Hello monday

Start the Week

Welcome to Start the Week, we ended last week with a couple of more Court of First Instance rulings against Anfi. Once again the courts awarded back substantial amounts to the clients as well as declaring the contracts null and void.

This does make the claims of the CEO of Anfi, that they are not losing any cases rather shallow to say the least.

At the Court of First Instance in Arona, Tenerife, the judge has ordered International Holidayway Marketing SL, to repay over 7,000€ plus legal fees and legal interest. The clients contract has also been declared null and void.

Following on from the ongoing dispute at Los Claveles, Inside Timeshare has been receiving many comments from both sides. There does seem to be very wide difference of opinion, the following comment has been received with author asking to remain anonymous, unless Inside Timeshare deems it helpful to name him. At this point it has been decided to leave it anonymous, this letter is from a pro-committee owner.

los claveles logo

“Time to talk?  With an organisation that:

Does not respect or abide by the Constitution and Statutes that apply to our resort?

Sacks well respected members of staff without justification?

Does not comply with the orders made by the Arbitrator, even though they are participating in the Arbitration?

Employs staff that physically and verbally assaulted our Club President, Carol Parkinson (who is over 70)?

Produces false charges to the Spanish Police about Carol Parkinson and Albert Fletcher, causing Carol to be arrested in Tenerife and having to return there later for a court hearing?

Lies to Spanish courts that they cannot contact Albert Fletcher whilst continuing to send him letters?

The resounding answer is “No”.  Onagrup has twice had the opportunity to talk, before and after the 2015 AGM, and on both occasions has failed.  The overwhelming majority of owners that the Club Committee is able to reach (because of Onagrup’s refusal to hand back the Club’s membership register), directed the committee to stop talking and instead go to arbitration to settle the dispute.

The Club Committee has just issued to members an initial response to the latest letter from Snr Castro, MD of WimPen Leisure Management SA which again breaches the rules of confidentiality of arbitration and which again has been sent out using the Club’s membership register without permission.

The impression given by Mr Castro is that only WimPen has had success in the arbitration and that a few minor matters remain for the appeal court. On that basis he infers that the arbitration was a waste of time and money. As Mr Castro knows very well but fails to mention, WimPen was either refused permission to appeal, or withdrew its appeal, against the arbitrator’s findings that the committee formation and the AGMs and SGMs held by the committee were legal. This means that appointing Hiro Bulchand as the new Administrator was also legitimate, contrary to WimPen’s claims. Which in turn means that WimPen’s administration of the Club since the management contract expired in March 2017 has been illegal. The committee’s belief is that all of these issues were raised for appeal by WimPen in order to destabilise the Club and prevent the Club having any leadership, clearing the way forward for a takeover by Onagrup.

Turning to the financial information provided by Snr Castro, none of these figures has been audited. In addition, owners have been refused repeatedly their constitutional right to inspect the financial records and accounts by WimPen/Onagrup. It is also worth mentioning that the accuracy of the financial figures previously provided by Onagrup for the Escritura owners’ AGM in May 2016 was highly questionable. Whilst it appears that the resort’s funds are growing, these figures cannot be regarded as reliable until audited by an appointed accountant and inspected by the Club Committee.

The bottom line is that there is more to running a timeshare resort than just making a profit. The Management Company needs to have the respect of the Owners and it needs to respect them.  Onagrup has demonstrated from the outset that it is not a suitable choice for Los Claveles which has a fundamentally different ownership model compared to the other WimPen managed resorts, and as a consequence is most at risk of takeover.  Ask any of the owners who have had their holiday ruined by Ongrup’s reckless rental  policies of allowing noisy and disruptive groups of teenagers to book into the resort, and they will soon tell you that it is quality not quantity of rentals that is important.

Unlike the tiny minority of disgruntled owners who are campaigning against the democratically elected committee, the huge majority of owners are completely united in getting Onagrup (and Trustee FNTC) out of Los Claveles through arbitration. This huge majority of owners directed the committee to enter into arbitration and they authorized the committee to incur the expense of legal representation.   The appeal court judge’s decision is expected early in the New Year, and if he rules against Onagrup, the way will then be clear for the owners’ legitimately appointed Administrator to replace WimPen and get on with managing Club Los Claveles for all of the members.

Inside Timeshare thanks all those who send in comments which are conducive to the debate, it is you the members who need to resolve this issue. Until all members are informed of the situation, then being able to make up their own minds as to which way forward is best, this will drag on and may incur considerable legal expenses. Whichever side you are on, the time to talk is now.

