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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sirs I self excluded from an online casino months ago

Resolved Question:

Dear Sirs
I self excluded from an online casino months ago due to the fact that i have a gambling addiction. I was however allowed to open an account with a sister site and played for 12 hours and deposited over £7,000 before their system realised i should never have been able to open an account. they have returned the balance in my account at the time they realised £3200 but are refusing to refund my deposits in full, even though they admitted that no winnings would ever have been paid. I have all correspondence with them ready for someone to review and hopefully help me.
Kind regards
Jennifer Pearce
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Jennifer my name is ***** ***** I will help you.Where is the casino based please?Alex
Customer: replied 1 year ago.
The company is Bear Group Limited located in Alderney. I changed postal address (which i can prove because it was changed on the electoral roll) which is why they are refusing to accept responsibility saying that i "bypassed" their system. Even though i used the same name, DOB, phone number, card details etc., to register. Their T&C's state: "In the event that you request a self-exclusion we will use our best endeavours to identify any accounts operated by you on other gambling services operated by Bear Group and apply the same exclusion contemporaneously. We accept no responsibility or liability whatsoever, where you open or have opened account by changing any of your registration details (which would also include if you open or have opened an account with substantially similar information, albeit inputted into the registration form in a different way)."I have a gambling addiction and they knew this which is why I am so annoyed. I have looked at similar situations online and other companies notice within an hour or two if a self excluded person has re-registered and they also return deposits in full. whereas in my case it took 13 hours, 14 deposits and over £7200 later! I have a tiny bit of legal education and have informed them that a) their terms should be considered unfair and that b) i shouldnt have been able to enter into a contract to deposit as i was clearly not of sound mind. they still refuse.
Expert:  Ash replied 1 year ago.
What is the jurisdiction of their terms?
Customer: replied 1 year ago.
It says on their website: Licensed and regulated by the Alderney Gambling Control Commission; Our UK based gambling services are licensed by the UK Gambling Commission. Bear Group UK Ltd in a wholly owned subsidiary of Gaming Realms PLC, a company listed on the London Stock Exchange.Hope that helps.
Expert:  Ash replied 1 year ago.
Thanks. I think this is a hard one. Its not as if the details are the same as you moved address. As such their system may not and it appears did not pick it up straight away. I dont think it would be reasonable of you to argue that having changed details their system should have picked up the linked account.It was a different site and you changed address so I think you would struggle to argue they were negligent. But I am happy to outline the process to seek a refund 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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.
Ok i think i will proceed using the online moneyclaim tool - thank you for this.Can you just clarify if there are costs involved that i will need to pay or is this a free service?
Expert:  Ash replied 1 year ago.
Moneyclaim is a chargeble service, its around 10% of the value of the claim.If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
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