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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had issues with gambling and had asked a company to

Customer Question

I have had issues with gambling and had asked a company to 'permanently delete my account'
However, a few months later they let me open it again and I have subsequently lost a large sum of money through the account.
Do I have any case to claim my money back?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Which country is their gaming licence in please?

Alex Watts :

How did they let you open another account?

Customer:

Hi - thanks

Customer:

They are a financial spreadbetting company based in London (registered office) - all my communication with them is via email - i closed the account asking for it to be permenantly deleted (to protect myself really) but when i emailed a few months later saying i'd like to start using it again they opened it for me.

Customer:

Ive subsequently lost a lot of money through this account

Customer:

I never told them I had gambling issues

Alex Watts :

How much have you lost?

Customer:

over £50k - not sure exact amount - would need to check account

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982

Alex Watts :

By failing to act with all reasonable skill and care.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. As the matter is over £10,000 you will need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Am I likely to win the case? I never mentioned to them I had gambling issues - it was only the sentence 'permanently delete account' that his would be based on?

Customer:

this

Customer:

is there any precedent to indicate likelihood of success

Alex Watts :

If you asked them to delete the account or be excluded then you may have a case

Customer:

Have people claimed successfully in similar cases?

Alex Watts :

I dont know - 99% of cases are not reported.

Alex Watts :

And it also depends on the Judge you get on the day.

Alex Watts :

One may find for you, another not - this is why litigation is not certain

Customer:

ok - thanks - if Im looking for a lawyer - what specialism would this come under?

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

This is civil litigation

Customer:

ok thanks

Alex Watts :

Can I clarify anything else?

Customer:

no - thats fine - thanks

Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Happy to help.