I notice people are referring to the LGA here which by popular consensus where mentioned elsewhere on here seems inept and a mere rubber-stamping outfit. This is why I started the 'credit card protection for chip buyers' thread because it seems (to me) the logical course of action would be consumer protection as this, leastways in the UK, carries far more clout than gaming commission or eCogra or whatever. I can't see anyone getting any joy from Malta or Ecogra/GC, which is why I wanted to clarify via other posters' knowledge if thye knew of any cases-in-law or experiences of going down the consumer protection route? I at least expected a lenghty reply from the Vinyl bloke who seems to know a lot
The consumer protection legislation for card purchases will be of use, but firstly the company would have to be formally liquidated, making the card issuer solely liable for the lost money. It could end up being liable for all of it, since under this proetection, even if only a deposit of £100 or more is paid on the card, the bank is liable for the whole lot!
If the company is still trading, it is a matter of the card issuer being jointly liable, but only for the amounts actually paid from the card. This is the usual "chargeback" procedure, where the card issuer contacts the merchant to allow them to make a representation and pay the amount back voluntarily. As this is a UK based company, listed on AIM, this could be a powerful weapon for UK players in the longer term if PL continues to lie and stall over multiple periods of 7 days, and could well force the parent company to pay up voluntarily rather than risk players proceeding to make formal claims from the card issuers.
Remember also that the casino industry hates chargebacks, because in most cases the business is "under the radar" because of the regulatory regime in many countries, so is not in a position to give it's own side in a cardholder dispute, a weakness widely abused by fraudulent players who routinely charge back their deposits, and would keep doing so if they could get away with it. This is fought by having central lists of players who have charged back deposits, which can result in the player not being able to play again at ANY online casino.
The FIRST option therefore should be to "make waves" with Trading Standards, and try to get the media involved. Hopefully, this will cause one of the "agony aunt" columnists to cover the story, and advise players to contact their card companies to recover the money (I see this advice appear frequently when readers have written in about a cowboy company that took their money and ran, but the payment was by card). If this happens, such an article should be brought to the attention of Media Corp, who upon seeing it will be $h1tting themselves that within days they are going to get hit with a tsunami of "chargebacks" from UK players who still read the "tabloid" newspapers. They may decide to stem this by KEEPING their promises to pay players their outstanding balances, and not a single "chargeback" would be needed.
On the 23rd of April I had 2 pending withdrawals from Purple Lounge totaling a little over 12k pounds. The first one was at that time exactly 2 months old (has been requested on Feb. 23rd), the other has been requested Mar. 14th. Dates and amounts owed to me have been acknowledged in an e-mail from the casino 'vip manager'.
I didn't contact LGA because I knew they were oblivious to these issues and I didn't think this would get this far.
I know of other players in my situation, having withdrawals which had been pending for weeks before they went down.
What are the rules for submitting a complaint to the LGA, in particular a time limit after you knew of a problem in which you have to make a formal complaint.
If such a time limit is long enough to stretch back before 23rd April, it may be worth a shot, even if it proves that when the LGA terminate a license, it is applied retrospectively to complaints that stem from before the termination.
PL also repeated the lies to players that the problems were actively being pursued that was holding up their withdrawal, thus surely players were STILL receiving positive responces via the internal complaints procedures at PL, so were not required to submit a complaint to the LGA until they reached "deadlock" with PL. For many, this state of deadlock only took place when PL stopped responding at the end of April.
PL then lied to players that this lack of access to the site, and lack of responses, was nothing more than a "technical issue" that was being dealt with, a lie that allowed them to hold off a tide of complaints to the LGA until they had secretly bailed from their license. This is nothing less than a fraud by deception, as it denied players legitimate access to the regulatory complaints system, crap though it is.
Unfortunately for PL, this has created a massive "stink" in public, and has damaged the brand and holding company such that it lost some deals that were under discussion.
If there has been fraud, and it can be proven, the directors can then be sued personally, thus losing the protection of limited liabilty status granted to companies. It does not really matter that they bailed from the company shortly after, as it would be a personal liabilty, not a company one.
Remember, the US successfully prosecuted the FORMER directors of Neteller for activities that took place BEFORE UIGEA, and at a time when they were in charge. Similarly, PL directors could be sued for what they did before April 23rd, even though they have now left the company.
The company itself can also be sued, as they are still trading, and more damagingly for their reputation, are making deals with liquid cash whilst at the same time claiming they are currently unable to settle debts to consumers, something that can get a UK based company into serious trouble if the authorities decide to investigate.
UK players could try complaining to Trading Standards, and stating that a company owes them money that is supposedly in a trust account, and segregated from operating funds (as stated in the LGA standards for operators), is refusing to pay even though they have permanently closed the service and surrendered their license, and are clearly not "bust" as they are still trading and making acquisitions of other businesses.