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.

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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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36 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.

    • Sid Thirkell

      November 26, 2017

      You are correct there are two sides to this dispute, owners that want a quite holiday in the place they love and own , who want to have a say in how the future unfolds . Then you have ona/wimpen that are hell bent on profits getting a hotel on the cheap that don’t listen or care about owners views . They threaten us bully us tell us how it’s going to be. The thing is Dennis you don’t listen either countless times numerous owners have point you to evidence and facts to why ona/wimpen want your resort but it seems to me that you harbour a personal grudge against the committee and Alex Lovett .
      My advise is let it go join us in the fight against a coperate hotel chain that wants to take your holiday every year. Join us in the fight to save Los Claveles “

      Reply
  • 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
    • Allan

      December 1, 2017

      You forget that we have all seen some results from arbitration where the arbiter has issued several instructions for immediate action and OnaWimpen, despite originally agreeing to abide by arbitration results, continue to refuse to co-operate. No-one can argue that OnaWimpen are capable of running a resort but the awful way they manage, not always behind the scenes is why we are in the pickle we are. Perhaps we should all just cool it pending final arbitration results that hopefully OnaWimpen will comply with.

      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
      • Sid Thirkell

        November 25, 2017

        Denis you know why you were taken off the Face Book site you allowed your profile to be used by someone else . They then published on your behalf a comment that personally attach another owner.
        It seems that about 6 individuals what are pro ona/wimpen for what ever reason accuse a democratically elected committee yes democratically elected as defined by the arbitration awards that have been published of exactly what ona/wimpen are doing themselves.

        Reply
        • Dennis thirkell

          November 25, 2017

          Sid thirkell I believe that is not your real name I wonder why . Any way let’s get to the reason why I am here no 1 false statement I suggest you ask Alex Lovett what he said to me on on the 11 Sept 17 statement no2 I have never er let anyone use my details.if you have any proof please by all means put it on here . No3 Alex Lovett said to me he was these are his words not mine I have now introduced a trace to be added to all post when it happens I will know . This can’t be done for a start I know that and I have also check my fa us so that was a lie . And if that was the case since I have been off it o know of at least 50.on the site . So.tjat kicks that one out . I don’t care about the site because it’s mostly all about theory s speculation what ona/wimpen should have done not about what our committee should have done from.the start it’s called the blame game and ware are we 3 yrs on I will.tell.you no.were or I will.say the resort is looking perfect the staff and management are doing a good job even without a contract .And one more thing I don’t try and get on another fb site as a dog . Thank you for giving an me this platform.mr thirkell it’s bigger audience than your fb site I will not respond to any more comments .

          Reply
          • Sid Thirkell

            November 25, 2017

            Hook line and sinker , it was one Sunday afternoon when your friends posted and it was clear you hadn’t a clue what was going on. Even if you copied and pasted it it was enough to get you thrown off so I suggest you stop throwing personal insults at owners that don’t share your views. Here is your comment . If you did copy and paste the comment ( and I do have it saved which I might use at a later date ) you have broken the rules of LCID and shoul therefore be removed from that forum

  • Jean-Pierre

    November 23, 2017

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

    Reply
  • Dennis thirkell .

    November 26, 2017

    Sid thirkell this rubbish is not worth a comment . Yes it is why don’t you use your real name something to hide ??

    Reply
  • Allan

    December 3, 2017

    The club chairman has posted a letter on the members website outlining a few indisputable facts and advising a date of 15th December for the court to rule on Onagrup’s appeal to challenge arbitration. The members website is the only avenue that can be made available to all members for information given that the list of members is still being held by OnaWimpen who are the only ones with full access to it.

    Reply
  • Alex

    December 6, 2017

    It is my belief that the Arbitrators decision is FINAL. No appeals no “I don’t like this or that”.
    By accepting to proceed with the Arbitration process all parties accept the Arbitrator’s findings as FINAL, in fact Clause 20 of the Constitution and Clause 14 of the Management Agreement define this in BLACK and WHITE.
    Any appeal can only be against the integrity, or the procedure, of the Arbitration process. Wimpen/Ona have decided to appeal because they did not like the Arbitrators findings. But this is what Arbitration is about. This appeal by Wimpen/Ona is, in effect, an INSULT to the Arbitrator.
    Wimpen/Ona’s attitude and beligerence will be their downfall.
    Readers must remember that this dispute is between the owners and the Management Company who are the employees, YES, EMPLOYEES, more of a case of the “TAIL WAGGING THE DOG”.
    Ona are spending €100,000s to defeat the Club Committee and for what? A Management Contract of circa €150,000 inc expenses and running costs.
    I believe that Ona are seriously considering the real-estate value of Los Calveles 5+ years from now. Immediately next door to the east there is a new built complex of townhouse selling from €360,000 each. This is a case of “stuff the owner, what can we make out this”.
    What really hurts is that some owners just cannot see this!

