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Hi, I will keep this as brief as poss to begin with and not mention the name of the organisation I filed against in the forum for reasons of privacy. I filed a MCOL summons against a well known online bookmaker who ran, and continue to run as is still advertised on their site, a promotion which is fraud. Despite numerous pre-action emails and phone calls they refused to honour the advertised promotion and instead emailed me a completely different set of T&C's after the events had completed which made the advertised promotion physically impossible to operate, and thereby fraud. I placed bets that I would not have done had I known they were to be settled by a different set of T&C's to those advertised. I reported the matter to the Gambling Commission and SFO. The sum I issued the summons for took into account the vast amount of time required in order to establish the depth of the fraud, there are a minimum of 8 counts of deception plus 1 of false accounting. My evidence consists of emails, photos, video, etc.
My main concerns are as follows:
Firstly MCOL (N'ton CCBC) wrongly (?) permitted the defendant to submit an Acknowldegment Of Service on 19th April by email at 14.42 hours, yet the 16th was the stated deadline, though it being a Saturday I believe they had until 16.30 on the 18th? I filed for judgement at 00.38 on the 19th which I believe I was entitled to. It was rejected even though it clearly preceded defendants email. I emailed the court concerning this, still no reply. Was I correct in that this should not have been rejected?
Now to the major concern. In the Acknow' the defendant has sought to tweak the name of the company considerably, and the location, to Gibraltar, from the London address issued on the summons. I find it hard to believe they can offer a meaningful defense to this claim and they may not even try, even though the sum is quite considerable, BUT am I correct in assuming that if they are permitted to change the address to Gibraltar that means should I be awarded judgement and they fail to pay, it would present a major problem enforcing it? For peace of mind I obviously want to retain the London address.
Hopefully there will be someone on here who can help. Note I did not process this matter through IBAS because the only occasion I have used them (eventually successfully) the experience was disgraceful, they are bookmaker biased, and I doubt I would have been able to claim for my time which far outweighs the total sum involved in the deceptions.
Many thanks
My main concerns are as follows:
Firstly MCOL (N'ton CCBC) wrongly (?) permitted the defendant to submit an Acknowldegment Of Service on 19th April by email at 14.42 hours, yet the 16th was the stated deadline, though it being a Saturday I believe they had until 16.30 on the 18th? I filed for judgement at 00.38 on the 19th which I believe I was entitled to. It was rejected even though it clearly preceded defendants email. I emailed the court concerning this, still no reply. Was I correct in that this should not have been rejected?
Now to the major concern. In the Acknow' the defendant has sought to tweak the name of the company considerably, and the location, to Gibraltar, from the London address issued on the summons. I find it hard to believe they can offer a meaningful defense to this claim and they may not even try, even though the sum is quite considerable, BUT am I correct in assuming that if they are permitted to change the address to Gibraltar that means should I be awarded judgement and they fail to pay, it would present a major problem enforcing it? For peace of mind I obviously want to retain the London address.
Hopefully there will be someone on here who can help. Note I did not process this matter through IBAS because the only occasion I have used them (eventually successfully) the experience was disgraceful, they are bookmaker biased, and I doubt I would have been able to claim for my time which far outweighs the total sum involved in the deceptions.
Many thanks
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