In tomorrow’s Tuesday Slot with Irene, we look at the Billion $ lawsuit and why a Federal Court Judge has ruled in favour of Diamond Resorts International. There is also the story of Mary Bowling a former DRI sales agent, who has a case at the courts in Hawaii. Once again we highlight another military family falling foul of unscrupulous sales agents.

As we were about to publish the first sentence from the Court of First Instance of this week has just come in.

Once again it is against Anfi, the judge in this case has awarded over 5,000€ plus over 7,000€ in maintenance fees and legal interest, also declaring the client’s contract null and void.

Watch this space for the news as it happens.

 


27 Comments

  • Sue Mackenzie

    December 19, 2017

    I smiled when I read the rambling missive above. A huge majority of owners? Really? When a huge majority of owners aren’t even aware of what’s been going on and happily pay Wimpen to continue to manage the resort in their usual professional manner. And as for comments about the financial reports offered by Sr. Castro…..well at least he HAS produced some figures, unlike the Committee who have been taking money from supporters, donations from unknown companies amounting to many thousands of pounds, and just what is that company’s agenda in all this? Maintenance taken from owners which is not being used as maintenance……..where has it all gone? For what purpose has it been used, besides legal fees that did not need to be incurred if the Committee hadn’t thrown a strop, spat the dummy out, and refused to speak with Wimpen to sort it out. And why does the Committee continually refuse to divulge this information ?? They are acting all whiter than white and holier than thou. I personally have very real misgivings about what is going on on their side of the court, and I can assure you I am not alone by a long chalk. Please note in finishing that I am NOT afraid to give my name. I have nothing to hide.

    Reply
    • Alex

      December 19, 2017

      Sue Mackenzie so you think that the actions of Wimpen highlighted in BLUE are evidence of a, your quote, “professional manner”. In that case what would you call an “unprofessional manner”?
      Do be realistic and look at the facts the same way that the Arbiter did. You are being used. This dispute is just about a “Maintenance Contract”, nothing more nothing less. Why are Wimpen under OnaGrup fighting so hard? Ask yourself that and seriously consider what the end game is.

      Reply
  • Richard Burston

    December 19, 2017

    Perhaps Sue you can provide some sort of evidence to show that the statement about support is incorrect as figures from the minutes of various Club meetings suggest otherwise. Oh sorry I forgot you lot dont deal with facts and evidence only rubbish and misinformation. I have asked several question of members of your group asking for factual evidence of statements they have made including yourself and theyhave failed to materialise so I wont hold my breath.

    Reply
  • Alex

    December 19, 2017

    Sue Mackensie, how do you justify that Wimpen refuse owners the right to inspect the Records and Books of Account as per Constitution Management Agreement Clause 9. You are an accountant and must realise the importance of this.
    Wimpey Homes Holdings Ltd. had the wisdom to include this clause, amongst others, in the CONSTITUTION to protect owners against unscrupulous Management Companies. You and I have exchanged many Messages over this issue and you had agreed to try to exercise your right. At one stage during my attempts I had the office door slammed in my face.

    Reply
    • Dennis thirkell

      December 20, 2017

      Alex same old story’s with nothing me S for th hard show the owners all the books tell us we’re the moneoys are then we may have some respect stop hiding behind your constitution look after all owners not just a few Evan if you don’t like them because their don’t share your vision

      Reply
  • Timeshare Insider

    December 20, 2017

    Email sent to “Sid Thirkell”

    Dear Sir,

    Your comments have been removed, although I know the reason behind some people wishing to remain anonymous, this does not give you the right to be offensive.

    I am taking steps to have your posts blocked, I will not allow comments liking people to dictators to be published on my website.

    I have given you and the owners a forum to have a meaningful debate, not a place to air your petty personal and downright vile views.

    Freedom of speech, expression and opinion does not mean you may use any language or comments that are offensive to others. If you cannot have a reasonable and mature debate then you are not welcome.

    I am also instructing my IT investigator in the UK to trace your email and IP address.

    Charles Thomas
    Inside Timeshare

    Reply
    • Sid Thirkell

      January 10, 2018

      Thanks Charles sorry if I let my emotions get the better of me . But the owners are in fight with a very nasty aggressive organisation. I get angry when a certain individual brings his true political skills to the table god he can lie and make it sound so nice .

