I entered into a contract with
Luxman trading Concepts on March 9, 2009, to purchase an Automated Futures
Trading System, which places futures trades according to pre-programmed
criteria programmed into the system. The name of the system I paid for is the
“Freedom S&P E-Mini Trading Program.” The agreement both parties agreed
to stated that If the “Freedom” program I bought into did not show a profit by
the benchmark trading system used by Luxman, I will receive my total refund of
$6000 back. Half of the refund at the six-month mark from the first day of the
next full trading month of my initial entry (which puts the official start date
as April 1, 2009). The remainder of my refund paid back to me at the
seven-month mark, again from the official start date of 04-01-09. If the
“program” shows a loss on the Luxman Trade Station Model used as the benchmark
by the time these dates are reached, a refund will be paid me. This puts the
six-month mark at October 1, 2009 and the seven-month mark at November 1, 2009.
On those dates, I sent a registered letter requesting my refunds according to
the contract. I have received nothing.
During the course of the seven months, the Freedom E-MINI trading system did
absolutely lousy. It did not come close to performing as promised me by Ward
Thompson and James Kennedy, both of whom represented Luxman and acted as agents
of Luxman Trading Concepts-before, during and after my signing on with Luxman
(I have e-mail proof of a promised gross dollar amount that I will have by the
seven month date sent by Ward Thompson-agent of Luxman-which of course, never
came close to reality). So with all this, no worries, right? I mean I had a
contract and an e-mail from a Luxman agent that promised me my money back. So I
should have felt good about proceeding to exercise my refund guarantee. But I
did not feel confident about these guys because on too many occasions I would
not get an answer back from them, especially by e-mail. It’s like they did not
want to leave an electronic trail anymore.
Since
it was becoming apparent that I would be able to excersise my refund at the
appropriate dates fast approaching, I sent numerous e-mails and left phone
messages dating back to September 2009 when it became apparent that I would be qualified
for my money to be returned to me soon. I requested information on when I can
expect my money back, for which it appears they do very much owe me. I abided
by the contract all the way. It also continued to appear that Luxman agents
James Kennedy and Ward Thompson and others at Luxman were purposefully avoiding
giving me an answer about my refund information I had been requesting. Since
those unanswered e-mails and phone calls by me finally followed by the promise
to pay me my money by the Luxman agent who called me by way of illegally
reading my personal mail. Luxman is now in obvious violation of the contract by
continuing to withhold my money and probably in violation of federal
communication as well as privacy laws their agents broke.
however, I did receive a call
from a man at Luxman on Nov 2nd, 2009 which I beleive was a direct result of a Luxman agent illegally obtaining an e-mail sent by me to my broker( I believe he was acting as Luxman's
legal person or maybe their accountant). Anyway, this person told me that he
would be mailing me a full refund that very day. So far, nothing. Just more of
the same –stalling, and apparently false promises from him and a broad group of
people representing Luxman and who only called me because he read my personal e-mail I sent to someone else.
I
might note that the only reason I received a call back was because of a
personal e-mail I sent to my Broker (Pacific One Group, a California company),
which by the way was set up by Luxman to do my trading. I mentioned to my
broker Jay Herbert, President of Pacific One Group, that I am unhappy with
Luxman's apparent fraudulent tactics and I will pursue a course of
justice in due time. Somehow, this private e-mail to my broker (Pacific One
Group) got back to Luxman. Otherwise, I am sure a representative from Luxman
would never have called me.
Again, this call from a Luxman
representative who illegally read my personal mail intended for Jay Herbert,
President of Pacific One Group only resulted in yet another false promise from
Luxman. It is odd how Luxman ignored all my e-mails and phone calls requesting
information on my refund but all of a sudden, someone from luxman felt
compelled to call me only because someone, or people at Luxman illegally
read my
personal mail sent to someone else.
These are the type of people others and I have to deal with just to get our
money back, which they have absolutely no right keeping from us. When someone
has possession of someone else's money against the stated objection
of that person, is not that thievery? At the very minimum, it is arrogance and
an attitude of above the law mentality on the part of these Luxman agents to
continue with the unlawful possession of my money. Can’t people
like this be investigated for fraudulent practices? Theft? Should they not be
charged with criminal behavior? I for one would like to see stiff fines and
jail sentences for these people if an investigation ever takes place by the
proper authorities and these Luxman agents are found to be guilty.
Luxman's whole guarantee of money
back is so geared towards them anyway, it’s laughable. Ward Thompson and James
Kennedy told me that the slippage is no big deal, very small, and the Trade
Station platform they use is almost on the money with actual trades, which will
take place in my actual account. They were not even close for many of the
trades my broker placed for me. Most of my trades were not the same as the
Luxman Trade Station platform trades placed by Luxman as the official gage of
the system's performance.
To anyone reading this and
thinking about investing with Luxman, Beware! My losing trades were almost
always more than their losses and my gains were almost always less than what
their gains showed. Making it very difficult for me to exercise my refund
rights according to their contract, which relies solely on their benchmark. My
actual losses after seven months was around $1950, including broker fees.
Luxman’s seven month performance profit/loss while trading the same future
contracts as myself showed a loss of around only $800 according to their
benchmark. Even with such an unleveled playing field that they had me on, I
still managed a loss according to their benchmark Trade Station platform and
therefore I had a right to trigger my refund, which I did by registered
letters.
So beware, If their benchmark trading system shows a
profit of just $1.00 over the prescribed six and seven months necessary but
your actual losses were more, they will have the legal right to keep your
refund. And remember, it’s not just performance slippage but your account
bottom line will probably always be less than theirs by the fact that they do
not subtract broker fees from their profit/loss results according to their
benchmark trades.
Just go to a site like the Better Business Bureau and read the
complaints! It is no wonder the BBB gives Luxman an "F" grade!