De Staatsloterij heeft tussen 2000 en 2008 spelers misleid. Er werden verschillende hoofdprijzen in het vooruitzicht gesteld, maar dit aantal bleek in de praktijk aanzienlijk lager. Hierdoor hangt de loterij sinds 2015 al een miljoenenclaim boven het hoofd.
De Staatsloterij dacht het probleem echter opgelost te hebben met een schikkingsvoorstel. Als het aan het bedrijf Litigation Investments ligt, is hier het laatste woord echter nog niet over gesproken. Zij willen met een speciaal beursfonds rechtszaken tegen de Staatsloterij financieren.
Schikkingsvoorstel
Om gedupeerden tegemoet te komen, ging de Staatsloterij akkoord met een schikkingsvoorstel. Dit voorstel werd
Ferdy Roet van Stichting Loterijverlies.
opgesteld door de Stichting Staatsloterijschadeclaim en Loterijverlies. Mensen die tussen 2000 en 2008 meegespeeld hadden met de loterij, konden zich hier aanmelden. De Stichting Loterijverlies van Ferdy Roet draaide echter uit op een grote flop.
Hiervoor ontvingen zij eenmalig een bedrag van 40 euro. Tevens organiseerde de Staatsloterij ‘De Bijzondere Trekking’. Mensen die in de betreffende periode benadeeld waren, konden voor deze trekking maximaal vier loten krijgen. Zij moesten dit echter wel aan kunnen tonen. Indien zij dit niet konden, ontvingen zij alsnog twee loten voor de trekking.
Inzet beursfonds
Veel mensen vonden dat zij er met dit schikkingsvoorstel wat karig van afkwamen. Maar een rechtszaak aanspannen tegen de Staatsloterij is natuurlijk onbegonnen werk. Als individu kost dit je immers meer geld dan het je uiteindelijk oplevert.
Veel mensen besloten, na het schikkingsvoorstel met de Staatsloterij, dan ook geen verdere stappen te ondernemen. Als het aan Litigation Investments ligt, komt er alsnog een grootschalige schadeclaim tegen de loterij. Om de betrokkenen financiële mogelijkheden te bieden, wil het bedrijf een beursfonds opstarten.
‘Oorlogskas’ creëren
Volgens berekeningen van Litigation Investmenst komen vier miljoen Nederlanders in aanmerking voor een schadevergoeding van de Staatsloterij. Het gros van deze groep kan het financieel niet opbrengen een rechtszaak te organiseren. Daarom wil de partij een beursfonds inzetten. Zo wil het bedrijf een kas creëren om de ‘oorlog’ met de Staatsloterij aan te gaan. Met deze ‘oorlogskas’ kunnen gedupeerden de rechtszaak tegen de loterij bekostigen.
Duizenden aanmeldingen
Dat Litigation Investments de strijd met de Staatloterij aangaat, is niet nieuw. In april vorig jaar kondigde het bedrijf namelijk al aan zich te mengen in de strijd. Van de vier miljoen gedupeerden hebben zich er reeds zo’n 14.000 aangemeld. Litigation Investments meldt tegenover de Volkskrant dat er hiervan 8000 bruikbaar zijn voor een gang naar de rechter.
Frederick Matthaei, oprichter van Litigation Investments, zegt tegenover de Volkskrant dat hij hoopt dat vele honderdduizenden gedupeerde deelnemers zich alsnog melden bij het bedrijf. Wanneer alle vier miljoen gedupeerden zich aanmelden en hun inleggeld terugkrijgen, kost dit de Staatsloterij zo’n vier miljard euro.
No cure no pay
Wil jij een rechtszaak beginnen tegen de Staatsloterij via het beursfonds van Litigation Investments? Dan kun jij je hiervoor gratis aanmelden.
Het bedrijf werkt op basis van ‘no cure no pay’. Mocht de rechtszaak je geen schadevergoeding opleveren, dan hoef je dus ook niet te betalen. “Alleen als de rechtszaak wordt gewonnen, krijgen wij 20 procent van de toegewezen schadevergoeding”, laat Matthaei weten in de Volkskrant.
Hiermee wijkt het business model van Litigation Investments al af van dat van de Stichting Loterijverlies. Gelukkig maar.
Proefproces
De actie tegen de Staatloterij is niet de eerste grootschalige claim van Ligitation Investments. In een eerder stadium claimde het bedrijf namelijk al miljoenen van de staat namens horecaverenigingen die zich gedupeerd voelden door het rookverbod.
Dit had echter niet het gewenste resultaat. Om nu wel succes te hebben, wordt er dit voorjaar een proefproces aangespannen in Den Haag. Hoogleraar aansprakelijkheidsrecht Eddy Bauw vertelt in de Volkskrant dat de kans groot is dat de rechter een schadevergoeding toewijst: “Er is een redelijke basis voor een claim. Het arrest van de Hoge Raad is stevig”.
Verkeerde beoordeling
Dat de kans van slagen reëel is, komt met name doordat de Staatsloterij de schade voor consumenten verkeerd heeft beoordeeld. De Volkskrant tekent op: “De Staatsloterij ziet over het hoofd dat de schade als gevolg van de misleidende mededelingen van Staatsloterij niet bestaat uit verlies van de kans op winst, maar uit de kosten van aankoop van een staatslot waarvan een aanzienlijk deel van de consumenten zou hebben afgezien, althans tegen dezelfde voorwaarden, wanneer de Staatsloterij juiste en volledige mededelingen had gedaan’.
Tagged with: Litigation Investments • Rechtszaak Staatsloterij • Staatsloterij
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