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.

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.

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 carol.parkinson@ntlworld.com

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

11.   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

12.   Mr Kenny has refused to supply the Club (through me Chairman) address labels                Members so that the Chairman and Committee can communicate directly.
13. Mr Kenny has refused to supply me, as Chairman and the Committee a list of Members and weeks owned.
14. Mr Kenny has refused to supply a list of all Cancelled weeks that are the responsibility of the Club Committee.
15. Mr Kenny has refused to supply documentation to prove the validity of Founder Members.  This should have transferred when FNTC took over the Trusteeship.
16. 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).
17. 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.

18. 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.
19. 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.

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?

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