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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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My grandson (10) accessed my on-line betting account with Bet

Customer Question

My grandson (10) accessed my on-line betting account with Bet 365 without my knowledge or permission resulting in a loss of £3300. Bet 365 refused to refund the money. They quoted their terms and conditions in which they say I indemnify them against any such event. I have never seen their terms or conditions. I feel that their contract terms are unfair and that they should refund my money in the circumstances. What is your legal judgement?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If he gained access using your username and password ***** they are not liable
I am very sorry but you are responsible for activity on your account unless the security measures of Bet 365 fail.
I am very sorry but these terms are unfortunately reasonable and do not offend against UCTA.
Therefore, sadly there is no claim at all for anything.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry, I do not agree. It is surely unreasonable for me to indemnify bet 365 for something that is not my fault. I wasn`t even in the house at the time the bets were placed. The terms are unbalanced and totally skewed in favour of bet 365. Surely accepting a bet from a minor is against the law anyway. I consider this to be an unfair contract. How does you opinion square with Spreadex vs Cochrane ( Sept 2012)? The court found in favour of Mr Cochrane. The 5 year old son of his girlfriend did exactly what my grandson did. Where is the difference?

Expert:  Jo C. replied 2 years ago.

Sorry but I cannot agree with that. I think I have really explained above. These accounts are password ***** It is for the user to ensure his account is not left insecure. In fairness, it is not really the responsibility of Bet 365 to do any more than password ***** an account.

I will have a look at the case law if you can give me a citation?

Expert:  Jo C. replied 2 years ago.
Dont worry, I found it here
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2012/1290.html&query=title+%28+Spreadex+%29+and+title+%28+Ltd+%29+and+title+%28+v+%29+and+title+%28+Cochrane+%29&method=boolean
and all it does is refuse to strike out summary judgment.
If you look at point 25 it just says that it cannot recover anything that cannot be shown to have the ostensible authority of the defendant. Since this is password ***** Bet 365 can.
Further, this is a spreadex trade and so regulated by the FSA whereas Bet 365 is a gambling site and the rules are different.
Customer: replied 2 years ago.

Sorry, don`t agree with you again.

However, I have never actually seen the terms and conditions since they never sent me anything on paper. I found out much later (too late) that the info was actually on the internet for me to read. My only info came in a letter form from Bet 365 after raising the complaint. I don`t suppose anybody ever reads the terms anyway.

I still feel that the terms are unfair. How can a customer have control of his computer when he is not actually there at the time? I complied with their security requirements by not writing down the password ***** by not telling anyone the details. Bet 365 actually told me to change my password ***** a few days before this event since I had extreme difficulty getting through to their website to place bets.

I have done absolutely nothing wrong here yet you say that the law is on the side of the massive bookies! This surely cannot be right. The wording of their terms is massively favourable to themselves and detrimental to the poor customer.

Expert:  Jo C. replied 2 years ago.
Ok. Best of luck with this.
I am afraid I cannot really add any more. I am very sorry and I wish I could give you the answer that you want but I am afraid I cannot agree that they are liable because somebody else was able to access your account in circumstances that do not amount to a failure of their security measures.
Customer: replied 2 years ago.

Their security measures were a spectacular failure. The bets were 5 consecutive large bets miles above my normal betting pattern. My average bet was £50 yet the bets placed by my grandson were £100, £500, £100, £600 and £2000. This must surely have rang alarm bells at bet 365 but obviously didn`t! They just sat back and allowed my account to be drained without a moments concern. I only found out the next day after I returned home late from a visit the previous night. They were obnoxious to deal with from day 1.

I have received a reply from a legal advisor who feels that the contract terms are onerous and unfair. I think that he is right and you are possibly wrong.

Expert:  Jo C. replied 2 years ago.

Since you have left a negative rating I will opt out.

Customer: replied 2 years ago.

Just received an answer from another legal expert. He says that he is right and you are wrong. Sorry, but I just do not know who to believe. No personal offense was intended.

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
The expert has opted out, what else do you want to know?