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Horror Weekend at Los Claveles

los claveles logo

Over the past week Inside Timeshare has been running the story of the diabolical goings at Los Claveles in Tenerife, things have now escalated to a new level. Carol Parkinson aged 71, was at the resort speaking with another owner at the pool bar, 4 Police officers, one can only guess they were from Policia National, they proceeded to arrest her. This appears to have been orchestrated by the so-called management company Ona Group.

At 1:52pm on Saturday 27 May, Inside timeshare received the following from the Club Chairman Albert Fletcher:

Dear CHARLES

We have a situation.  Carol Parkinson the Club President has been arrested on the Resort by 4 police officers.  She is at the Adeje national Police Station.  She is waiting for an interpreter.  She is accused of Criminal damage but has no idea of what they are talking about.  On Thursday she was assaulted by an Onagrup employee and had a bruise on her arm.  She attended the hospital and made a complaint to the police.  We think that an accusation has been made to get there own back.

Our solicitor is not answering his phone being a week end.  They are threatening to keep Carol locked up until Monday,  why we do not know.

She is in desperate need of an English speaking solicitor at the Police Station.  Can you help with finding one at short notice?

Thanks

Albert

Sent from my iPad

This is a very disturbing turn of events, it is a very severe escalation of the battle going on for control of this resort which is governed by the Owners Committee on behalf of all the members and owners. This is in accordance with communidad rules and the constitution of the club.

The resort for around 25 years was managed by Ivan Pengelly’s company Wimpen, after a management buyout from Wimpy. Los Claveles was a very rare phenomenon in the timeshare industry, being one of the very few where the owners committee worked closely with the management company. In fact there are no known adverse comments or complaints about the resort, which boasted one of the friendliest family atmospheres of any resort in timeshare. As Mac puts it in his email to Inside Timeshare at 5:27pm on 27 May:

Charles,

Onagrup’s dirty business at Los Claveles goes on. The fact that 4 police officers arrived to arrest a 71 year old lady tells us all we need to know what’s going on inside the Spanish establishment on the island. There can be no doubt that it was deliberately done in this way to intimidate her and keep her off the resort.

Pengelly asked owners to trust him over the sale of his business to Onagrup and this is what it has come to. It’s shameful, and he is responsible. He is the President and everything that his Administrator does is in his name. It is a spectacular fall from grace for someone who once had a clean reputation in the timeshare industry.

Regards,

Mac

Sent from my iPad

As we can see from Mac’s message, Ivan Pengelly is still President of the company and the Administrator does everything in his name. We have to wonder how Pengelly must be feeling now, especially as he asked the owners and members to trust him when he sold to the Ona Group, promising that everything would be alright and nothing would change. How wrong could he have been,from one of the most respected reputations in the timeshare industry to one that is now amongst the worst. What a fall from grace!

Ivan Pengelly
Ivan Pengelly in his glory days!

At 16:02pm 27 May the news came in of why Carol had been arrested, it also informs us that on the previous day she was again assaulted by Ona Group staff, taken to hospital and then made a complaint to the police. We can only guess and to be perfectly honest we are probably right that the Ona Group used this and the weekend to counter attack, knowing that she would get no help. In Spain the police can hold a person for 72 hours.

Following is the message Albert sent out:

Begin forwarded message:

From: Albert Fletcher <[email protected]>

Date: 27 May 2017 at 16:02:23 BST

To: (Various recipients removed by Inside Timeshare)

Subject: Carol

Dear Friends,

Carol was arrested by 4 police officers around lunch time today.  She was sitting at the pool bar talking to Graham Holland.  It appears the charge is Criminal damage or assault.

Carol was assaulted on Friday by a man in reception.  She had a bruise on her arm.  She had great difficulty in reporting the incident to the police who sent her to the hospital.  Problems arose and the hospital examination failed and therefore the complaint was never recorded.

This is obviously A false complaint to hide the attack on Carol.  The Police have not taken a statement and the solicitor who was with Carol at the police station advised her to say nothing.

