us with legal action, we remain flexible and open to negotiation. What we will not do is offer a full refund nor will we give into unfair demands or accusations. We have been fair and request only that you will do the same.
How you proceed from here is up to you. Our offer remains open for a refund of £1,275, as does our offer to negotiate to a suitable middle ground. If you will not negotiate then the decision on how you proceed next is yours. We will restate however that this refund offer or any refund will also be subject to your written clarification that this satisfies the matter in full and that we have acted fairly to reach this satisfactory conclusion.

Regards,

--
Nick McDonald

Founder & Head Trader
Stock Market Trading | Forex Training | Forex Education | Online Trading | Trade With Precision *
CEO - Precision Universal General Partner Limited
Phone: +64 (0) 9 889 0855
Mobile: +64 (0) 211 324 716

Follow Trade With Precision on FaceBook or Twitter


*Trade With Precision is the trading name of Precision Universal LP (registration number 2540518) a limited partnership registered and trading under the laws of New Zealand whose general partner is Precision Universal General Partner Limited (registration number 3126045). The contents of this email are confidential. If you are not the intended recipient, you should not copy, forward, disclose or use the contents of this email or take any action in reliance on it. If you have received this email in error please notify the sender as soon as possible and delete this email from your computer system. Precision Universal LP may monitor outgoing and incoming e-mail for business purposes.
 
Final email sent from Nick McDonald to Kieran Waldron on 25th October 2012:

Dear Mr Waldron,

Thank you for your further email, the contents of which I have read carefully and fully noted.

At TWP we pride ourselves on providing only the highest quality educational products, delivered by a small and extremely professional group of staff who are committed to providing the very best service we can to all our customers worldwide. In such rare circumstances where a customer has purchased one of our products and may then question it's suitability for themselves we will always 'do what is right' - a philosophy I have employed throughout my career and particularly so with regard to customer satisfaction.

I have therefore once again gone through all of the correspondence between ourselves and taken into account all of the points you have raised in my endeavour to do what is right. I do not believe however there is any merit in elaborating on each individual point any further, (suffice to say there remains some considerable distance between us on the interpretation of events thus far as well as the appropriate course of action from here) my main regret being that we have been unable to convince you to remain with us and enjoy the full benefits of our educational package.

Having taken all of the above into consideration one last time, I have assessed again the level of refund I believe to be appropriate and I find myself returning to the £1,275 as previously offered. I have therefore today personally credited this to the credit card that you originally paid us with. To show my goodwill in achieving what we consider to be a final resolution to this matter, I have added an additional £225 to this amount and therefore you should expect to see a total credit on your credit card statement for £1,500 in the next 2-4 days. I believe that even prior to this additional gesture we had already offered far more than would be reasonably expected under the circumstances and hope you will recognise this final piece of goodwill in the spirit that it was intended, to show you that we have gone above and beyond our requirements to keep you happy and satisfied and hopefully to finally achieve that goal. We no longer wish to spend time on this and expect that this will satisfy your requirements.

We both seem to be agreed that there is little more point in communicating detailed arguments in writing so with that, I would like to again state my regret that we have been unable to convince you of the merits of our educational packages and offer you my apologies for the inconvenience we may have caused you whilst reaching this position. We pride ourselves on our professionalism and integrity at TWP and it is a rare and unusual disappointment for us to have a customer leave us.

I wish you all the best with your trading and future endeavours.

Regards,

Nick McDonald

Founder & Head Trader
Stock Market Trading | Forex Training | Forex Education | Online Trading | Trade With Precision *
CEO - Precision Universal General Partner Limited
Phone: +64 (0) 9 889 0855
Mobile: +64 (0) 211 324 716

Follow Trade With Precision on FaceBook or Twitter


*Trade With Precision is the trading name of Precision Universal LP (registration number 2540518) a limited partnership registered and trading under the laws of New Zealand whose general partner is Precision Universal General Partner Limited (registration number 3126045). The contents of this email are confidential. If you are not the intended recipient, you should not copy, forward, disclose or use the contents of this email or take any action in reliance on it. If you have received this email in error please notify the sender as soon as possible and delete this email from your computer system. Precision Universal LP may monitor outgoing and incoming e-mail for business purposes.
 
I reply to the posts made above by Nick McDonald on behalf of Trade With Precision (TWP), as follows.

I stand by my assertions that TWP’s terms and contradictory were biased, contradictory and contained unfair terms at the date in which I purchased the course,and that both Travis McKenzie and Nick McDonald lied to me during my pursuit of a full refund. If Nick McDonald insists they did not lie, then he should consider the following evidence.

Following on my initial request for a refund made on October 8th 2012, I had a phone call from Travis McKenzie the very next day. After a lot of discussion about the course and why I did not consider it suitable, I reiterated my request for a refund as stated in my email the previous day , to which he responded “ okay then, I will give you a full refund but you must return the manuals to us in good condition “. To this I replied “ I will do, just give me the address to which you want them sent “. He would not give me the address but said he would confirm it to me. Just a few hours after our conversation had ended, I sent him an email confirming what we had agreed in principle, and requesting that he confirm the address to which the manuals were to be sent. His reply to this email stated that he did not have the authority on his own to grant me a refund. If the latter is true, why the pretense in our telephone conversation that he had this authority ?

