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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Madam, I need assistance to find out if I have

Resolved Question:

Dear sir/madam,
I need assistance to find out if I have justification to regain monies from both a credit card provider and an online betting site.
My husband has over a five year period gambled a vast some of money using credit cards, the payment for which came from our joint partnership business account.
I had no way of stopping this although it has had severe financial implications for me.
The least of which is the very high tax bills that I receive every January due to drawings from our joint account and for which tax is now due. Our share of profits has always been 60 - 40.
I believed that credit card providers could not constantly allow a client to make so many cash withdrawals from them and also that a responsible betting site should not allow a gambler to finance betting through a credit card.
I am now at my wits end and have dealt with my husband but am furious with those others who allowed him to do this.
I yet again am facing a terrible tax burden which leaves me I'll with worry.
I do not in any way wish to make excuses for my husband but feel that I may have a case to recover at least some of the 40% of the costs that these institutions have enabled him to incur.
Regards Lesley
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Was this gambling online please?
Alex
Customer: replied 1 year ago.
All online!
Expert:  Ash replied 1 year ago.
So how did he take cash out to bet online, or did he just use his credit card?
If he used his credit card and knew what he was doing, how is the credit card company liable?
Customer: replied 1 year ago.
I am sure there is a limit to how much cash can be drawn on credit cards. They frequently allowed him to exceed his limit and all were cash transactions to an online betting site! In fact thousands of pounds! They charged for each transaction.
Expert:  Ash replied 1 year ago.
What country terms is the online casino governed by please? How much are you seeking to claim?
Alex
Customer: replied 1 year ago.
It was paddy power and I am not so unreasonable that I think he should not accept liability for his folly but I am not responsible yet he used our money to pay credit card and no one flagged a problem. I did not know for years but now have counted +- 300,000 over 5 or 6 years between credit and debit cards. Mostly credit cards. I am deemed responsible for 40% of those drawings.
Expert:  Ash replied 1 year ago.
I am not entirely convinced you have a claim. Its up to the individual what they do and I dont think you can expect a credit card company to regulate what someone does. They should be able to take responsibility for their own actions.
What would have happened if he had brought a car or clothes? Would you expect the credit card company to be liable for that? No. Its up to the individual what they do but I will outline the process anyway for you.
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 signed delivery and keep a copy.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you! I will do as you say! Does that also apply to the betting site? As per responsible gambling laws?
Expert:  Ash replied 1 year ago.
If it's based in the uk but not all are.
Does that help?
Alex
Customer: replied 1 year ago.
I don't know! Will research. Paddy power head office in Dublin.
Expert:  Ash replied 1 year ago.
Good luck
Alex
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