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Declined - We do not pursue refund of losses based on lack of license. If your government cannot enforce its restrictions there's no chance we can.
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Dear Sir/Madam,
Before dismissing this complaint out of hand, perhaps due to its origin from dragimius and ThePOGG assuming it pertains to "jurisdictions" and "lack of licenses," I kindly request engaging in a dialogue with me.
With the consent of the MGA and N1 Interactive Ltd (as also documented in the casinos' Terms and Conditions), I submitted a complaint to the MCCAA. Furthermore, N1 Interactive has confirmed in writing that they will abide by the decision of the MCCAA.
Following a thorough five-month investigation and consultations with all parties involved (including ThePOGG), the legal communication from the MCCAA, at the end of July, affirmed the legitimacy of my complaint and directed the casinos to reimburse my losses. The MCCAA identified breaches of "Directive 2 of 2018 Player Protection Directive," as well as "SUBSIDIARY LEGISLATION 583.08."
The details of my complaint and the path to its positive resolution are no longer pertinent. The favorable decision has been in place since the end of July.
My complaint primarily revolved around violations of the Terms and Conditions.
In accordance with the relevant directives of the MGA ("Directive 2 of 2018 Player Protection Directive" as well as "SUBSIDIARY LEGISLATION 583.08, Article 11"), the most favorable and advantageous interpretation/application for the player is always to be upheld. Without a doubt, the Legal Department of the MCCAA made this interpretation in my complaint after thorough research and consultations at the end of July, and it must be followed in accordance with the MGA guidelines and statements from the N1 Interactive casinos. ThePOGG has, among other things, the authority to ascertain violations of SUBSIDIARY LEGISLATION 583.08, which is the case here.
I earnestly implore you to refrain from assuming that my complaints are unfounded or vexatious. In all my complaints, I rely on applicable law.
I kindly request ThePOGG to step forward as a mediator in this matter, particularly concerning the implementation of "Directive 2 of 2018 Player Protection Directive" as well as "SUBSIDIARY LEGISLATION 583.08." Additionally, it concerns the mandatory adherence by the N1 Interactive casinos to the Terms and Conditions regarding complaint resolution.
Please do not reject the complaint again, but rather remind the casinos that, according to their Terms and Conditions, I had the right to submit a complaint to any independent body, including the MCCAA. Furthermore, the MGA and the casinos allowed me to submit a complaint to the MCCAA. Additionally, I was informed by the casinos that they would accept the decision, which they did not. Furthermore, according to the ADR Player Protection Policy, the interpretation and application most advantageous to the player takes precedence.
Yours faithfully
dragimius
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dragimius consented for ThePOGG to act on their behalf and share the personal information that they provide to ThePOGG with the following agencies for the purposes of resolving their complaint:
September 10, 2023
Hi dragimius,
This is another duplicate complaint about the same issue you have already received a response to. This is the final response you will receive on this matter to any claim relating to the enforcement of Swiss law. We have directed you to the appropriate actions should you wish to take them.
Any ruling provided by the MCCAA would be the responsibility of the MCCAA, or the appropriate Maltese courts, to enforce.
No further posts will be approved, on any complaint file, relating to this matter.
ThePOGG