Browse Tag

OnaGrup

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.

 

Los Claveles: Opposition Press Release

Inside Timeshare has received the following press release from the Los Claveles opposition, we publish in the interest of neutrality, as we have said before, both sides must be able to voice their opinion.

You may not agree with the content, that is your prerogative, but it does call for all sides to come together and settle this dispute for the benefit of the club.

los claveles opposition logo

PRESS RELEASE

Los Claveles report a record surplus

While the dispute rages on, setting owner against owner, Señor Germán Castro, the Managing Director of WimPen has written to all Los Claveles owners with the latest set of accounts showing a record income and a record surplus.

He also offers an olive branch to owners and says, “We are also the first to want an AGM to be convened of all parties, so that everyone can be summoned and vote, and so that everyone can have the right to offer their candidature to become members of the Committee and propose agenda items, for the benefit of all Club members, so they can decide on their administrator and their future. WIMPEN will be the first to respect this decision, provided that everyone can freely and democratically exercise their right to vote and that an impartial external moderator is appointed to preside over said AGM”.

“This is exactly what we need,” says Roger Barrow, who heads up the working group opposed to the way the current committee are handling the dispute. “This is the only way to get a resolution to the dispute without building on the mounting legal costs for all sides. We believe the current chair and committee are leading us up a path to disaster, and we need a way out”

Sue Mackenzie, the working group’s accountant said, “Snr Castro reports that the reserves have grown 119% in the period 2013 to 2016, an astonishing result in these days of struggling timeshare resorts.  Ivan Pengelly’s decision to sell his shares to OnaGrup, who he judged were best placed to improve the community’s income, has been fully justified.”

“It is notable that in 2016 for the first time, it has not been necessary to make a provision for bad debts. Costs have remained level over the whole period, with the exception of the massive legal bill for legal; services and arbitration of over £100k of owners’ money, created by the committee’s actions”, continued Sue Mackenzie.

“With the exception of Los Claveles, all the other WimPen resorts AGMs have agreed a new 3 year contract for WimPen with an overwhelming majority” adds Roger.

So what happens now? A decision on the appeal is still awaited, and there are legal proceedings in Spain to be resolved. All this is going to take time and more expense. “Have owners approved these legal costs?” asks Roger, “On whose authority was this expenditure agreed? We need this full general meeting very soon, then we can all settle down again and enjoy our holidays at Los Claveles.”

Señor Castro ends his letter to owners wishing all a Happy Christmas and saying, “We ask you all to think of the Club and create a prosperous and positive future where everyone can enjoy their holidays, without conflict and in a friendly atmosphere.”

Inside Timeshare calls on all concerned parties to take heed and make the right decision to get together and discuss this matter and resolve it for the benefit of all club members. Only you can do this.

come together

Start the Week

Welcome to the first article of the new week, over the weekend the debate on Los Claveles has seen the opposing views getting rather heated and personal.

One reader who is an owner at Los Claveles has sent in the following response to the article published on 30 November. Inside Timeshare has agreed not to publish the writer’s name and abide by his wishes.

His response is well written, it lays out his view on the situation in a clear and precise manner, giving a very good opposing argument.

Response to The Opposition View

The “Press Release” submitted by Mr Barrow, who is a director of the WimPen Holding Company at Las Casitas and has a long term family association with Mr Pengelly, is deeply flawed and highly questionable regarding the title “Los Claveles Club” which is a misrepresentation of the Official “Club Los Claveles” as defined in the Club Constitution. It takes no account of the unique ownership structure, governance and committee-led stewardship of the resort over many years that has resulted in the resort being financially strong, in sharp contrast to other former WimPen resorts. Without going into all the details, Mr Pengelly’s handling of the sale of the Los Claveles management contract to Onagrup is widely recognised as having been lacking in judgement and consideration for the owners, and disrespectful to their elected representatives in the weeks following the sale. Since then, Mr Pengelly has presided over flagrant abuses of statutes and constitutional frameworks  governing the community of owners at Los Claveles; disregarded a petition calling for his resignation and a vote of no confidence in him at the 2016 Escritura Community AGM, which he refused to accept (as a result of which ALL the owners left the room, except for 3 owner couples, calling the meeting illegal). In addition Mr. Pengelly has practised non-compliance with arbitration orders and awards; turned a blind eye to the physical assault of the Club President and intimidation of Club Members by an Onagrup employee; condoned false accusations of fraud being made by Onagrup to the Spanish Police against the Club President and Chairman; and allowed the unlawful sacking of long term staff members. As a result, his once decent reputation in the timeshare industry is now in tatters.

For the record, the notice of termination given to WimPen for Club Los Claveles on 31 March 2015 was not a “knee jerk reaction” as described by Mr Barrow but a considered decision precipitated by the arrogant attitude of Onagrup to the Club Committee and a flagrant disregard of the Club Constitution regarding rental policy.  It was a unanimous decision by elected committee members in response to the representations made to them by hundreds of concerned owners in the 2 months following the sale to Onagrup, and was also supported by the Escritura owners’ representative. Mr Barrow’s representation of this decision being based on the Club Chairman’s casting vote is wildly inaccurate and misleading. The notice of termination made provision for Club Members to have the final say at the subsequent AGM in June 2015. This was heavily influenced by the contribution of one single owner, a commercial lawyer by profession. He raised such fears in the minds of those attending that they would become personably liable for damages in a breach-of- contract claim from Onagrup that many changed their mind and voted not to risk that eventuality. Otherwise, the vote would have been much more conclusive in favour of the termination. This same owner subsequently changed his views and has since given his support to the committee. Regardless of this the view of Onagrup that it still held the management contract for the resort only came about because it combined the votes of both Club and Escritura owners despite the vote being taken separately. .

The issue here is not with the committee, as Mr Barrow would have owners believe. It is with WimPen, Onagrup and a minority of owners that he is now representing who are not prepared to accept the democratic constitutional process of governance of the resort. They refuse to accept that every effort was made by the Club Chairman to negotiate with Onagrup. even going to the lengths of travelling to Barcelona to meet with Onagrup senior management, prior to the members democratically voting at the SGM of January 2016 to take the dispute to arbitration because Onagrup would not agree to abide by the Club Constitution.

The situation now is that WimPen, i.e. Onagrup, is appealing the arbitration.  And much like Mr Barrow and the self-elected members of the protest action group he is leading, WimPen has taken it upon itself to illegally carry on managing Club Los Claveles without a contract which expired on 2 May 2017, claiming that it has a right to do so while the appeal is being heard. This is not so. Meanwhile, the Club Constitution is being completely disregarded by both Mr Barrow and WimPen in advocating that members should pay their maintenance fees to an illegal agent who has no contract to manage Club Los Claveles. This same agent is sending threatening letters to members who have followed the Constitution and paid their maintenance fees to the Club, refusing access to their accommodation until they pay again and blocking RCI members’ exchanges.

Marilyn Fry, who has a close, long term tie with Mr Pengelly and family, also seeks to mislead by failing to explain that owners who do not follow the Club Constitution and deliberately pay their maintenance fee to WimPen automatically place themselves in conflict with the rules governing their membership of the Club and risk being suspended. However, the Club Chairman has simply reminded the tiny minority who have taken this course of action that they are in breach of the Constitution, that they have an outstanding debt to the Club and that they have therefore placed their membership of the Club at risk. A similar tiny minority have placed themselves in the position of paying their maintenance fee twice, i.e. once to the Club and a second time to WimPen simply because they took it upon themselves not to follow the committee’s instructions, or its process for overcoming WimPen’s illegal demands for gaining access to their Los Claveles accommodation.

Equally misleading is her statement about secrecy and censorship. The committee is bound by the rules of arbitration and is therefore restricted in what it can and cannot communicate to Club Members. No member has been banned from the owners’ website, and the normal rules of moderation apply to Los Claveles social media groups. A tiny number have been suspended for failing to comply with these rules.

The solution that is supported by 90% of the 971 members of Club Los Claveles who voted at the 2017 AGM, a record high number, is for WimPen to abide by the Club Constitution and Arbitration orders and awards, and to withdraw from the management of the Club, along with the Trustee FNTC, a company that was dismissed in 2012 but also refuses to go. This will allow the members to regain control of the Club, appoint their chosen Administrator, Trustee and management service providers, and restore the loyal staff who were wrongfully dismissed under Mr Pengelly’s watch. Only then will the resort return to peaceful normality, and continued prosperity and enjoyment for the owners.

As this article was being prepared for publication, Roger Barrow sent in the following, Inside Timeshare publishes this in order to try and keep a neutral and balanced stance.

LAS CASITAS AGM:

Dear Charles

Its a good news story for those Los Claveles owners who are interested and remember the days of happy AGMs where owners have full control, with healthy, friendly debate and a great get-together in the bar the evening before.

  1. Administrators report – Approved
  2. Accounts for year to Aug 2017 – Approved
  3. Budget and proposed 3% increase in fees ( first increase for 3 years)  – Approved
  4. President re-elected
  5. Reintroduction of Owners’ Representative – Approved
  6. Appointment of Wimpen for a further 3 years – Approved
  7. Bar Franchise offered further 3 year contract – Approved
  8. Charges for more than one WiFi connection – Approved
  9. Acceleration of upgrade of Lounge/Dining room – Approved
  10. Replacement of baths with walk in shower – Approved

Four different resorts approved new 3 year contracts for Wimpen at AGMs this weekend

Regards

Roger Barrow

As you can see, there does seem to be a very wide difference of opinion between the other resorts as well as the differing opinions at Los Claveles. Inside Timeshare will continue to publish articles showing the opposing views, especially those with a clear and precise argument.

As we were preparing for publication, the following news came in from Madrid:

The Supreme Court has once again ruled in favour of a former UK client of Silverpoint, this court has once again ruled as per their previous judgements.

In this case the court has awarded back over £45,000 plus legal fees and interest, also declaring the contract null and void. This is the 77th ruling made by Spain’s highest court and leaves no doubt that the interpretation of law 42/98 is correct.

If you need any help or advice on any timeshare related matter, Inside Timeshare is here to provide it. Contact Inside Timeshare and we will point you in the right direction.

Los Claveles: The Opposition View

Continuing with the story of Los Claveles, Inside Timeshare has been asked by Roger Barrow to publish the following letter.

It is published as there are always two sides to every debate, without this balance nothing will be solved. All owners must have access to both arguments, you may not agree with this letter, but there are many owners who do not know what is going on. From the many comments and emails we have received there does appear to be some personal grudges being vented.

Inside Timeshare asks that you put these aside and try to work together, you all believe that you have a lovely resort, many of you have owned for years. Going through the internet we have found many negative comments about other timeshares, but not about Los Claveles or in fact any of the other resorts such as Las Casitas, where Roger is President of the Committee of Owners.

We leave it to you the readers to decide.

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PRESS RELEASE

Los Claveles Committee – Owners Fight Back

In 2015, Ivan Pengelly of WimPen, who were the appointed administrators for Los Claveles along with several other resorts in the Canary Islands, sold his shares to OnaGrup, who he judged were the best company to help improve the rental income for blocked and unsold villas in the resorts. All the resorts were suffering from an aging population of owners and an increasing number of debtors. This sale to OnaGrup was subject to a confidentiality agreement.

Once the sale was complete, Ivan Pengelly announced the sale to the resort owners. While there were a few ‘bumps in the road’ and much anxiety by owners in most of the resorts, calm and measured negotiation with OnaGrup resulted in amicable and mutually agreeable arrangements for the continued management of the resorts. With the exception of Los Claveles that is.

A Los Claveles committee meeting, on the casting vote of the Chairman, decided to terminate WimPen’s contract. A subsequent General Meeting voted 329 to 236 to retain Wimpen, however this result was overturned by proxy votes, including the chairman’s discretionary proxies. The final voting was 863 for termination with 823 against.

“We believe this decision was premature and we want to challenge the Claveles committee and way they have handled this dispute”, said Roger Barrow, chair of the newly formed opposition working group. “It has led to the most acrimonious of disputes, with owner set against owner. The dispute has now launched into an expensive arbitration and legal battle, when the committee could have followed the simple and straightforward process to appoint a new administrator, a process set out in the constitution.”

“It was a knee-jerk reaction which we believe owners will regret,” said Mr Barrow.

So, what is the situation now? While everyone awaits the full outcome of the arbitration and legal appeals, Wimpen, now without a contract, have continued as Acting Administrators, successfully managing the resort. They look after the finances, maintenance, cleaning, resort improvements and employ the staff. Owners still must pay their maintenance to WimPen to gain access to their villas.

“The club committee are also demanding payment with threats that owners are acting illegally and risk losing their membership if they don’t”, said Marilyn Fry, the group’s secretary. “This leaves owners bewildered, confused and very anxious. Some have paid twice to Wimpen and the Club, a few have successfully obtained a refund from the club. But for owners, this is a very unsettling situation”.

“There is also an unsatisfactory level of secrecy in the club”, continued Mrs Fry, “With owners who criticise or oppose the committee’s actions banned from the owner’s website and social media, which is heavily censored”.

