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Play Frank – Self excluded dispute

Ruling

Found for the Casino - EveryMatrix have demonstrated that their self-exclusion procedures have been reviewed by the UKGC.

Read our PlayFrank Casino Review.

Player's Complaint

I have a complaint against there licence holders everymatrix.

I am Self Excluded on a sister site that they hold the licence on. Made a genuine mistake playing at Playfrank.

Have written proof I am Self Excluded from there sister site Viks casino.

I informed Playfrank - direct to EveryMatrix, they state not self excluded.

I forwarded proof of self exclusion, had no reply from them.

Have ask 5 times for complaint procedure. - no response.

I have all communication documented and a print out of my self exclusion dated 01/02/2018. Even the operator putting there name to ithe.

Going from terms and conditions, I did what is within there terms and conditions. Cancellations prove this also.

I do have a brain disease, so please be as clear as possible with me. Thank you

Read the casino review

24 Responses

ThePOGG
May 14, 2018

Hi Dizzy999 - welcome to ThePOGG.com!

Unfortunately we had a system error over the weekend and some of the information you submitted with your complaint has been lost. I need you to provide the following:

1. Your full name
2. The email address you registered at the casino
3. The username you registered at the casino.
4. Your country of residence

Once we have this information we will look into your issue for you.

Thanks,

ThePOGG

Dizzy999
May 14, 2018

Lisa Turner
Dizzybird21@aol.com
Username, genuinely cant remember, possibly email address Dizzybird21@aol.com or Docswife.
I'm UK resident and live in the uk.

Dizzy999
May 14, 2018

Have emailed my documents, just incase they got lost over the weekend.

Have more if required.

Dizzy999
May 15, 2018

Can you confirm you have received my emails please?

I have forwarded most correspondence, just want to ensure you have them.

Thank you dizzy999

ThePOGG
May 16, 2018

Hi Dizzy999,

At the present time we don't require further evidence for you. We're very familiar with both EveryMatrix policies, PlayFrank policies and how these should align with UKGC requirement. When we need further documentation I will request it.

For future reference please only contact the complaints address about your complaints. Any complaint related email sent to another address is immediately deleted in line with our Privacy Policy.

I'll revert to you once I've spoken to the operator.

Thanks,

ThePOGG

Dizzy999
May 16, 2018

Okay, thank you for the reply.

ThePOGG
May 23, 2018

Hi Dizzy999,

You are welcome to follow through with their internal complaints procedure and we will continue to pursue them regardless.

Thanks,

ThePOGG

Dizzy999
May 23, 2018

Thank you pogg for the reply.

I do have written evidence / proof from the casino, that the system failed to pick up on my exclusion.
When you need it, i can send this to you.

ThePOGG
May 25, 2018

Hi Dizzy999,

Our procedure would be to initiate a dialogue with the operator in the first instance and in the circumstance where the accounts of the parties are divergent then start requesting supporting evidence.

We will come back to you once we get to the appropriate point.

Thanks,

ThePOGG

Dizzy999
May 25, 2018

Much appreciated Pogg. Thank you

Dizzy999
Jun 04, 2018

Hi Pogg.
Its 10 days since I sent my complaint to Everymatrix.It states i should get a response with in 10 days going from there complaint procedure,this has not happened.I have sent them all my proof and more. Have you had any joy your end yet? Do I go for more formal approach nowould or wait. Thank you dizzy999

ThePOGG
Jun 06, 2018

Hi Dizzy999,

As this complaint has straddled the implementation of the new GDPR legislation the rules related to data sharing have changed. As such we need you to provide a permission letter to Spinson to allow their team to discuss this issue fully. I am emailing you the letter you need to fill in and return.

With regard to Spinson's ADR - I'm afraid the information they've given you is not correct. Your use of an ADR does not prevent you discussing your complaint with other parties. Restricting you from discussing your complaint with 3rd parties would preclude your ability to take legal advice, which in turn would contravene your consumer rights.

Thanks,

ThePOGG

ThePOGG
Jun 11, 2018

Hi Dizzy999,

I'm sorry to hear that eCOGRA have declined to review your case. Unfortunately the UKGC previously required their ADRs to decline Responsible Gambling as these were licensing issues. In more recent times my understanding is that the UKGC would like their ADRs to review Responsible Gambling issues but is not insisting on this point, meaning some ADRs are reviewing these issues and other are not.

While I would recommend you submit your concerns to the UKGC directly, you should be aware that the UKGC do not intervene in individual issues. As such unless there are a large number of complaints against a specific licensee that demonstrates a pattern that the UKGC find concerning they are unlikely to take any direct action on your behalf.

We are still pursuing this issue and I'll revert to you once we have relevant information to pass on.

