RESOLVED - Tradewithprecision.com (Nick McDonald)

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).

As far as I am concerned, you can expect to buy a course and expect to get a full refund if it does not live up to my expectations, especially if the guarantee says so using words like " dramatically improves your trading ".
 
The terms of the guarantee do impose some limitations. If you didn't like them, then buying it was not a wise move.

The terms limit refunds to 1750, correct?
 
The terms of the guarantee do impose some limitations. If you didn't like them, then buying it was not a wise move.

The terms limit refunds to 1750, correct?

If the stated terms and conditions of a refund of a company or person selling a course are contradictory, contain unfair terms and trading practices, they should be set aside altogether and a fair and reasonable settlement made which is to return the customer all the money paid for the course. I have demonstrated in my three emails to Nick McDonald that Trade With Precision terms and conditions are contradictory, contain unfair terms and trading practices. Consequently, I will not accept £1,750 as adequate compensation.
 
That is becoming stubbornness and will lead you to nowhere.
If you don't believe me, that's alright, make a charge at your "British Court", let the procedures work normally from there and inform us after a month how much money you had thrown on that case.
So, you are now after some max. additional 1000 pounds to get the full refund of the course, right??

That will be great. Tell me about one lawyer who'll hold your case for 1000 pounds and I'll sign him/her to be one of my lawyers;)

Stop stubbornness, understand the facts once and for all, not your imagination and what you like.

You see the company terms and conditions as contradictory, simply do not buy the course.

You'll not teach companies about how to set and apply its terms and conditions, it's not your own property to decide on!!!
 
If the stated terms and conditions of a refund of a company or person selling a course are contradictory . . . . I will not accept £1,750 as adequate compensation.

Surely that is your perogative, if you are willing to sacrific the partial refund offered you for the sake of your principals. Though laudable, it is not a very pragmatic choice.
You have made a loud public point here, with your complaint that likely will have a much larger negative impact on the operator over the long haul than the difference between his offer and your demand would indicate. if you were out to punish him you may well have succeeded, for that was his choice. This all comes down to whether your obstinance (with its inherent costs to you) is more valuable to you than is the value of the seller's unwillingness to acquiesce, is worth to him!
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In the end the Bull usually leaves the Stadium dead before the Matador; but occassionally, the Bull gets one last opportunity to laugh in seeming victory before he too succumbs to his own unrecognized, but imminent certain demise.
.
Tell me kwaldron, are you the Bull or the Matador?
And, how shall this Sunday afternoon end? With one dead or two??
.
AI
 
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To the moderators and senior forum members, thank you very much for your posts. I sincerely appreciate you taking the time to help us to resolve this matter.

We have tried extremely hard to satisfy KWaldron and we are still trying but we continually fail to do so. There are many points posted here by KWaldron that I disagree with or that are factually incorrect but we have already had that slanging match on email over the same points and it got us nowhere. Repeating that in a public forum is unprofessional and hence I have stayed out. However, I am prepared to answer any questions and provide all information requested of me by the senior members to put this matter behind us. To be listed in this forum over what is essentially a disagreement is extremely frustrating for us.

We feel we have gone above and beyond what is fair and reasonable under the circumstances. Twice we have tried to meet half way and raised what we already thought to be an extremely fair and suitable offer but each time it has been met with demands for more. The demands also got more threatening as we progressed which has made negotiations somewhat difficult to say the least.

I do feel the need to clarify the accusation of me lying. As stated earlier, I was misquoted and a partial sentence used. It happened again on this forum in post #15 where KW yet again quoted part of a sentence, instead of quoting my words in full - “we have never had so much as a request for money back, let alone the allegations that you are making towards us” is indeed an incorrect statement but the full sentence as you will see in my email as posted in #13 actually says "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". We have indeed had refund requests on lesser product in the region of a few hundred dollars and dealt with them all fairly and promptly as we explained in early emails to KWaldron. The statement I made here related to the higher value products that KWaldron purchased Precision Platinum Package and involved in that package is our core course named Mastering The Markets. We have literally, never had a request for money back on these products that were purchased by KWaldron and we have been in operation since 2006.

