Please advise - I really need your help

[des8]

Re: Please advise - I really need your help

Petfre is a subsidiary company of Betfred Group Limited not part of it,, but I alluded in post 19 to the possibility of linking them although they are separate legal entities.
This has been done in liability cases, or when the subsidiary as closed or gone into liquidation. but it is far from a foregone conclusion.

We have the makings of an interesting discussion here, but I doubt it will assist Daniella much .

[FlamingParrot]

Re: Please advise - I really need your help

Des Gibraltar has it's own companies house type thing - that's posibly why you can't find them!

https://www.companieshouse.gi/

Unlike the UK CH site, that one has no search facility so it's not much use if you can't search for a company. :mmph:

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In any case, my feelings are that as they failed to rectify the proper service address when they acknowledged my claim (three days after it was served) that they cannot now state they made an incorrect diary entry - we're talking about a lawyer making this mistake, not a member of the public like myself.

Does anyone know which recent case it was that set a precedent for strict rule compliance by Litigant In Person claimants?

Also, could I take the lawyer to Court for making this mistake and now costing me a non-refundable set of flights worth £600?

What lawyer? Did you hire one to issue the claim?

[Daniella]

Re: Please advise - I really need your help

No date for set aside yet.

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The lawyer I was referring to was Betfred's lawyer - he diarised the respond for the wrong date, or so he says, meaning I was able to win a default judgement.

I'm wondering if I can take him on now as his mistake led me to believe I was £700 better off.

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there was one week between judgement and the app to set aside.

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Thanks for your help all!

[des8]

Re: Please advise - I really need your help

I wonder if Betfred realise how much this lawyers "slip" is costing them?
It would be cheaper for them to pay the £600 to Daniella.
Might be worth writing to Betfred directly, as they might not know.
What do others think?

[R0b]

Re: Please advise - I really need your help

The lawyer I was referring to was Betfred's lawyer - he diarised the respond for the wrong date, or so he says, meaning I was able to win a default judgement.

I'm wondering if I can take him on now as his mistake led me to believe I was £700 better off.

Very poor management from Betfred's lawyer, especially if he is relying on the 'forgot to diarise' defence. As for taking him on, do you mean taking him to court? That won't happen as the argument is that you shouldn't have splashed out £700 when you haven't received the money from Betfred. Just because a default judgment is award in your favour there's always the possibility that those can be set aside. There is a long list of case law that where default judgments have both been set aside and refused (spanning from about 2 months up to 11 years) but under civil Procedure Rules 13.2 the court may set aside default judgment where the defendant has a real prospect of success or there is some other good reason.

Have they actually stated why they wouldn't pay out? was there any reason not to pay out like a technicality or something else?

[Daniella]

Re: Please advise - I really need your help

They advised me previously I could change my bet before the game I was betting on.

Called them immediately after placing the wrong bet, was on hold for 40 minutes before giving up and emailing instead.

I have proof of the call and the email being sent.

They deny they ever received the email and state the original bet stands

But it was sent successfully and I did not get any 'mail undelivered' emails back from them.

[R0b]

Re: Please advise - I really need your help

I'm afraid you might be out of luck, their T&C's state that once a bet is confirmed, they cannot be altered and they will not amend any bets by email.

Under clause 2

1. It is the sole responsibility of our customers to ensure they place their bets correctly. Once bets have been confirmed by our system they cannot be altered or cancelled.

I'd imagine it would be quite difficult to argue your case as this is their conditions that you have accepted when placing the bet, in any event it is their discretion as to whether they accept a bet or not. Regardless of the fact whether they received an email from you, the original bet would stand until they confirm whether they accept the amendment to the bet.

[wales01man]

Re: Please advise - I really need your help

How did they advise a bet could be changed? it appears their terms and conditions that you agree to state a bet cannot be changed is there somewhere in their terms and conditions that agrees with your claim. If not 700 down the pan sorry to say.
The only way forward is to consult a Solicitor who can interpret the small print that though may be more money down the pan.

terms and conditions are longer than War and Peace !

[Daniella]

Re: Please advise - I really need your help

After making an application but before the date for a hearing, can it be cancelled and the fee refunded?

[des8]

Re: Please advise - I really need your help

I haven't checked but think that if the application is withdrawn there might be a refund on a sliding scale dependant on when the withdrawal is made.

Are they suggesting a withdrawal and compromise agreement?

[Daniella]

Re: Please advise - I really need your help

I am going to.

Based on everything, this claim was originally worth £700 (that was the default judgement) so I am going to propose £400 plus the £60 fee paid to file online. What do you think?

[wales01man]

Re: Please advise - I really need your help

Worth a try although if they refuse not much chance of any money

[des8]

Re: Please advise - I really need your help

Just head your letter "without prejudice"

[Daniella]

Re: Please advise - I really need your help

I suggested we settle for £500 (original default was for £700).

They came back with an offer of £180.

I suggested we split the difference at £340.

They came back with a final offer of £150.

My filing fee alone was £60.what

What do you think?

[wales01man]

Re: Please advise - I really need your help

Take it they may come back with zero put this one down to experience