If you look at the second paragraph of Nick McDonald’s email to me on October 22nd 2012 above, you will see a passage by him which states: “we have never had so much as a request for money back, let alone the allegations that you are making towards us”. This is a lie as following prior exchanges with Travis McKenzie when he wrongly accused me of applying for a refund out of time, he sent me an email on October 12th 2012 containing copies of two emails from people who requested refunds during the month of September 2012 alone. Therefore McDonald’s assertion that nobody ever requested their money back is false.

If Mr McDonald objects strongly to me calling them liars, then let him post his reply to the two preceding paragraphs.
 
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I went to the point in my first reply to this thread case. You must be happy "Kwaldron" that you got 1500 pounds from Nick McDonald.

In other cases, the company will not reply to the client or will say you have nothing with us, you bought the course, read it all(used it), understanding the course or benefiting from it is another matter, that doesn't conclude that the course is bad or not.

You must understand that you can't buy any product use it and then say didn't like or didn't help me in anything, give me my full refund, it doesn't work like that.
If you just remember the least information found in the company course or saved something;), add it to the refund you got from Nick and you'll most probable reach the actual amount of the course(at least):p
What I mean, don't think you learnt nothing at all from the courses and you are in a loss investment situation now!!

Learn from your mistake and do not invest that big in courses that are not guaranteed to be appropriate for you.

Ofcourse, Nick will not tell you the right number of who asked for refund but definitely they'll not get a better compensation than yours and that do not determine the success of the company products.

After you took the 1500 pounds and explained your case in FPA Scam Cases Folder, it's time to close the page and walk through.
Arguing who is the liar helps in nothing other than prolonging the case for no reason, will reach you and Nick to nowhere.
Sometimes compromises are good, at least much better than lawyers & court fees with all the headache that accompanies.

Not like Scam Companies which passed through FPA forums that didn't care to reply to any of all clients complaints and getting a bad company image.

I don't think that Nick and his company are bad or scam, it's registered in NewZealand and he took the time to come here and explain his point of view without threatening or challenging, which means he has a name to fear about.
 
I went to the point in my first reply to this thread case. You must be happy "Kwaldron" that you got 1500 pounds from Nick McDonald.

In other cases, the company will not reply to the client or will say you have nothing with us, you bought the course, read it all(used it), understanding the course or benefiting from it is another matter, that doesn't conclude that the course is bad or not.

You must understand that you can't buy any product use it and then say didn't like or didn't help me in anything, give me my full refund, it doesn't work like that.
If you just remember the least information found in the company course or saved something;), add it to the refund you got from Nick and you'll most probable reach the actual amount of the course(at least):p
What I mean, don't think you learnt nothing at all from the courses and you are in a loss investment situation now!!

Learn from your mistake and do not invest that big in courses that are not guaranteed to be appropriate for you.

Ofcourse, Nick will not tell you the right number of who asked for refund but definitely they'll not get a better compensation than yours and that do not determine the success of the company products.

After you took the 1500 pounds and explained your case in FPA Scam Cases Folder, it's time to close the page and walk through.
Arguing who is the liar helps in nothing other than prolonging the case for no reason, will reach you and Nick to nowhere.
Sometimes compromises are good, at least much better than lawyers & court fees with all the headache that accompanies.

Not like Scam Companies which passed through FPA forums that didn't care to reply to any of all clients complaints and getting a bad company image.

I don't think that Nick and his company are bad or scam, it's registered in NewZealand and he took the time to come here and explain his point of view without threatening or challenging, which means he has a name to fear about.

In reply to your post above, the company's Satisfaction Guarantee did state that a customer was entitled to a refund if the course did not " dramatically improve your trading " . The Satisfaction Guarantee, as I pointed out, was at odds with their terms and conditions and has since been removed from their website.
 
I see two issues.

1. You accepted the 1500 as compensation, but feel that it is not adequate compensation. Did you send this information to Nick as soon as he said he was sending 1500?

2. If I understand the terms of the guarantee, the maximum compensation is 1750, correct?
 
I see two issues.

1. You accepted the 1500 as compensation, but feel that it is not adequate compensation. Did you send this information to Nick as soon as he said he was sending 1500?

2. If I understand the terms of the guarantee, the maximum compensation is 1750, correct?

There was no need to send Nick McDonald a reply to his email saying that he had credited £1,500 to my card because my three prior emails of October 17th, 21st and 23rd made it clear that I would not accept anything less than a refund of £2,499 as acceptable.

As the company's terms and conditions were contradictory and unfair, they should be set aside altogether, at least that is what a British court would decide in accordance with precedents set, and the full amount of the course refunded.
 
When we are discussing this case legally, it is not important what you think or like the compensation to be.
You can't guarantee or talk for 'a British court' what it will decide on this case if things gets further there(you'll pay more than the 2500 pounds asking for, on lawyer and others fees)

We want to know as Pharaoh asked if the max. compensation is 1750 pounds or not?(so 1500 will be fair)

You can't expect to buy a product and get a full compensation after using it, just because it didn't get up to your expectations.
You must understand that by now after my past detailed explanation posts.

You did not buy an EA or System for some 100 or 200 pounds, used it for some 2 or 4 weeks(refund period) to realize that it's not up to your expectations.
In your case, it's a full course, as if a collection of books & some more(videos, training for 12 months..)

The course is for education purposes, just like books, it might be not appropriate for all traders just as not for all readers(authors books).
 
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