Please advise - I really need your help

[Kati]

Re: Please advise - I really need your help

and ... did you make a complaint first? After going through customer services and then the managers you have a choice of going to IBAS and the GGC - http://www.betfred.com/help/faq/general

IBAS or the Gibraltar Gambling Commissioner

In the event you are still dissatisfied with the information we have provided you with you may raise you concerns with either of the two below bodies. Please note though in order to do so, each stipulates that you must have exhausted our complaints process, so please contact us first!

IBAS:
IBAS (the Independent Betting Adjudication Service) are a completely independent adjudication service who will consider any case regarding betting or gaming transactions. Betfred have agreed with IBAS to fully support any investigations they may choose to undertake regarding any betting activity and adhere to any rulings which they may subsequently make. Full information regarding their services can be found at www.ibas-uk.com

Gibraltar Gambling Commissioner:
If you remain dissatisfied with any of our decisions, procedures, processes or policies you may raise your concerns with the Gibraltar Gambling Commissioner. We will fully co-operate with any investigations the Gibraltar Gambling Commissioner may undertake and any rulings that they may choose to make will be fully adhered to. Full information regarding the Gibraltar Gambling Commissioner and their role can be found at www.gibraltar.gov.gi/remotegambling

[Daniella]

Re: Please advise - I really need your help

Sports betting - I used the Benson Rd address for service.

Lying bar-stewards.

I asked for a manager and was told the manager refused to speak to me.

[R0b]

Re: Please advise - I really need your help

11.Governing Law
11.1.The construction, validity and performance of this agreement will be governed by the laws of Gibraltar. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of this agreement will prevail over any other language version issued by us.

11.2.The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.

Their terms and conditions above states the governing law only and not the jurisdiction. governing law determines the law to be applied however the governing law does not determine the jurisdiction. Usually you will see something along the lines of in the event of a dispute, the parties shall submit to the exclusive/non-exclusive jurisdiction of England and Wales / Scottish Law / law of Gibraltar etc.

So as for the lawyer saying that it should have been served in Gibraltar is rubbish in my eyes, they should have stated that in the T&C's, what he can argue though is governing law of Gibraltar whatever that may be. The fact that he failed to adhere to timelines of the court because of a diary issue is a very poor excuse, (particularly that they acknowledged the claim?)

[des8]

Re: Please advise - I really need your help

It is possible to sue Gibraltarian residents, but as they are outside of UK jurisdiction there are certain procedures to be followed for serving papers
http://www.justice.gov.uk/courts/pro...t06/pd_part06b
https://www.justice.gov.uk/courts/pr...es/part06#6.42

Probably not worth the candle!

Another problem is that the claimant named the wrong party.

Bets are placed with "Petfre (Gibraltar) Limited t/a Betfred.com" who should be named as defendant.

If perchance the OP had named "The Betfred Group Limited" as defendant, she may have had a chance as the Gibraltar outfit are a subsidiary.
I suspect however the defendant was named as "Betfred Limited"

This may be of more use:
The Government of Gibraltar Information Services has a Department of Consumer Affairs. The Department of Consumer Affairs will be able to assist you with complaints you may have against local Traders and Companies offering goods or services. The link can be accessed on https://www.gibraltar.gov.gi/new/dep...nsumer-affairs. The Government of Gibraltar Information Services also has a gambling section on http://www.gibraltar.gov.gi/remotegambling/.

[Daniella]

Re: Please advise - I really need your help

I only used 'Betfed' so I could claim this meant the Betfred group?

[R0b]

Re: Please advise - I really need your help

Contrasting what des8 has said, service may be sent to the UK establishment of an overseas company, as per section 1139 of the Companies Act. There is a very recent case on this in the last couple of years regarding good service which I have a copy of and I shall hunt it out and post up. The only thing I can't remember is whether you have to use a particularly prescribed overseas claim form or, whether submitting a MCOL will suffice.