    Reply
  • Peter Hanson

    December 11, 2017

    Alex Lovett what you have to realise is that many many owners just want holidays and as for ona/wimpen wanting to build another scare mongering attic by you . How do we as owners that the committee may be seeing £ signs just thought what we all forget I believe you need 51% of owners

    Reply
  • Alex Lovatt

    December 12, 2017

    Mr Hanson, before you make any rash statements please read the CONSTITUTION.
    The 2017 Club AGM was called and voting performed in compliance to the Constitution and if you had objections you should have attended and voiced your concerns.
    The Constitution was written by Wimpey Homes Holdings Ltd.
    There are various clauses designed to protect owners from unscrupulous Management Companies.
    Wimpen have refused to abide by the Constitution and have continued to deny the Committee the Owners Register so that the Committee can contact all owners. Wimpey, in their wisdom, included Clause 19.4 to allow SGM and AGM to be LEGALLY called in the absence of all owners being notified as a result of Management Company preventative actions and as a result decisions made at those Meetings are binding to ALL owners.
    Wimpen do not have a Club Maintenance Contract or a Club Administrator and no legal authority.
    Wimpen continue to invoice Club owners and issue threatening letters to Club owners when these invoices are not paid.
    Wimpen refuse Club owners access to their property when they arrive at Los Claveles and apply “DEMANDING MONEY by MENACES” attitude in demanding payment of the Maintenance Fee before they are given the keys despite being shown evidence that payment has been paid to the LEGAL Club Administration, which is in contradiction to the Tenerife Tourist Board instructions.
    We all want stress free holidays but it is Wimpen are denying Club owners.
    READ THE CONSTITUTION.

    Reply
  • Peter Hanson

    December 13, 2017

    Mr lovatt I don’t have to read the constitution as I believe the committee have adopted a policy to suit there needs and not the owners as for Lester there are a star wars letter as I received one on Monday this week it like a letter you get if you don’t pay your bills normal sat fa rd letter wimpen know there do or have a contract but there also don’t recognise the new administration as it was illegal . So for the time being your stuck with them as there also running the resort in there option there are entitled to collect fee until this is all other . You say we all want stress free holiday yes we do and I believe that’s what is going on at this time . legal stuff I will wait for the courts to sort

    Reply
  • Peter Hanson

    December 15, 2017

    Sid thirkell the man with the iron mask . I do believe in the owners choosing their own administration but the correct way no illegal meeting no changing the constitution which suites the committee inviting all owners and founder owners to an AGM to be run by an independent chair . This is the only way to move on and this as been offered before . Our committee we’re wrong from the start and hear we are 3 yrs on costing our club money . And many un happy owners the committee are so confident there have mandate then should not be any problem for having a meeting or are there other reasons ?? . And please don’t go on about the database as I have heard all this before and the constitution at the moment wimpen are doing a good job and making excellent money for the resort which is me and you but I have no dought people will have a lot to say .

    Reply
  • Alex

    December 15, 2017

    Who is Peter Hanson? He is not registered on the Los Claveles Facebook Groups, is he Dennis? Peter has “heard all this before” I wonder how. Do you know Dennis?
    Inside Timeshare will know who it is by the e-mail address.

