Case 2 shows the use of an email/letter template that J4P recommends. It is nothing like a letter before action that must used as part of a legal claim. There is a reason for this, e.g. J4P has found that gambling companies respond more constructively to private, informal correspondence than they do to legal threats in the case of gambling disorder disputes. J4P has also found that it is best for the person themselves to complete the correspondence or even better a partner or a parent/guardian where relevant.
J4P stopped quoting Gambling Commission (GC) codes and conditions awhile ago, because we felt that companies have no fear of them. The GC only takes action against licensees if they have displayed systematic failings, i.e. not for individual case failings, so it is best to simply focus on what actually happened. Nevertheless, if you are interested in the GC’s licensing codes and conditions they can be found here: https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/print and the specific section on the protection of children and other vulnerable persons here: https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/2/3
J4P also finds it is useful to attach a timeline to the email or to include the same printed within in a letter (see Case 1: https://justiceforpunters.org/case-1/).
The template
Remember you can obtain CEO details and postal address from Google and many email addresses from ceoemail.com.
PRIVATE AND CONFIDENTIAL
Your contact details
Company contact details
**********
**********
**********
Date
– FORMAL COMPLAINT-
Dear **,
FAILURE TO PROTECT A VULNERABLE PERSON
I was a customer of your company from October 20** to December 20**. After collecting evidence and taking advice I’m now writing to make a formal complaint against ***** ************* *** (formerly ***** ***** ******* ***) for a failure to protect me as a vulnerable adult.
Please treat this letter as a formal complaint under your complaints procedures.
As CEO of ***** ************* *** you will be aware that many gambling companies have been fined recently for breaching licensing conditions and codes of practice. There is also a chance I might have a claim in law, e.g. if the defendant’s conduct falls short of the standard expected based on the resources available to them. As you will read later it is clear both ***** ***** and ******* individually failed to achieve the standard expected under the circumstances and failed to meet their licensing conditions and codes of practice.
Reasons for Complaint (not exhaustive):
- I was allowed to lose approximately £90,000 with ***** ***** and £50,000 with *******. Some of the latter losses occurred after my ***** ***** account was closed for social responsibility reasons. There were no relevant interventions by either company, including enquiries into where the money I used for gambling was coming from.
- Following a subject access request to ***** ***** the following has become clear:
- Despite being declared bankrupt in 201* ***** ***** appeared not to pick this fact up, which can be gleaned from even the most basic credit checks. If the company did pick this up it would have been clear why I was using credit cards to gamble, so why was I not stopped? I was also using pay day loans to gamble, which ***** ***** did not know as they never enquired into my source of wealth.
- Instead of relevant investigations being made into my source of wealth to gamble I was made a VIP. I was in regular contact with my account manager on Whatsapp. He gave me many free bets of £250 to £500. He also offered many free sporting events and sent me free tickets to ******* races.
- I was made a VIP on 12/02/201* and in the first week was given £400 in FREE bets.
- My account was not correctly verified.
- I was spending all my free time, including at work and at night gambling on horse racing and other sports.
- I had 17 bank cards on my account including credit cards (4), plus Paypal.
- I had many failed deposits and cancelled withdrawals.
- How ***** **************** intervenes when a person is showing signs of a gambling disorder.
- On 11/04/20** I tried to stop gambling with a ‘cooling off’ period.
- On 21/05/20** I received the following email from my VIP Manager:
“Hi *****, How are you getting along? Just thought I would drop you a line to see how things are, as realized you haven’t been as active with us as you were.”
This was a clear attempt to get me to gamble (lose) more.
- Despite all of the aforementioned after closing my ***** ***** account I was able to repeat the same disordered behaviour with no intervention from ***** ************* *** staff.
In summary, it must have been abundantly clear to my VIP manager that I was showing many traits of an acute gambling disorder, neither he or ***** ************* *** staff did anything to protect me as a vulnerable person.
What I require ***** ************* *** to do
- A good starting point is to accept a failure of responsibility. I’ve done this by seeking help and support from Gamcare. I have also accessed counselling services, but ***** ************* *** has not accepted their responsibilities despite overwhelming evidence of failings.
- I’d also like ***** ************* *** to read closely my constructive offer that follows.
I’m aware of a number of similar cases to mine that have been settled out of court, so I do feel it is in my interests to pursue this option if needed. However, I have no wish to drag my case and ***** ************* *** through the courts or the Gambling Commission’s investigatory processes, which could lead to a fine or fines amounting to hundreds of thousands of pounds for ***** ************* ***. However, after seeking advice I now have the strength to pursue every route open to me. I would, therefore hope we can come to some sort of informal settlement that reflects the responsibilities of both parties. I’m more than willing to sign a non-disclosure agreement if a suitable offer is made by 19th July 20**.
I look forward to hearing from you and hopefully constructively moving forward to a mutually acceptable solution without the need for the involvement of the Gambling Commission or the courts.
Yours sincerely,
***** ******
(Username: **********)