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.
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.
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.