Hi all,
Received correspondence yesterday that we will find out the outcome in 2 weeks time as to what action if any WH will be taking. Will keep you all posted. Reason they have given for the delay is having to find out more info from a third party about the fault
Being able to prove that the fault exists is one thing, but they will also have to demonstrate that the average person playing the game would clearly realise that they were not simply "getting lucky", but knowingly exploiting a fault.
Your lawyer will have to argue that whilst a fault exists, it's impossible for the average person to realise that they are obviously winning because of a fault, rather than being lucky. The court isn't going to be impressed by a "should have realised" argument based on probability mathematics that seek to show that the result was probably not luck, they will want to see an argument that it's plainly obvious to the average person, such as getting paid way too much for every win, so much that the overpayment is obvious, not just slightly over.
You have to remember that players often claim that they are LOSING because the game is rigged or faulty, but casinos tend to dismiss such claims as players not understanding the nature of probability and random outcomes, and that they just had an unusual, but perfectly acceptable, run of bad luck.
It's probably the fact that it's such a large amount that has WH still trying to find a way to get it back.
Don't forget consumer contract law in any defence, this may help even if there IS a fault, and the "should have realised" argument looks like it might get some traction in court. They also "should have realised" before paying out the winnings, and this is where consumer contract law could help:- If the BUSINESS with all it's back end resources failed to realise the game was faulty at the time it was played, they can't expect the ordinary consumer to have noticed.
It seems a big sum to a player, but to big business like WH and the game supplier, it seems too SMALL an amount to be worth making such a big fuss that is bound to ensure that them running a faulty game for a prolonged period ends up being a widely read story, both by potential players AND national gambling regulators. It's a risk they will have to take if they decide to pursue a hostile court action, and even then there is no guarantee that they will be awarded the full amount of the disputed winnings.