Loterij loser onderneemt gerechtelijke stappen tegen Postcode Loterij

SITTARD – De 21-jarige Sittardenaar Kamal Maihouane, beter bekend als de ‘loterij loser’, neemt er geen genoegen mee dat de Nationale Postcodeloterij hem geen prijs uitkeert. Maihouane speelde al jaren mee met de postcode waarop afgelopen december de miljoenenprijzen vielen.

Prijs misgelopen door roodstand

Toch kreeg Maihouane geen prijs. Hij bleek namelijk zijn vier winnende loten niet betaald te hebben. De Nationale Postcodeloterij had geprobeerd het geld te incasseren van de bankrekening van Maihouane, maar daar stond geen of in elk geval niet genoeg geld op om het bedrag voor vier loten voor de Postcodeloterij te kunnen incasseren.

Maihouane baalde – begrijpelijkerwijs – enorm en probeerde vooral via de media zijn gelijk te halen. Zijn verhaal verscheen in lokale, Sittardse sufferdjes, in de Telegraaf en Maihouane verscheen zelfs in de uitzending van RTL Boulevard.

Tot nu toe zonder veel succes. De Nationale Postcode Loterij houdt voet bij stuk. Naast veel positieve reacties van mensen die het vervelend vinden voor Maihouane, zijn er ook de nodige negatieve reacties. Veel mensen vinden dat hij zelf verantwoordelijk is dat er genoeg geld op zijn rekening staan en vragen zich af waarom iemand die ‘rood’ staat bij de bank, toch met maar liefst vier loten meespeelt met de Nationale Postcodeloterij.

Rechtszaak tegen de Postcodeloterij

Enig succes leverde zijn media-optreden wel op. Advocaten verdrongen zich voor de deur van Maihouane. Voor advocaten zijn dit interessante zaken. Het levert aandacht in de media op – en dus publiciteit – en als er wordt gewonnen, kan er ’n royale no cure no pay-vergoeding geïncasseerd worden. Dat wil zeggen dat de advocaat alleen betaald krijgt als er wordt gewonnen en Maihouana alsnog zijn miljoenprijs krijgt.

De consequenties van eventuele winst van deze rechtszaak door Maihouane zijn groot. De totale Postcode-kanjer wordt namelijk verdeeld over alle prijswinnaars. Het is dus niet ‘even een paar miljoen extra overmaken’, maar de gehele prijzenpot herverdelen. Doordat de 4 loten van Maihouane meedelen in de winst, blijft er namelijk minder winst over voor de andere prijswinnaars.

Zo ver komt het volgens de Nationale Postcode Loterij niet. De loterij ziet het bezwaar van Maihouane en de bijbehorende rechtszaak met vertrouwen tegemoet “Wie niet betaalt voor zijn loten, doet niet mee. Wie niet meedoet, heeft geen recht op een prijs”, aldus de Nationale Postcode Loterij.

Niet de eerste keer dat iemand z’n prijs misloopt door een mislukte incasso

Resultaten uit het verleden bieden geen garantie voor de toekomst, maar in het geval van ’n rechtszaak biedt het wel jurisprudentie. In 2003 liep een collega-Limburger met roodstand uit Roermond op dezelfde manier een prijs mis bij de Sponsorloterij van de Lotto. Jarenlang procederen tot aan de Hoge Raad toe tegen de Rabobank die de incasso terugdraaide leverde deze man behalve gepeperde rekeningen met proces- en advocaatkosten, niets op.

De Hoge Raad concludeerde destijds dat voor elke betaalrekening duidelijke afspraken zijn gemaakt over het bedrag dat rood gestaan mag worden. Indien dit bedrag wordt overschreden, heeft de bank het recht om dit bedrag te storneren, een moeilijk woord voor de incasso weer terug te boeken.

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