Another consumer supported by the free services of the Timeshare Task Force has been awarded a full refund, plus costs and interests totalling nearly £10,000
On 27th March at Workington County Court, ITRA were ordered to pay a consumer a total of £9765.90. This included a full refund of £7640.00, plus costs and interest.
The judge ruled that ITRA were guilty of misrepresentation in the sales process, deceiving the consumers by making false statements and promises and breach of contract for not carrying out promised work. She stated that “There was a complete failure by ITRA to comply with the Consumer Rights Act”
This is the third court case in succession that KwikChex, acting in its role of leading the Timeshare Task Force has provided free support to consumers making such claims against ITRA. Other cases where KwikChex has provided assistance have been settled by ITRA prior to the hearings.
Once again, the judge was highly critical of ITRA, stating that there was misrepresentation (or at the very least negligence) at the original sales meeting held at ITRA’s Spanish offices. The judge accepted the statement by the consumer that he had been told that the process would take 6 – 8 weeks (a common complaint by consumers regarding ITRA) and that they would quickly win back compensation that would pay for the ITRA fees. In fact, nothing of substance had been done for the 10 months prior to the consumer bringing the case to court.
The judge questioned why ITRA had not sent a single letter to assist the consumer with relinquishment and a supposed claim within an 8 month period and did not enter into any effective dialogue with the timeshare company during this time. As in other cases, after contacting KwikChex via the Timeshare Business Check website (timesharebusinesscheck.org), the consumer, in addition to receiving help with the claim against ITRA, was also able to relinquish their timeshare directly.
‘Stephen John’ – in reality Patrick O’Connor using an alias again involved and criticised
As in previous cases, a Patrick O’Connor gave evidence as a defence witness for ITRA – and as has happened previously, the judge found that he lacked credibility. O’Connor, with ITRA’s full knowledge uses the name ‘Stephen John’ when working on behalf of ITRA. He has previously stated that he does this because Stephen John is easier for people to remember – but when questioned in court this time, he told the court that he works for 14 different companies and uses different aliases for many. When questioned by the judge how many aliases he has, O’Connor replied he had seven different names.
The judge also found that there was no evidence of what ‘ITRA legal’ had done at all. ITRA Legal is supposed to be the legal expert arm of the ITRA operation – but requests to identify the ‘experts’ and disclose their qualifications have never been replied to with any clarification. O’Connor, when asked to identify who he worked with within ITRA Legal, was only able to give some first names, saying he did not know their last names.
Defeats in court, and previous involvement in banned businesses lead to formation of a new company by ITRA – ECC or European Claims Centre
In recent times, those behind and working for ITRA (which hides ownership details by registering the company in the Seychelles and false claims to have a ‘head office ‘in Gibraltar have started using a new entity – European Claims Centre (usually shortened to ECC). This should not be confused with the European Consumer Centre, which also uses the initials ECC and is an official consumer protection organisation, which in the UK is affiliated with Trading Standards.
ITRA’s ECC has already been found to be practicing their own deceptions. An Advertising Standards Authority (ASA) ruling upheld complaints brought by KwikChex that information on their website was untrue and misleading. And whilst they have tried to distance themselves from ITRA when questioned by consumers, they admitted the close relationship in trying unsuccessfully to defend themselves, stating “that ITRA and ECC had the same shareholders and were therefore legally associated companies.” The full details of the ASA ruling can be found on the following link to the ASA website – https://www.asa.org.uk/rulings/european-claims-centre-llc-a16-334571.html
Further cases pending
Other consumers assisted by KwikChex are also taking action against ITRA. Any consumer that has paid fees to ITRA and has concerns about the business or suspects that they have not been provided with the promised services can avail themselves of the free services provided via the Timeshare Task Force. Information is available on the following websites: