Started Court Proceedings

worldlad

Crybaby McCryface
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Who gives a shit
Started a complaint with a large well known leading UK based gambling operator, due to a lack of safe guarding from there end. Raised a complaint and got fobbed off, so emailed the CEO by Googling CEO email addresses, within an hour or so received an email from a jobs worth sprouting the usual corporate nonsense but still wouldn't back down, then went via the Gambling Commission who are utterly weak and don't take on individual cases (they should be closed down), went to IBAS who refused to take on my complaint stating it's not in their remit....So I had a good win recently on another site so thought screw it I'm taking them to court, so they have the option of paying me what I believe I'm owed and deserved plus court charges or I'll end up in court with them.

Has anyone else done anything similar?
 
Thankfully a complaint I had with a well-known operator was dealt with after I called the CEO directly. As you say, the UKGC are worthless for the player and appear more supportive of the operators.

Will be interested to see how your legal proceedings turn out as I'm sure it will give confidence to others in similar circumstances :thumbsup:
 
I think people can't comment much, since we don't have much information about the case.

But it is not wise to talk about the detail if you started the court proceedings.

Hope you will get the result you want, and after all things settled hope you can tell us more about the case.

Good luck!
 
The money owed isn't huge, took me around 20 minutes to put the claim through and cost £60.00, if they don't pay up then we'll have to attend court and it'll will cost them many many thousands so they might as well payout at the beginning.

If you are in the UK and have reached a point where you can't go any further with the casino, or governing body you can take them to court easily here:


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98% of them back down quickly and pay up, as the media always take an interest in the cases, oh and the extra costs incurred during proceedings.
 
Can you give some more detail on your claim? I hope you have some legal training/knowledge or took some legal advice as if the POC isn't right then it will fail at the first hurdle, unfortunately there isn't much wriggle room in law if the claim isn't presented properly, something I completely disagree with as time and time again I've seen perfectly good claims get struck out because they were worded incorrectly or some stupid reason like that.

What I will say is, from your post it sounds as if you are expecting them to back down as soon as they get the claim, please don't think like that. Have all your shit together as theres a good chance you will have to provide it.

I also presume you sent a letter before action? The pre action protocols must be followed properly or you have lost before you start.
 
Our last email indicated a deadlock situation.

If I do not hear from you by ****, I will assume you are in agreement with this and will proceed with my intent action which will result in court proceedings.

I'm afraid I can't go into this complaint any further as it's a live case and would break relevant laws in the UK which could result in contempt.
 
Thankfully a complaint I had with a well-known operator was dealt with after I called the CEO directly. As you say, the UKGC are worthless for the player and appear more supportive of the operators.

Will be interested to see how your legal proceedings turn out as I'm sure it will give confidence to others in similar circumstances :thumbsup:

They would be as their remit does not include player disputes, that's what ADRs are for and IBAS etc. and then ultimately the court system. You can report an operator but in a general sense as opposed to individual dispute.

They are a bunch of useless c****. I have official complaints in there, elevated to stage 2 regarding 2 operators and their behaviour, both with accredited casinos on here. I submitted evidence as required and now haven't heard back in 6 months. I have exposed, beyond doubt unethical practices in my evidence and this 'inconvenient truth' will make them and the UKGC look like the shysters they are. Hence them hoping it will go away, and ignoring it.

So I agree they seem beholden to the operators. That's why people have to take operators to court increasingly, due to the UKGC's failings. I will go to their stand at ICE and give them my middle finger, the complacent and inept morons..
 
Our last email indicated a deadlock situation.

If I do not hear from you by ****, I will assume you are in agreement with this and will proceed with my intent action which will result in court proceedings.

I'm afraid I can't go into this complaint any further as it's a live case and would break relevant laws in the UK which could result in contempt.

Thats not a letter before action, I would withdraw the case, send the LBA and refile the case if need be, otherwise it will get kicked out of court.

Which laws exactly do you think you would break by giving rough details? In fact specific details even? I can assure you 100% it certainly wouldn't be contempt unless a court has ordered you not to publish details of the case already.

Seriously, before you waste any more money I would strongly advise reading up on civil procedure rules before you do anything else. I would also strongly advise you to send the LBA by post, recorded, and not send it via email. The reason for that should be obvious.
 
Seems to me from reading the amount of disputes going on and those customers getting utterly scammed and ripped off then the Court system is the only way to go.

Once they start receiving court proceedings to stand in front of the judge or just pay up, they might start improving things for everyone. Also the more court proceedings that happen the relevant governments will start to take further action against these sites and hopefully get rid of these useless gambling commissions which are utterly powerless for the normal average losing folk.
 
Thats not a letter before action, I would withdraw the case, send the LBA and refile the case if need be, otherwise it will get kicked out of court.

Which laws exactly do you think you would break by giving rough details? In fact specific details even? I can assure you 100% it certainly wouldn't be contempt unless a court has ordered you not to publish details of the case already.

Seriously, before you waste any more money I would strongly advise reading up on civil procedure rules before you do anything else. I would also strongly advise you to send the LBA by post, recorded, and not send it via email. The reason for that should be obvious.

I hear you.

