App T&Cs and disclosures

Hi A,

Great site you have here!

I downloaded an app to trade in CFDs with 8 weeks ago via a link on Facebook. I completed the verification process and there were several welcome emails from them; however I got so absorbed and lost (£30k+ all my life savings + debt on credit cards).

Now I am trying to seek financial redress based on fraudulent misrepresentation leading to a breach in contract. I will use capacity as well due to my mental health. However - I need your expertise here, according to FCA (COBS 10) they are required to have completed an appropriateness test which I don't recall completing - which will generate a warning for me.

Trawling through my email - I cannot find a copy of the terms and conditions or a copy of the risk disclosure or any warning/appropriateness test.

However, the T&Cs and risk disclosures can be found on their website - they never emailed me a link to it and I never went onto their website until a few days ago to find them at the "bottom of the page" in fine print. 

Hence, they have fraudulently misrepresented the products they were selling through the lack of disclosure of their true nature and have not acted bona fide and abused the trust of a vulnerable person.

Is there any case law with regards to disclosure and T&Cs with regards to apps?

Also - please direct me to someone in your network who can help me repudiate the entire agreement. I have thought of opening a claim with the FOS - but I might be too weak for this and will need the arsenal of a qualified specialist lawyer in this area.

Many thanks, C

Thanks for your question.

This is outside my expertise, and unfortunately I'm not in a position to recommend any particular person or firm for this.

If I were you I would look for firms professing expertise in both financial services law and consumers law based outside London.  A good place to start would be:

http://www.legal500.com/assets/pages/united-kingdom/uk.html

Another possibility would be to try getting pro bono help. London would probably be the best place for this, as many of the big firms that do have the right sort of expertise expect their junior lawyers to devote some time to pro bono work.  See:

https://www.lawworks.org.uk/legal-advice-individuals

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