So, what is the solution? The opposition working group are setting out to challenge the owners’ committee and believe that by giving WimPen a new contract, owners can regain control and should then allow Wimpen time to show what they can do before following the correct process to either continue with WimPen or appoint a new administrator.

“We all want the same thing in the end,” said Mr Barrow. “A happy and efficient resort that operates as successfully as all the other resorts in WimPen’s portfolio.”

www.losclaveles-alt.eu | [email protected] | 0796 222 4554

The opening paragraph clearly explains the problem that all timeshare resorts have, owners who are now elderly, many unable to travel, owners who can no longer afford the maintenance fees and a new generation that do not believe in the concept of timeshare.

With this diminishing population of owners the only way these resorts can survive is by increasing the maintenance fees of the remaining owners, or by renting out the unsold and returned weeks.

Inside Timeshare has given you a platform to begin a discussion and resolve this issue, it is your resort, you are among the lucky owners of timeshare, you do have a say in how your resort is run. For those who own in the points system, which the Spanish Supreme Court has deemed illegal, they do not have these rights. They are members of a vacation club, with only a right to use and this is subject to availability.

Inside Timeshare will continue to publish news as it comes in, we also hope to publish the news that you have all come together and resolved the issue. We wish you all the best.

Los Claveles: The Battle Goes On!

We continue the sad tale of the struggle Los Claveles owners are having with Ona Group over their refusal to allow them access to their own apartments, along with forceful removal of owners from the resort, many of whom are elderly. We also reported in the last article about the abuse that Carol Parkinson, who is also elderly, has suffered, both verbally and physically at the hands of Ona Group staff and security.

Carol is the club President and is in Tenerife trying to help owners arriving and unable to lawfully access their apartments, which many have owned for 30 years. She is working tirelessly under difficult conditions to ensure that they have somewhere to stay.

Inside Timeshare has promised the members of the committee and especially the Chairman Albert, that we will publish their letters and inform the world of timeshare. This is also a warning to other owners whose resort management has been taken over by this company. This is what you can expect.

We start with an open letter from Douglas Goldie a long standing owner and a retired Police officer, it is an open letter to all owners.

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CLUB LOS CLAVELES

Open letter from owner Douglas Goldie

24th May 2017

Dear Owner Friends

I just want to reiterate that Avril and I fully support the committee in what they are attempting to do for us.  Like many we sometimes feel frustrated at the speed of progress and the lack of detailed information but we fully appreciate the reasons information is withheld and realise that we are in this for the long game.

We urge you to keep your faith in the committee and continue your support. We have made donations, loans and paid our 2018 fees to the club in advance.  We are not rich by any means but we have no regrets over our actions so far.  We just wish we were in a better position to do more.

As a retired Police officer having completed 30 years’ service upholding the criminal law I think I am qualified to recognise criminal activity in whatever country it originates and if our meagre contributions help bring some justice to this situation then it has been worth it.

I spent a considerable part of my life assisting and supporting victims of crime and that is exactly what we are right now. Please don’t give in to the people trying to take what is ours.  A lost or spoiled holiday would be devastating to us but would be well worth it to see justice done and we truly believe justice will prevail if we stick together and support our committee and helpers.

Please do not pay your fees to people who wish us all harm. To do so would condone and support their criminal activity against all of us including yourselves.  It is obvious they are trying to divide our loyalty. Let’s not let them. Let’s stick together.

Yours sincerely,

Douglas

In this letter Douglas clearly has a valid point, to pay your annual fees to these people gives them credibility, it will also allow them to claim they are right!

In a response to his letter the Chairman of the Owners Committee, Albert Fletcher has issued this statement.

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CLUB LOS CLAVELES

Club Chairman’s Statement, 25th May 2017

on Douglas Goldie’s Open Letter

 

The Committee would like to take this opportunity to thank Douglas Goldie for his letter and for the support he is giving to the Club, plus all the other members who have contacted me and commented expressing their support.  Members should continue to pay their maintenance fees to the Club, not WimPen, and are encouraged to make payment as early as possible.  

Owners have asked who they should believe when they keep getting two different messages about who is in the right. I say once again, WimPen’s management contract ended on the 2nd May, regardless of the outcome of Arbitration.  We are still awaiting the final decisions of Arbitration despite requests for an early resolution in view of the escalation of events for Club owners at Los Claveles.

