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The Win-Win Lose-Lose Situation
On becoming a member of Designer Way Vacation Club via Incentive Leisure Group customers were given a Cashback certificate via initially Cashback Sales & Administration S.A. and thereafter Reclaim Ltd. ILG used the Cashback certificate as a convincer so that when customer attended a presentation at Incentive Leisure Group's offices they would believe that they were entering into a win-win agreement.
Incentive Leisure made many representations to consumers that not only would the Cashback certificate reimburse the consumer for their timeshare but it would also reimburse them for the cost of joining the DWVC membership club, however, the reality of Incentive Leisure's promises was something very different. In some instances some branches of Incentive Leisure Group even made written representations to consumers that in the event of there being a shortfall between what the Cashback promotion paid out and the face value of the certificate that Incentive Leisure Group would make good the difference. Incentive Leisure had offices in both Wantage and Bristol that appeared to both be even more aggressive in their approach than other branches of ILG.
Initially, Incentive Leisure Group appointed Cashback Sales & Administration S.A. to administer their promotion whom were another company operating out of the Mijas Costa - Malaga area of Spain. In November 2008, Stuart Tristram who is a director of Cashback Sales & Administration S.A. wrote to Incentive Leisure Group and informed them in writing that they had ceased trading with immediate effect. Stuart Tristram further went on to write that "all commercial contracts regarding the promotion of Cashback certificates have been cancelled" and implied that another officer of the company - Anthony Larvin was the subject of criminal proceedings relative to the issue. Stuart Tristram implied to Incentive Leisure Group that they want to also organise a group action for customers of ILG so that they could pursue a claim for compensation.
Stuart Tristram of Cashback Sales & Administration S.A. implied that the company failure was due to the activities of Anthony Larvin, however, there is speculation in the media that would imply that between 2003-2005 Incentive Leisure Group borrowed 1,975,000 Euros from Cashback Sales & Administration S.A. and never paid it back! The speculation implies that there are documents that detail the agreement between both Incentive Leisure and Cashback S.A. To date despite many ILG customers receiving confirmation from Cashback S.A. that their claims have been submitted correctly we are yet to hear from one customer whom has received a payment from Cashback S.A. yet alone a payment for the full value of the certificate.
In 2006, we understand Incentive Leisure Group started offering DWVC members Cashback certificates that were being administered by Reclaim Ltd. Reclaim Ltd have a registered office at Haven Court, 5 Library Ramp, Gibraltar which coincidentally is the same address for the registered office of Incentive Leisure Group Ltd. Interestingly, Keith Barker who is known to have been a director of Personal Travel Group, Pro Travel Group, DWVC and Incentive Leisure is named as a director of Reclaim Ltd . In respect of Reclaim Ltd it is also stated by the relevant authorities that "The accounts of the company which show a figure of £1,000 do not reflect the financial statements quoted on the company's website" - we interpret this that any customers of ILG may not get back exactly what they imagined if anything!
In June 2009 at the hearing held at Reading Magistrates Court, Incentive Leisure Group were found guilty on 11 counts with regard to the manner in which they had claimed such Cashback certificates of both Cashback Sales & Administration S.A. and also Reclaim Ltd would perform.
In January 2011, Reclaim Ltd had a complaint made against it upheld by the Advertising Standards Authority in respect of the way that it's brochure purported that customers of Incentive Leisure may be reimbursed on maturity . Reclaim Ltd claimed that customers of ILG could receive up to 95% of the value of the redemption certificate on maturity yet on auditing their claims they were unable to substantiate to the ASA that any customer had received back more than 50.82% of the face value of the certificate. Some earlier brochures issued by Reclaim Ltd even had claimed that some customers of Incentive Leisure may receive up to 100% of their money back via this scheme and this must have escaped the attention of the ASA.