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Bookmaker reclaimed winnings

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sandbach99 | 18:40 Fri 30th Jul 2010 | Law
7 Answers
Yesterday on the internet Coral bookmakers were offering odds on dart matches Thes odds seemed to be incorrect but bets were placed, accepted and Coral paid the winnings Coral have now realised they made an error in offering these odds and have reclaimed the money They say it is their terms and conditions that they can reclaim money paid out due to their mistake If the bets had been placed in a shop they could not have reclaimed this money as they could not have traced the winner Apart from it being in their terms and conditions can Coral legally reclaim winnings after paying out Thanks for any help
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There's a general principle of contract law that says that a contract that is based on an obvious error is unenforceable. You do say 'the odds seemed to be incorrect' so were presumably aware of this.

But I'm not sure how that would apply in this case - probably that you can't force them to pay you.
I suspect the difference with the bookmaker's shop scenario it that the punter does owe them the money, but because the shop cannot trace the punter after the event, they just write it off. However that anomaly does not mean the same can be exploited on the on-line betting site.
From Corals rules,also applies to the internet.Note it works both ways.
2.19 A betting shop is, by its very nature, a fast moving environment. Odds move rapidly and bets are taken continuously, consequently mistakes can occur. We will do all that we can to avoid this but we cannot accept responsibility for any obvious errors or omissions in respect of the announcing, publishing or marking of prices, handicaps, place terms, runners or results despite our every effort to ensure total accuracy. If we do make an obvious error then the following rules will apply:

We reserve the right to correct any obvious error made on a bet placed in one of our “betting in running” markets and settle at the correct price or terms which were actually available with Coral (absent the obvious error) at the time the bet was struck;
When a bet is placed on a market offered before an event has started and more advantageous odds than those actually available with Coral are applied, we will either settle the bet at the correct price or terms available with Coral or, on condition that you can provide us with verification, at the best price or on the best terms available with any of the following companies at the time the bet was struck: - Bet 365, Betfred, Ladbrokes, Stan James, Totesport, William Hill.
Where the incorrect odds or terms are less advantageous than those available with Coral the odds or terms will be amended to the correct odds or terms available.
For example:

Where Coral’s actual price for Ronaldo to score the first goal is 6/1 but you are quoted 66/1 in error then you will be able to determine whether your bet should be settled at 6/1 or the best price available with the companies listed above even if this price is higher than the actual Coral price.

Where, however, you have been quoted 6/4 on the same bet the price will be amended upwards to 6/1.
I think the issue here is not what Coral can do about errors in the pricing. That's obvious and I would think any semi-regular gambler knows that the prices are not guaranteed in the event of obvious error. In fact Coral's error correction procedure as described by mightyWBA sounds very fair.

However, the issue here is presumably that they had actually paid out and settled the bets and THEN took the money back out of the customer's account afterward.That surprises me to be honest. I've never heard of a company doing that. If an error was that obvious it should have been clear before the bet was settled. I presume if they say it's in their terms and conditions that they can do that then they probably can (though I'm no lawyer) but as I say I'm genuinely surprised they can do that.
I would pursue this one if i were you. Company terms and conditions cannot alter statutory or case law. If I were to notice an iPod in a shop for £10 rather than £100 and tried to buy it for that, the shop is at liberty to refuse the sale and correct their error. If however they took my £10 for the iPod and I strolled off receipt in hand, the contract is concluded and they have no way of getting it back. Once a contract is concluded it is that, barring any illegalities like you being under 18. I would go to your CAB or if you feel confident enough, contact them yourselves stating that the contract was concluded when they accepted your money for the odds and subsequently paid out. Personally, I wouldn't be letting this one lie.
Well I don't know if it's still true or not but at one time you couldn't go to court over gambling disputes. They were binding in honour only.
I raised this matter with a bookmaker friend of mine who confirmed that Corals had no right to take back the money. Under contract law they offered certain odds, which you agreed to and they originally paid out on. Therefore they have no recourse to reclaim monies after they had been paid out.

I would advise you to take this further, with the Gambling Commission if necessary.

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