Duty of Care to Gamblers

[matth200]

Does the bank owe a compulsive gambler, (following disclosure of a gambling addiction) a duty of care to restrict transactions and prevent the overdraft from being used to gamble with. If the bank has a policy to restrict borrowing and this is not followed could this give a right of action to the account holder in a civil court to reclaim all gambling losses or is this too remote?

[teaboy2]

Re: Duty of Care to Gamblers

Nope. The bank is not responsible for your financial management. If they were to be held responsible for losses caused by an addiction (regardless of whether they knew about it or not) then they would also be responsible for all purchases made by people with mental illness's such as food addiction or compulsive buyer syndrome (People that can't help but buy certain products whenever they see them).

If anyone would have any duty of care, it would be the casino, betting shop, or online gambling site. Though you would have to prove they new you had a gambling addiction.

You should use the experience of losing so much money as a weapon to fight your addiction, i.e. learn from it, as the only winner, when it comes to gambling is the casino, betting shop or online gaming site.

Also if you were to get such compensation, would it be wise to award someone addicted to gambling any form of money given the chance of them spending it on gambling even more?

[wales01man]

Re: Duty of Care to Gamblers

Teaboy
You put down into words what i was thinking why should anyone be responsible for anothers addiction

[Inca]

Re: Duty of Care to Gamblers

It's an interesting,but totally whacky,thought process. How the heck could anyone 'police' a bank account for anyone with an addiction?

[matth200]

Re: Duty of Care to Gamblers

It's an interesting,but totally whacky,thought process. How the heck could anyone 'police' a bank account for anyone with an addiction?

Thank you for your post. It is not a case of policing the account. As mentioned the account holder disclosed their addiction but despite having a policy in place to restrict borrowing following a disclosure, the bank failed to implement it on that occasion. I take the point about other addictions but a gambling addiction is a mental illness defined as "difficulties in limiting money which leads to adverse consequences". Also please refer to the Lending Code which has a whole section on Debt and Mental Health.

[wales01man]

Re: Duty of Care to Gamblers

And alcoholism is a disease like cancer?my mum died of cancer and my brother died an akcoholic strange that he went to the off licence and brought drink,my mum didnt go and buy cancer all this talk off addiction makes my blood boil.
For every problem or addiction someone may have there is help out there not to sure the bank can?

[Inca]

Re: Duty of Care to Gamblers

Sorry,,I was actually joking,,the very idea that a gambler would even contemplate blaming the bank or expecting the bank to 'police' their account struck me as funny.
I lost someone very dear to me through alcoholism,,it's a wretched evil addiction,,but that's all it is,an addiction,it's not a disease,it's a choice.

[matth200]

Re: Duty of Care to Gamblers

Sorry I thought this was supposed to be serious forum where people try to help and do not sit in judgement of others.

[Inca]

Re: Duty of Care to Gamblers

I'm not judging at all,,to each their own,,but a gambler will find plenty of ways of gambling that noone can watch over or have a duty of care.
Scratch cards,bookies,bingo halls...all use cash so I fail to see how a bank could have any responsibility.

[wales01man]

Re: Duty of Care to Gamblers

Sorry to say, but i for one fing it hilarious that someone is addicted to anything,as i said for everyone with a problem or addiction there is help your friend should seek it THATS SERIOUS

[PlanB]

Re: Duty of Care to Gamblers

Sorry I thought this was supposed to be serious forum where people try to help and do not sit in judgement of others.

I've sent a PM to someone I know who can help you so please don't log off yet. Jon will be here soon

[PlanB]

Re: Duty of Care to Gamblers

Does the bank owe a compulsive gambler, (following disclosure of a gambling addiction) a duty of care to restrict transactions and prevent the overdraft from being used to gamble with. If the bank has a policy to restrict borrowing and this is not followed could this give a right of action to the account holder in a civil court to reclaim all gambling losses or is this too remote?

Can you tell us more about any formality of the disclosure (was this in writing?). Was the overdraft facility increased after this disclosure? Was there a DD facility set up to the gambling website (was it online gambling?). Has this situation resulted in a default on the account? Is that bank chasing a debt through the county court? Please feel free to give us all the facts before we can offer help and support

[leclerc]

Re: Duty of Care to Gamblers

Thank you for your post. It is not a case of policing the account. As mentioned the account holder disclosed their addiction but despite having a policy in place to restrict borrowing following a disclosure, the bank failed to implement it on that occasion. I take the point about other addictions but a gambling addiction is a mental illness defined as "difficulties in limiting money which leads to adverse consequences". Also please refer to the Lending Code which has a whole section on Debt and Mental Health.

Gambling would not be covered by the Lending Code under Mental Health issues I'm afraid. I do not believe that Gambling would be classed in the category of Mental Health. Yes, it is an addiction but no it is not classed as Mental Health under the Lending Code. I have tried to look for examples of what would constitute mental health issues, and I would say things like Alzheimer's Disease, Parkinson's Disease are examples of this.
Did you ask the bank to stop your debit card since online betting can be as bad as offline betting?

[PlanB]

Re: Duty of Care to Gamblers

[QUOTE=leclerc;327975] Gambling would not be covered by the Lending Code under Mental Health issues I'm afraid. I do not believe that Gambling would be classed in the category of Mental Health. Yes, it is an addiction but no it is not classed as Mental Health under the Lending Code. QUOTE]


Perhaps the OP should clarify whether there may be other "vulnerable" issues which the bank should consider as gambling is seldom an isolated problem

[leclerc]

Re: Duty of Care to Gamblers

[QUOTE=PlanB;327977]

Gambling would not be covered by the Lending Code under Mental Health issues I'm afraid. I do not believe that Gambling would be classed in the category of Mental Health. Yes, it is an addiction but no it is not classed as Mental Health under the Lending Code. QUOTE]

Perhaps the OP should clarify whether there may be other "vulnerable" issues which the bank should consider as gambling is seldom an isolated problem

With Gambling their is usually other debts but as the OP has asked the simple question, so to speak, of whether the bank has a duty of care to someone with a Gambling Addiction then the answer is NO.

However, if the question was whether the bank has a duty of care to a customer who is in financial difficulties(section 9, Lending Code which is where the issue of Mental health and debts comes from) then the answer is YES.

PlanB the OP ask the former question rather than the latter one