Onagrup/WimPen never gives you the whole story but sadly has all the ‘aces’ as it holds our assets and is trying to starve us of the funds to fight for what is ours.  You have to make your own minds up about who you believe to be right in this dispute, considering all of the considerable information made available to you from both sides, but bear in mind your committee members are the only ones who have nothing more to gain than other owners, but much more to lose with all we have invested personally.  

If Members are in any doubt about who to pay their maintenance fees to, please do not contact WimPen sales or administration as they are giving out the opposite advice to the Club, despite WimPen having no contractual agreement to invoice Club Members and collect maintenance payments from them.  Club President Carol Parkinson is available to give any further reassurance. Her phone number is  07931 778886 and her email is [email protected]

albert sign

Albert Fletcher

Chairman, Club Los Claveles

In his letter Albert confirms that Wimpen/OnaGrup no longer has the right of management, their contract ended on 2nd May 2017. He also states that it is the owners / members of the club who have the most to lose. The initial outlay for your weeks and apartments, the years of paying the maintenance fees for them and the prospect of losing the one thing of importance, the sense of community and family that you have all built up over the years.

Wimpen and Ona Group are not the only ones at fault here, the trust company FNTC is also culpable. In January 2016, the following letter was sent to FNTC, it formally raises a complaint, on their refusal to hand over to Hutchinson Trust Company, who the committee employed to replace FNTC. It also highlights their refusal to allow access to the club members database, this is essential if the committee is to inform all members of the situation.

 

CLUB LOS CLAVELES

21 January 2016

Mr Mike Lightfoot

Managing Director

First National Trustee Company Limited

International House

Douglas

Isle of Man

IM2 4RB

Dear Mr Lightfoot,

Official Complaints Procedure

This complaint is directed against Mr Declan Kenny,  Mr Philip Broomhead and the Company (Trustees)

  1. During the many years of employing the Company there has never been an employee attend any General Meeting of the Club or Committee.
  2. There was a very important meeting of the Club, an AGM held in June 2015 that involved the ratification of the Termination of the Management Contract between the Club and Wimpen/Onagrup.  Mr Kenny was expressly asked to send a representative to this meeting and failed to do so.
  3. The Management Contract was terminated at the Committee Meeting held on 31 March 2015.  This was recorded in the minutes and confirmed by letter from me as Chairman on the same day.  Copies of the minutes and letter are with yourselves.  I spoke to Mr Broomhead,  informed him that I had been elected as Chairman and that we had terminated the Management Contract.  In answer to my question Mr Broomhead informed me that as Chairman I would take responsibility for the common Parts.  This is known as “The Development Owners Association” and sometimes referred to as “Comunidad”.  To date, I as Chairman have not been handed the necessary authority to control the Common Parts by FNTC.
  4. During a meeting with Mr Broomhead, in front of the solicitor acting for the Committee, Mr John Hughes, Consultant, Shakespeare Martineau in Birmingham, Mr Broomhead accused myself and Carol Parkinson (a Committee Member) of lying and actively came to the defence of Onagrup/Wimpen.  There was no justification given other than Wimpen/Onagrup had told him a different story.
  1. Mr Kenny met with the Committee on 13 October 2015.  He promised to open an Escrow account and instruct Onagrup/Wimpen to place all monies belonging to the Club into this account.  This he has failed to do.
  2. At the meeting on 13 October Mr Kenny agreed that the contract with Wimpen/Onagrup had been terminated and he would help the Club in any way he could.  Specifically he agreed that if Wimpen/Onagrup continued to prevent proper access for the Committee to the Club Database (Member Register) then he would allow the Committee to use the FNTC Database.  This he did on one occasion but subsequently refused further access.  This will be detailed later.
  3. At the meeting on 13 October Mr Kenny agreed to ensure that the Club took control of the Common Areas (The Development Owners Association) by giving the votes held by FNTC in respect of Escrituras to the Club Chairman.  This was to be used to replace Mr Pengelly (Onagrup employee) as the President.  For information:  The DOA controlled the Club by holding the bank account and employing all Resort staff.  This position also controlled the appointment of an Administrator, a requirement in Spain.  Mr Kenny has subsequently refused to do this.
  4. Rather than support the Club in removing Onagrup/Wimpen as per the Constitution and democratic decisions reached at an AGM Mr Kenny has openly stated that the best thing for the Club is for Wimpen/Onagrup to continue running things.
  5. A meeting was held in Barcelona between myself, representatives from Onagrup and Mr Broomhead.  The meeting was to see if there was a way forward that could be negotiated to bring this situation to a mutually agreed conclusion.  During this meeting I quickly gained the impression that Mr Broomhead was acting more of a Solicitor on behalf of Onagrup than assisting me in any way.  Mr Broomhead interrupted me on several occasions saying that I had no right to discuss issues (an example of this was around the DOA)
  6. On the one occasion that Mr Kenny sent out a mailing for the Committee there were substantial amounts of mail that was returned.  This included:

