How To Take Legal Actions Against a Casino

RichyJ75

Has been a very naughty boy ...
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Apr 3, 2015
Location
Kent
Can anyone provide any advice on this please?

I am a UK player and played at an online casino with a UKGC licence (part of a group of casinos) and also registered with the MGA. Withdrawal confiscated on incorrect grounds. Went to IBAS who say it was a regulatory issue, so went to the UKGC and provided details to them and they said the operator has confused different aspects of their licence. Casino also ignoring complaint at AskGamblers.

The casino have now blacklisted UK players and have refused to answer my questions.

As they are based in Malta, I cannot go to a small claims court in the UK. I presume I need to instruct a solicitor to take this on and get papers served locally? If so, do I use the registered address shown on the casino website, or do I use the address shown for their UKGC licence on the UKGC website as they are different, but both based in Malta? Is it the licence holder I need to sue or the named casino?

I know I am in the right and have saved screenshots and e-mails throughout, so would also seek to reclaim out of pocket costs such as the legal fees, etc.

Any recommendations?

Cheers!
 

RichyJ75

Has been a very naughty boy ...
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Apr 3, 2015
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Kent
Grey area. Court Judgements are enforceable in all EU countries AFAIK. They should have a UK address and assets as part of their UKGC requirements too.

Cheers. How would you go about looking for their UK address and assets? I have enquired already on the Companies House webcheck and also on the UKGC site, but couldn't find anything.

Small claims court state the defendant should have an address in England or Wales.
 

Gaz237

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chelmsford UK
Cheers. How would you go about looking for their UK address and assets? I have enquired already on the Companies House webcheck and also on the UKGC site, but couldn't find anything.

Small claims court state the defendant should have an address in England or Wales.


You might be best if you PM Maxd.

He deals with the Casino complaints (Pitch A Bitch) and may be able to mediate with the casino direct for you, before you progress to the next stage.
 

RichyJ75

Has been a very naughty boy ...
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Joined
Apr 3, 2015
Location
Kent
You might be best if you PM Maxd.

He deals with the Casino complaints (Pitch A Bitch) and may be able to mediate with the casino direct for you, before you progress to the next stage.

Cheers, but I have discussed the problem in an open forum which is against the rules. The casino was registered at the AskGamblers website, but they have ignored the complaint I registered there. I would have done a PAB if it was an accredited casino here. IBAS can't help due to it being a regulatory issue. They have also failed to answer basic questions and have opted to hide behind inappropriate rules which aren't applicable, so it seems they are not open to mediation - they have had the option on this.

Alas, I fear the next stage is to get the results from the UKGC investigation and if they don't accept they are wrong to confiscate money, then it will be a legal matter. I am just getting everything ready for this!
 

ed skull murphy

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What are Small Claims? When to apply?

Maltese Law classifies as small claims money claims of an amount not exceeding five thousand euros (€5,000). Any such claims are heard and determined by the Small Claims Tribunal. Causes involving questions of ownership of immovable property or rights annexed thereto, even if the claim does not exceed €5,000, as well as causes of ejectment and eviction from immovable property are not considered as small claims.


Legislations, Your Rights and Regulations

The Small Claims Tribunal is presided by an adjudicator who decides cases on principles of equity according to law. Adjudicators are appointed from amongst advocates for a term of five years. The Small Claims Tribunal is regulated by the
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.


How to start a small claims procedure

Procedures before the Small Claims Tribunal are initiated by the filing of a Notice of Claim in the Registry of the Tribunal. The filing of the Notice of Claim may be made either physically at the Registry or else by electronic means i.e. online.

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ed skull murphy

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Karl Lentz is the guy that I have learned the most from, on the subject of common law, and he recommends that you make your claim short and simple. The details and documentation can be added as exhibits, and referred to in the claim, eg [see exhibit A], but keep the claim itself down to one or two sentences, using basic and simple language (trying to avoid using fancy legal terminology). The more complicated you try to make the claim, the easier it will be for the other side to trip you up.

Karl Lentz's stuff can be found on Youtube.
 
Last edited:

Tirilej

Still a Lady
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Sweden
Cheers, but I have discussed the problem in an open forum which is against the rules. The casino was registered at the AskGamblers website, but they have ignored the complaint I registered there. I would have done a PAB if it was an accredited casino here. IBAS can't help due to it being a regulatory issue. They have also failed to answer basic questions and have opted to hide behind inappropriate rules which aren't applicable, so it seems they are not open to mediation - they have had the option on this.

Alas, I fear the next stage is to get the results from the UKGC investigation and if they don't accept they are wrong to confiscate money, then it will be a legal matter. I am just getting everything ready for this!

Have you asked Max if he's willing to let you PAB? Otherwise I would ask him. He have made exceptions before.
 

slotter999

Dormant account
Joined
Oct 22, 2013
Location
UK
Can anyone provide any advice on this please?

I am a UK player and played at an online casino with a UKGC licence (part of a group of casinos) and also registered with the MGA. Withdrawal confiscated on incorrect grounds. Went to IBAS who say it was a regulatory issue, so went to the UKGC and provided details to them and they said the operator has confused different aspects of their licence. Casino also ignoring complaint at AskGamblers.