      Reply
      • Diego Belasco

        January 12, 2018

        Mr Thirkell
        Emotions are seeming to rising high . How can an old lady who voices to speak her thoughts at a wednesday meeting be abused by some coward or cowards who are not named to suggest if she is not happy she should go to another resort as she had the big courage to speak out and give her view. In any meeting this disgusting behavior is not aceptable and a bad example of owners .

        Reply
  • Roger Barrow

    December 20, 2017

    Thank you Charles. Unfortunately the posts from the anonymous ‘Sid’ did little to enhance the committee supporters’ campaign.

    Can I appeal to all, committee supporters and opposition alike, if we are you use this useful public forum for debate, lets keep the debate friendly and non personal. We might not agree with each other, but lets just focus on reasoned arguments and the case for each side.

    Happy Christmas and New year everyone

    Reply
  • Richard Burston

    December 20, 2017

    To now I have yet to see an actual reasoned arguement or properly formed evidence based case from this other group of bodies.They continue to ignore the outcomes of judicial hearings or apparently choose to continue to challenge them to what end perhaps only they know. When challenged to provide proof or definitive answers to points they have made it either goes very quiet or the subject is changed. To keep raising the same old thing time and again serves no purpose. I would respectfully suggest you either put up a proper factual and evidence based case that can initiate a proper debate os just shut up and go away.

    Reply
  • Roger Barrow

    December 20, 2017

    Richard, that is not a very friendly post in this season of goodwill! We don’t plan to shut up or go anywhere. Why do you have to be so rude?
    You can read our case on our website, http://www.losclaveles-alt.eu, which we have explained a number of times in this forum. We don’t expect you to agree with it of course.
    Happy Christmas

    Reply
  • Richard Burston

    December 21, 2017

    Not being rude at all.I have seen and read your website,if that’s the extent of your case that is backed by figures its not up to much. You make note of what traditionally the chairman voted,as you have not seen the proxy forms from the owners that submitted them you have no idea how they directed him to vote so playing with figures has no meaning. You as a group don’t respond to questions you either don’t like it actually have an answer to you either ignore or change the subject by some form of diversion.You keep saying about a knee jerk reaction, how a knee jerk? The decision to terminate Wimpens contract was in the owner domain for several months,at least 4 as I am sure you will know allowing more that adequate time for Ona/Wimpen to come forward with some indication of their intentions for the resort.Did they? A very big no they didn’t, despite being advised they were in breach of the terms of the Constitution they just carried on in their own dominating way regardless. As you will know talks took place but again all one way,Onas way or no way.Whats the problem,they are supposed to be a management company in our employment not a dominating bully boy company that doesn’t want to just be a management company,they thought they had bought Los Claveles or gave a very good impression of that impression.They have behaved pretty much from day one as if they own the resort and there is no way you can deny that. Just look at the track record of failures to comply with not just the Constitution and the Statutes but also the Spanish Law of Horizontal Property and Spanish Law in general.Just because something has been done in a certain way for a long time doesn’t always make it right.Merry Christmas All.

    Reply
    • Julie Lear

      December 21, 2017

      Richard the way you guys have responded to people and are so dismissive to any questions has been as you would put it, ‘a bully boy’ response.
      We believe no one has a moral high ground anymore, particularly the committee because of the way they have behaved towards owners they are supposed to represent and be accountable to.

      Reply
      • Alex Lovatt

        December 21, 2017

        Julie, the way Wimpen have responded to owners with real threats and holding the keys to Owners property to RANSOM is despicable. The Management Company is accountable to the Committee.

        Reply
  • Roger Barrow

    December 21, 2017

    Telling us to ‘shut up’ is not exactly polite!
    I don’t plan to get into a war of words with you Richard. If talks took place, where did they go wrong? What was wrong with the club’s negotiating stance when all other resorts were able to conclude negotiations amicably and are all now running successful resorts?
    Our views are clearly miles apart, which is why we still believe a full general meeting under an impartial moderator is the best way forward. Otherwise, whatever the outcome of the legal challenges, we have a divided ownership.
    I am going away for Christmas now.

    Reply
    • Chris Casey

      December 21, 2017

      As ever you ignore the facts and change the conclusions. The history of ONAgrups refusal to negotiate in any reasonable fashion has been publicly documented several times.
      You are well aware that the structure of ownership of Los Claveles is totally different to the other resorts which you keep referring to as examples which is why ONAgrup refused to accept the position of the owners
      You seem to be the main one who is trying to divide the ownership, which would mirror exactly ONAgrups tactics, and I still question why, as someone who was not an owner when this started, you became involved and then made yourself an owner to give yourself a voice.

