The Sun Play (Nektan) ignoring closure requests

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ajc18
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The Sun Play (Nektan) ignoring closure requests

Post by ajc18 » Sat Dec 08, 2018 1:51 pm

Hi, I'm looking for advice if possible please.

I sent the below email to 'The Sun Play' and it's operator 'Nektan' on 16th November.


'Hi,

I am writing to you as the operator of 'The Sun Play' and after repeatedly failing to get thesunplay to close my account.

I joined the sun play in August of this year. Around the of September i won a substantial amount of money, however was unable to withdraw my balance in one go due to amount withdrawl limits, this led me to continue to play the balance until I lost all of my winnings.

This made me assess my gambling habits and realise that I had a gambling problem.

On 07/10/18 I sent the attached emaiI to thesunplay customer service stating that i was concerned about my gambling habits and requested that my account be permanently closed. I received no response to this email and my account remained open allowing me to continue to gamble.

On 10/10/18 I called the Sun play customer service and advised that I had emailed asking for my account to be closed and hadnt received a response, I again explained that I had a gambling addiction and again requested for my account to be permanently closed. Please see attached copy of my phone bill for proof of this phone call.
I was advised that my request would need to be passed to the VIP team and they would action my request.
My account wasn't closed, I received no contact from the VIP team and I was able to continue to use my account and continue to gamble.

On 05/11/18 I called the Sun Play customer service line again and again explained that I had twice requested for my account to be closed and that this still hasn't been done. Please see attached copy of my phone bill for proof of this phone call. This time I was advised that this request couldn't be auctioned over the phone and that I would need to email my request to customer services (again) as there was no record of my previous request.

As thesunplay states that their calls are 'recorded for training and quality purposes' then you should also be able to obtain recordings of these phone calls.

I then again resent my original closure request email and again asked for the account to be closed permanently on 05/11/18 (See attached). Again I have not received any response to this email and my account is still open which has meant that I have been able to continue to gamble on the site.

Additionally, when I emailed The Sun Play last week asking for a copy of my chat transcripts, they replied immediately, which suggests that my emails requesting closure of my account have been purposely ignored.

This morning I have contacted gambleaware for help and advice and explained all of the above to them and they have advised that thesunplay have a social responsibility and a duty of care to close my account immediately as soon as i informed you that I had a problem with gambling and as I requested that my account be closed immediately, The Sun Play should refund any deposits made after my first request on 07/10/18.

This is my final attempt to resolve this matter with you directly before I escalate the matter to your regulating body.

Please permanently close my account and refund all net deposits back to the payment method attached to my account immediately.

Thank you

I received the following reply from Netkans 'Head of compliance' almost immediately, bust since then have heard nothing.


Dear ***,

Firstly, I acknowledge receipt of your email, secondly, I can confirm your account is closed however given your statements I will recommend exclusion for your own safety, thirdly the compliance team has launched an internal investigation in to the events and timings presented by yourself.



As the compliance department we are autonomous to normal operations, allowing us to carry out two-way fair investigations as such, these investigations can be complex in that they are extensive, so please be patient with us on this, in the meantime I strongly suggest that you visit https://www.gamstop.co.uk/ and protect yourself via this functionality.



Myself or a member of the compliance team will be in touch with you in due course, to either update you with our progress or potentially request further information.



As mentioned, you have made the first step by contacting Gamcare, who I hope recommended nationwide exclusion with gamstop, either way this is an option I would highly recommend to you



Yours Sincerly



I emailed again yesterday morning asking for an update and have received no response.

Does anybody have any reccomendations as to what my next steps should be please?

Many Thanks

Jimmy Justice
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Re: The Sun Play (Nektan) ignoring closure requests

Post by Jimmy Justice » Sun Dec 09, 2018 9:57 am

Thank you for your post and sharing such a personal story.

Obviously I don't have The Sun Play's side of the story, but based on what you have outlined and nothing else this is a severe breach of UK gambling licensing policy and they will know that.

I would agree with GambleAware, but go even further:

1. According to our legal advice, as per Gambleaware's advice, you are entitled to all of your losses post your first email to self exclude. This should have been acted on immediately by TSP, but wasn't, so it's likely they are in breach of English Tort law regarding the protection of vulnerable people.
2. You also have a case for a refund of your losses after you tried to withdraw originally. Both the Gambling Commission and the Competition and Markets Authority ruled earlier this year that gambling companies should not unduly delay withdrawals (https://www.gamblingcommission.gov.uk/n ... ction.aspx & https://www.gov.uk/government/news/onli ... ithdrawals). This type of behaviour seems to be common in the online casino industry.

Although they won't help you personally (what a laugh that is) you should report your experiences to the Gambling Commission.

If TSP does not offer a refund of losses post your self exclusion requests and/or a proportion of your winnings post their refusal to let you withdraw in the next 21 days you should seek further advice.

Our email address is: info@justiceforpunters.org if you wish to contact us in private after this time period.

I do hope TSP do the right things, but I have to say our experience with other operators is they won't. I hope I'm surprised.

JJ

Del
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Re: The Sun Play (Nektan) ignoring closure requests

Post by Del » Sun Dec 09, 2018 10:55 pm

In the meantime, it might also be worth submitting a Subject Access Request now, given they can take a month to comply. They won't like it, but they'll have to comply under GDPR rules.

You've got 'em banged to rights so far, just a question of how and when you can get their full attention. It's a reasonably good sign their compliance officer is looking into it, but they'll probably try and fob you off until things get serious.

ajc18
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Re: The Sun Play (Nektan) ignoring closure requests

Post by ajc18 » Mon Dec 10, 2018 10:37 am

Thank you so much for the responses, this is really helpful.