It's now in the court hands that will be sending my file and relevant prosecution papers to the company. If the judge requires further information then they have advised they will request this. Small claims proceedings are much more less informal before the action goes to the next stage.
 
Oh man it sounds like here in Canada where no one gives a shit and just gives you the run around.:( I thought over there would have been much better in these type of things.

Also Colin is 100% bang on, You need to have everything and be able to show everything and don't be surprised if that is even not enough. If you can show that you really tried to work it out that is good for you, If you just sent 1 email or communication and just decide to take them to court that is not good for you.

I highly advise anyone even if it's not a court matter but anything like buying a car or even simple complaints about something is to have it in writing and KEEP it for many years. I still have emails and such from way back in 2006 even though I know I don't need them anymore I still have them and wary of getting rid of them.

Besides slots let's just say I have quite a bit of experience with stuff like this. :)
 
I hear you.

It's now in the court hands that will be sending my file and relevant prosecution papers to the company. If the judge requires further information then they have advised they will request this. Small claims proceedings are much more less informal before the action goes to the next stage.

I don't think you do, your claim will fail if you haven't sent a LBA. If I was the casino I would ask for the claim to be struck off as no LBA was sent, and I very much doubt a court would disagree. Practice directions state

Steps before issuing a claim at court
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and
(c) the parties disclosing key documents relevant to the issues in dispute.

Also its likely to be allocated to fast track if its a small amount as you suggest, not small claims.

Seriously mate, I'm not saying it to be argumentative, if a casino has cheated you then good on you for having the balls to take it further, but you are going to lose your fee and possibly be liable for their costs if you don't follow pre-action protocols. A letter before action is essential to the claim moving forward and a first week law student could get it kicked out if it wasn't done :(
 
Oh man it sounds like here in Canada where no one gives a shit and just gives you the run around.:( I thought over there would have been much better in these type of things.

They are getting away with murder the lot of them, too many gambling commissions, 3rd party resolution organisations etc.
 
They are getting away with murder the lot of them, too many gambling commissions, 3rd party resolution organisations etc.

Just to chime in here real quick. Each casino licensed by the UKGC is required to list an ADR which they have agreed to accept complaints from. But players have the right to choose any third party they wish to use whether it's another ADR, a solicitor, or the milk man. There is more information about that here: UKGC and ADRs. ADRs are free by the way.

I know IBAS is slow - but it could be overwhelmed with hundreds of submissions. They have not been too effective in the past - and I'm hoping to run into them at the ICE to find out why - what their work load is.

The UKGC is not set up for complaints; they are strictly a regulator and refer all complaints to ADRs. If the issue concerns self-exclusion, then they will handle that.

Just an FYI.
 
I don't think you do, your claim will fail if you haven't sent a LBA. If I was the casino I would ask for the claim to be struck off as no LBA was sent, and I very much doubt a court would disagree. Practice directions state



Also its likely to be allocated to fast track if its a small amount as you suggest, not small claims.

Seriously mate, I'm not saying it to be argumentative, if a casino has cheated you then good on you for having the balls to take it further, but you are going to lose your fee and possibly be liable for their costs if you don't follow pre-action protocols. A letter before action is essential to the claim moving forward and a first week law student could get it kicked out if it wasn't done :(

Pretty much of all that.

Plus you must have exhausted all other means to resolve the issue. Court action is the very last resort.

As for the comment made (not from you Colin, but the OP) that it is very much informal - it isn't! I have taken legal action a number of times before (with holiday Companies, not Casinos) so I am talking about experience here.

Your letter before action must be very specific. You must clearly set out what they have done wrong, what you want in terms of redress and when by.

Some more details in terms of what they have done wrong would be appreciated to make a better judgement as to whether you have a strong case.
 
Just to chime in here real quick. Each casino licensed by the UKGC is required to list an ADR which they have agreed to accept complaints from. But players have the right to choose any third party they wish to use whether it's another ADR, a solicitor, or the milk man. There is more information about that here: UKGC and ADRs. ADRs are free by the way.

I know IBAS is slow - but it could be overwhelmed with hundreds of submissions. They have not been too effective in the past - and I'm hoping to run into them at the ICE to find out why - what their work load is.

The UKGC is not set up for complaints; they are strictly a regulator and refer all complaints to ADRs. If the issue concerns self-exclusion, then they will handle that.

Just an FYI.

Hey Mate, thanks for your response. Here's a bit more information on my experience with IBAS which you could bring up with them, over 350 phone calls made within a 5 week period on average 2-15 calls made to them each day, not once did anyone pick up the phone it's just an answer machine all day everyday. In regards to submitting information to them via email, they give no confirmation of the new case submitted to them, they ignore emails and I've been informed the current wait time for cases to be even looked at is 3-7 months. So just like the UK Gambling Commission both are pretty useless and powerless for individual players.

This was my response from IBAS:


I acknowledge receipt of your submission which outlined your complaint against ***.

However as previously advised we were willing to view such complaints but after discussion and meetings with the Gambling Commission they said that it was not something we could pursue as self exclusion was a social responsibility issue and something the regulators should deal with.

