Reclaim Visa/Online Casino
November 23, 2009 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
Unfortunately, I have been playing in online casinos for years. I was not aware of the illegality until now.
Question 1: Is there a chance for me to get back the money I have lost? Possibly through WebDoller (based in Sweden)?
About two weeks ago, I disputed the VisaCard transactions of the last 90 days with my bank citing § 134 BGB. The bank's response was as follows:
"According to our terms and conditions"Agreement for the issuance of the Visa Direct Card in connection with the current account" under point 5, Ing Diba is obliged to reimburse amounts that have been spent using the Visa Direct Card to the contracting partners. The current account customer is in turn obliged to reimburse these expenses to Ing Diba.
...
Please ensure, in your own interest, not to make the above transactions in the future."
What can I do? Is there any way???
Thank you for your response.
Dear Seeker,
First of all, thank you for your inquiry!
Taking into account your information, I would like to summarize and answer the questions you have asked as follows:
Taking legal action against the online poker provider is unlikely to be successful. Online poker is a bit of a gray area as there is no established case law at the highest court level in this area.
On the other hand, suing the online poker provider at its headquarters, likely located abroad, would be difficult. Additionally, it is often very challenging to determine a valid address for service.
Furthermore, since the company is not based in Germany or the EU, legal proceedings would be very cumbersome, costly, and time-consuming.
Taking action against the bank that you used for the credit card transaction unfortunately does not have sufficient prospects of success. Once the amount has been credited to another bank, as in your case, the original bank generally no longer has access to it.
I hope my explanations have been helpful to you. You are welcome to contact me through the follow-up option on this platform or via my email address.
I would like to emphasize the following: The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment and cannot replace a comprehensive review of the situation. Adding or omitting relevant information can lead to a completely different legal assessment.
I wish you a pleasant Monday afternoon and a good start to the week!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
