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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10913
Experience:  30 years as a practising solicitor.
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I owe £2000 to an online national bookmaker and have offered

Resolved Question:

I owe £2000 to an online national bookmaker and have offered to pay in installments but they are not accepting this and are now threatening to take me to court .
Please advise on what I should do.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

How has the debt accrued? Is the online system not designed so that you can't bet without having the money in your account?
Customer: replied 3 years ago.
It is spread betting . They shouldn't have accepted my bets because if they did lose then I didn't have enough to cover in my bet account. They should in my opinion rejected them and I have told them this and that they were irresponsible . They haven't replied to this apart from asking in an email tonight for me to pay all £2000 in 14 days .
Expert:  JGM replied 3 years ago.
The debt is enforceable unless you can establish a case under s336 of the Gambling Act 2005 which says:

"336 Power of Gambling Commission to void bet

(1)The Commission may make an order under this subsection in relation to a bet accepted by or through the holder of—
(a)a general betting operating licence,
(b)a pool betting operating licence, or
(c)a betting intermediary operating licence.

(2)Where the Commission makes an order under subsection (1) in relation to a bet—

(a)any contract or other arrangement in relation to the bet is void, and
(b)any money paid in relation to the bet (whether by way of stake, winnings, commission or otherwise) shall be repaid to the person who paid it, and repayment may be enforced as a debt due to that person.

(3)The Commission may make an order under subsection (1) in relation to a bet only if satisfied that the bet was substantially unfair.

(4)In considering whether a bet was unfair the Commission shall, in particular, take account of any of the following that applies—

(a)the fact that either party to the bet supplied insufficient, false or misleading information in connection with it,
(b)the fact that either party to the bet believed or ought to have believed that a race, competition or other event or process to which the bet related was or would be conducted in contravention of industry rules,
(c)the fact that either party to the bet believed or ought to have believed that an offence under section 42 had been or was likely to be committed in respect of anything to which the bet related, and
(d)the fact that either party to the bet was convicted of an offence under section 42 in relation to the bet.

(5)An order under subsection (1) may be made in relation to a bet only during the period of six months beginning with the day on which the result of the bet is determined.

(6)But subsection (5) shall not apply to an order made taking account of the fact that a party to the bet was convicted of an offence under section 42 in relation to it."

However if this isn't possible and they take you to court you can simply ask the court to allow you to pay by instalments and normally, if the offer of instalments is such that the debt can be paid off in a year or less, the court will accept such an offer.

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10913
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Do I have any defence in relation to them being irresponsible as a company in accepting bets I didn't have funds in my account to cover given the strict gambling laws .
Expert:  JGM replied 3 years ago.
No you don't. Prior to the 2005 Act you would have been able to argue that the debt wasn't enforceable but not now.
Customer: replied 3 years ago.
I have offered to pay installments and have the debt paid back in 6 months but it would have to start in June. Do you think that this is reasonable and fair .
Expert:  JGM replied 3 years ago.
If you were the creditor and someone owed you £2000 and offered to pay back in instalments starting in June would you accept that? That is generally the test of what is fair and reasonable.
Customer: replied 3 years ago.
Yes I would accept , then at least I am getting my money back . What is my choices as I cannot pay £2000 at this moment in one go .

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