I have already sent them a SAR for my chat transcripts, which they responded with on the 28th day. I will send another one for all details.

Just to confirm - the last response from the compliance officer was on 16th November (23 days ago). Do you suggest that I wait a further 21 days before taking any further action?

Many thanks again.

Jimmy Justice
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Posts: 594
Joined: Wed Jan 13, 2016 9:16 am

Re: The Sun Play (Nektan) ignoring closure requests

Post by Jimmy Justice » Tue Dec 11, 2018 11:24 am

I would just get on with requesting the additional information. You need all gambling and financial transactions preferably in Excel files. And all contact of any form. They have to provide it legally, don't let them off.

You can now post immediately without approval.

JJ

ajc18
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Re: The Sun Play (Nektan) ignoring closure requests

Post by ajc18 » Tue Dec 11, 2018 7:53 pm

I submitted a full SAR to them yesterday, I'll let you know what response i get from them. Thanks again.

Jimmy Justice
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Posts: 594
Joined: Wed Jan 13, 2016 9:16 am

Re: The Sun Play (Nektan) ignoring closure requests

Post by Jimmy Justice » Thu Dec 13, 2018 8:34 am

Good stuff.

JJ

ajc18
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Re: The Sun Play (Nektan) ignoring closure requests

Post by ajc18 » Sat Dec 29, 2018 12:52 pm

Hi, just an update for info.

I emailed Nektan and their head of compliance again yesterday and had the following email exchange with him:

It has now been 42 days since my original complaint and your confirmation of receiving my complaint on 16/11/18.

Additionally it has been 21 days since I wrote to you asking for an update on 07/12/18 to which I have received no response.

Since making my complaint to you, i have been advised that, as per Gambleware's advice, I am entitled to a refund of all of my losses post my first email to close my account on 07/10/18. This should have been acted on immediately by The Sun Play, but wasn't, which is a breach of English Tort law regarding the protection of vulnerable people.

I have also been advised that I am entitled to a refund of my losses after I tried to withdraw my balance on 11/09/18 and was told by Toni via chat that I would be unable to withdraw until 01/10/18. Both the Gambling Commission and the Competition Markets Authority ruled earlier this year that gambling companies should not unduly delay withdrawals as documented here:

https://www.gamblingcommission.gov.uk/n ... ction.aspx

And here:

https://www.gov.uk/government/news/onli ... ithdrawals


If I receive no response or conformation that my refund is being processed within the next 7 days then I will be taking the matter further and escalating externally.

Regards



I received a reply from Malcom Campbell, Netkans head of compliance a few hours later:

Thank you for your email, I am currently on vacation but have the feedback from my internal investigations at hand. This has raised several inconsistencies with your stated version of events and the evidence presented, to help me further understand this can you please provide the following:



As you are aware we record accepted and attempted phone calls to our support numbers: Can you please provide the number called, confirm the date and approx. time and the number that you called from? Can you name any person you spoke to?



I Can confirm that we have received various emails from yourself using the email address registered with us, however none of the emails discuss/mention account closure or problem gambling and we did not receive any mails from you on the date and time stated, with this in mind can you check your email history and confirm Email address sent from, email address sent to and exact date and times, please also confirm that you did not get any undelivered messaging from these mails.



Can you also confirm that no attempt was made to contact us via live help on this matter?



Finally, is it possible that you may have contacted anther sunplay product such as bingo instead of ourselves (Nektan)


I have your case prioritised and will respond to you as soon as you can advise on the above


Yours Sincerely


Malcolm Campbell



I replied with the following:


Both calls were made to 02036514653 and were made from my mobile number which is 07*******.

The first call was made on 10/10/18 at 16.20pm

The second call was made on 05/11/18 at 11.02am

I'm afraid I do not know the names of who i spoke to, however it was a female that I spoke to both times.


The first email requesting closure was sent
from: ***@gmail.com
to: thesunplay.support@nektan.com
date: 07/10/18
time: 23:49

The second email requesting closure was sent
from: ***@gmail.com
to: thesunplay.support@nektan.com
date: 05/11/18
time: 11:16

I can confirm that I received no undeliverable messages from either emails.

I can confirm that i did not request my account to be closed via chat, I made the requests via email and telephone on the dates and times stated above.

I don't believe that I contacted any other SunPlay product as the email address and telephone number that I contacted are listed on the sunplay (Nektan) contact section of it's website.

Thank you



And I have just received the following reply from him:

Thank you for the answers supplied, I will now request a priority check of the information supplied as a final verification. I will respond to you as soon as I have the requested information at hand, I would hope within the next 48 hours



Yours Sincerly

Jimmy Justice
Site Admin
Posts: 594
Joined: Wed Jan 13, 2016 9:16 am

Re: The Sun Play (Nektan) ignoring closure requests

Post by Jimmy Justice » Sun Dec 30, 2018 10:48 am

Many thanks for all this detail.

It's very frustrating, but what you're experiencing is common. I obviously don't know whether what Mr Campbell claims about the lack of proof of the calls/emails at their end is a system failing or not. What I can confirm is that it wouldn't be the first time a gambling suddenly has found records of emails/calls after a detailed repsonse like yours.

Keep fighting; you're going in the right direction. Try to keep calm.

JJ

ajc18
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Re: The Sun Play (Nektan) ignoring closure requests

Post by ajc18 » Sun Dec 30, 2018 12:10 pm

Thanks for the response.

The exact dates and times of my calls and emails were already clearly shown in the screen shots of the emails and phone bills that I sent with my original complaint, so I'm not sure if they had even looked for them before now. We will see what, if anything he comes back with tomorrow. I will keep you updated.

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