WHAT TO DO WHEN A BETTING HOUSE REFUSES TO PAY YOU?
This entry is valid to protest against two common practices in this sector:
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Refuse to let you withdraw your money. They do this claiming that they have not been able to verify your identity. If you have sent all the documents that the bookmakers have required, and still they refuse to pay you your money (sometimes they will try to keep only your profits and pay you what you deposited, other times they will try to keep everything), this is your site .
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Cancel bets already placed. It seems less burdensome for the bettor than the previous point, but the result is the same: they are keeping your money. We are referring to cases in which you have placed a bet, the bookmaker accepts it, and later decides to cancel it, returning only the money you have invested. Obviously, they only do this with bets that you have won, never with those that you have lost.
*We want to draw attention to the fact that in this procedure, attention is not drawn to the nullity of theclauses abusivas that bookmakers use to carry out these practices, since to protest that it would be necessary to go to a regular trial, accompanied by a lawyer and solicitor.
THE JUDICIAL PATH, THE ONLY ALTERNATIVE
That's right friends. Although it is true that theDGOJ (General Directorate for the Regulation of Gambling), the administrative body that regulates gambling in Spain enables mechanisms to protest the abuses of bookmakers, the truth is that we have not seen many cases in which the bettor has been found to be right.
Therefore, the best hopes to find justice will be found in the judiciary. This, although it sounds like a terrible procedure and, above all, very expensive, does not have to be if you follow this post.
THE VERBAL TRIAL
Verbal judgment is a type of proceduregratuitous,simple, thatdoes not require a lawyeror attorney, and that is held in the city of the plaintiff (your city), available forclaims up to 2,000 euros.
Even with these facilities, we recommend that you do not file frivolous lawsuits. Lawsuits are filed to win, not to overwhelm the judicial system. If you don't even have time to read this article to the end, you should not sue anyone.
Antes de hacer nada, pregunta cualquier duda que tengas respecto al procedimiento en la Oficina de Atención Ciudadana del propio Court, that's what it's for.
BEFORE YOU SUE
The first thing to do when you have a problem with a bookmaker, is to complain to Customer Service de la propia casa de apuestas, preferiblemente por email:
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To make it easier for you to provide as evidence later,
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Because sometimes by chat or phone verbal excesses are commented that will not help in a possible trial, and
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Because the chat is completely useless to resolve any claim (unless it is for a very small amount, and even in this case it is only useful in very few bookmakers).
The bookmaker has a month to respond (although they usually respond within a few days), in accordance with article 7.3 of theAnnex I of the Order EHA/3080/2011, of November 8, which approves the basic regulation of counterpart sports betting.
After a month without a response, or when the bookmaker responds to you (whichever happens before), it can already be understood that they have dismissed your claim, and go to court.
IMPORTANT: In any case, whether you decide to complain by email or by (not recommended) chat, remember that it is preferable to talk less than talk more: as usual say in American movies, anything you say could be used against you.
Nobody likes loudmouths. Leave arrogance and "coolness" aside during the entire process (from the initial claim until the end of the trial), do not lower yourself to the level of the houses de apuestas, no somos como ellos. Sed correctos y educados en todo momento, aunque mostrando firmeza y determinación._cc781905-5cde-3194- bb3b-136bad5cf58d_It is one thing to face the process with confidence -and humility-, and quite another to go overly confident or even "excessive".
En vuestro primer email sed muy concretos a la hora de dejar claro que es lo que solicitáis (p.ej I request the payment of the winnings of the XXXX bet, at the original fee that I have paid, and it has been correctly registered in the receipt of the same and in my game history). Do not "decorate" too much in this first claim, nor enter into absurd discussions that only interest the bookmaker.
If they dismiss your initial claim, you can respond with un second email where you can already express your disagreement with the resolution, and express your intention to take the claim to its final consequences, going to the administrative or judicial route, citing the irregularities that you consider have been committed or citing the precedents that you know of convictions for similar acts to other betting houses. On the internet you can find a “model” for this second email.
Once this procedure has been completed you can now consider suing the bookmaker, if you consider it appropriate.