Thanks,

ThePOGG

Dizzy999
Jul 04, 2018

Hi Pogg.Is there any update? FYI I also have an email from caribic casino that states I was self excluded in Jan 2018 - If this helps EM. Email: [EDIT] I'm told is under the account.
Thank you dizzy999

ThePOGG
Jul 06, 2018

Hi Dizzy999,

We are currently conversing with this UKGC regarding aspects relevant to this and other complaints. That is taking some time to conclude and until it does so I can't offer further comment on your case.

As soon as we finish that discussion I'll will revert to you.

Thanks,

ThePOGG

Dizzy999
Jul 06, 2018

I've had a response from the UKGC- have sent it to yrself & EM. It makes very interesting reading. I am Self excluded & the UKGC have stated I forward there finding to EM. Also they want me to inform them of what EM do regarding my case and the outcome of their actions They are quote "concerned" by my case and they are happy to speak to EM regarding this.

Dizzy999
Jul 22, 2018

Hi Pogg. Received an abrupt/ rude email from EM. Refusing to answer the UKGC questions that they ask me to forward to them. Even though I have written confirmation that the system auto detected a selfexclusion in place,that only EM can do on the account,&the ukgc confirming it,they still are not investigating my SE correctly.

ThePOGG
Jul 23, 2018

Hi Dizzy999,

I'm afraid to say that the UKGC cannot confirm any position on a situation without having both spoken with both parties. They can offer guidance or opinion on what their position may be based on the information you've provided but without them having spoken to the operator they are working with an incomplete information.

We currently have an ongoing dialogue with both the UKGC and EveryMatrix regarding this and other similar issues. This involves lawyers and as such we fully expect it to be a slow process. I will revert to you once we reach the end of that discussion.

Thanks,

ThePOGG

Dizzy999
Aug 08, 2018

Hi Pogg. I've spoken to the UKGC and they have contacted EM & have asked them directly regarding other matters & my self exclusion. When I hear from them, I will let you know.

ThePOGG
Aug 20, 2018

Hi Dizzy999,

There's still an ongoing conversation that needs to be concluded but I wanted to follow-up with you regarding some details.~

Firstly, which Everymatrix licensed operators have you self-excluded with? Secondly, can you provide the communications confirming your exclusions to complaints@thepogg.com? Thirdly, did you change any of the registration information when setting up the new accounts? If so, what?

Thanks,

ThePOGG

Dizzy999
Aug 20, 2018

Hi Pogg. I have sent what you have requested.-Would you like the UKGC reply also? EM still have not answered why my SE can be seen by the casino,& i have written confirmation of this,but they can't.If you need more info please let me know. Thank you.

Dizzy999
Sep 03, 2018

Hi Pogg. Can you confirm you received my email with the documents you requested.
Thank you dizzy999

Dizzy999
Oct 01, 2018

Hello Pogg. Do you have any update? I don't know if you received my written proof of SE from Viks casino that I sent yourselves. Ive still not had any communication from Everymatrix Thank you dizzy999

ThePOGG
Nov 19, 2018

Hi Dizzy999,

We have now concluded our discussions with all parties involved in this issue.

When you requested your self-exclusion you were sent an email asking you to contact an EveryMatrix email address to implement the requested self-exclusion. EveryMatrix have managed to provide sufficient evidence to demonstrate that this email was sent to your address.

Having read through your emails your main point of contention is that the terms and conditions stated that you could self-exclude via your account or by contacting Everymatrix. You contacted Viks support to request a self-exclusion and this was not actioned which you feel breaches these terms. Unfortunately that is not the case. The two possibilities for putting a self-exclusion in place are defined by the terms and are as follows:

i) to email Everymatrix and request the self-exclusion.

ii) to use the in account tool shown below to activate a self-exclusion manually:

In this manner both methods defined by the terms are available. Where you contacted Viks support to request a self-exclusion, as their agents do not have the authority to action this request themselves, they directed you to contact the Everymatrix email address.

That being the case the question here becomes about whether having sent an email explicitly requesting a self-exclusion on your account, there was any need for you to have to engage further steps to activate the requested self-exclusion.

This is the question we've been attempting to get clear answers to. What I can tell you is that the UKGC have expressed some potential concerns about requiring you to email a 3rd party after making a request but have not committed to a position. On the other side of this, we have been provided documentation by EveryMatrix showing that they have discussed this policy with the regulator and it has been deemed acceptable.

In short we have been unable to get an entirely clear answer regarding whether the UKGC feel this policy is compliant with the LCCP, but the strongest information we've managed to gather is that given by EveryMatrix and this does clearly appear to indicate that the regulator are aware of the system in place and view it as compliant.

Given that the license holder have demonstrated that their self-exclusion system has previously been discussed and approved by the regulator and your experience is consistent with what was discussed, we cannot uphold your claim. However I would suggest that you should consider taking your complaint direct to the Gambling Commission in case further review results in a change of position.

Sorry we could not be of further help.

ThePOGG

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