[des8]

Re: Please advise - I really need your help

Regretfully no.
When naming a defendant in court papers, you need to be accurate.
In this case the group is headed by "Betfred Group limited"
Subsidiaries include "Betfred Limited" and "Petfre (Gibraltar) Limited t/a Betfred.com"
All are separate entities.

[des8]

Re: Please advise - I really need your help

Contrasting what des8 has said, service may be sent to the UK establishment of an overseas company, as per section 1139 of the Companies Act. There is a very recent case on this in the last couple of years regarding good service which I have a copy of and I shall hunt it out and post up. The only thing I can't remember is whether you have to use a particularly prescribed overseas claim form or, whether submitting a MCOL will suffice.

But I think that only applies if the company has registered offices in the UK (sec 1046)
As Petfred are operating online I think that it is unlikely they are also registered here.

[Daniella]

Re: Please advise - I really need your help

They must be registered here as they are on Companies House with the registered address in Watford?

I am sure I could state that 'Betfred' means Betfred Group, as it does not limit itself as 'Betfred Limited,' and so technically is not specific at all?

[R0b]

Re: Please advise - I really need your help

Betfred Limited - 08415730
Betfred Group Limited - 0771709

Both above are registered companies. Under the Overseas of Companies Regulations 2009 as incorporated into the CA 2006, I believe it is the case that where overseas companies have a branch/business in the UK, they must be registered in the UK.

As for the mistake in the defendant's name, I would argue the "slip rule" in which court has discretion to amend the judgment to the correct name of the defendant. There is no other company registered as betfred other than betfred limited / betfred group. Provided that the address has been correctly entered then the claimants can be clearly identified and as such the error of not putting limited or group limited is not so substantial.

The case I was referring to above was Teekay Tankers Limited v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm) in relation to service of overseas companies. Also see very recent case of Ashley and others v Tesco Stores Ltd [2015] EWCA Civ 414 albeit it is mainly relating to time limits of service, it does however discuss the use of service against overseas companies.

EDIT: Daniella, do you have a date for the hearing to set aside?

[Daniella]

Re: Please advise - I really need your help

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?

[des8]

Re: Please advise - I really need your help

They must be registered here as they are on Companies House with the registered address in Watford?

I am sure I could state that 'Betfred' means Betfred Group, as it does not limit itself as 'Betfred Limited,' and so technically is not specific at all?

Not being specific is your problem!
You have to be accurate when you take someone to court!
Betfred limited and Betfred Group Limited are registered at Companies House.
Petfre (Gibraltar)Limited t/a Betfred,com isn't registered at Companies house

When placing bets on line, you did so with Petfre.
That is what the website T&Cs show, so any dispute is with Petfre and they are the person to be named in your claim form.

My eyesight must be failing. I thought I saw a uk registration for Petfre, but it was small print white on blue.

[R0b]

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/

I didn't realise that the bet was made online as opposed to a shop. Nevertheless, as per the CA 2006 and the cases above, service on an overseas company appears to be valid if sent to their UK branch as opposed to their overseas - Plus she was advised to send service to the UK based address, which she relied upon.

Again Daniella, do you have a date for the setting aside of the judgment and have you received any paperwork on it?

[des8]

Re: Please advise - I really need your help

Trouble is Petfre don;t have a UK branch. but by all means oppose the application.

The good thing is that Betfred are having to pay £155 application fee, their solicitors costs and, even if they are successful, they may have to meet your costs.
Might be worth asking them if they want to compromise in return for a consent order?

[R0b]

Re: Please advise - I really need your help

Petfred is part of the Betfred Group, or so it says in their T's & C's. The website also has a UK customer service number, they are trading as betfred, they have business in the UK as betfred and in my eyes betfred limited is their UK branch not to mention being regulated by the UK gambling commission.

I assume that a default judgment was gained, but again all depends on what sort of defence they have and whether it is valid or not. I don't think judgment will be set aside on grounds of incorrect jurisdiction, if they have a viable defence it is likely they judge may be swayed in setting aside for that reason. other factors might include the length of time between default judgment and the application to set aside.

let's wait and see what daniella responds with