The casino have now blacklisted UK players and have refused to answer my questions.

As they are based in Malta, I cannot go to a small claims court in the UK. I presume I need to instruct a solicitor to take this on and get papers served locally? If so, do I use the registered address shown on the casino website, or do I use the address shown for their UKGC licence on the UKGC website as they are different, but both based in Malta? Is it the licence holder I need to sue or the named casino?

I know I am in the right and have saved screenshots and e-mails throughout, so would also seek to reclaim out of pocket costs such as the legal fees, etc.

Any recommendations?

Cheers!

I suspect it's unlikely to be a regulatory issue if it involves a casino withholding payment - at least not intially. Take a look at the thread in the industry section regarding the recent CMA update on their investigations into casinos - it's very likely your issue will fall into one of those categories and should help you get an idea on the point of law to consider in your case.
 

Casinomeister

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Location
Bierland
Cheers, but I have discussed the problem in an open forum which is against the rules. The casino was registered at the AskGamblers website, but they have ignored the complaint I registered there. I would have done a PAB if it was an accredited casino here. IBAS can't help due to it being a regulatory issue. They have also failed to answer basic questions and have opted to hide behind inappropriate rules which aren't applicable, so it seems they are not open to mediation - they have had the option on this.

Alas, I fear the next stage is to get the results from the UKGC investigation and if they don't accept they are wrong to confiscate money, then it will be a legal matter. I am just getting everything ready for this!
Seriously, you should submit a PAB. Once this is in our system, then we can resolve this one way or another. If this is a serious breach of ethics, then there is a good chance that the casino will end up in the rogue pit, and there will be warnings spewing forth from Max or perhaps even Vortran.

So yes, PAB immediately. RE: forum postings - we only care that if your PAB is in progress that you don't start pubic conversations about it and continue to bash a casino in public, etc. That can derail any arbitration discussion. And no worries about in not being an accredited casino. All members have one free shot against any casino - unless it is in our no-can-do or rogue pit. Those are just a waste of time. But we should know about these anyway so we can update our rogue listings.
 

dunover

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I suspect it's unlikely to be a regulatory issue if it involves a casino withholding payment - at least not intially. Take a look at the thread in the industry section regarding the recent CMA update on their investigations into casinos - it's very likely your issue will fall into one of those categories and should help you get an idea on the point of law to consider in your case.
You're OK as Bryan says because you've described the issue and not named the casino so you could start a PAB - Max has contacts you wouldn't be aware of so I'd go through the PAB process first, if it fails it demonstrates you've tried arbitration before any further legal action is attempted which is a feather in your cap. You can notify us to update the thread that you've started a PAB but obviously from that point you should keep the matter off the thread in accordance with the rules, other than banal statements if anybody asks, i.e. "Still in progress".
 

RichyJ75

Has been a very naughty boy ...
PABnonaccred
Joined
Apr 3, 2015
Location
Kent
What are Small Claims? When to apply?

Maltese Law classifies as small claims money claims of an amount not exceeding five thousand euros (€5,000). Any such claims are heard and determined by the Small Claims Tribunal. Causes involving questions of ownership of immovable property or rights annexed thereto, even if the claim does not exceed €5,000, as well as causes of ejectment and eviction from immovable property are not considered as small claims.


Legislations, Your Rights and Regulations

The Small Claims Tribunal is presided by an adjudicator who decides cases on principles of equity according to law. Adjudicators are appointed from amongst advocates for a term of five years. The Small Claims Tribunal is regulated by the
You do not have permission to view link Log in or register now.
.


How to start a small claims procedure

Procedures before the Small Claims Tribunal are initiated by the filing of a Notice of Claim in the Registry of the Tribunal. The filing of the Notice of Claim may be made either physically at the Registry or else by electronic means i.e. online.

You do not have permission to view link Log in or register now.


Cheers for this.

One problem though ......

Form has to be completely filled in with Maltese language. Here lies the problem, I can neither read or write in Maltese!!!

Any translators out there? I fear Google Translate may be a problem on court documents!
 

ed skull murphy

Trollish behavior - quit the forum
Joined
Nov 7, 2017
Location
Albion
Cheers for this.

One problem though ......

Form has to be completely filled in with Maltese language. Here lies the problem, I can neither read or write in Maltese!!!

Any translators out there? I fear Google Translate may be a problem on court documents!
LOL, I didn't see that!

Best try a PAB first, see how you get on with that. There are certainly Maltese members on the forum.
 

RichyJ75

Has been a very naughty boy ...
PABnonaccred
Joined
Apr 3, 2015
Location
Kent
Just making preparations re the legal route and it seems there is a much easier course to take than the Small Claims Tribunal in Malta, which has to be completed in Maltese.

I am now getting familiar with the European e-Justice Portal whereby claims can be submitted in English and is a cross-border claims service up to 5,000 Euros to make court action a lot easier within the European Union. It is also a recognizeable enforcement ruling, thus making reclamation of funds easier.

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This system looks a lot more promising and am now feeling a bit more reassured for the next step, if/when it comes to it.
 
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