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Duty of Care to Gamblers

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  • matth200
    replied
    Re: Duty of Care to Gamblers

    Originally posted by leclerc View Post
    Do you have evidence the bank failed in any duty of care? Ultimately, that is the only issue now because I still do not agree that there is a case at the moment based solely on what has been said on the thread so far.

    The case referred to was from Austria and cannot be used in a UK court for any claim.
    I don't know what duty it owes to a customer or a borrower in these circumstances. I only know what standards they set themselves and that they considered that there were at fault if they did not meet these standards.

    Leave a comment:


  • MissFM
    replied
    Re: Duty of Care to Gamblers
    "So alcoholics have an illness? to drink you need to spend money so if you are skint your not ill? "




    If you're skint and an alcoholic you drink wood alcohol and go blind

    Leave a comment:


  • leclerc
    replied
    Re: Duty of Care to Gamblers

    Originally posted by matth200 View Post
    Sorry it is the same for personal accounts - they can restrict, they just don't do it from the start like they do with business accounts.
    Do you have evidence the bank failed in any duty of care? Ultimately, that is the only issue now because I still do not agree that there is a case at the moment based solely on what has been said on the thread so far.

    The case referred to was from Austria and cannot be used in a UK court for any claim.

    Leave a comment:


  • wales01man
    replied
    Re: Duty of Care to Gamblers

    So alcoholics have an illness? to drink you need to spend money so if you are skint your not ill?

    Leave a comment:


  • MissFM
    replied
    Re: Duty of Care to Gamblers

    do you want to talk us through the figures matth?

    Leave a comment:


  • matth200
    replied
    Re: Duty of Care to Gamblers

    Originally posted by leclerc View Post
    was the case above in the UK court?
    http://www.telegraph.co.uk/news/worl...st-casino.html

    Leave a comment:


  • matth200
    replied
    Re: Duty of Care to Gamblers

    Sorry it is the same for personal accounts - they can restrict, they just don't do it from the start like they do with business accounts.

    Leave a comment:


  • leclerc
    replied
    Re: Duty of Care to Gamblers

    Originally posted by matth200 View Post
    Since I know they did not stick to their policy I know they have done wrong but I do not know how this would be viewed and whether a court or FOS would agree that they should have restricted gambling transactions. If they did agree would they ask them to pay compensation?

    I do not think it is as far fetched to expect the bank to pay compensation. You may recall a case in 2004 when a man took a casino to court and won £330,000 compensation because he sometime turned up drunk to the casino and he argued the casino should have known he was a gambling addict.

    was the case above in the UK court?

    Leave a comment:


  • Eloise01
    replied
    Re: Duty of Care to Gamblers

    Originally posted by leclerc View Post
    None, and I am not sure I like the use of the word "mental competence" in Eloise's post. There are things such as power of attorney over accounts where the person is "non compos mentis" ie alzheimers/Parkinsons disease.....
    Sorry - not my interpretation but the laws. Doesn't matter whether it's in English or Latin - they mean the same thing. You are either memtally competent to have control of your own legal decisions, or you are not.

    Leave a comment:


  • leclerc
    replied
    Re: Duty of Care to Gamblers

    Evidence is the simple manner and written correspondence copies and bank responses.

    SAR the bank for the information that they have received the said correspondence and their response.

    With regards to restrictions on the account, I stand by what I have said in regards to debit cards. The example given by Matt is for Business accounts and that is not the same as a personal account.

    Leave a comment:


  • matth200
    replied
    Re: Duty of Care to Gamblers

    Since I know they did not stick to their policy I know they have done wrong but I do not know how this would be viewed and whether a court or FOS would agree that they should have restricted gambling transactions. If they did agree would they ask them to pay compensation?

    I do not think it is as far fetched to expect the bank to pay compensation. You may recall a case in 2004 when a man took a casino to court and won £330,000 compensation because he sometime turned up drunk to the casino and he argued the casino should have known he was a gambling addict.

    Leave a comment:


  • MissFM
    replied
    Re: Duty of Care to Gamblers

    Maybe he/she's asking how to enforce it?

    Leave a comment:


  • leclerc
    replied
    Re: Duty of Care to Gamblers

    Originally posted by matth200 View Post
    I appreciate that you may not necessarily agree that the bank would ordinarily have a duty of care, however I would simply say that the bank concerned had an Executive Policy to "place restrictions on the account" when they become aware of a gambling problem from either the account holder or a family member. In fact the bank went further to state that they believe they would be at fault if they did not restrict borrowing or place restrictions on the account.
    So what are we discussing then? If you have that then what are you doing here if they have breached that policy and you have it in writing?

    Leave a comment:


  • jon1965
    replied
    Re: Duty of Care to Gamblers

    Hi
    First off to Inca
    Gambling is an addiction just as much as alcoholism or drug addiction and is an illness. There is something within the make up of addicts that causes this. That is a recognised fact.
    Now as some of you know, my life has been pretty much ruined by an addiction to fruit machines, I have lost my job, nearly gone to prison and arguably been on the edge of a breakdown due to it all. I am not proud of it however I need to admit it.
    There was someone on here recently who was an addict and had gone overdrawn by a lot but thought it wasn't an addiction.


    As for the bank, I am afraid that they can not be expected to police an addicts gambling, however if they have let the O/D go unauthorised you may have a claim against them just as, if you had asked them not to increase the O/D limit and they did without any request.

    I am not sure what help can be offered but rest assured that most people will not judge you, I can say without any doubt that PlanB Flaming Parrot Labman and more will be supportive/

    Leave a comment:


  • wales01man
    replied
    Re: Duty of Care to Gamblers

    After the first couple of times when the bank allowed the overdraft surely the person realised what was happening?
    All seems strange are they now in a position not to repay the money wheras before they were?

    Leave a comment:

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