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Not a direct answer but as far as I understand it IBAS do not deal and are not capable of dealing with legal issues and palpable error coming under Gambling Act contract law would / should not be covered by IBAS. Palpable Error claims are only made after the contract is made (the bet). Legally a shop can refuse to sell something at the wrong price but once sold the contract has been made and they nor the customer can ask for more money or a refund. The terms and conditions the Gambling Commission allow bookmakers is so one sided and vague that it would also likely be thrown out under the Unfair Terms and Conditions Act. In general, the bookmaker is regarded as the professional in setting prices and training his staff. The law would give any benefit of doubt to the punter.
If you should have only won £10 for the actual bet made but were paid £100 by mistake then the bookmaker is allowed to recover the £90. |
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Thanks for the reply cornubia.
I am helping with a couple of cases involving palpable errors at the moment, and am keen to go down the Small Claims Court route with them. Would appreciate it if you could drop me an email at the address above as I think your opinions would be very useful. |
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Just thought I'd let everyone know that I've offered to help bigmart with this via email.
I'm not going to post everything on here until it's resolved though as I think this is a very interesting case, and one I'm very keen to pursue. I will share my initial reaction to it though, which is that Ladbrokes are at fault here if one of their employees has advised a customer to allow them to place a bet for him without making him aware that their actions may not be in his best interests. The comparison with PPI mis-selling is most certainly valid, imo. |
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Wear a neckbrace when you sit down to the table to negotiate a settlement
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hi paul
i read of a case on palpable error a while back which involved a rugby match.from what i remember the court ruled in favour of the customer on the basis that although the odds may have been wrong they were not so far wrong that the customer could have reasonably been expected to realise they were wrong.ie the bookmakers displayed 5/1 instead of 5/2.it wasnt a case of being given 100/1 about an even money shot.would be a great precedent if you could find the case.sorry i cant offer any more information. |