Drunk Wife opened Ladbrookes online betting account and used my Natwest Card to spend £13k!!

[Mart1980]

Although I am livid with the wife I could not prosecute her like the bank is suggesting families dont do that.

 

Also ladbrokes are now just ignoring every email I send and they said they can not find the account to link my bank card with so call the bank and police.

[unclebulgaria67]

Is it possible to get you wife to write a letter explaining what happened, which she signs/dates and providers her information e.g. Full name and address.

 

if this is then provided to Natwest and Ladbrokes with a covering letter, explaning that the debit card did not match the Labrokes account name, so was therefore against the terms of the Ladbrokes account.  Also complain about the 27 debit card transaction, only 1 text warning mesage and £13000 debited.

 

What about any regulation breaches ? Ladbrokes must be subject to rules preventing so much being gambled in a short time period. 

[Mart1980]

I don't know who that letter would go because everything is email these days.!

 

I am not sure on the laws and rules but I do know they broke there own rules.

They never id the person opening the account and they never even done a digital one because my wife is not on the electrol roll at my address and also uses her maiden name so how did they know this was the person opening the account.(it could of been my teenage son or daughter or any Tom dick or harry)

How did a debit card with a totally different name authorise payment on that account at all.?

Ladbrokes are not a small company and turn over billions so they must have the most up to date technology to protect themselves and others against anybody opening a online account and using a stolen card for instance.

[Mart1980]

I can not see the gambling commission were to make a complaint and get help on this case can anybody else.?

[EssCee]

Given that you do not want to see your wife prosecuted. My suggestion is that you gp and take legal advice from a regulated law firm to understand exactly where you stand and the consequences of any actions you take as, being as blunt as dearest Ethel, what you do will influence what they do

[unclebulgaria67]

So scan a copy of your wifes letter, so you can email it, as well as posting.

 

For someone who has lost £13000, you seem to be putting all of your efforts into arguing with Ladbrokes.  If that is the only avenue you will take this further, then you need to find out more on gambling regulation. I suspect not allowing third party payments is a regulatory requirement.  If you find out this for a fact, then you can use that information.

 

 

 

 

[Mart1980]

The only reason Bulgaria is because the bank has said I will need to agree to prosecute my wife or take the loss.

 

I know for a fact it clearly states that you can not use a payment method other than the name on the account holder.

I also know for a fact that they were supposed to ask for id checks before deposit or some say as it gets too £2000

I also know for a fact they are supposed to have checks in place for any unusual activity so I would say opening a account with no id and also letting a payment method not in the account holders name unusual buddy.

[unclebulgaria67]

So if the facts are on your side, go ahead and send Ladbrokes a letter before action, stating you will issue a Court claim.  Then follow through and issue the claim.

 

 

[BankFodder]

3 hours ago, EssCee said:

I'm fairly sure that would be the Theft Act 1968 Mart

More likely the fraud act 2006 nowadays I think

[Manxman in exile]

As I've already twice posted, as much as I sympathise with the OP, I don't see what the bank has done wrong here (according to the OP's account).  The OP allowed his wife to use his card and also allowed her to have custody of his mobile phone.  The bank texted the OP's phone checking or asking for verification of the transaction(s) and (I presume - the OP doesn't specifically say) the wife replied authorising them.  I should imagine that that is all part of the bank's correct authorisation/security procedures.

 

The bank has no reason to suspect that it's not the OP using the card (how could they?) and even if they were to accept that the wife had authorisation to use the OP's card*, how would the bank know that this authorisation did not extend to gambling transactions?  (*I suspect that's in breach of their T&Cs anyway.)

 

As others have suggested, I think it's quite reasonable of the bank to suspect either that this could be a case of fraud and/or the OP and his wife might be acting in collusion.  I can understand why the bank would approach this very carefully.  (By the way, I'm not suggesting that this is the case, I'm just saying I can understand what the bank may be suspecting.)  If I were another customer or shareholder of this bank, I'd want them to investigate fully before reimbursing anything.

 

Assuming that the wife replied at least once to the bank's text message, I'm not sure that the bank is obliged to query or request authorisation for each subsequent transaction.  (Apologies if I'm wrong.)

 

There's no blame attached to the OP for having so much money in a current account.  The problem lies in allowing his wife to use his card and have his phone.  And yes, my wife and I have on occasion used each other's debit cards - but that's whilst being mindful of restrictions on that use and that we are taking a risk that may not be reasonable.

 

I think the bank could legitimately take the view that the OP contributed to this loss himself.

 

The party at fault here is Ladbrokes.  If the OP can't get satisfaction from them, he needs to complain to the gambling commission.  Whether that would lead to an investigation into his wife's conduct, I don't know.

 

Again, as I've said twice, the OP needs paid for legal advice.

 

OP - sorry but I'm going to have to ask the question as you seem to have suggested you and your wife are no longer together.  Are you sure the money went to Ladbrokes?

 

EDIT:  I'm presuming that if the wife was charged with fraud, the prosecution would have to prove that she acted with dishonest intent to get a conviction.  I'm presuming she did not act dishonestly(?).

Edited January 16, 2020 by Manxman in exile

[Mart1980]

As you can imagine this has caused major strains so yes my wife and I are split up at the minute.I do not think for one minute she knew what she was doing if you had met my wife you would know why..hahahah

Regardless I am not about to prosecute my wife as the bank are suggesting should happen.

I assure you this is genuine and all the truth there is no co conspiracy going on.