    Reply
    • Peter Hanson

      December 15, 2017

      Alex I am not registered on any site not Evan the owners site And I certainly don’t know any Dennis
      Didn’t you like my post I’m sorry but it’s a fact . I will ask you the question why won t the committee call an AGM to end this conflict and please don’t quote constitutions or database ECT . If inside time wish to give you my email well I don’t believe that will happen just like Sid Thirkell but that is my name not like him

      Reply
      • Alex

        December 16, 2017

        Peter Hanson you have suggested illegal operations:
        1. you have stated that you have heard all this before about the database and constitution:
        2. you have stated that the Committee were wrong to start the process:
        3. you ignore the democratic vote at the 2015 AGM:
        4. and then you state that you are not on any site or the owners site so where are you hearing all this? I am to assume that it is direct from Wimpen?
        5. You MUST read the CONSTITUTION before you can comment.
        6. If Ivan Pengelly had released the Database to Committee when asked at the 2015 AGM this would all have been resolved a long time ago,
        7. Ivan Pengelly continually quoted the Data Protection Act for not releasing our own Database back to the Committee, but the one of the interim Awards from the Arbiter was for Wimpen to release the Database to the Committee. Wimpen have refused and have, therefore, attempted to discredit the Arbitration Process.
        Before your next comment PLEASE PLEASE Read the CONSTITUTION.
        If you have an issue then you can quote the relevant clause from the CONSTITUTION.
        And before you accuse the Committee of Illegal be sure of the facts.

        Reply
  • Peter Hanson

    December 16, 2017

    Well Sid thirkell illegal meetings were held simple.as that and how many time as there been an offer of a an AGM keep up with goings ons before you quote .you thing you have theupperjand then call a meeting it may go your way then again it might not the committee should call it and putt all owner minds at rest and move on . Alex I won t comment on yours as I have read it all before like many before me I say change the record the constitution was changed was it not ?? I have not accused the committee of anything just saying the meeting we’re illegal.is that a problem as an owner can’t I express how I feel . No freedom.of speech no more is that wht you ‘re saying ?? And one last thing my I information does not come from.wimpen it comes from a variety of upset owners

    Reply
    • Alex

      December 16, 2017

      Peter Hanson, it is Wimpen’s actions that are illegal in refusing owners access to their property. You have publicly accused the Committee of holding illegal meetings and that the Club Administrator is also illegal. What is your proof? All meetings and Administrator selection were in full compliance with the Constitution, edition 2014.

      Reply
  • Peter Hanson

    December 17, 2017

    ALEX nobody as Accused any body the trouble is Alex you don’t answer question so we will try one more time .1 we’re all owners invited to all meeting including founder members 2 did all owners agree to the change in the constitution .3 did all owners agree to the new administration put in place . I don’t think so

    Reply
  • Peter Hanson

    December 18, 2017

    Sid thirkell.what a load of tosh . I Mathis country we have an election we invite all people to vote who can . Our resort in votes 20% of owners because it can’t contact the other 80% right or wrongly so how can you say all meeting are legal when 80% are missing . In your world yes but not mine have a nice day

    Reply
  • Alex

    December 18, 2017

    Peter Hanson, Meetings shall go ahead if ALL owners cannot be contacted see:
    Constitution (2014) Clause 19.4:

    “The accidental omission to give notice of a meeting to, or the non-receipt of notice of a meeting by, any person entitled to receive notice shall NOT invalidate the proceedings of that meeting and accidental omission shall include an omission which was deliberate but which arose out of or was connected with an honest but mistaken view of law or fact by any officer of the Management Company or the Club”

    This clause was introduced by Wimpey Homes Holdings Ltd. to protect owners from unscrupulous Management Companies withholding the Owners Register.
    Wimpen are preventing the Club from contacting ALL owners by withholding the Owners Register whilst they, Wimpen, continue to communicate with All owners expressing only their views.

    Reply
  • Alex Lovatt

    April 4, 2018

    Arbitration results have been available for some time and the Wimpen Appeal to the Scottish Court of Sessions has now been concluded with a 17 page report with bottom line:
    ” Conclusion, this appeal is refused. ”
    Wimpen/OnaGrup continue to refuse to abide by the Arbitration Rulings which are now supported by the Scottish Court of Sessions.

    This has all been unnecessary as the Club Los Claveles 2014 Management Agreement which Wimpen signed states in Clause 14, 15, and 16 that quote:
    Quote: “The Management Company IRREVOCABLY SUBMIT to the EXCLUSIVE JURISDICTION of The COURTS OF SCOTLAND.”

    That is what Wimpen signed up to and they are refusing to comply in spite of the Arbitration Rulings and the Scottish Court of Sessions.

    Reply

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