SUE THE BOOKMARKS
To sue the bookmaker, you must do the following:
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Download el printnormalized, in format Word:
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Fill out the form.It is very simple, you just have to write your personal data, identify the defendant operator, and briefly explain the events that led to your claim. Take your time to prepare it so that the happened is well understood (you are writing a lawsuit, not ordering a pizza). It is a process that, in the best of cases, will be resolved in 6 months, so do it well and without haste. Some remarks:
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You must de quantify the amount claimed as precisely as possible. For example, if the bookmaker closes you the account seizing your money, you will request the available balance at the time of closing; If a bet has been canceled or modified, you will request the amount of the full winnings (minus what you have already been paid).
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At the end you have to write the list of the documents that you attach as evidence: basically they are usually los emails, capturas_cc781905-5cde-3194-bb3b-136bad5cf58d7,136bad5cf58 bets -5cde-3194-bb3b-136bad5cf58d_sentencias favorable for similar facts. Provide all the evidence you have at this time.
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It is necessary to indicate expresamente if you request or not to hold the hearing. An "pertinent estimate holding the hearing" will suffice.
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The data of the bookmakers (address, CIF, exact name of the company,...) can be obtained on the website of la DGOJ. Click on the operator's link, y search for the documento “General resolution granting the development and exploitation license game modality Bets on entity XXXXX" or the most recent resolution regarding the betting license. Y pon only the Spanish address, to avoid confusion._cc781905 -5cde-3194-bb3b-136bad5cf58d_Also you can ask the operator for their current address or that of their representative in Spain, they have the legal obligation to provide it:_cc781900 bb3b-136bad5cf58d_art. 8.a) of Annex I of theOrder EHA/3080/2011.
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We leave you a couple of convictions regarding cancellations and modifications of bets that you can provide as proof.
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Submit it to the Registry of the Court of First Instance of your city.Bring 3 copies of the claim and attached documentation that you consider necessary to prove the facts and justify your request other party and for you). Contribute what you already have at this time, because later you may not be able to contribute it.
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You will be notified of the trial date, or any other incident, by certified mail at your address. Read carefully all the communications that you receive from the court, they will indicate the procedures and actions that you must carry out.
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En la Oficina de Atención Ciudadana del Juzgado te pueden facilitar más información, y los impresos necesarios. Es recomendable acudir a ella_cc781905-5cde-3194 -bb3b-136bad5cf58d_(or a lawyer) for any clarification you need.
It is also highly recommended to attend a verbal trial, as a public, to familiarize yourself with the procedure, and that your trial is not the first one you attend.
FREQUENT QUESTIONS
Is the Court of First Instance always competent?
As we have already said, in general, yes.
But there is an exception, in the case of claims less than €90, and as long as there is no Court of First Instance in your city, the Juzgado de Paz will be competent, and there you have to present your demand.
Why will the trial be held in my city, if as a general rule (and in the T&C) it is indicated that it will be in the locality of the bookmaker?
Territorial jurisdiction is determined when it comes to legal persons, by the general jurisdiction set forth in article 51.1LEC, which states that: "Unless the Law provides otherwise, legal persons will be sued in the place of their domicile". But in this case, the law provides otherwise.
The art. 52.2LECestablece que “en materia de contratos de prestación de servicios […] cuya celebración hubiera sido precedida of public offer, the court […] of the domicile of the person who accepted the offer will be competent.”
El art. 29 of theLaw 34/2002, of July 11 2002, of Services of the information society and electronic commerce, provides that "Contracts entered into electronically in which un consumidor intervenes as a party shall be presumed to have been entered into in the place where he has his habitual residence.
The special consideration of the gaming contract entails that the regulations regarding territorial jurisdiction be exceptional and preferential to the general territorial jurisdiction ("unless otherwise provided by law" ) since, in terms of competition, the laws that regulate Internet gaming contracts preceded by a public offer, adhesion contracts and the defense of consumers and users would be applicable, and in this consideration the court must be competent. of your city, as soon as the place of the contract and that of the plaintiff/consumer who accepted such public offer coincides.
In addition, el article 54 second section of theLEC literally establishes that: "The express submission contained in the adhesion contracts will not be valid, or that contain general conditions imposed by one of the parties, or that are have concluded with consumers and users”, so it does not matter that the bookmaker refers to the court of your city in its T&C. The art. 90 of RD Lvo 1/2007 endorses this same position.
Can I submit a statement of claim other than the standard form?
Yes, but if you do not have a minimum legal knowledge, I do not advise it.
Although in administrative claims there is freedom of form, and they only have to meet a few minimum requirements, in legal claims certain formal requirements must be observed.
