Captaincookscasino effectively stolen my money...

**vinylweatherman** · 11th May 2010, 10:11 PM

Originally Posted by Gouldster

Hey,

yeah its not like a throwaway card. i dunno, its tuxedo-eccount one. you top it up in shops and stuff. when i joined up i set myself as the account holder, with my wife - my then girlfriend as the named cardholder.

the reason i got it for her was she never had a bank account as she was new to the uk. but then after she got a bank account she never used it. so i kept it for using online.

i dunno, as far as im aware, as the account holder i can use the card. its my name and address on the account page when you check online. and my details to log in. plus the card is linked to my paypal account with no problems, and if i remember correctly when buying goods online ive had to type my name in as billing info with it.

as far as i can see there's no issue of fraud here. they just think i didnt comply with the T&Cs... I think i did! I have contacted tuxedo tho, to make 100% sure i am correct in thinkin i can use the card.

anyway, i guess ill get some replies to my emails tomorrow. I will keep you informed.

Thanks for the imput guys

if nothing else, i'll be reading those terms and conditions next time

Strictly speaking, you are GIFTING your money to your wife to use. It's HER card, even though YOU set it up, and YOU funded it. There is no way the casino can tell from their end that this is OK. Tuxedo themselves may even think that although YOU registered the account, only your WIFE should be using the card.

Retailers tend to be less fussy when it comes to husband and wife sharing the same card, but casinos are REALLY tight on this. They are not going to accept your evidence that you can log in, show a screenshot with your details on the statement page, etc. After all, THEY face paying out £1000, and they don't want to if they can get out of it.
Think of casinos as you would an insurance company. Neither WANT to pay out a fortune, and will NOT do so if you have violated the "smallprint". Look at the scandal of critical illness insurance policies, where companies have declined to pay based on a visit to the doctor for "toothache", often as a CHILD, simply because you didn't declare it when applying, and are now dying of cancer. Payment has to be WRUNG out of them through the ombudsman, and it is sometimes the case with casinos, they MAY pay when a complaint is taken to an "ombudsman", such as eCogra. Crucial will be the reply that you get from Tuxedo. IF they say you should NOT have been using the card, you are pretty much screwed, if they say you CAN though, pursue the issue.

The card sounds similar to the Net+ card, and I am sure that ONLY the Neteller account holder is SUPPOSED to be using it, even though "couples" probably share these online.

**baabaa006** · 12th May 2010, 05:13 AM

I think you should get paid the full amount. If the casino wants to be active in stopping fraud/money laundering then wouldn't it be more valid to stop the deposit in the first place.

Originally Posted by Gouldster

"9. If the Credit Card or E-wallet used to deposit and/or withdraw funds is not in the name of the individual registered on the Casino account, then all winnings will be void."

Is CaptainCooks casino now going to refund all deposits made by individual's with mismatch credit cards?

I'm sure they would have let you keep depositing for as long as you could with that very same card (until you wanted to withdraw).

**Gouldster** · 12th May 2010, 05:10 PM

thats my issue. this should have been picked up and the deposit request rejected or whatever you call it...

plus captain cooks is like part of a few casinos isnt it? with casino reward i think i got membership to 4 or 5 of them. sure i woulda deposited with this card one those also... cant be certain though.

still no reply from them, although their rep contactged me last night and said she would look into it.

**Gouldster** · 14th May 2010, 12:09 AM

Originally Posted by vinylweatherman

Strictly speaking, you are GIFTING your money to your wife to use. It's HER card, even though YOU set it up, and YOU funded it. There is no way the casino can tell from their end that this is OK. Tuxedo themselves may even think that although YOU registered the account, only your WIFE should be using the card.

Retailers tend to be less fussy when it comes to husband and wife sharing the same card, but casinos are REALLY tight on this. They are not going to accept your evidence that you can log in, show a screenshot with your details on the statement page, etc. After all, THEY face paying out £1000, and they don't want to if they can get out of it.
Think of casinos as you would an insurance company. Neither WANT to pay out a fortune, and will NOT do so if you have violated the "smallprint". Look at the scandal of critical illness insurance policies, where companies have declined to pay based on a visit to the doctor for "toothache", often as a CHILD, simply because you didn't declare it when applying, and are now dying of cancer. Payment has to be WRUNG out of them through the ombudsman, and it is sometimes the case with casinos, they MAY pay when a complaint is taken to an "ombudsman", such as eCogra. Crucial will be the reply that you get from Tuxedo. IF they say you should NOT have been using the card, you are pretty much screwed, if they say you CAN though, pursue the issue.

The card sounds similar to the Net+ card, and I am sure that ONLY the Neteller account holder is SUPPOSED to be using it, even though "couples" probably share these online.

So i spoke to the people at Tuxedo today explained the whole situation and they said i am fine to use the card. They said the account is mine and the card is therefore mine.

Ive still heard nothing back from the casino or their rep, so I'm at a bit of a loss as to what to do now.

I would hazard a guess they will simply say that i breached the T&Cs. But I dont think I have. All seems to hang on their definition of the card being "in the name of..." the casino account holder.

Am I best to try and give them a call? Or simply wait for them to get back to me?

Thanks guys

**Jasminebed** · 14th May 2010, 12:11 AM

Gouldster, it might be best if you got Tuxedo to confirm in writing that it is your account to use.

