For what its worth I filed a Moneyclaim Online today against the two directors, thought it was worth a shot....
Any judge will throw it out without a second thought if its defended - but if the directors fail to respond you'll get judgement against them. If this happens you'll really annoy the directors, which would be nice. You may even find out their residential addresses instead of their service addresses and post them on the internet for everyone to hassle them.
Take advice if they defend it or appeal the judgement (if made) on the costs issue.
1.8 Nature of Your Account
1.8.1 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account in the name of the appropriate Canbet company and are not subject to special trust arrangements. As such, we do not provide particular protection for the monies deposited in Your Account in the event of our insolvency.
which got me onto reading some more of the terms...
4. Indemnity & Limitations of Liability
4.1 You indemnify and hold harmless the Sportsbook, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Sportsbook and any of its subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you at the Sportsbook. The nature of your participation shall include, but not be limited to, inter alia:
4.1.1 visiting, use or re-use of the Sportsbook Website;
4.1.2 use or re-use of any materials at, or obtained from, this Sportsbook website or any other source whatsoever;
4.1.3 entry , use or re-use of the Sportsbook Website server;
4.1.4 facilitating or making a deposit into your Account at the Sportsbook;
4.1.5 wagering at the Sportsbook;
4.1.6 acceptance and use of any win, prize at or from the Sportsbook; and
4.1.7 use or re-use of the Sportsbook website, by any means and through any medium.
4.2 In no circumstances whatsoever shall the Sportsbook, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Sportsbook and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).
I find it incredible that any business in the UK is allowed to operate with such terms! incredible.
There are absolutely no rules whatsoever as to what you can put in T+C. Bookies and other firms can make anything up, but as long as everything is under UK law (and it is not always that simple) then contract law and all that goes with it will apply.
Basically,many of the terms quoted above are completely contrary to UK law, are indefensible and mean absolutely nothing.
4.2 is particularly hilarious, or it would be if it wasn't a fact that it will put some innocent (but naive) people off from making a claim.
soton, do you think we should be putting in a claim now or will later do, once we see what's happeneing..i mean will it make a difference or lessen our chances if we wait to see the outcome before we claim..thx for any advice
Hi, I'm not an expert in this field, but have taken legal action against a bookie previously (different circs). However once the bookie actually goes under, you will have very little chance of getting anything back unless someone else buys them out, including their debts. Sadly, although this has happened before and everyone been paid, it is unusual. Either the book just disappears or someone buys them and pays back little if any of the debt.
At the moment, they are still solvent and appear to have some cash. They certainly have phone lines and computers, and the ultimate end of a claim is that you can have bailiffs go in and remove property etc to the value of your claim, but that point takes time and money to reach. You are looking at many weeks.
It is therefore a gamble from here on in.
If you wait and see, and they go under, then you are then hoping on a full buy out in order to get anything back.
If you start a claim now, and they survive the time it takes you to get all the way to your money back, which may be two large men walking into their reception and taking their computers, then you are back where you started again, less legal fees.
If you start a claim and they agree to settle (they don't appear to be doing this) then you can get your fees back from them as part of your settlement.
However if you start a claim, and start spending money on that (you need to look at the moneyclaim site to see how much it is going to cost you, but there will be further costs down the line for court etc). My court action was for around £5k and it cost me two lots of £200 and there would have been a court cost of a further £400 if the bookie hadn't caved at that point. You would need to spend more on getting the warrant, and then again on a bailiff to enforce it. All the way through, if Canbet go under, you have spent more money that you probably will not get back. In my case, I was lucky that the bookie was very solvent and I knew that there was no danger of them going under.
So you need to weigh up how much you have lost in both real money, and how much that actually means to you. How much difference would another £1k or so mean to you if you spent that chasing and lost that also.
It is quite simply a gamble now as to how long they will remain solvent, and what they intend to do. Sadly none of us know that, and the various bodies who should know don't seem to be helping the rest of us at all.
Sorry as I know this is not a clear yes / no answer but sadly we have no way of knowing what the plan is for Canbet. The fact that they are still stumbling on may be seen as good news, they could have given up and folded back in the New Year, but are still there in some form. However we just do not know how long this will go on, and what the end result will be.
I played with fire in Canbet and took every reload right up to the end, knowing the risk. I had an incredible run of luck to bust out in November and was really grateful for that. I'm stubborn as hell, and would have gone to court action on principle, but that is not a sound reason for advising it. I think you need to weigh up how much the money in Canbet actually means to you in the greater picture, that answer will be different for every individual person.
The part with the "new state of art sportbook" is new for me...
"Canbet will temporarily cease taking any further bets or deposits, effective from 31 December 2013, due to an ongoing system malfunction affecting client withdrawals and deposits. Please note that any unsettled bets will be honoured once the result is known.
The previous software fix has not rectified the current problem to the satisfaction of management and as a result this has lead to management taking this decision to temporarily cease trading until we can integrate a final technical solution, (which we are currently working on). The UK Gambling Commission has been notified of this decision.
Canbet apologise for the delayed payment issue and fully understand your frustration. Canbet has informed the UK Gambling Commission and we have assured them that ALL customer payments will continue to be paid as previously notified.
As part of our current software upgrade, the company are launching a new state of the art sportsbook and a mobile betting platform in the coming weeks.
Again Canbet apologises for the delay in payments and we will keep you posted with updates on our technical progress, which we are working around the clock to resolve. "