XM.com unlawfully cancelled my trades

Winston19

Recruit
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24
On 17 June, I gained a nice profit trading on GBPUSD. The prices of the two transactions were filled at 11:29:59 (platform time). Later, XM accused me of price latency arbitrage. In particular, they said that I was "taking advantage of the internet delays which do not reflect the market rates at the time your trades were executed." Thus, it is vital to decide whether the price entered was reflective of the market rates. In my formal complaint, I told and showed XM the evidence that it was so.

On 6 August, XM told me they would send me their final response that day. I am still waiting for it despite repeated reminders over the phone, e-mails and live chats.

As to the legitimacy of the cancellation itself, it is crucial to determine whether the price originally offered and confirmed by the business was correct or not. If not, XM cannot rely on the price latency arbitrage clause and should honor my trades. My account statement shows that the entry time of the sell order was 11:29:59. It also shows that the price quoted by XM was 1.69758. XM now says it was not a market price. Bloomberg quotation taken at 11:29:59 shows the price of 1.6978 which is three pips better for me. Given the widened spread, which naturally makes the price worse for me, the price quoted by the business was clearly reflective of the market rates and no error took place.

To pre-empt XM’s argument that their ticks may be different from the market rates-or at least from my evidence-I compared the closing prices. It is noteworthy that the closing price at 11:32:18 in the Account Statement is 1.69438 and that Bloomberg at the same time shows the price of 1.6943-the same one.

To conclude, XM cancelled my trades alleging that they were based on incorrect prices, however, this did not take place and therefore they should honor the trades.
 

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I approve that market price was at your open position price at that time there was a news release for GBP and price went to 1.6936 low, so your positions are valid. XM must pay your profits.

Enough from brokers scamming clients for off market prices latency arbitrage nonsense reason, let them go fix their system first.

Why you took all this time to complaint on FPA? However, this case is in Winston favor. Start filing complaints at XM regulatory bodies and invite the broker to this thread.
 
Dear Winston19,

On the 17th of June, 2014 following a thorough review of the trading activity in your account by our Compliance and Fraud Department, XM has concluded that the transactions carried out in your account at that time clearly reflected a technological trading pattern that was aimed at exploiting price latency opportunities on XM’s trading platform and bypassing the ticket limit order of trades; this was achieved through the use of artificial intelligence software that took advantage of sudden fluctuations in prices on XM’s platform.

Pursuant to Clauses 53.2 and 53.3 of XM’s Terms and Conditions, to which you agreed when you opened your account with our Company, it has been decided to close your accounts with XM and to revoke/cancel all transactions which relied on price latency opportunities.

Accordingly, you were not compensated for the profit resulting from the transactions in your account that we have determined as resulting from the above-mentioned price latency opportunities, since the transactions in your account that gave rise to such profits are revoked/cancelled and any profits initially shown in your account as a result of such transactions can, therefore, not be considered as legitimately made on your behalf.

Please note that XM is a reputable and transparent Financial Services Company and is by all standards a leader in the Forex Sector; needless to say that XM will take all legal measures to protect its business from abusive practices.

Kind regards,
Andrey - Official Representative of XM (Trading Point of Financial Instruments Ltd.)
 
fail, this is OTC market, latency from/to where? only in case of obvious "bad tick" there could be reason to revoke trade. Regulators in USA already already invented all the guidelines for OTC Forex, there is no need to reinvent the wheel, this practice should be invented in EU also! Or maybe dear XM representative want to dispute USA regulator's competence? XM already had been fined by Cysec in past, by the way.
 
Dear Winston19,

On the 17th of June, 2014 following a thorough review of the trading activity in your account by our Compliance and Fraud Department, XM has concluded that the transactions carried out in your account at that time clearly reflected a technological trading pattern that was aimed at exploiting price latency opportunities on XM’s trading platform and bypassing the ticket limit order of trades; this was achieved through the use of artificial intelligence software that took advantage of sudden fluctuations in prices on XM’s platform.

Pursuant to Clauses 53.2 and 53.3 of XM’s Terms and Conditions, to which you agreed when you opened your account with our Company, it has been decided to close your accounts with XM and to revoke/cancel all transactions which relied on price latency opportunities.

Accordingly, you were not compensated for the profit resulting from the transactions in your account that we have determined as resulting from the above-mentioned price latency opportunities, since the transactions in your account that gave rise to such profits are revoked/cancelled and any profits initially shown in your account as a result of such transactions can, therefore, not be considered as legitimately made on your behalf.

Please note that XM is a reputable and transparent Financial Services Company and is by all standards a leader in the Forex Sector; needless to say that XM will take all legal measures to protect its business from abusive practices.

Kind regards,
Andrey - Official Representative of XM (Trading Point of Financial Instruments Ltd.)

Hey Andrey,

Your reply in the name of XM is Scam just as your cancellation of the client positions.

Return your "Clauses 53.2 and 53.3 of XM’s Terms and Conditions" to your lock room, it helps in nothing other than extending your Scam Fact.

The client positions were executed at right market prices. you couldn't bear him trading on news release and winning, then you must announce that you don't accept news trading methods.

But since you have no restriction on that, then your clients are free to take advantage of market prices provided near, during and just after news releases.

What abusive practices are you talking about!?! The prices were there, the clients traded it.

What reputable are you talking about!!!!Reputable on yourself. Nobody accepts your Scam action.
 
Winston- Instantly start filing complaints at every regulatory body XM registered at.
 
Winston- Instantly start filing complaints at every regulatory body XM registered at.

IMHO, it won't help. When a broker keeps a backdoor in his own terms and conditions that he cancel trades, it's a dead end. Regulators shouldn't even allow such terms. Whatever trade the broker doesn't like, they will just cancel it. I'd really like to see them cancelling a losing trade for such conditions (latency prices as they call it), it never happened.
 
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