 

Ladbrokes are just ignoring my emails now even though I have sent very threatening emails and stated all the t&c they broke and even there own staff admitting it should of been impossible to happen as there systems would automatically reject the payment method if it wasnt in the account holders name.

 

I have spoken to a solicitor who agree with me but they want £1000 just to start with and £489ph of work after that so this may eat up at the 13k by the end of it anyway.

[honeybee13]

That sounds quite expensive for lawyer's fees. Have you talked to more than one?

 

HB 

[Mart1980]

They seem to not a lot of gambling dispute lawyers around.

 

I had asked two one is too busy to take the case and the other is the price they have sent.

Maybe they think am a millionaire because that much was used out my bank hahahahah.

Am far from it especially now that's gone.

[EssCee]

13 hours ago, BankFodder said:

More likely the fraud act 2006 nowadays I think

 

Could fall within S4 of the Fraud Act 2006 BF, certainly fits in with the definition of Theft, guess we won't find out which the CPS prefers as the OP isn't going that route. £489 p/h solicitors rates seems to fall within the Theft Act too, that's an astounding rate.

 

It is odd that Ladbrokes cannot trace an account with the details you have given (presumably the details of your wife), are you positive she gave her details and not (and this would be a major complication) yours as presumably she would know them all?

[Manxman in exile]

I think you're going to find it an uphill battle with the bank.

 

I think the problem is Ladbrokes (and the Gambling Commission if you get nowhere with Ladbrokes).

 

What I simply do not know is whether Ladbrokes and/or the Gambling Commission may be under some statutory obligation to report a potential fraud in your circumstances, which obviously you want to avoid. (I appreciate that the industry is largely unregulated but it's been in the news a lot lately with bad publicity and who knows whether or when they may want to investigate further).

 

Apart from seeking legal advice, have you thought about contacting Gamblers Anonymous or any other gambling charities or help organisations?  I appreciate that they mostly deal with people with a gambling problem/addiction, but I would have thought they were likely to have more knowledge about these sorts of disputes with gambling companies than most posters here. 

 

Just a thought.

 

Good luck...

[Manxman in exile]

2 minutes ago, EssCee said:

 

Could fall within S4 of the Fraud Act 2006 BF, certainly fits in with the definition of Theft, guess we won't find out which the CPS prefers as the OP isn't going that route. £489 p/h solicitors rates seems to fall within the Theft Act too, that's an astounding rate.

 

It is odd that Ladbrokes cannot trace an account with the details you have given (presumably the details of your wife), are you positive she gave her details and not (and this would be a major complication) yours as presumably she would know them all?

 

As somebody suggested on page 1, the OP and his wife could make a SAR of Ladbrokes.

 

Of course, it may not be at all "odd"...

[BankFodder]

13 minutes ago, EssCee said:

 

Could fall within S4 of the Fraud Act 2006 BF, certainly fits in with the definition of Theft, guess we won't find out which the CPS prefers as the OP isn't going that route. £489 p/h solicitors rates seems to fall within the Theft Act too, that's an astounding rate.

 

 

 

 

I think originally there was a debate about a "willing victim" but now I think that the fraud act is preferred nowadays because the penalties are rather more severe – although I can scarcely imagine that the wife would do any time in the slammer on this. One wonders whether being drunk she is even capable of forming the requisite intent.

[Mart1980]

Sorry guys am very busy working today.

The first answer is yes it is definitely been opened with ladbrokes in her name not mine she has shown me a email.

 

I have already requested a sar and GDPR and they said that will be done within 28 days.

 

Also the crazy thing is my wife doesnt have a gambling problem I have checked all accounts now and that is the first time any transactions to online betting has been done on any account mine and hers.

She was drunk seen a advert and signed up when she was drunk and bored.I was in the pub watching the football with the lads which is a tradition every new years day she played online slot machines which allows £40 per spin and she was just auto adding money without realising the amount until the next day when she woke up with a massive hangover and checked my account.(she usually looks after both our finances while I do the work)

I never had no need to check my bank because I had no calls or any warning from my bank so it was near two weeks after before I spotted it and the rest is exactly how I have explained on here.

[Mart1980]

So here is my response from ladbrokes after waiting 3 days

[Mart1980]

And my reply any thoughts am I missing something here?

[unclebulgaria67]

Your wife caused the problem, so you should ask her to help solve the problem.  A trawl of her mobile phone or internet enabled device should help identify the Labroke account details and the information  submitted.

 

 

[Ethel Street]

At the moment Ladbrokes are likely to keep on refusing to give you information by saying that the account isn't yours so Data Protection law/GDPR prevents them telling you anything about it.

 

One thought, if your wife provided written authority to Ladbrokes instructing them to provide all information about her account to you that might enable you to move forwards? Not sure exactly how you'd word it, someone may a suggestion.

 

Or possibly simpler, she submits a SAR herself and provides a copy to you of everything Ladbrokes give her.

 

I appreciate that because of how all this has left relations between you this might not be possible.

Edited January 17, 2020 by Ethel Street

[dx100uk]

Time to p'haps stop wasting all this effort with script jockeys and write to the ceo of Ladbrokes by letter ?

[Mart1980]

Well I actually found the email address of the ceo wrote up a big email and went to send it and it's a invalid email.

I guess he must of got inundated with complaints 

[dx100uk]

ceoemail.com

 

I wouldn't send pages 

just brief bullet points.

 

gives the A/C number and login name/details used

give the details of the card used.