SuperLenny Casino - Unfairly declined withdrawal and closure of account

RESOLVED
LiamO12456 United Kingdom
posted on February 15, 2016.

I opened an account with superlenny today and desposited £90, all went well and I withdrew £500.36. Later that evening I tried to access my account only to find I couldn't.

I contacted live help who said that my account had being closed because I'd closed my Kaboo account (this was because I'd gone travelling and felt that the payouts on this site weren't what I was after) and that my deposits had being returned and my winnings confiscated. There was no explanation via email about this and I only found out because I'd tried to access my account. The representative on hand said this was final and that was that.

On studying the TandCs the following terms stick out for me...

4.1.6 - The Operators reserve the right to refuse or close Your member account. However all money in your account will be returned and all contractual obligations already made will be honoured.

As my account had being accepted, my deposits accepted and my withdrawal accepted,surely this means we had entreated into contract and the money in the account, £500.36 needed to be returned.

4.5.3 - The Operator reserves the right to close Your member account and to refund to you the account balance subject to applicable deductions...

As with term 4.1.6, this once again suggest that all monies should be returned from the account balance which in this case is £500.36.

6.1.8 states that once you have self excluded yourself from a brand, your accounts on the other brands owned by us will be closed for the self excluded period.

Whilst this suggests that had I have had a Kaboo account and a Superlenny account, closing one would have led to the closure of other, this does not stipulate that I would be unable to open another account if a previous one has been closed.

Furthermore, it does not mention that any winnings will be confiscated if an attempt was to be made to open an account with a sister casino and one account was already closed.

13.1 - if you breach any of these terms and conditions... The operators have the right to... Close your member account... Withhold payment of winnings...

The suggestion may be that I contravened term 6.1,8, however, I do not feel that this term was broken because if does not stipulate that I will be unable to open another account if one in a sister casino was closed.

I had also asked live help to clarify their position which I was simply told their decision was final. I asked for their Alternatie Dispute Resolution entity was but this was not communicated with me.

Finally, the above therefore leads me to suggest that I am still owed £408 once the deposits have successfully been returned and look forward to hearing your response.

posted on February 18, 2016.

Hi Liam
Could you please give me your username and I will look into the case.
Regards
Bruno

AskGamblers
posted on February 19, 2016.

AskGamblers Complaint Team send requested information to the casino representative directly.

posted on February 19, 2016.

Hi! All deposits have been sent back and winnings deducted from our end.

posted on February 23, 2016.

We don´t avoid to payout in these cases. It it just a procedure that takes time. The users at your forum normally shouts out loud in order to get their initial deposit back. It is all stated under our terms & conidtions.

Regards
Bruno

LiamO12456 United Kingdom
posted on February 23, 2016.

Thanks for your response Bruno.

May I take the opportunity to clarify the situation incase I was unable to get this across originally.

In December 1st 2015, I closed my Kaboo account by email, an email for which I still have a copy, which stated that it was to be closed as 'I felt I had more success elsewhere' - nowhere did I request for the account to be closed for responsible gaming reasons.

Your terms and conditions clearly state that I would be unable to open an account on a sister website if I'd closed my account for responsible gaming reasons... This I agree with and completely understand.

However, nowhere does it state I cannot open an account with a sister company if I'd close it with another of your companies. In fact, your terms and conditions even state that I may choose to close an account via email if I so choose to.

As per the instructions of your live chat team... A complaint has been filed to IBACs and will be presided over by an independent.

posted on February 25, 2016.

Hi Liam
Everything is stated under our terms and conditions as you clearly have seen. We done what we can from our part. We also refunded your initial deposit so this case should be marked as solved as far as I can see.

Regards

Bruno

AskGamblers
posted on February 29, 2016.

Dear SuperLenny Casino team,

Can you please explain upon what casino terms you declined player's winnings. Thank you for your cooperation.

posted on March 2, 2016.

You can see our terms and conditions I assume?

LiamO12456 United Kingdom
posted on March 2, 2016.

Yes we can see your terms and conditions, as you can see from the original message I posted I have outlined how I haven't contravened any of them. I believe what AskGamblers is asking for is that if you feel I have contravened one, tell us which one so we can see...

posted on March 3, 2016.

In accordance with Social Responsibility Code Provision 3.5.3 of the licensing conditions - when a customer Self Excludes from one account, they should not be allowed to continue to gamble on any other accounts held with the operator. Legally, our position is that we must refund her deposits but void her winnings.

LiamO12456 United Kingdom
posted on March 3, 2016.

Thank your response, I quite agree that under the social responsibility code provision 3.5.3 you would have every right to void my winnings and return my deposit.

However, can you explain how I self excluded myself? I never self excluded. I am still in receipt of the email I sent kaboo customer service on December 1st 2015 which clearly states please close my account because I feel I have more success elsewhere.

Gamcare define self exclusion as 'Self-exclusion is a process when you can ask a gambling operator to exclude you from gambling with them for a length of time – usually between six months and five years. In practice, it means you will be refused service in the venues where you have self-excluded.'

Given the fact I clearly stated the reason for my closure in the email I have and for which I am sure you have as it is your duty to retain them. I think you will agree that this doesn't fall under the provision 3.5.3.

In actual fact, under term 4.5 of your terms and conditions I am quite entitled to close my account... '4.5.1. You may close Your Member Account at any time and the Operator will return to You any and all funds from Your Member Account subject to the deduction of relevant withdrawal charges. To close your Member Account, simply send an email to support-en@ superlenny.com stating your account details and your intention to close the Member Account.

I look forward to your response

posted on March 6, 2016.

Hi
You asked our cs-team to close your account which they did.Tthe minimum period of SE required by regulation is 6 months. In other words we have acted accordingly.

Regards

Bruno

AskGamblers
posted on March 10, 2016.

Dear SuperLenny Casino Team,

Please send evidence regarding the player's self exclusion to the
[email protected]
Thank you.

LiamO12456 United Kingdom
posted on March 10, 2016.

I have a copy of an email I sent to [email protected] dated the 1st December clearly stating the reason for closure was because I had more success elsewhere, nowhere did I ask for a 'self exclusion' I simply asked for closure of account. I will attach this when I am able to reply via pc and not via my phone.

LiamO12456 United Kingdom
posted on March 11, 2016.

I have today received a response from superlenny it reads as follows...

Hello Liam,

I would like to thank you for raising an issue in the Ask Gamblers website and I would like to reply with the results of our findings.

As we at Betit Group are fully committed to responsible gambling, we resolve to be pro-active when dealing with closure of accounts throughout our brands, to protect vulnerable customers and act accordingly in line with UKGC guidelines.

Having reviewed your particular case, we concede that we have acted a little rashly in denying you the opportunity to play and indeed collect your winnings and apologise accordingly.

Our decision was reached due to the fact that you had not mentioned you required closure through gambling issues or problems.

With this in mind, we have re-opened your Superlenny account and placed the sum of £407.75 into it, available for withdrawal at your convenience. This represents your winnings minus the deposits we refunded back to your bank due to our original decision.

I trust that this resolves the matter in full and would also like to offer a 100% matching bonus (20x) on your next deposit should you wish to re-ignite your gaming experience with us. Just contact Customer Support once you have deposited and before you play should you wish to take up this offer.

Best regards,
James

Once the withdrawal is processed and reaches my account I am happy for this to be closed.

posted on March 14, 2016.

Hi James

Did you get your withdrawal?

Regards
Bruno

AskGamblers
posted on March 18, 2016.

Dear @LiamO12456,

Did you get your winnings, can we close this complaint? Please be advised that in case you fail to respond within the given time frame we will consider this case as resolved and closed.

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