European Consumer Claims - ECC zur Herausgabe der Domain kwikchex.net an KwikChex verurteilt
The domain had previously been used to publish derogatory content against KwikChex and to promote European Consumer Claims / ECC and associated businesses.
It has been formally found that ECC abused the good name of KwikChex by using the KwikChex brand in bad faith. The action was taken by KwikChex against European Consumer Claims Ltd., who denied they were responsible for the rogue site. However, the adjudicator agreed with KwikChex that European Consumer Claims were responsible and also agreed that the KwikChex.net registrant details had not been filed truthfully by European Consumer Claims. The registrant was given as ‘ECC’ – not a legal entity and the address provided was fictitious – a compilation of Spanish and Gibraltar addresses.
KwikChex also pointed out that the email contact given and a part of the address referred to a business known as ‘ITRA’ or International Timeshare Refund Action – a business that was wound up in the UK High Court in 2019 after failing to refund monies to consumers as ordered by the courts. ITRA had previously been identified by UK authorities as being a significant element of a large scale scam against timeshare owners after seven connected businesses known as the ‘Club Class Companies’ were wound up to protect consumers. The rogue site defended ITRA and its relationship with ECC and falsely stated that KwikChex does not assist timeshare owners with regard to exits and compensation where due. These matters are currently also being addressed.
The nature of the free assistance that KwikChex provides to timeshare owners is verified (including verified feedback from consumers) on the KwikChex Trading Standards Approved profile https://www.buywithconfidence.gov.uk/profile/kwikchex/24358/, where it can clearly be seen that in addition to assisting the victims of timeshare exit and claims fraud, timeshare owners have referred to and praised KwikChex for assistance with resolving timeshare exits and disputes.
KwikChex has published the above information to clarify the situation and because European Consumer Claims (ECC) had promoted the previous content on the site extensively.
The full ruling can be read on the following link (PDF).
KwikChex Ltd, Exchange House, 12-14 The Crescent, Taunton, Somerset, TA1 4EB
firstname.lastname@example.org Registered in the UK, Company No. 07376192