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Very confused - our Small Claim was struck out today

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  • #16
    This afternoon 14:00? Just been there and PoC thrown out

    Worst was he allowed some of the costs.

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    • #17
      Was it against Ladbrokes?

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      • #18
        Yes, that's why I thought if you. Something like deferred small claims. Can't remember exactly

        wife looked it up: adjourned small claims hearing 2 hours

        K**i** v Ladbrook
        Last edited by ostell; 5th November 2019, 20:54:PM.

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        • #19
          Do I need to send the application to the Defendant too? Or just the Court?

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          • #20
            Copy to the other party as well yes.

            What's the application for ? Relief from sanctions and to amend the statement of case ? Have you had proper legal advice on your particulars of claim ?


            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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            • #21
              Originally posted by Amethyst View Post
              Copy to the other party as well yes.

              What's the application for ? Relief from sanctions and to amend the statement of case ? Have you had proper legal advice on your particulars of claim ?

              Can I post here for your opinion?

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              • #22
                FROM MY N244 FORM:
                What order are you asking the court to make and why?
                Relief from sanctions. As per CPR 3.3 (5) & (6), please set aside the Order of 30/10 to strike out my claim. I attach a legal argument and news stories that the Court did not attach to my latest (detailed) Particulars of Claim, and a Witness Statement. Also, I ask the Court to increase the amount claimed to £4,985.

                APPLICATION TO BE CONSIDERED WITHOUT A HEARING

                ALLOW 10 MINUTES

                I DON'T KNOW WHAT LEVEL OF JUDGE OR WHO SHOULD BE SERVED THE APPLICATION?

                If necessary, please continue on a separate sheet.

                There have been, and continue to be, issues with the Court receiving emails from my Hotmail account. NAME, member of Court staff, knows about these issues. I referenced the attached news stories and legal argument / Statement Of Case in my newest Particulars of Claim, and these were all sent by email, before the deadline of 29th October 4PM. However the email with the news stories and Statement Of Case was sent shortly after the email with my new POC attached therein. These two documents were not put together with the POC, which went before Judge Thomas on the 29th October, even though they were sent well before the 4PM deadline. I am sending them again now, together with a Witness Statement. I am determined to hold Ladbrokes responsible for ripping me off.


                And attached are the three following documents:

                EDIT:

                Okay, copying and pasting instead.


                WITNESS STATEMENT



                I, (CENSORED) WILL SAY AS FOLLOWS:



                1. I am (CENSORED), a Litigant In Person.

                2. Ladbrokes Sportsbook LP is the UK arm of Ladbrokes Group, who run an online bookmaker for UK customers.

                3. I joined Ladbrokes Sportsbook LP approx.. January 2018.

                4. Several times over the course of 2018 I noticed that bets I thought I had placed were not placed. I thought it was my mistake.

                5. Towards the end of 2018 I noticed this was occurring more often. I also noticed money being taken from my account balance after placing said bets, and these bets showing up in my bet history, then the funds being returned and the bets not showing as placed.

                6. November 2018 I went on holiday to Rio De Janeiro. I checked the balance of my bank account only to find that money I had withdrawn from my Ladbrokes account was not there. I called Ladbrokes and they told me they had transferred the money to an account other than the one arranged. I told them I would hold them responsible for ruining my holiday if they refused to do anything to rectify the issue caused by their misinformation, yet they refused.

                7. I made a Data Protection request in January this year, with a view to litigating for the ruined holiday incident.

                8. Also in January, I placed a bet for which I received a unique bet ID, that saw funds removed from my balance. Ladbrokes then cancelled the bet. It would have made me approx.. £800. I recorded a call with a female member of Ladbrokes staff, in which she tells me this is perfectly acceptable, and within the scope of Ladbrokes Terms and Conditions.

                9. In March I pursued my DSAR, which was a month late, and I asked for all cancelled bets to be included. I had read via online news sites of many customers complaining about Ladbrokes cancelling bets. I discovered that this was in fact illegal and Breach of Contract. Ladbrokes still refused to send me my DSAR, despite my threats of legal action and a complaint to the Information Commissioners Office.

                10. There were other incidents at this time that I became aware of when performing forensic analysis of my use of Ladbrokes website, such as misrepresentation of in-game statistics, misplaced bets, and wrongly placed bets. I also found issues with the scores of games presented in Ladbrokes cashout section.

                11. Even though I had experienced things like this before, it still shocked me to find that it was happening so regularly.

                12. After taking legal action, Ladbrokes refused to send me my cancelled bet history. Their legal representative (CENSORED) stated that there was not one single cancelled bet in my bet history. They then closed my account.

                13. What Ladbrokes don’t know is that I have screengrabs to show cancelled bets from my account, with every unique bet ID, captured before they closed said account.

                14. I am currently complaining to the ICO about these lies, and I am starting a website, which will be up and running in the next few months – (CENSORED).

                15. I seek £4,985 as remedy for my losses.



                I believe that the facts stated in this witness statement are true.



