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Mr Smith Casino confiscates winnings against their own t&c


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By adamsz
10 years ago
Message on forum
My winnings of 132 pounds have been removed from account by casino when I asked for withdrawal.
When I asked why is that I was referred to their general term:

"Bonuses are to be enjoyed as an extension of a guest's playing experience, and should be enjoyed as such. Mr Smith Casino reserves the right to review any guest account after two months of play to ensure game play is within these generally accepted guidelines. Those found to be abusing bonuses will be welcome to continue playing, but will not be eligible for further bonuses."

First of all I checked the terms before playing and didn't break any specific terms. I didn't bet more than 10%, I didn't play any excluded game or game that counts 0%. Secondly, the term I was given by the casino only mentiones that I will not be entitled to any future bonuses, which is fine, not that my winnings will get voided at casinos whim!

I think a reputable casino like MrSmith should follow their own t&c :( If they don't like my gamestyle they can change their t&c to reflect that, rather than void winnings already won fairly and in line with their own t&c.

On a side note, during earlier promotion I have made deposits for a total of 200 pounds and eventually withdrew 150. So I made a loss and casino for some reason was very happy with my gamestyle back then. Obviously I never got refunded for my previous loses and now when I actually won something my winnings got voided.

I hope given the circumstances, someone senior from Mr Smith Casino will be able to take a look and reinstate my balance. I know 132 might not be a lot for some, but to me it's actually a significant amount.
Disputed Casino MrSmith Casino
Reason Bonus abuse
Amount £132

Discussion

User name
Although Mr Smith Casino management did provide our complaints team with an explanation of this issue, we do not consider their decision and actions as justified enough in this particular situation. Unfortunately, we cannot comment in details, however we believe Mr Smith General Bonus Terms need further clarification in order to avoid such situations in future. We also recommend player to seek further assistance on this matter from the casino's licensing authority.

This complaint is now officially closed.
User name
Dear,

Here is a part of the T&C's we are refering to:
3.1.2. You will use this Website and your Member Account solely and exclusively for the purpose of Your genuine participating in the Games and not for any financial or other operations. Your participation in the Games will be strictly in Your personal non-professional capacity for recreational and entertainment reasons only;
11.1. If You breach any provision of these T&C or Mr Smith Casino has a reasonable ground to suspect that You have breached them, Mr Smith Casino reserves the right not to open, suspend, close Your Member Account, withhold any money in your account (including the deposit) and apply such funds on account of any damages due by You.
11.2. If Mr Smith Casino suspects that You are engaged in illegal or fraudulent activities when using the Website; or in breach of this Agreement; or that You are having problems with creditors or otherwise detrimental to our business, we may freeze or terminate Your account or cancel any stakes at our absolute discretion.

I hope this has clarified things out.

We are not going to share any detailed information here on Askgamblers. If you want you can and maybe should take this case to IBAS, they can judge independently on matters as these and are the proper body to do such thing.
We are very confident that IBAS will rule in our favor and IBAS is the only instance we will share all relevant and exact data with.

With kind regards,
User name loyalty-level-2
I though this is what you mean by "bonuses we judge may have been obtained by misuse of the system." I'm sorry if I misunderstood you.

But that is irrelevant now as you have said yourself, you will not change your stance which is very unfortunate. Despite all the information I have provided this complaint will have to be marked as unresolved and hopefully will serve as a warning to those who are interesed in playing in Mr Smith Casino.

1, MrSmith is enforcing general "spirit of bonus" confisactions, even if players don't break any point specific terms they can always have their winnings taken based on arbirtrary decision that their play is "unwanted" or "abusive"

2.MrSmith will not apply their terms to your past deposits if you have lost them, but might enforce them upon winning.
User name
Dear Adamsz,

We are not saying your received the bonus falsely.

MrSmith Casino Complaint Stats

Resolved 6 / 17
Avg. Amount $3,383
Avg. Complaint Duration 6 days
Avg. Response Time 3 days

MrSmith Casino Complaints

See all complaints for this casino
Mr Smith Casino - Not providing a feasible withdrawal method

I have a fully verified account. Made a deposit yesterday using a credit card. Played a few games and won a few quid. Went to withdraw and was told I have to use an old PayPal account. I explained that I don't use that account anymore as it was hacked and not safe and as a result I wanted to withdraw back to either the credit card I deposited with or via bank transfer and I would complete any further verification checks required on those methods.

