FXSuit ロンドンの法律事務所 弁護士からのレター

18.June.2021 ロンドンの法律事務所 弁護士からのレター

Dear Mr XXXXX
I have reviewed your case and hereby provide a short summary of the actions that we have
undertaken.
First, we examined the evidence that you provided and we drafted a note of advice and a due
diligence report on the broker. In our note of advice, we identified Salvax Limited (‘Salvax’) as
the potential defendant. Salvax, the company who owns and operates the website of FXSuit,
is incorporated in Bermuda with registration number 53275 in the Registrar of Companies
Directory of Bermuda register. The director of Salvax is a person called Navruz Akpinar (‘Mr
Akpinar’), residing in London.
Then, on 3 February 2021, we drafted and served the pre-action correspondence (letter of
claim) to Salvax. On the same day, we received an automatic response that the Japanese
support was no longer operating. Note that we are yet to receive a comprehensive response
from Salvax.
On 29 April 2021, we sent further correspondence to Salvax. We also sent this further
correspondence by post to the London address that we have for Mr Akpinar from the Registrar
of Companies Directory of Bermuda. According to the Royal Mail records, our letter was
delivered on 1 May 2021.
Despite our efforts to establish a line of communication with the broker, we are yet to hear
back from them and you have asked us to provide you with the available options to move
forward with this matter. We share the same view with you that the pre-action stage has now
been concluded and that it is unlikely that the broker will respond to us. Besides, as you are
already aware, Salvax has closed down its operations in Japan following the events of late
October 2020.
With regards to next steps, we need first to consider the jurisdictional issues of the matter.
You reside in Japan and Salvax is incorporated in Bermuda. Salvax’s registered address is
not accessible on the Registrar of Companies Directory of Bermuda, but we assume it to be
in Bermuda as well. Therefore, as the general rule is that the courts of the defendant’s
domicile/registered office have jurisdiction, the courts of Bermuda will have jurisdiction on this
matter. It might also be able to argue that the courts of Japan have jurisdiction, on the basis
that you were a consumer of Salvax’s services and/or that Salvax had an establishment in
Japan.
However, there appears to be no UK link that would allow us to argue that the courts of
England have jurisdiction over this case. Nevertheless, even if UK jurisdiction could be
established in your case, your claim should have to be based on the Financial Services and
Markets Act 2000, according to which you are only allowed to claim for losses, not for loss of
profit or loss of an opportunity. I note from the schedule of deposits and withdrawals that you
provided, that you have actually been able to withdraw more money from the broker than what
you deposited, therefore a loss cannot be established in this case under English law.
To sum up, if you wish to proceed to litigation with this matter we will need to explore the
options available for you in Japan and/or in Bermuda. Considering that Bermuda is an offshore
jurisdiction, we do not know what assets Salvax has and this might give rise to several
implications enforcement might provebe a very lengthy and expensive process with uncertain
results. I understand, however, that you wish to proceed with this matter. If you wish for us to
contact a lawyer firm in either Bermuda or Japan and request their advice on your matter, I
will need to prepare a brief and background by way of instructions, for which I estimate to
require between four and eight hours of work. In this instance, I am happy to quote a fixed fee
of £1,500 + VAT to complete these activities. Once we have the foreign lawyer’s advice, we
will need to consider the best way to pursue this matter further under the laws of either
Bermuda or Japan.
Please let me know how you wish to proceed.
I look forward to hearing from you.
Yours faithfully

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