                STATEMENT OF CASE:


                MY LEGAL ARGUMENT IS AS FOLLOWS:



                1) BREACH OF CONTRACT: Ladbrokes accepted 15 bets from me, took money from my account to pay for them, and assigned bet ID’s for each, forming 15 contracts. They then cancelled said bets, contravening said contracts. Money was lost when these cancelled bets went on to win, yet Ladbrokes have refused to honor these contracts, indeed they have compounded their breaches by denying the bets were placed. The attached news stories detail this known issue. Total of lost winnings is £2,793. And this is just the bets I have a record of.



                2) BREACH OF DUTY OF CARE, LOSSS OF CHANCE: Ladbrokes staff told me that £1,200 of winnings would be withdrawn to a specific bank account that I owned. I told them the money was needed for my upcoming holiday to Brazil. In reliance on their information, I left the country and waited for the funds to hit my bank account. But Ladbrokes sent the money to a different bank account that I no longer had access to, and so, with no access to these funds, the holiday was ruined. I claim damages, so that I am financially no worse off than before going to Brazil, as I would not have gone had I known I would have no spending money. Remedy is £1,700.




                3) FRAUDULENT / NEGLIGENT MISREPRESENTATION: I am also suing Ladbrokes for inaccurate information on their website that enticed me to place, alter, and/or cancel existing/new bets. These bets and cash-out sums would have been significantly more profitable, or seen money stay in my account balance, instead of being placed on subsequently terrible bets, had Ladbrokes properly represented in-play game statistics, graphic displays, score lines, etc. Total I can prove I am out of pocket is £492. This could well be a lot more, when Ladbrokes get me a Subject Access Report.

                Last edited by LaylaBrown; 9th November 2019, 18:25:PM.

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                • #23
                  Don't send that. I have to go out I'm afraid but I'll try to come back later ir tomorrow if no one else looks in on the meantime.

                  What happened with the money that was sent to the wrong bank account ?
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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                  • #24
                    Amethyst hubby had to get a new card and reopen the account when returning to the UK to get access to it.

                    Comment


                    • #25
                      There's a name associated with the above file attachments. A... C... You may want to change that.


                      You say:
                      1) BREACH OF CONTRACT: Ladbrokes accepted 15 bets from me, took money from my account to pay for them, and assigned bet ID’s for each, forming 15 contracts. They then cancelled said bets, contravening said contracts. Money was lost when these cancelled bets went on to win, yet Ladbrokes have refused to honor these contracts, indeed they have compounded their breaches by denying the bets were placed. The attached news stories detail this known issue. Total of lost winnings is £2,793. And this is just the bets I have a record of


                      I find it extraordinary that 15 out of 15 bets won. You said there were over 100 cancelled bets. Are you just cherry-picking the winning ones?

                      Comment


                      • #26
                        Originally posted by 2222 View Post
                        There's a name associated with the above file attachments. A... C... You may want to change that.


                        You say:
                        1) BREACH OF CONTRACT: Ladbrokes accepted 15 bets from me, took money from my account to pay for them, and assigned bet ID’s for each, forming 15 contracts. They then cancelled said bets, contravening said contracts. Money was lost when these cancelled bets went on to win, yet Ladbrokes have refused to honor these contracts, indeed they have compounded their breaches by denying the bets were placed. The attached news stories detail this known issue. Total of lost winnings is £2,793. And this is just the bets I have a record of


                        I find it extraordinary that 15 out of 15 bets won. You said there were over 100 cancelled bets. Are you just cherry-picking the winning ones?
                        There were many more, but they won't send me them. Don't know if they won or lost. I was going through them when they closed my account.
                        Last edited by LaylaBrown; 9th November 2019, 19:31:PM.

                        Comment


                        • #27
                          Originally posted by LaylaBrown View Post

                          There were many more, but they won't send me them. Don't know if they won or lost. I was going through them when they closed my account.
                          Amethyst ? I have to send this today, I think I have 7 days from when we got the Court order?

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                          • #28
                            Help!!!!

                            Comment


                            • #29
                              Anyone?

                              Comment


                              • #30
                                You need a lot more information - it seems you jumped into court action without taking advice and without properly building your case or trying to resolve issues through the official channels first.

                                You submitted a SAR to Ladbrokes and their response was poor and they withheld data which you have evidence of. That's a complaint to the ICO.

                                How did Ladbrokes have the bank details of the account they made the payment to ? If you no longer had access to that account why were the details not removed from the Ladbrokes account dashboard ?

                                How is the £1700 calculated ? If it's flights / hotel - when were they booked ? Was it booked on reliance of receipt of the £3k being paid out to a specific nominated account. What evidence do you have that Ladbrokes promised to pay it to x account rather than y account ?

                                Have you been through IBAS complaints process regarding the cancelled bet issues ?

                                What was Ladbrokes defence - or was it solely an application to strike ?

                                Each of the bets that were cancelled after you'd received confirmation of the bet you need what the bet was and the outcome of each bet placed had they not been cancelled.

                                The cancelled bet issue you may have a chance with.
                                The holiday - I don't think so.
                                The putting terrible bets on bit - also I don't think so.
                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                                Comment

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