Once the lawsuit is filed, is it possible to reach an agreement before trial?
Yes, of course an agreement can be reached. In fact, in the case of claims for small amounts (less than €250-300, for example), it would even be the most logical (but it depends on each company).
If you reach an agreement, you can withdraw the claim at any time, presenting a simple document like the one we attach in the corresponding court_cc781905-5cde-3194-bb3b-1358badfc58d_
Is winning the lawsuit 100% guaranteed?
No, but they will win the vast majority. In Law nothing is 100% certain, and even in the clearest cases, such as the infamous "preferred", for example, the clients of the banks won 90y% of the lawsuits. That is very good, yes, but they are not all.
What do I have to do at trial?
Basically, ratify your claim, answer the questions that the other party asks you, and ask the questions that you consider necessary. Conclusions are not usually allowed in this type of procedure.
The best thing is that you go to witness a verbal trial, so that yours is not the first. They last very little, and it is well worth it.
Can I file the statement of claim myself, and then hire a lawyer before trial?
Yes, you can hire a lawyer at any time if you consider it appropriate (or go without a lawyer to the trial).
If I hire a lawyer, and I win, can they order the other party to pay me those expenses?
No, as we have already mentioned, this procedure does not require a lawyer, so, win or lose, you have to pay for it.
If the opposing party is assisted by a lawyer, and wins, can they sentence me topay those expenses?
In principle, no, for the same reason stated in the previous point. Although it is best that you consultes in the Citizen Service Office of the Court itself, or to alawyer, to confirm it, because each case is different.
Do you recommend going to a lawyer?
It is not easy to answer. It depends on the case, the amount claimed, your oratorical qualities and your legal knowledge. But if we had to advise, we would say that:
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In cases of less than 500 euros, I would NOT hire a lawyer.
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In cases of more than 1,500 euros, I would hirelawyer(before filing the claim).
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In cases between 500 and 1,500 euros, I would present the lawsuit myself, and, as events unfolded, I would decide whether to hire a lawyer.
If I have earned less than 12,780 euros last year, can I request free justice for these cases?
No, it is a procedure that does not require a lawyer or solicitor, nor are there fees or other expenses, therefore, you cannot request a public defender, except in the case described in the following section.
Is it a major handicap to go without a lawyer?
Not necessarily, but obviously not an advantage either.
How long can the whole process take?
We cannot give you an answer that is not even approximate, since it depends on many circumstances: the number of cases before the court, whether the other party pleads for territorial incompetence or for another reason, that the judge requests some additional procedure, that the judgment be challenged (which, even if it is final, can be challenged in certain circumstances), that part of the procedure coincides in the month of August (which is a non-working day)...
To "insure" I would say between 3 and 18 months. And if we were to reduce that interval, we would bet (with great caution) for a period of 6 to 9 months.
What law specifically regulates the verbal trial?
TheCivil Procedure Law (LEC) in its articles 437 to 447.
And if I win, don't they also penalize the bookmaker?
Not directly, but with that sentence you could request the sanction from theGeneral Sub-Directorate of Inspection of the DGOJ(who is the one who has sanctioning power).
What you would have to do is file an administrative complaint with the DGOJ for non-payment, which is a serious or very serious infringement, if it is repeated. The sanctions are from 100,000 to 1,000,000 euros in the first case, and more than 1,000,000 euros in the second.
TheGeneral Subdirectorate of Management and Institutional RelationsIt has repeatedly stated in its latest resolutions declaring itself incompetent, and referring the claimants to the courts. Once you obtain the ruling from those courts, to which the DGOJ itself has referred you, they should no longer have any excuse for not sanctioning.
What if I want to claim more than 2,000 euros?
You will have to be assisted, necessarily, by a lawyer and solicitor. Depending on the amount, it will be a verbal or ordinary trial.
In this case, yes, if your income is less than 12,780 euros, you can request Free Justice. In http://www.justiciagratuita.es/publico/ you will find all the information about it.
If you are provisionally granted, wait a for it to be final before your public defender takes action.
DISCLAIMER
This entryis intended to provide guidance to anyone suffering from this type of grievance, and I would never have thought of suing bookmakers otherwise. We believe that in this way we are helping the Game to be fair and equitable.
We do not guarantee the success of this procedure. We share it here because it is a procedure that has worked in situations like the ones we describe for other people.
We do not assume any responsibility for the actions that the reader decides to take.