After threatening to keep Carol locked up until Monday they released her on conditional bail, including reporting and keeping away from Los Claveles.  Carol has to attend Court on Monday at 10.00 am.  Carol has not been given details of the allegations other that she has damaged someone’s glasses costing €1,300.  Carol does not know anything about this.

Hiro and other solicitors all have their phones switched off for the week-end and offices are closed.  This was a well timed complaint to the police designed to cause distress and keep Carol off the Resort.  Carol has a witness to the attack on her who will be at Court. Alex is assisting as best he can.

Albert

At least some of the news was good, Carol would not have to spend the weekend in what we know are disgusting conditions of the holding cells.

Looking at Albert’s last email, it is clear this is a total fabrication by Ona Group in their campaign to destroy what was once a thriving club. Anyone in their right mind should be able to see through this, a 71 year old lady with an impeccable reputation being accused of “criminal damage or assault”, is ludicrous at the very least

Inside Timeshare urges anyone who knows an English speaking Lawyer in Tenerife and is in Tenerife to contact Albert, your help is needed. Inside Timeshare has tried, but the weekend is notorious for making contact.

We also ask that all readers share this post on facebook and other social media, and as Irene Parker, Inside Timeshares US partner says:

Will keep them in our prayers

Total thugs

Doesn’t anyone in law enforcement see through this?

Irene.

To Carol and all the committee and members at Los Claveles, you are not alone. Inside Timeshare will keep publishing your news and we all hope that someone within the National Police comes to their senses and puts a stop to the thuggery of the Ona Group. To Ivan Pengelly, we say shame on you, it would seem you were bought off, reputation is worth more, you have destroyed yours.

 

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

First National Trustee Company Limited

International House

Douglas

Isle of Man

IM2 4RB

Dear Mr XXXX,

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.
    1. 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.
    1. 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.
  1. 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.
    1. 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.
    1. 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.
    1. 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.
    1. 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)
  1. 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 xxxx,  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!

Los Claveles: Is This a Return to the Bad Days of Timeshare in Tenerife?

Trustees: Independent or Part of the Problem?

Diamond in the News Again.

Yesterday 23 May 2017, Canarian Legal Alliance announced another sentence passed from the Courts in Tenerife. The company in this instance is Diamond Resorts Tenerife SL, which was the sales company selling Diamond products in Tenerife.

In this judgement two contracts have been declared null & void, the first was a purchase in 2008 which came under the Spanish Timeshare Law 42/98. In this case it breached the law regarding the points system, which like floating weeks has no actual object to the contract.

The second contract was signed in 1998, so the timeshare law could not be applied, although the lawyers from CLA asked for the nullity by the civil code for the lack of object of the contract (points system).

There were also other infringements of the law which were:

  • The contract was in perpetuity;
  • There was a lack of information in the contract;
  • The withdrawal period was missing along with various other points.

In this case the client has been awarded over 28,000€ plus legal interest.

PDF of Court Sentence. (click to open)

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Another case they announced on 22 May, was that Holiday Club Finland (based in Gran Canaria) have been ordered to pay back the client over 36,000€ and the contract declared null & void.

Once again the Court of First Instance at Maspalomas, Gran Canaria, followed the Supreme Court rulings that deposits taken with the cooling off period illegal. In this instance the client had paid almost the whole amount within the 14 day period, the court ordered that to compensate the client the company had to pay back double the amount received.

As this article was being prepared, CLA announced another case from the Tenerife Courts, this was against that old adversary Silverpoint.

The judge in this instance found many infringements in the contract contrary to the timeshare law. Again the contract was declared null & void with the return of over 24,000€ plus legal interest.

It would seem that the lower courts are following what the Supreme Court has laid down to the letter and according to our information there are many cases still waiting to be heard.

Inside Timeshare also issues this warning, there are many firms being set up purporting to be lawyers, using these cases as a basis for duping the unsuspecting. Not every owner has a claim, with many of these dubious companies stating that they do, then all you end up doing is paying a fortune only to find the company then disappears.

