Originally posted by leclerc
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Duty of Care to Gamblers
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Re: Duty of Care to Gamblers
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Re: Duty of Care to Gamblers
Originally posted by matth200 View PostSorry 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.
The case referred to was from Austria and cannot be used in a UK court for any claim.
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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?
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Re: Duty of Care to Gamblers
do you want to talk us through the figures matth?
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Re: Duty of Care to Gamblers
Originally posted by leclerc View Postwas the case above in the UK court?
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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.
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Re: Duty of Care to Gamblers
Originally posted by matth200 View PostSince 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?
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Re: Duty of Care to Gamblers
Originally posted by leclerc View PostNone, 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.....
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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.
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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.
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Re: Duty of Care to Gamblers
Maybe he/she's asking how to enforce it?
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Re: Duty of Care to Gamblers
Originally posted by matth200 View PostI 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.
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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/
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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?
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