**Gouldster** · 14th May 2010, 12:50 AM

Hey jasmine,

Thanks. Yeah the gentlemen I spoke to said I could simply print off the pages from the account, the statement shows the payment to the casino from the deposit, with my name and the account number at the top.

I emailed them a minute ago with the page attached. Probly shouldnt put the email up on here though.

He also said I could print the page where it list my missus as a cardholder. And if all else fails I could call them back and they will see what they can help with.

Time will tell I suppose... If I ever actually get a response from them.

**Gouldster** · 14th May 2010, 11:06 AM

Well the plot thickens.

I just recieved this email from the Casino.

Hello Andrew,

Sorry but in order to use a card which is not registered in your name, we required verification documents prior to making a purchase. Furthermore, I can see we emailed you on 08/05/2010 requesting these documents and you never sent in anything until after I emailed you explaining the winnings were void on 11/05/2010.

As previously explained, the terms and conditions clearly state: "9. If the Credit Card or E-wallet used to deposit and/or withdraw funds is not in the name of the individual registered on the Casino account, then all winnings will be void."

The name on the casino account is "********" and the name registered on the credit card is "*******".

As per my previous email, all winnings on the account are void and a cheque for £50 will be sent out in the name of "*********".

Thanks for your patience and if you have any other queries about this just let me know.

We are endlessly striving to better our service. If there is anything more we can do for you, or if we could improve your experience, please do not hesitate to let us know. We are always here for you - 24 hours a day, 7 days a week, 365 days a year.

Thank you and kind regards,

Rhys

Casino Risk Management

That is, excuse my language, but complete bulls**t!!! They sent me no email on the 8th. The first email I recieved from them was 11th when they told me I wasn;t getting payed.

Now it also seems that you can breach their terms and conditions if you send them some documents. Except that they won;t ask you for the documents and if you win they will stiff you.

To hell with privacy, here is my reply.

Please could you send me evidence of you emailing me on 08/05/2010 as I recieved no such email.

You have recieved verification from me as soon as I was notified of the problem. Verification which clearly states the card is registered to me.

It would seem to me now that you are simply trying to shirk your responsibilities of paying what is owed to me.

Whatsmore, your email is contradictory. One the one hand you claim that using a card in someone elses name is against your terms and conditions and therefore any winnings will be void. However you claim that had I had replied to your phamtom email with verification, there would be no problem.

This is all largely irrelevant however, due to the fact that as previously stated, I have not broken your terms and conditions.

This matter is in no way closed.

Yours sincerely,

Does this stink to anyone else... Because it does to me.

CaptainCrooks more like...

Anyone know who I can complain to? They are US based I guess and I'm in the UK.

**Nifty29** · 14th May 2010, 11:25 AM

Its really unfortunate as it would appear, going by what you are telling us, that you didnt deliberately try to defraud the casino.

However the terms state:

If the Credit Card or E-wallet used to deposit and/or withdraw funds is not in the name of the individual registered on the Casino account, then all winnings will be void."

....so you did in fact violate that term.

The part I dont understand is this:

Sorry but in order to use a card which is not registered in your name, we required verification documents prior to making a purchase. Furthermore, I can see we emailed you on 08/05/2010 requesting these documents and you never sent in anything until after I emailed you explaining the winnings were void on 11/05/2010.

The casino asked you to send in some documents from your partner, but you didnt send them. Surely if your partner was OK with it all and you werent trying to pull a fast one you would just get her to sign the docs and send them. If you had, you may not have been in this situation as it appears the casino was willing to throw you a lifeline (which they were not obliged to do) to allow you to be paid. As it is, they probably figured that the absence of a reply meant you werent going to follow it up and therefore you were probably trying to scam them - hence the deposit refund and confiscation of winnings.

You should put this down as a lesson learned and always make sure you use your own payment methods in the future. You should also make sure you reply to casino requests asap.

I dont like your chances of being paid now.

**Gouldster** · 14th May 2010, 12:46 PM

whoops! it appears they did email me on that date. I've just scoured my junk mail and found. Came from a different email address though.

Well I've sent them the info they asked for so we will just have to see.

**vinylweatherman** · 14th May 2010, 01:59 PM

Originally Posted by Gouldster

whoops! it appears they did email me on that date. I've just scoured my junk mail and found. Came from a different email address though.
Well I've sent them the info they asked for so we will just have to see.

That is just stupid. They should ALWAYS use a valid account that the player is EXPECTING emails to come from, otherwise it WILL end up in a junk folder.

There is an element of trickery here, because it seems you ARE fully entitled to use this card, and this surely is up to the issuing BANK to determine, NOT a merchant.

It also seems they didn't make too much effort considering the SEVERITY of this issue. WHY no follow up to the email when they didn't hear back, a phonecall perhaps (they phone ME when they want a deposit, or have an extra offer for me).

It seems they did the minimum they could arguably get away with, and only made sure you were aware when it was too late, as they say it makes no difference now even if you CAN prove you are fully entitled to use the card.

They are treating this like a standard credit card, but it is not, it is more like a pre-paid gift card. You could alternatively have used UKash, bought at a Paypoint using this card, and the casino would have had no problem with this. Indeed, your WIFE could have bought the UKash voucher, and you could have used it.

This is the letter of the law ruling over common sense, and is just what consumers should expect from big business, especially insurance companies, and it seems, online casinos.

As you say, if this was such a problem, the DEPOSIT should have been blocked straight away, not credited for play and potential LOSS, and not released UNTIL they got a reply to their email, or you contacted them to ask why you were not able to play with your deposit.