Bet company settlement - are they now liable?

[dido]

Re: Bet company settlement - are they now liable?

I guess what I am saying is that my telling them I did not intend to use the free bets does not give them license to allow them to expire - having not advised me of any expiry, my statement that I don't intend to use them does not allow them to let them fall from my account, where they were and for all intents and purposes I was of the mind they were there to stay, whether/and/or/whenever we sorted out my latest complaint.

[dido]

Re: Bet company settlement - are they now liable?

Finally: I think it is quite obvious what really happened here - a disorganised company/staff that had no idea the free bets would expire and further did not even know they had until I mentioned it.

[des8]

Re: Bet company settlement - are they now liable?

[QUOTE=dido;769537

I told them no, I was taking legal action, and they then closed the account.[/QUOTE]

Court is a bit of a lottery, but you are a betting man so if you are feeling lucky follow through!

[dido]

UPDATE:

I spoke to this lady a few days ago. About what they intended to do re: my £1000 of free bets, being as they have closed the account.

She said nothing, and hung up on me.

Surely there is a case to answer here? They cannot agree to a settlement then afterwards make out that part of it had an expiry that they never told me about when the settlement was reached?

[des8]

You threatened court action some weeks ago, but haven't yet initiated it.
This will give them the impression that you are not serious but just making empty threats, so they will ignore you.

Yes, IMO you have a case that could be argued, although at times you have harmed your position by saying you did not want the free bets.
As said earlier court is always a bit of a lottery.

[dido]

I told them I considered the relations irrevocably broken down and was not going to use the free bets in my account in the same email as telling them I expected them to make amends for botching the settlement and my resultant Loss of Chance.

Surely they cannot claim both that I seemingly forfeit the free bets and that they expected I would be content with that perceived forfeiter at the same time as their declaration that they had properly carried out the full terms of the settlement so no recompense was due?

[dido]

And by the way, when I spoke to this lady last about the free bets disappearing and was told that they had an expiry, I was also told that if I wanted them put back, I had to email in stating I would no longer pursue the company for my Loss of Chance.

[wales01man]

Looks like you will have to take them to court how much would you be claiming and what for may need getting advice on

[dido]

Looks like you will have to take them to court how much would you be claiming and what for may need getting advice on

I am thinking that there are potentially two - possibly three claims - the initial winnings I would have made of £4,500, and the subsequent winnings from the second set of bets of £4,500 after the free bets were allowed to expire. And then finally, I am about to shoot an email to the CEO of their company, detailing that my life would be significantly better were I to have this money NOW instead of having to take them to Court to get it. Hence, Loss of Chance for further time without the funds they are refusing, unlawfully, to pay out. I am warning them to avoid the "consequential loss" argument.

[des8]

If you take it to court, it is for you to prove your claim.

I'm guessing they would argue that having once accepted their offer to settle your complaint you then renounced it.

Whether or not you could argue successfully against them in court I don't know.
I think there is an argument to be had, but how it will turn out is uncertain.

Of course if you issue a claim they may not wish to defend it and so come to a settlement at mediation stage.

[dido]

UPDATE

Okay. I am now taking them on and that is currently going through the MCOL system.

The claim is for the £1000 of free bets to be sent as cash, as they closed my account and therefore my ability to use them. Having obtained a Subject Access Report, I see that they have written they closed the account because I called someone there a "bitch" which is nonsense.

I asked for this call and they stated it was not recorded. Hmmh, no shit?

My aim initially is to win this case and get the 1K paid out, and then start another case for the Loss of Chance on the bets I could have won with this free bet credit (subtracting the money I would have staked, obvs.)

I did it this way because of lack of initial funds to pay for a 6K claim.

So baby steps first, plus I think it makes my case stronger if I get an initial ruling in my favour.

Their Defence states that the free bet credit was worthless anyway, as in their terms and conditions it states that free bets have no equivalent monetary value.

Which I think is stupid, because A) these terms were not referenced in the settlement agreement, and B) they can hardly state that they are okay to close my account and I subsequently lose the free bet credit as a result and that is okay. That invalidates the settlement agreed, imo.

They end their Defence by stating that my account was closed according to their terms and conditions, which means the bet credit was cancelled as a result, which is "the way free bets work."

Any opinions on moving forward? Am I okay with pursuing the Loss of Chance separately? Or should I make an application to increase the original claim and change my Particulars of Claim? in your opinion?

If I did increase the claim to 6K, would I be asked to pay the difference in filing fee?

Maybe I should just withdraw the claim and start a new claim then?

[des8]

I (if I had been minded to make a claim) would have included damages in the initial claim for loss of chance.

You could apply to amend your statement of case (https://www.justice.gov.uk/courts/pr...rt17/pd_part17) but there are cost implications
You will be required to make an application to a District Judge and pay a fee to amend and re-issue the claim

If you do amend the claim, although below the £10000 level it could still be put into fast track, which again has cost implications if you lose.

Only you can make that decision.

[dido]

Okay. Can I just withdraw this claim and start a new one for Loss of Chance. On the basis at the very least that they are not willing to pay out the free bets as cash - in a funny way, they could be said to have provoked the new larger claim now.

[des8]

I do wonder if your claim for loss of chance actually has much chance of success.

You are arguing that their breach lost you the opportunity to place bets which would have won you money.
You are looking for damages to compensate for the loss of your possible winnings
However it is very hypothetical that you would win, and the remoteness would possibly defeat your claim.
You are more likely if you win to be awarded damages for disappointment of being able to place those bets.

I think you might as well continue with your claim, either as it stands or apply to amend

[dido]

Could you just give me your opinion on one more thing - the 1k of free bets, and the loss of chance - I see these as two separate causes of action/cases/claims. Yes they might have been tackled together, but losing the one claim does not rule out my starting the other? I don't think it's second bite of the cherry?