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alexx431

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  1. hi. i think they will be able to say manifest error that the markets stipulated some interest payment. but the amount depends on central banks / libor rate ect and the amount of currency held and the length of time held. but they have deducted far too much so i am just wandering what sort of breaches i could write in the poc thank you
  2. hi all just a quick question. brief summary. i had an account at a forex broker, where i traded a currency vs another. i held it the trade (position) for about a week and then sold the trade (closed the position). i had a profit of around 10k. then the broker confiscated(stole) all the profit citing they made an error with the interest they should have charged me for holding this large trade/position. they claimed it was a manifest error, and furthermore claimed that they had been charged this interest by the banks where they copy my trade in the markets. i looked into what they were saying and found that the correct amount of interest according to the markets should have been around 5k. in their terms and conditions it states that any amount of interest or fees would be clearly stated. but now they are claiming manifest error. i would like to take them to court for the 5k overcharging as they have not provided me their calculations for 10k as in any event the calculations would be wrong as the correct amount was 5k my question is in the section of the particular of claim where i put the breaches that the defendant has breached what would i put there. after googling and reading the forums and looking for someone who had some sort of similar case. i came across the following. but i am not sure if they would apply to me. so please if you have any insight please do help me thank you what i have found online, i don't know if this is relevant or not The interest charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contract) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para. 8 and sch. 2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15 breach of statutory duty breach of contract tort of negligence
  3. Dear everyone I am in a predicament and really need advice. I booked an easyjet ticket for my whole family for October 1. I later PHONED easyjet to change the tickets for 2 january. Easyjet told me it would cost £200 for the change of date. In the phone call I entered my credit card details into the automatic system and then the customer service agent CONFIRMED that the change had gone through. A few days before the flight for 2 jan I phoned easyjet again, and they denied that I had made a date change. I had to prove through call recordings that I was correct and easyjet agreed. BUT because the date now was 28 dec they told me that the flight for 2 jan was full! I asked for the 600 euro compensation for cancelled/denied flight. Easy jet agreed that theoretically I am entitled to the cancelled/denied flight compensation, but then turned round and said that £200 card payment had not been charged to my card and therefore the booking was NOT considered a CONFIRMED booking. (p.s. I had never checked my statements beforehand, and it turned out that It was not charged.). Furthermore I had never received any correspondence from easyjet that my payment had not gone through. Therefore easyjet claimed that in their t&c’s only a confirmed purchased booking is eligible for 600 euro compensation and since the payment had not gone through this was a non-confirmed purchased booking. My feeling is that since I did everything that I should have done, Plus they told me initially on the phone that my change to the jan 2 flight was confirmed, that I should be eligible for compensation. Please let me know your views on the matter and it would be extremely helpful if anyone could provide me a link to show to easyjet to help me in my case Thank you so much
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