Gone away 6 years ago

Undelivered not known at this address

We sold our weeks 10 years ago

We have not owned at Los Claveles for many years

 This will of course mean that many legitimate members were not contacted at all.

 It is the duty of FNTC to keep accurate Member Records.  This is a falling of FNTC

  1.   Mr Kenny and Mr Broomhead have threatened to call a meeting of the Club without

       the consent of the Committee.  They have threatened to actively support the sending

       out of information on behalf of Wimpen/Onagrup although their services had been

       terminated in order to encourage re-instatment and to undermine the Committee.  

       FNTC have no authority to do this

  1.   Mr Kenny has refused to supply the Club (through me Chairman) address labels                Members so that the Chairman and Committee can communicate directly.
  2. Mr Kenny has refused to supply me, as Chairman and the Committee a list of Members and weeks owned.
  3. Mr Kenny has refused to supply a list of all Cancelled weeks that are the responsibility of the Club Committee.
  4. Mr Kenny has refused to supply documentation to prove the validity of Founder Members.  This should have transferred when FNTC took over the Trusteeship.
  5. FNTC is in breach of the Deed of Trust 1.3 stating that they must accept the decisions conveyed to FNTC by the Chairman without right of challenge.  This has been ignored.  (I as Chairman have been ignored).
  6. As Chairman I called a Special General Meeting of the Club (This took place on 16 January 2016 Minutes will follow shortly).  I sent the papers for the meeting to Onagrup, as they had control of our Member Register and instructed them to be sent out without any delay.  It was some time later than Mr Broomhead emailed me and said that Onagrup will not be sending out the papers as the SGM was illegal.  

Mr Broomhead supported this stance without any authority.  Another example of Mr Broomhead appearing to be working for Onagrup.

  1. Onagrup/Wimpen have refused to pay legitimate Club legal expenses and also Committee Member expenses.  This stance has been supported by Mr Kenny and Mr Broomhead who have said that Onagrup will pay these when I, as Chairman, sign a new contract with Onagrup.  Blackmail on behalf of Onagrup by FNTC obviously working closely together against the interests of the Club, Committee and Committee Members.
  2. On 23 May 2012 an agreement was signed By Mr Pengelly (an Onagroup employee) on behalf of the Club Committee with Hutchinson.  This agreement transferred the Trusteeship from FNTC to Hutchinson.  This contract was a result of an earlier AGM decision and substantial notice being given to FNTC.  The delay in transferring all documentation by FNTC is unacceptable.  As recently as last week I am informed by Hutchinson that Mr Kenny is refusing to accept their calls and enquiries regarding this matter.  It is my belief that this delay is deliberate by FNTC in order for them to continue supporting the activities of Onagrup against the wishes of the Club.  This transfer must take place immediately.

Mr Lightfoot,  unfortunately these points only highlight the main issues.  There are other examples but I believe you have enough to be going on with.  I am enclosing minutes of Committee Meetings held on 31 March, 27 July, 1 September 2015 and 5 January 2016.  You will of course have access to all the emails received by Mr Kenny and Mr Broomhead from myself and Carol Parkinson and their replies.  May I also ask that you look at the emails between  FNTC and Onagrup/Wimpen.  I hope that you will agree to safeguard all the emails in the event they are required by a regulator or Arbiter should this matter require progression.

Thank you for considering this matter

Yours sincerely,

Albert E.J. Fletcher

Chairman

Club Los Claveles

So there we have it, what I believe to be the truth in this sorry tale, it is certainly one of David Versus Goliath.

Inside Timeshare urges all owners or club members not just from Los Claveles, but all timeshare resorts to stand behind them and give whatever support you can. It may be you next!

If any readers know anything about crowd funding, which could help the beleaguered committee to raise the funds to fight this, either contact Inside Timeshare and we will pass it on, or contact the committee members direct.

crowd funding

YOUR SUPPORT IS ESSENTIAL!

 

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Trustees: Independent or Part of the Problem?