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Jerry
I appreciate your comments very much. Re; "agreement which disavows them from
liability" I shall have to do more work on. I have some 'evidence' so far in that as
soon as I realised there was a problem with the order execution I made some checks
and screen captures of 2 platform errors. 1# I had a platform from a different
provider running at the same time which showed different prices for the same stock
and 2# My BuyerRef number was not on all the trades in the course of sales that
purportedly made up the order.
Also, I have just found a heap of complaints about their system errors on a local
forum.
Thanks
--
Regards,
jon mailto:jonmac@xxxxxxxxxxx
Saturday, February 7, 2009, 2:37:38 AM, you wrote:
d> Jon
d> It sounds like you have a tough case. The problem as I see it is they are
d> pointing the finger at you saying, you placed the trade, albeit their
d> security measures failed. They will probably point to elements of your user
d> agreement which disavows them from liability based on failure of their
d> software so you need to examine this document closely and understand all the
d> relevant provisions. It reminds me of a case against a property I once
d> owned. The tenant cooked sausage on her stove and had the habit of laying
d> down for a nap while it cooked. The smoke alarm would wake her up and she
d> was always able to salvage the meal. Then the fire alarm failed and she near
d> burnt down the whole apartment complex. She claimed the fault was mine
d> because the smoke detector failed. Luckily their was a required annual
d> inspection the day before that reported that all the smoke detectors worked.
d> When the fire department examined her smoke alarm they found the battery
d> missing. It probably was in one of her kids toys. The reason I am relating
d> this to you is that possibly the only hope you have is if you can show they
d> were negligent in supporting and maintaining the software. If they knew
d> about this problem. If other users had experienced it and reported it etc.
d> If they have a users forum or some other way of contacting other users
d> possibly this is a way to get this info.
d> Best of Luck
d> Jerry
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