Part 2. (positioning)
Part 1. (begining) - here:
/forum/viewtopic.p 鈥 15#5488562).
Thanks 馃檹 to the community for being so responsive. I had a series of consultations with lawyers 鈿栵笍 who were recommended to me.
Here is my update (conclusion and resoning):
1. Such fraud schemes are widespread and (at first glance) this seems like a good opportunity for law firms to make money 馃挵.
1.1. Car rental customers are mostly tourists, they are an attractive victim 馃槺 (they are vulnerable): they don't have time 鈴, they don't know the language馃樁, they don't have local support 馃珎.
1.2. Light research of reviews on web showed that just in Quito there are dozens of similar cases a year.
1.3. It looks easy to create a standard workflow and it will generate a steady flow of small orders (this will work for a while until rental-companies start losing money 馃捀 and stop 馃毀 using these schemes).
叠耻迟鈥
Why doesn't this happen and the scam continues?
2. There is no standard and effective way to protect 馃獤 your rights if you caught by such a scam in Ecuador 馃嚜馃嚚
2.1. The only standard way to protect the rights of clients is the court 鈿栵笍.
2.2. The trial in Ecuador will take from 8 to 16 months 馃暟馃暟 and its results are not predictable.
2.3. The cost 馃捀 of legal support of the judicial procedure starts from 1000 usd (and this is the minimum, does not include court-related payments and fees).
2.4. It is not possible to include legal costs in a claim. To do this, it is necessary to win the first case (for breach of contract) and only after that it is possible to initiate a second claim for reimbursement of costs.
So it's 2 consecutive lawsuits (times 馃暟馃暟馃暟馃暟 and costs 馃捀馃捀 are doubled).
2.5. The amount of costs for legal support is determined by the terms of the contract with lawyers. But in any case, it cannot exceed the amount of the entire claim and is accepted by the judge as a % of the total amount of damage (from the first claim).
Thus, due to the specifics of the litigation and the small amount of damage, it becomes impossible to receive a significant amount 馃挵馃挵馃挵 that will allow you to compensate for the time and resources spent.
馃し馃徎鈥嶁檪锔
What's the next plan 馃敭馃敪?
3. Bring the problem to light馃攷
3.1. Prepare a list of organizations that can pay attention to such situations:
- Ministry of Production (Market Control Directorate)
- Ministry of Tourism
- Fiskalia
- Tax office
- Human Protection Office
(What else can you recommend?)
3.2. Find out how to file a complaint. Create request forms 馃摑 and roadmap of process.
3.3. Make the roadmap 馃椇 (information about actions) available to people (social networks, news, thematic forums on the network etc鈥)
If the information and reports from tourists about such frauds 馃ぅ received in various departments, sooner or later a solution will be found
A significant part of the budget of Ecuador 馃嚜馃嚚 comes from tourism. Sure, that cases of mass tourists fraud will receive the necessary attention.
Over time, the number of victims may accumulate to prepare a class action lawsuit and it can also be filed against the government of Ecuador, which doe鈥檚 not respond to cases of massive fraud.
I plan to continue to move 馃惥馃惥馃惥 in this direction, and will publish updated information.
If you have any suggestions or advice, please text me!
Thank you for reading 馃檹!
馃崁