If you want to know if you do have a legitimate claim contact Inside Timeshare we can check this for you. If you have been contacted by any company saying that you have a claim or that your timeshare company has been taken to court, found guilty and there is money waiting for you, then let us know before paying any money.

Be informed and stay safe, in the end you will save yourself thousands, as we always say:

homework
Now for another article from across the great lake, once again Diamond are in the frame!

Another Polo Towers Diamond Misadventure!

Not Las Vegas Again!

Result

By Neina Orrillo May 26, 2017  

It’s hard to believe a fun trip to Las Vegas can turn into a financial disaster – all over a vacation plan! After reading David Franks article about his plunge into the abyss of an eternal timeshare sales presentation, I decided to tell my story too, hoping to warn others to beware of the bait! When Diamond Resorts says “STAY VACATIONED!” they mean it in a way not expected.

I ended up at Polo Towers in Las Vegas at the presentation because I was using a “Sampler” package I had previously purchased. My niece had a dance competition so we decided to use the timeshare to stay in Vegas with our family. Since the Sampler is a trial presentation I was told I had to attend a sales presentation.

We listened to a vacation plan that was out of this world. It sounded as if it was too good to be true. It was. I fell for it, but I know I am not alone thanks to our member sponsored Diamond Advocacy Group.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

We signed up and we are living to regret it. Here is what Diamond sales agent, Janine Viraga, told us:

The timeshare would be tax deductible like mortgage interest, and the deal is so great if she wasn’t already an owner she would take the deal she was offering me.

We would receive a “free” trip but it turned out I had to pay $1000 before I could even book the trip!

I should and could easily get a personal loan like a home equity loan to refinance it to reduce the 14% Diamond interest rate.

The interest rate on what Diamond financed would be no higher than 13.99% when it turned out to be 15.99%.

When I said I wanted to take the offer back to my room and think about it, she told me that if I left before buying then she could not offer me the deal I was getting.

Here is what timeshare buyers should know that I didn’t know:

Know your cancellation period. I was never told of the 5 day cancellation policy.

I didn’t have the money for a down payment so she “talked to her manager” who decided they could put the down payment on the Diamond Barclaycard credit card and finance the rest so double interest charges.

Go to complaint sites and Advocacy sites like our Diamond member sponsored Advocacy Facebook before you buy to see how many complaints there are relative to other timeshare companies. Most car shoppers and home buyers don’t buy the first car or house they see. They comparison shop.   

Learn about availability issues. I have a hard time using the timeshare because everything is always booked. I am a nurse anesthetist, so I am not retired and cannot travel as spontaneously as someone who is retired.

We ended up buying 7,500 points for $29,305 and the balance on our loan is financed at 15.99%. Through our Advocacy Group I learned Diamond is the only major timeshare company that can’t be listed with a member of the Licensed Timeshare Resale Broker Association because the 64 members feel the restrictions Diamond places on the use of points purchased on the secondary market is more restrictive than any of Diamond’s major competitors.

When I contacted Diamond’s Advocacy Department after filing a formal complaint I was told, “Well, you signed the contract.”

I realize now I have joined a growing list of timeshare consumers who know we were sold by deceit, concealment, violation of trust and “bait and switch”.

It’s time timeshare members organize to stop predatory and aggressive timeshare sales and lending.

My Advice:

Consumers need to do their homework and don’t sign anything on the same day!

Stay Strong!

Bullying

Thank you Neina for your contribution, your voice has been added to all the others.

stop press2

As we were about to publish this last piece of news just arrived.

Following Yesterday’s article on “Clarity”,   one families story that was highlighted by Irene Parker,  has had a successful outcome.

 

Your voices are being heard, some of these companies are taking notice. One voice is never heard, but coming together they get louder and stronger.

To those owners at Los Claveles, take heart from this, your voices will be heard above the lies, deceit and bullying of the Ona Group. You have many supporters, all it takes is them coming together.

together 1