      Reply
    • Alex

      December 21, 2017

      Roger, the Arbitrator appointed by the Scottish Law Society is as about as impartial as you can get, but still Wimpen refused to abide by the Awards and release the Owner’s Register. At the start of the Arbitration Wimpen agreed to abide by the Arbitrator’s decisions, but they did not. If Wimpen abide by the Arbitrator we can have a meeting of ALL owners, but this will mean the Committee sending out the Calling Papers to ALL owners and providing them with the TRUTH.

      Reply
  • Roger Barrow

    December 21, 2017

    Hi Chris. If you look in the ‘files’ section of our Facebook Group, you will see a letter I attempted to write to all owners on 21st July. My intention at that time was to remain independent, and see if I could offer advice from my experience of negotiating and working with Onagrup after the takeover. Unfortunately, I was met with such a tirade of criticism and aggression from some members, one key member was especially arrogant, that I resolved to side with those that did not support the committee’s actions. I made some good friends there and I was persuaded to become an owner. I now own 2 weeks in different times of the year and am in process of buying an Escritura week. Had I not met with such unpleasantness, I would probably not be here now and I would not have met these good friends. When do you visit? Maybe we can have a friendly and civilised debate over a beer! Best wishes for Christmas.

    Reply
    • Chris Casey

      December 21, 2017

      Roger, as ever, this sounds so pleasant and agreeable but does somewhat mask the facts.
      As a friend to Mr Pengelly and someone who already worked very close with ONAgrup you were hardly ever going to be independent.
      To suggest that because your actions were criticized you suddenly realized that ONAgrup were the way forward and you decided to be the public voice for ONAgrup and the small band of dissenting voices just beggars belief.
      I would happily have a beer with you in July, as long as ONAgrup does not do what they do to other people who dare to speak against them and harass me or refuse me entry to MY timeshare week.

      Reply
    • Sid Thirkell

      January 10, 2018

      Lol

      Reply
  • Richard Burston

    December 21, 2017

    Well Roger, now that is an interesting statement you have just made, so I would guess you will now be putting up as Escritura rep, no sorry I meant Escritura President of course. I do however find it odd that someone with the connections and involvement with the Wimpen Empire could in any way suggest they are independent, its a complete contradiction in terms.

    Reply
  • Roger Barrow

    December 21, 2017

    Let me just put some fallacies to bed. My relationship with Ivan Pengelly is nothing more than a working relationship in my role as president at Las Casitas which started when I was elected Owners representative 3 years ago, and we certainly did not always agree. Contrary to popular belief, I have no other direct connections or involvement with WimPen.
    Escritura President? now there’s a thought!

    Reply
    • Sid Thirkell

      January 10, 2018

      Roger you are not telling the truth here your father was a colleague of Ivan Pengelly for years you are wimpen through and through
      Can you sleep at night??
      You constantly lie in your comments.

      Reply
  • Julie Lear

    December 21, 2017

    Maybe just maybe Richard there are people out there who don’t like being bullied or rolling over to bullying or abuse. Roger myself and many others feel this way and there are growing numbers now of owners who disagree with the way this dispute has been handled. You see we have a little more open mind than many and people are questioning why is it the only Wimpen resort incapable of building a working relationship is the resort that has belligerent leadership from the committee side.
    There has been many attempts for people to offer to help bring sides together but each person has been bullied out. It’s credit to the strength of Roger’s character that he is still here and I truly hope owners will recognise he is trying to help resolve this impasse and stop the current destruction that is being meted out.

    Reply
    • Alex Lovatt

      December 21, 2017

      Julie Lear, there is a simple solution:
      Wimpen release the Owner’s Register to the Committee as directed by the Arbitrator.
      The Committee then contact ALL owners and arrange an SGM.
      Where is your objection to this?

      Reply
    • Sid Thirkell

      January 10, 2018

      Julie you will not get a bigger bully then your husband he’s down right nasty he has abused Mac Farquhar numerous time on the FB site and Dennis is down right rude to anyone who doesn’t share your views

      Reply
  • Chris Casey

    December 21, 2017

    Wow, there are so many half-said implications and suggestions here. It would be nice to have some facts to go with them.
    Would you care to put a number on the “growing numbers” as you imply that there are many when it would appear that there are actually very few?
    It has already been explained why Los Claveles is different to the other ONAGrup resorts so it is hardly an open mind that ignores that fact and simply repeats the same question and states that the committee is belligerent because they defend the owners against the real bullies.

    Reply

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