However I would have to advise you that this Service is not a regulator of the industry and have no powers as to how casinos are operating. We only offer in the main third party adjudication in pricing and settlement complaints.

You would have to communicate your complaint to * at the Gambling Commission - info@gamblingcommission.gov.uk or by telephone 0121 230 6666. (Not sure why they gave me this advice as the Gambling Commission does not take individual complaints and although they do believe a breach has taken place, they said if they take them on and they get fined the money goes to the UK treasurer - So told them to stick it!!!

Further to correspondence between IBAS and the Gambling Commission they have advised that they will only consider whether an operator has followed the LCCP codes regarding ******. It looks like you would not receive back the funds you are after. Your only recourse would be the legal channels now available to you.

I am genuinely sorry we can be of no assistance in your complaint but trust the above will help in some way.


When I called HM Court Services the woman on the phone said that UK Courts have seen a rapid increase in prosecution cases against Bookmakers, Casinos and Online Casino Websites. This shows that the current complicated ways to take action against Casinos is simply not working and a simple check on Google shows the extent of the problem and it's been going on for years.
 
Taking companies/people to court seems to be the only way to handle issues nowadays.
People just can't be reasonable and resolve the issue by peaceful means; they must be forced.
 
Our last email indicated a deadlock situation.

If I do not hear from you by ****, I will assume you are in agreement with this and will proceed with my intent action which will result in court proceedings.

I'm afraid I can't go into this complaint any further as it's a live case and would break relevant laws in the UK which could result in contempt.

What an utter load of rubbish. You can go into as much detail as you want. This is not a criminal case that is going to be decided in front of a Jury, when that law indeed applies.
 
They are getting away with murder the lot of them, too many gambling commissions, 3rd party resolution organisations etc.
Posting an affiliate link in your signature is not only VERY uncool - it is also strictly against forum rules. :(

I suggest you remove it pronto!
 

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What an utter load of rubbish. You can go into as much detail as you want. This is not a criminal case that is going to be decided in front of a Jury, when that law indeed applies.

I think you misunderstand what a Small Claims Court is:

It can be either civil or criminal, in most cases small claims deal with civil issues as per below.



The most common types of claim in the small claims track are:

compensation for faulty services provided, for example, by builders, dry cleaners or garages
compensation for faulty goods, for example, televisions or washing machines which go wrong
disputes between landlords and tenants, for example, rent arrears or compensation for not doing repairs
wages owed or money in lieu of notice.
If a case is complex, the judge may refer it to another track for a full hearing, even if it is below the financial limit of that track.
 
I think you misunderstand what a Small Claims Court is:

It can be either civil or criminal, in most cases small claims deal with civil issues as per below.



The most common types of claim in the small claims track are:

compensation for faulty services provided, for example, by builders, dry cleaners or garages
compensation for faulty goods, for example, televisions or washing machines which go wrong
disputes between landlords and tenants, for example, rent arrears or compensation for not doing repairs
wages owed or money in lieu of notice.
If a case is complex, the judge may refer it to another track for a full hearing, even if it is below the financial limit of that track.

A criminal case won't be heard in a count court, and especially not in small claims. Regardless of that, your case isn't a criminal complaint, its a money claim, therefore what interlog says is 100% correct.

As I said earlier, and you seemed to ignore, this will be allocated to fast track unless there is some complex area of law that needs addressing, as it is under £10000 (I presume from your comments about it only being a small amount of money).

Just because you don't like an answer it doesn't mean its not right.
 
A criminal case won't be heard in a count court, and especially not in small claims. Regardless of that, your case isn't a criminal complaint, its a money claim, therefore what interlog says is 100% correct.

As I said earlier, and you seemed to ignore, this will be allocated to fast track unless there is some complex area of law that needs addressing, as it is under £10000 (I presume from your comments about it only being a small amount of money).

Just because you don't like an answer it doesn't mean its not right.

My case isn't criminal it's civil I just pointing out a comment from another user stating small claims courts are for criminal cases and as above they deal with both. Thanks.
 
My case isn't criminal it's civil I just pointing out a comment from another user stating small claims courts are for criminal cases and as above they deal with both. Thanks.

He was replying to your comment stating you can't go into any detail as it would be contempt of court, and pointed out you were wrong, you replied talking about how criminal cases heard in small claims (they aren't), and it wouldn't mean you were in contempt anyway as your's isn't a criminal matter.

If you don't want to go into detail or name the casino thats fine, but don't say its for xx reason when it isn't.
 
Started a complaint with a large well known leading UK based gambling operator, due to a lack of safe guarding from there end. Raised a complaint and got fobbed off, so emailed the CEO by Googling CEO email addresses, within an hour or so received an email from a jobs worth sprouting the usual corporate nonsense but still wouldn't back down, then went via the Gambling Commission who are utterly weak and don't take on individual cases (they should be closed down), went to IBAS who refused to take on my complaint stating it's not in their remit....So I had a good win recently on another site so thought screw it I'm taking them to court, so they have the option of paying me what I believe I'm owed and deserved plus court charges or I'll end up in court with them.

Has anyone else done anything similar?
i wouldnt be surprised if it was william hill.. there casino and bonuses are plain sh ite
 

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