Won jackpot @ Bingo, organisers cut cheque but later cancelled it claiming "mistake".

[WRIGHTZER]

Hi All
Can anybody tell me where my mother would stand in relation to this issue.

My mother plays bingo and on a recent visit she checked for a jackpot which consisted of 52 numbers being called out to win.

The last number called was the number 3 to complete her jackpot win.So they wrote out a cheque for the value of the jackpot made out to my mother.

She went home happy with her win but at 11.30 pm she recieved a phonecall asking her not to cash the cheque as a mistake had been made on behalf of the bingo organisers. They seemly had called out 53 numbers instead of 52. That mistake was not made by my mother who recieved the cheque in good faith.

A few days later she was informed by telephone that the bingo organisers had recieved legal advise and that they had cancelled the cheque and she would not be recieving any of the jackpot.

My question is this. Where does she stand from a legal point of view?

Regards

 

[ajapale]

Hi W,

Ive expanded your question title somewhat.

aj
mod

 

[WRIGHTZER]

Thanks aj

 

[Time]

As this is a gambling matter you have no recourse to sue. All gambling contracts are void ab initio.
http://www.irishstatutebook.ie/1956/en/act/pub/0002/sec0036.html

Gaming and wagering contracts void.
36.—(1) Every contract by way of gaming or wagering is void.

(2) No action shall lie for the recovery of any money or thing which is alleged to be won or to have been paid upon a wager or which has been deposited to abide the event on which a wager is made.

(3) A promise, express or implied, to pay any person any money paid by him under or in respect of a contract to which this section applies or to pay any money by way of commission, fee, reward or otherwise in respect of the contract or of any services connected with the contract is void and no action shall lie for the recovery of any such money.

(4) This section does not apply to any agreement to subscribe or contribute to any plate, prize or sum of money to be awarded to the winner or winners of any game, sport or pastime not prohibited by this Act provided that the subscription or contribution is not a stake.

All you can do is object to their annual licence renewal.

 

[WRIGHTZER]

Hi Time
Does it not matter that the cheque was awarded in good faith and also that the mistake was not made by my mother.

 

[Padraigb]

OP's mother does not have to seek support from the law on gambling. She holds a cheque, and can sue on the basis of the cheque itself if it is dishonoured. In fact, she can turn the voidablity of gambling debts to her advantage, because the Bingo organisers cannot shelter behind the rules of the gambling event.

 

[Time]

True Padraigb. They would have no defence to the dishonoured cheque.

 

[fizzelina]

My own experience of a grandmother attending bingo is that it's a real little tight knit community, friends meet there every week, people know each other, lots of the same people every week etc. Your Mother could consider letting others who attend know about the cheque, would they boycott the next bingo session together in protest at the organisers. Sorry can't give legal advice but without happy members attending the organisers could be forced to back down.

 

[Time]

They have issued a cheque in good faith and then they cancelled it. They have no defence.

 

[Yorrick]

If you get €20 extra in your change because the staff made a mistake you are not entitled to keep it.
If a mistake was made in the bingo surely the same would apply. Was she entitled to money if the game had been played correctly ? No

 

[Time]

You need to read the Gaming and Lotteries Act.

A mistake is no defence for the bingo organisers. They issued a cheque, in good faith, they stopped it thus giving the OP a cause of action for a dishonoured cheque to which they have no legal defence in law.

As stated before gambling and matters arising out of gambling cannot be litigated in Irish courts.

If the boot was on the other foot and the player claimed to have won and they refused to pay, the player would have no right in law to sue them. What would the moral guardians say to that?