Expert: Timmy Chou - 8/16/2010

Question
netteller

i dont know if you have heard of them or not but they are

a online banking for mostly poker sites.

my account was closed due to it being hacked.

netteller did call me a few times some 6 months ago

and said they were investigating but now ive have tried to

contact them perhaps 20 times.

even in their call back that promises a call within 3 hours.

nothing

they wont get back to me.

it seems to be a real mickey mouse outfit

the last email i threatened to take this much further

and i will.


they have my money as even with the hack stolen money

there is sill money there that they have.

i dont see how they are able not to give it to me.

trouble is too it is an international issue as neteller

i think is registerd in the uk while their support staff

is in canada while i am in switzerland.

just what could i do next?

thanking you in advance

Answer
Thank you for your question!

Sorry for the delay, the system just notified me today of your question.

If you have looked at some of my previous answers you may know that I always advise questioners that mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not an attorney and cannot give you legal advice but can respond from my mediation, management and consulting experience.  Note that this issue may certainly have legal ramifications and you may wish to consult an attorney.

I can only speak to international online disputes from a US perspective from my experience.  You may have more legal leverage between EU countries.

Typically, there little reason for international entities to deal with you since, unless you have tons of additional money to travel to the country, hire a lawyer and then try to pursue a case, you are no threat to them at all.  

I think your only chance is to research any licensing agencies in their country or any regulatory agencies who have jurisdiction over their operations and try to get them to intervene on your behalf.  If you discover any such entities you should be sending written demand letters to the company and copying these entities.  You must show that you have made demand and that you have been ignored.  Phone calls are not enough.   

These are some ideas.  Feel free to follow up with additional questions.

For your general information, the pros and cons of the types of dispute resolution methods in the USA follows.

GOOD LUCK!


Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

  Confidential, no public record
  Limited exchange of documentation, information
  Quick, don't have to wait for a court date
  Arbitrators have expertise in the subject matter and are trained in conflict resolution
  Cheaper than litigation
  Preserves business relationships

Negatives of Arbitration

  It's often a compromise, no 100% winner
  Complex arbitration can be costly
  If not satisfied, may litigate the arbitration procedure
  Poor results with an unskilled arbitrator
  Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

  Neutral mediator can objectively suggest alternatives not considered before
  Parties are directly engaged in negotiating the settlement
  Can be quicker than litigation
  Less costly than litigation
  Preserves business relationships
  85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

  may not reach a binding decision
  unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

  a clear winner and loser
  uses a prescribed set of procedures
  more predictable outcomes
  is final

Negatives of Litigation:

  waiting for court dates can do more harm
  usually more expensive than mediation and arbitration
  part of the public record