Procedure for submitting a complaint
Last updated – 29th of September 2019
The below complaint procedure can also be provided via email or as a printed hard copy that can be mailed to either parties physical address.
What is an ADR service?
An Alternative Dispute Resolution (ADR) service is an impartial 3rd party that seeks to provides consumers an affordable alternative to legal action where they have a complaint against a trader, whether within their own country or across boarders.
How much does submitting a complaint cost?
Use of our complaint service is 100% free of charge to complainants (and operators).
Will submitting a complaint stop me taking a claim through the courts?
Submission of a complaint to this service does not in any way preclude your right to seek legal redress through court proceedings.
How do I submitted a complaint?
You can submit a complaint using the form on this page, via email at [email protected] or via post at ThePOGG.com, PO BOX 2089, Livingston, EH54 0GF. Please note that complaints have to go through the form on this page unless we approve an alternative management method. Alternative management methods will result in delays beyond those that will occur via our standard management process.
For which operators can ThePOGG.com act as an ADR?
Officially we can only act as an ADR service for operators holding a Malta Gaming Authority license who have agreed to use our service to meet their license requirements. You can find a list of operators that we currently represent in this capacity here.
Outside of our official role as an ADR for MGA licensed operators who have opted to engage with our service, we are happy to mediate complaints against any operator. This is done outside of our official role. Please note: Unless an MGA licensed operator has specifically agreed to utilise our ADR service, any complaint we manage against them will be managed in an unofficial capacity.
Are the rulings provided by the ADR service legally binding?
For complaints managed under our ADR remit that are for the value of €5000 or less our rulings are considered legally binding.
For complaints managed under our ADR remit that are for the value of €5000.01 or more, rulings are only considered legally binding if the trader agrees in advance of discussion of the complaint to view the ruling as legally binding.
For complaints managed outside of our ADR remit, rulings are non-binding in nature.
Where can I find the rules of the complaints service?
Both parties will be required to provide explicit written acceptance of their agreement to ThePOGG.com’s role as mediator for the purposes of resolving the disputed issue.
Do I need a legal representative? Can someone else act on my behalf?
There is no requirement to obtain 3rd party or legal advice to use this service. However we can engage with a 3rd party representative if we receive permission from the relevant party to do so.
When will I receive a response to my complaint?
Once a complaint has been submitted, our Dispute Resolution Official (ADR Official) will review the submission and provide an initial response. It can take up to a week to provide this initial response.
The initial response will either request further information, feed back to you on the legitimacy of your claim or inform you of our intention to contact the operator.
How can I provide additional supporting documentation?
Currently supporting documentation can be accepted via email to [email protected] or can be submitted via post to the address detailed above. If the relevant file is to large to be communicated over email, you should inform ThePOGG.com’s Dispute Resolution Official who will make necessary arrangements to provide an alternative electronic file sharing service.
Depending on the nature of the dispute, there may be several requests made for different documents or information as evidence is reviewed. At any stage during this process both parties can be asked to comment and provide their opinion on any aspect of the complaint and evidence submitted by the other party.
How long will it take to resolve my complaint?
For complaints managed under our ADR remit Once the Dispute Resolution Official has received the complete complaint file (that being all information relevant and necessary to make a ruling) both parties will be informed and ruling will be provided within 90 days. In exceptional cases where the dispute is of a particularly complex nature it may take longer than 90 days to reach a ruling. In those situation both parties will be informed in advance and the expected length of delay will be communicated. These are the standards required by the EU ADR Directive.
Complainants should be aware that we consider the “complete complaint file” to mean “all information required to reach a full and informed conclusion on the case”.
Beyond the EU ADR Directive, it is our internal policy to always strive to resolve cases within 90 days of initial review and publication. While we endeavour to meet this target, it should be made clear that our primary objective in all cases is to return funds to players if/where that is the appropriate outcome. We will not arbitrarily close complaints that pass the 90 day target where we feel there is still reasonable opportunity for further action to result in the complainant receive appropriate redress.
For complaints not managed under our ADR remit, we strive to meet the same standards that we hold while managing complaints under the ADR remit. However users should be aware that complaints against operators that have no or very weak regulation are likely to take longer to resolve, if any resolution is possible.
Over the year of October 2017 to September 2018 the average length of time complaints submitted to this service took to conclude was 36.1 days.
The longest standing complaint managed during this period took 340 days to resolve.
The shortest standing complaint managed during this period was closed 3 days after approval.
I don’t want your help anymore. Can I withdraw my complaint?
At any stage during the review process either party may choose to withdraw from the mediation process. The consequences of withdrawal will be termination of discussion of the complaint. Where the player terminates the mediation process the complaint report will reflect this fact and show a status favourable to the operator. Where the operator chooses to withdraw from the complaint process, or declines to provide ThePOGG.com permission to review the complaint, the complaint report will reflect this fact and will usually reflect a status favourable to the player.
If the reason that you are looking to withdraw your complaint is that you have managed to resolve it without our intervention, please let us know and the complaint will be closed as Resolved.
What type of complaints will you accept?
We will accept complaints against any online gambling operator that are of a transactional nature.
Will reserve the right to decline complaints under the following circumstances:
- Where the complaint is frivolous or vexatious.
- Where the complaint has already been considered by another ADR service or a court.
- Where the contested funds are less than £/$/€10.
- Where the contested issue occurred more than 18 months ago. We may consider taking on cases older than this, but where we do this is at the discretion of our ADR Official.
- Where dealing with the complaint would impact the effectiveness of the operation of our ADR service.
Please note that where you are contesting losses based on an operator not holding a valid license this is not considered a transactional dispute.
We do not consider claims for compensation.
We do not manage complaints where you are contesting that payments made to an operator were taken without your permission. These rightly have to be managed by your payment provider and the relevant legal authority in your jurisdiction.
What languages do you accept complaints in?
Our service manages complaints in the English language. Where complaints are submitted in other languages we will endeavour to use translation tools and services to assist the complainant, but cannot guarantee that available translations will be of a standard that will allow reasonable management of the issue.
My complaint won’t submit?
If you are receiving an error message when submitting your complaint please clear your browser cache and try again.
Please be aware that when submitting a complaint you cannot use any of the following symbols for site security reasons; < > ‘ ” = * &. If you use these symbols we will only receive a partial complaint and this will slow down the complaint management process.