I was told this wasn't possible due to AML requirements and I had to use the PayPal account. I explained I work in financial services and that this definitely not an AML requirement. In fact to comply with AML they should verify and transfer the funds back to the credit card I deposited with in the first place and in addition it was perfectly acceptable under AML to use another account once it was verified which I had offered to do.

I went on to further explain that by insisting on myself using a PayPal account which has potential security issues they were breaching the payment services directive 2 and the consumer protection code

The withdrawal still has not been processed and still no answer as to how I can withdraw. Had a similar issue last year when I had a large win except on that occasion, given the amount of money they wouldn't transfer in full to the PayPal account , which hadnt been compromised at that time, but rather insisted it had to go to my bank account which I needed to supply them with and verify. I did and got the funds eventually.

I get they don't want to pay out if at all possible but at least they could be consistent in the excuses they use, I. e PayPal was a problem when I wanted to use that for the big win, prior to its compromise, now on this win, PayPal is not a problem but rather my preferred method of withdrawal this time, I. E the credit card I deposited with. Painful!

Status unsolved Unresolved
€2,800
Mr Smith Casino - Declining legitimate withdrawal without any further details and proofs
Dear/ Sir / Madam , Last Thursday the 30th of November I joined Mr Smith Casino. I decided to use there 100 percent welcome bonus with a deposit of 100 and managed to clear all the wagering attached to this bonus and withdrew 800. Earlier today I noticed that my account had 100 in it and the remaining balance had disappeared. I contacted there live chat and spoke to Adam who informed me that he would look into this and get back to me ( or get someone else from Mr Smith ) ASAP via Email. A few minutes later I received an email from Adam at Mr. Smith, stating that the winnings had been voided as I was in breach of there terms and conditions 12.1, this surprised me as I had just sighed up for Mr Smith the previous Thursday and had only that one account with them. As well as this I had only ever made one deposit of 100 where i had availed of the 100 percent offer. I emailed them back immediately asking for clarification but as of now have not receied any response. On further investigation of there own terms and conditions I have noticed that customers from the Republic of Ireland are not permitted to play on the casino ( see 5.1 ) but are permitted to deposit and make use of the welcome offer ( which is stated on the welcome bonus page ). This is a clear conflict as Customers from the Republic according to these terms and condtions can deposit and utilise the bonus but are not permitted to play on the casino. I feel that I joined this casino in good faith and manged to clear a bonus with good winning but they have not been fair to me. I would be grateful if you could investigate this matter further on my behalf. If you require any further information or supporting documentation I have same on file and will happily forward it to you, Thanking you for your assistance, Thomas Faulkner.
Status unsolved Unresolved
£800
Mr Smith Casino - Confiscated £1,800 win without any proof
I signed up and deposited £100 and received a £200 bonus, I played the game 'Retro Reels Extreme Heat' spinning at £4.50 per spin, which is below the £6 limit in the T & Cs. I withdrew two days ago and got an email today saying..... Hope you find this e-mail well. We would kindly like to let you know that our relevant department has noticed that you have breached our Terms & Conditions regarding the bonuses and due to that they have cancelled your pay out and withheld the winnings. We apologize for the inconvenience as we know that this information is not pleasant for you, but you have breached our rules and this is our relevant department decision for your act. Should you require any further assistance please do not hesitate to contact us. Have a lovely day and all the best! Best regards, Marianne Mr Smith Casino Customer Service. When I went onto live chat to ask exactly what the problem is they simply quoted terms and conditions at me, and refused to provide any more information, term 12 is below: 12.1 Any Bonus is only available once per person, family, household, address, e-mail address, credit card number, bank account, telephone number, computer/device and / or IP address. I simply have no idea what they are talking about and can't help think it's just a way to refuse to pay a player his winnings, I also can't help think that they would have gladly taken my £100 if I had lost. I hope you can help as this was a great win right before Christmas. Thanks Peter
Status unsolved Unresolved
£1,800