Lastly for clarification so that readers have all the information they need to come to their own conclusions, it has been stated by KWaldron that we have removed our satisfaction guarantee. We have not removed this and it is in the exact same place it has always been at Precision Platinum Package | Trade With Precision. We have had thousands of clients purchase our courses over the years and this is the first time we have ever been met with such claims as we are met with here.

We hope that we can put this behind us.

To the moderators - please let me know if you want any more information from me.

To future potential clients of Trade With Precision who may be reading this - I urge you to read this forum from start to finish, as well as check our t&c's carefully so that you can judge for yourselves the integrity of the people that you are dealing with at TWP. Our contact details for multiple countries are listed on our website and if we do not answer the phone then we have a policy to return every call within a maximum of 24 hours. Feel free to call us for a chat at any time!

Regards,

Nick McDonald
 
I reply to Nick McDonald's post # 26 above, as follows.
I stand by my assertion that TWP's terms and conditions were contradictory, biased and contain unfair terms. In a situation such as this, those terms and conditions should be set aside altogether, and a fair and reasonable settlement made which is to refund the full cost of the course. NM says above it is unprofessional to have public discussion on the issues involved. If that is the case, why did he not accept the offer made in my email of October 17th 2012, to go to the Small Claims Court in the UK by mutual agreement and have the dispute resolved there?

In my earlier post, I accused both Travis McKenzie and Nick McDonald of lying to me during my quest for a refund. NM in the above post did not mention the lie by McKenzie in which he told me in a telephone conversation that he would issue a full refund if I returned the manuals to an address to be provided by him in good condition. When I confirmed this agreement in principle in an email the same day, back came the reply that he did not have the sole authority to issue refunds.
Regarding NM's statement above that I wrongly accused him of not telling the truth, consider the following: I bought a composite product from TWP called the Precision Platinum Package which was made up of the following elements: PTE course; MTM course; the PFX course; and one years mentoring.
I was dissatisfied with both the MTM & the PFX courses. The indications in an email sent to me by Travis
McKenzie on October 12 21012 was that several people had asked for refunds, and he sent me copies of two recent requests one of which included a request for a refund for the PFX course. Therefore people had requested refunds for products within the overall composite product that I had purchased.

Since I did the purchase, TWP have completely revamped their home page. The Satisfaction Guarantee was on their home page when I did the purchase on September 17th 2012. They now have moved it elsewhere on their website but I do now accept that it is still there if you dig for it.

My demands have remained the same since I opened this thread. I want the balance of what I paid for the course (£999) refunded, and reasonable compensation for my time.
 
If there are any conflicts in the terms, those should have been discussed before purchase.

It appears that the terms do limit the maximum refund to 1750 pounds. 1500 have been paid. I would think that another 250 would resolve any possible claims, especially in light of this item from the email filed as part of the case documentation:

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.
 
If there are any conflicts in the terms, those should have been discussed before purchase.

It appears that the terms do limit the maximum refund to 1750 pounds. 1500 have been paid. I would think that another 250 would resolve any possible claims, especially in light of this item from the email filed as part of the case documentation:

As stated previously I am not prepared to accept another £250 on top of the £1,500 already credited back to resolve the issue. When I wrote that email I did not know their terms and conditions were so bad- TWP, for instance, are implying an unfair term against me in the case of proceeding to the PFX course. TWP have changed their mind several times, as follows:1. they would refund everything I paid if I returned the manuals in good to an address to be provided by them (this was reneged on by Travis McKenzie who made it); 2 They owed me nothing but would pay me £800 as a goodwill gesture; 3. the offer of £1,275 to settle it; and the crediting back of £1,500 to my credit card.

As I have stated several times previously, their terms and conditions are so contradictory, biased and unfair they should be set aside altogether and a fair and reasonable settlement made which is paying me the shortfall of £999 on the amount refunded, and reasonable compensation for the disruption to me.
 
kwaldron,
You know you started out generating some sympathy for your case, but as a result of your own obtuse statements and position you have endup up generating sympathy for the vendor!
As a person who has dealt with the public for many years, I don't mind saying you are certainly the customer from hell.
AI
 
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