The Online Casino Refunded My Money

The online casino is jackpot city casinoHi sir can u help me for my problem. Phone call session started. Customer reply replied 1 year ago. Sir i wait for your replay please. Sir, I while I appreciate your patience, you asked for a phone call, I am trying to call and nobody is answering the phone. HOW CAN I GET MY MONEY BACK? Where do i start? Yes I'm a compulsive gambler, it lets me forget my life I don't want to live anymore. I get a high when i win and don't feel nothing when i spin my £125 spins a time and lose it all then the depression and despair sets in. The ONLY thing you could do to get out of paying the bill is claim fraud on the account, as in report your card lost or stolen. The BANK will take the loss, not the casino. I just went through a fraud claim for $40 that someone else charged to my account for a cell phone payment. It was hell and I had to prove it about 3 times.

Ruling

Found for the Casino - The player's claims of diminished responsibilities would disadvantage the operator that had no reasonable way of knowing about their pharmaceutical issues. It would be entirely unfair to expect the operator to pay winners and refund losers of this particular drug.

Player's Complaint

The casino I have the dispute with is Jackpotjoy and Fabulous Bingo.

In 2015 I became unwell as psychotic symptoms increased. I suffer with a mental health condition - psychotic depression. I was prescribed medication to ease symptoms. I had a full blown psychosis in April 2016 and then my dosage of medication was increased. From that time I had a compulsion to gamble. Prior to this I had never gambled before. I was still having psychotic symptoms. In the end this lead me to believe that I had to gamble and click the button to ensure my family and I would be ok and the world would not end. Money was not real and only credits. I could not control the compulsion to gamble nor the the irrational thoughts and spent more and more money. I could think of nothing else other than to gamble to ensure our wellbeing. I took money from joint accounts that were for my husbands business in order to be able to gamble not realising at the time the significance of my actions. It got to the stage where my husband had to smash the computer in order to get me to stop clicking on the site and when this happened I was terrified that something bad would now happen. My medication was increased again. Although symptoms of the psychosis died down and I stopped believing the world would end if I didn't gamble the compulsion to gamble remained and worsened. All I could think and do was gambling and continued to do so. It was not until November 2016 that I found out the medication I was taking was actually attributing to the cause of the gambling. It states in the precautions list excessive gambling as a known side effect. I stopped the medication and changed to an alternative. After doing so the compulsion to gamble decreased only remaining when having symptoms of psychosis.

After I had gambled on the site and my husband found out he contacted the company to close the account and I believe asked for the money to be returned. I was still in psychosis at the time and on trying to access my account was unable to. I contacted the company to find out what was wrong and was asked if I was ok to continue with the account. I replied yes as I needed to be able to click the button so that the world would not end. I wagered some more . My husband found out again and asked for the account to be closed which I think was then done. I continued signing up to sites so that I could press the button. A little while after when my psychotic symptoms had reduced I contacted the company to explain what had happened and asked for a refund due to the fact that I was in the middle of a psychosis and not in control of my actions at the time. I was told this was not possible. I tried several times but unsuccessful. As I was still suffering from the compulsion to gamble until now I have not been in the able mind to carry on with the dispute.

I would only like the difference between the deposits and withdrawals to be refunded as had I not been in psychosis and receiving Ariprazole medication I would have never gambled. The combination of these have ruined my life almost resulting in me loosing my children. I do have the precautions sheet stating excessive gambling as a side effect and medical documentation to show my illness however I would not like my medical information posted to the site everything else is ok. I have an email of the conversation between myself and the site and when asked for these documents am happy to provide.

The amount disputed from Jackpotjoy is £2827 and from Fabulous £2980

3 Responses

Hi Kayli Rainbow - welcome to ThePOGG.com!

While I'm very sorry to hear about your situation and conditions, I'm not sure there's going to be anything we can do to help you.

Before the operator can be held accountable for your losses they have to be aware of your compulsive gambling behaviour. As such it would only be losses that occurred AFTER you have told them you have a gambling problem that you'd be able to claim back.

While I appreciate that you may have been in a state of diminished capacity, the operator could not have been aware of that without you telling them and had you won you would, rightly, have expected to be paid.

If you can confirm what your losses were after you made the operator aware of your gambling problems I'll contact them and see what we can find out for you.

Thanks,

ThePOGG

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Hi,

I have two issues surrounding this the first being that I was unable to notify the company of mental health issues prior to opening account with them as I lacked capacity to even realise that I was suffering with symptoms whilst in psychosis. At the time of opening the account I was unaware the implications of any terms and conditions. I certainly don't remember reading them.
Secondly when opening the account I did not understand the intent of the agreement. I signed up in order to click the button so that the world would not end. Not to gamble. Money was credits to me and not even real just numbers. A bit strange I know.

On that basis I believe that any agreement between myself and the company is voidable as I lacked the capacity to enter into such an agreement. Therefore all the deposits should be refunded.

I do not believe I have a gambling problem as while not in psychosis have no desire or compulsion to do so. The medication effects of compulsive gambling heightened my psychosis. If it was a merely a gambling problem I would completely agree with the company.

I'm not entirely sure when my husband contacted the companies. In the end my husband locked me out of email account and stopped access to the internet to try and ease the situation.
I do have a chat transcribe email that states 29th July as me contacting them to reinstate my accounts. So anything from this time from what I can see would be the full amount from Fabulous Bingo and not sure about Jackpotjoy until I know the date my husband emailed. I asked him to look for the email unfortunately he doesn't save his sent emails and deletes pretty much everything so I don't even have the response emails he received.

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I have just noticed that there were some payments to Sunbingo and some refunds and I believe this is also another sister company to Jackpotjoy after searching on the internet. By the looks of it I seem to have received more than deposited this should be returned to the company if I have done my calculations correct. Please would you see how I would do this and find out if indeed I do owe them money.

Thanks

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[EDIT]

Hi Kayli Rainbow,

How to bet at texas holdem poker. I'll again stress my sympathy for your situation, but I'm sorry to say that those sympathies do no extend as far as faulting the operator for the actions you've taken.

Gambling contracts differ to other contracts in that the outcome cannot be determined at the point of agreement. When you agree to buy a car the outcome of the contract is you pay the agreed amount and you receive a car. Undoing this returns the money and the car to the original parties. When you engage in a gambling contract you agree to bet a specific amount but the outcome of that bet cannot at that point be determined. And this would be the crux of the issue. As explained above, you are only complaining because you lost. Had the outcome been different it can logically be assumed that you would have retained the winnings. So the diminished capacity does not result in you asking for the contract to be annulled in all situations. That being the case asking for the contract to be voided is actively detrimental to the operator. Across all players that experience these issues the operator would then be expected to pay winners while returning loses resulting in a financial loss for them.

On top of this the operator had no reasonable way of knowing prior to your play that you were in a state of diminished capacity.

There's nothing about the above that could justify placing the operator at a financial detriment because of your personal predicament.

As I stated in my initial response, if the operator has allowed play after the point where you've made them aware that you were experiencing problems controlling your gambling, whether short term or not, then you may have a claim. To pursue that claim we would need to see evidence demonstrating that it has been made clear to the operator that you are not currently capable of controlling your gambling habits.

If you are looking to pursue a claim to void the contract entirely due to diminished capacity this would need to be something you do through the court system. My personal opinion is that you don't have a case against the operator but you may have a case against the prescribing doctor if they have not made clear the potentially risky side-effects of this drug. However, I have to make clear that I'm not a lawyer and cannot give you legal advise in this regard.

If your husband can locate the appropriate communications please forward them on to [email protected]

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