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Los Claveles: Chairmans Update

Welcome to the start of the week, back in August we published an update on the goings on at Los Claveles in Tenerife, it was announced that the arbitration process had completed and the judgement was in total favour of the owners and the owners committee. The judgement ruled that the owners committee was legally constituted and has all the rights to run the resort.

Well it would seem that WimPen have not taken any notice, they continue to refuse to allow members onto the resort unless they pay THEM the maintenance fees. They are also sending out threatening letters to the members of the Club stating that they will be suspended if they do not pay. The Chairman Albert Fletcher and the President Carol Parkinson are still being denied access to the resort, even though they have a legal right.

It must also be remembered that WimPen’s contract as the managing company was ended on 3 May 2017, yet they still behave as though they have the contract.

los claveles logo

WimPen have lodged an appeal with the Court of Sessions in Scotland (equivalent to the English High Court). WimPen argue that the Arbitrator is wrong in law coming to the conclusion he did. WimPen maintain that the Club does not have a legitimate Committee so WimPen can not be challenged.

This case will be heard as a “Priority” due to the rules regarding an Arbitration Appeal, hopefully a decision from the judge will be made on how this is to proceed. Also, it has to be said that WimPen have not yet been given permission to appeal, before a full hearing can take place this must happen.

The Club has also instigated a court case in Scotland against FNTC for failing to transfer all documents to Hutchinson as directed in 2012. This followed the Clubs decision to terminate the contract with FNTC as the Clubs Trust Company. We wait to hear when this will take place.

The Chairman, has also made contact with RCI, it looks like RCI has agreed to convene a meeting of all parties at the RCI Headquarters in Kettering. The Club Chairman has agreed and that the Club confirmed it would participate.

This certainly looks like it is the industry just bullying the owners, from what we have seen, the Club has gone out of its way to do things by the book. There is still a long way to go in this sorry tale, these have been long standing and loyal owners of the resort, the way they are being treated is downright despicable.

For the Club Chairman’s full update see the pdf link below. For the full sorry story see the past articles.

Chairmans Update 8 November 2017

http://insidetimeshare.com/los-claveles-return-bad-days-timeshare-tenerife/

http://insidetimeshare.com/los-claveles-battle-goes/

http://insidetimeshare.com/horror-weekend-los-claveles/

Inside Timeshare will bring you the latest news as and when we get it, all we can say is we will publish every story, giving the Club and the Committee our full support in publicising their plight.

If you have any information regarding this matter or any other timeshare problem would like to share with others, contact Inside Timeshare, we are here to give you the facts.

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15 Comments

  • Roger Barrow

    November 18, 2017

    The full results of the arbitration have yet to be released, so I don’t know how you can say “the judgement was in total favour of the owners and the owners committee”. It seems you are only telling one side of the story. Why haven’t you obtained a comment from WimPen?

    Reply
    • Timeshare Insider

      November 20, 2017

      Thank You Roger, Inside Timeshare welcomes these comments to provide a balance view. Please do continue to comment.

      Reply
    • Sid Thirkell

      November 21, 2017

      Roger as you are so close to wimpen you will know what arbitration awards have been made please don’t lead the readership of this fact finding magazine with inaccurate information

      Reply
  • Dennis thirkell

    November 18, 2017

    I believe there is always 2 sides to a story since this dispute started it never been clear who started this mess although we have ideas I would like to.suggest that you contact wimpen/on a and get version of events thank you

    Reply
    • Timeshare Insider

      November 20, 2017

      Hi Dennis, you are correct there are 2 sides to any story, but if the opposition does not comment then it cannot be published.

      Reply
      • Dennis Thirkell

        November 20, 2017

        Thanks but I do understand why there won’t I am an owner and at some stage there will have there say I believe this will happen . if claveles Carey’s on the way it’s going there won’t be any body going . there are many many owners not happy with this situation suggest the committee call a proper AGM and invite all and that includes all

        Reply
        • Richard

          November 20, 2017

          Perhaps if Wimpen passed the owner register to its rightful owners,The Committee, then it might be possible to contact all owners as you suggest.They are the only ones that can call such a meeting.

          Reply
          • Dennis Thirkell

            November 21, 2017

            I believe the the constitution also says the committee should of also kept records of the coming and going at Los claveles so the blame game continues and yet the committee take no responsibility for the mess the owners are in no surprise there

          • Alex Lovatt

            November 21, 2017

            Dennis, the Constitution, Clause 11.5, states that “the Committee shall maintain or cause to be maintained a register of owners”.
            Wimpen were employed by the owners to maintain the Register on behalf of the owners.
            Wimpen refused to comply with Arbitrator’s Awards to release the Register to the Committee so that the Committee could contact ALL owners with a true statement of the facts and call an AGM for all to attend. Wimpen, therefore denied ALL owners the opportunity to attend the AGM. Wimpey, in their wisdom, drafted Constitution Clause 19.4 which permits the Committee to hold meetings if the Register is not available.

  • Susan Mackenzie

    November 18, 2017

    I am surprised by your biased report above. Nobody has yet seen the result of the arbitration. Both sides have picked out bits that support their own claims. I am an owner at Los Claveles and am impressed by the manner Wimpen continue to conduct the running of Los Claveles . I have never received a threatening letter from Wimpen or Ona, nor have any if my friends who are owners there. The committee does not have a 100% support from owners as you have been led to believe. Nor will they .

    Reply
    • Timeshare Insider

      November 20, 2017

      Hi Susan, the articles are not biased as you say they reflect only the information received, if other parties do not comment then how can we publish?

      Reply
    • Richar

      November 22, 2017

      I dont believe anyone has suggested the Committee has 100% support, I certainly have not seen that statement posted anywhere. I would indeed be an unusual situation to have 100% support for anything these days. However they certainly do have a large proportion of owners supporting them in this issue and one has to bear in mind that in this instance its weeks of ownership and not head count that carries the day not thatI think it will make any difference. I can only assume that you have received no threats from Wimpen as no doubt you will have paid them the maintenance fees rather that the correct method of paying the Club as required under the Constitution. Thats the rule book for the resort that you signed up to comply with when you purchased.

      Reply
  • Alexander Lovatt

    November 20, 2017

    Hi Susan many owners have published their threatening letters from Wimpen on Facebook or posted that they have received threatening letters as you well know. I have, myself received several, and I have exchanged many messages with you with evidence on Wimpen’s wrong doings, so please do not accuse the report above of being biased as it is not.

    Reply
    • Dennis

      November 21, 2017

      Alex Lovett you have always told a one sided story I for one have asked you many times on your pm why I was taken if your site like many other you are a controlled dictator who only like the views that in evolve the committee any way I don’t need your controlled site . This dispute will be sorted in the court not by your fb group or by me .I and many owners have been threaten or have you forgotten about that this dispute should of never happeneds

      Reply
  • Jean-Pierre

    November 23, 2017

    To some, it’s not a time to talk, it’s time to follow the law

    Reply

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