To Court with Retroactive Terms

Discussion in 'General Casino Affiliate Area' started by Webzcas, Oct 9, 2017.

  1.  
    Webzcas

    Webzcas Affiliate Guard Dog Member

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    Engineer

    Engineer Super Moderator

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    This is awesome. I hope you get what you are owed. :)
     
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    KasinoKing

    KasinoKing Player turned affiliate.

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    I hope you succeed too - though I still think you're selling yourself very seriously short only asking for £5K - what about the potential future earnings they have stolen from you?
    Why doesn't that come into the equation?

    KK
     
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    AussieDave

    AussieDave 17 years & still going!

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    I'm not Dave's mouth piece, but I believe the UK legal avenue being used (small claims court?) only allows up to certain amount.

    Out here we have a similar process. Which, is exceptional good, because you have to represent yourself. No one is permitted to have legal council representation. Hence, if you have a strong case against a company, you usual wipe the floor with them :D

    Footnote:
    @KasinoKing - weren't you also affected by AE? Your in the UK still, yes... You could take the same action ;)
     
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    CL-Ed

    CL-Ed Affiliate Guard Dog Member

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    Best of luck Dave.
     
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    KasinoKing

    KasinoKing Player turned affiliate.

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    Fortunately not.

    Although I always held the original staff at Club World in very high regard - their casinos were frankly pretty piss-poor compared to the other RTG's I was promoting at the time, in that their bonuses had VERY high WR and were Phantom.
    Therefore I always found it very hard to convert enough decent players and generate a good income.

    On top of that, they also had NCO, which left me with several brands in the red at any given time, for up to 2 YEARS in a stretch :mad:

    In the last 6 months of 2016 I earned < $1,000 - so no big loss to me personally.
    I was more concerned about what happened to the staff & the players :(

    KK
     
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    James Horpes

    James Horpes Member

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    I hope you get it right. Some of these programs are nasty pieces of work.
     
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    Frank

    Frank Affiliate Guard Dog Member

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    Yup 5k is the limit for small claims, or at least it used to be... The question is should this be a success will this void them of all future cases? say if you wanted to claim for potential earning loss based on last years results? 5k is chump change to these guys and it's something they owe him anyhow.. I don't think this will phase them at all. Though it is good to see someone take action.
     
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    Biti

    Biti Active Member

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    The thing is also you have to make a claim concrete and prove it. It's very difficult to prove potential earnings loss, especially knowing that they shave. So it's good to have some point and some claim that you can concretely prove.

    Nice video, one comment. I'm sure it's not the first affiliate that takes a program to court. I'm aware of at least 2 cases where affiliates took programs to court. One of them won, other got a part of his claim.
     
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    AussieDave

    AussieDave 17 years & still going!

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    @Frank - Webzcas (Dave) contacted me via Skype (he's currently in London and unable to login into AGD)... Here's that message...

    "£5k is not limit for small claims. Also future earnings will be looked at if I am successful initially. As for chump change for these guys it won't be as if I win it will open the flood gates!"
     
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    Webzcas

    Webzcas Affiliate Guard Dog Member

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    The actual amount is just over £5000 as they will be liable for my costs in submitting the claim to the court should I get a judgement against them. They have responded to both iGB and also InfoPowa news for comment with a copy of the letter they sent me on the 25th Sept. The same letter I have rebutted in a previous video.

    They state, that Affiliate Edge is governed by Curacao and even sent me the T & C's for CWC Affiliates from 2006. When back then it was actually governed by Panama. The thing is and this appears to be their main defence, is that my claim is inadmissible in an English Court. Unfortunately for them, in their widely publicised High Court Case of 2016, the High Court Judge passing judgement a Mr Justice Morgan, stated that ITC Ltd who I am claiming against, was and is the sole beneficiary of the myriad of offshore companies Affiliate Edge is hiding behind.

    Their second defence is that they believe clause 8.5 allows them to change the T & C's whenever and however they see fit, hence clause 4.7 and the player quota which is what I am filing against. Let's see how an English County Court sees how fair and just clause 8.5 is.

    Lastly, should this go to court, meaning they decide to defend my claim, they will have to come all the way down from Manchester to my local County Court in Bath. A 382 mile round trip :D

    As for claiming for future revenue accrued by my referred player base. Unfortunately I haven't a crystal ball, so cannot proceed on that one. As for phasing them. Well we are talking about Stuart Ferster and Warren Ferster who took their own flesh and blood in the form of their younger brother through the High Court over a two year period. I doubt very much it will phase them as they are scumbags after all.

    Honestly not aware of those two cases. Let's hope third time lucky as well. :)
     
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    Biti

    Biti Active Member

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    Yes, I am crossing here my fingers too for you! Hope you win this case.

    It would be great it more ways, not just about not paying, but also about retroactive terms and fighting empty postbox companies in the UK instead of in Panama, Costa Rica, Curacao or wherever they pretend to be located. No matter if 5k is money for them or not, if they lose this case, they perhaps have to fear more cases and they probably get in bigger troubles.
     

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