98 Bleak Hill Road
B23 7BT UK
Tel: +44(0)121 350 3326
Fax: +44(0)121 350 3326
|Mr G Castro|
Managing Director WimPen
Gran Azul, Locales 12 a 17
Avda. Playa de Paraiso
38670 Adeje, Tenerife,
Tenerife, Canary Islands
|9 March 2018|
|Dear Mr Castro, |
Re Membership Certificates
You will know that WimPen were unsuccessful in their appeal in Scotland against the Arbitrator’s decisions made in July 2017. This means that the Arbitrators decisions remain and the Club Committee are legally appointed. Also the Club General meetings held were legally convened.
On 22nd April 2017 at a Special General Meeting significant changes were made to the Club Constitution. In particular changes were made to clause 10 of the Constitution that relates to Membership Certificates. It now reads:
10.1 Any person (not under 21 years of age) may apply for and be admitted to membership of the Club. A person shall include an incorporated company or body and persona may purchase in joint names in which case they shall both apply for membership.
10.2 No person or persons shall be registered as a holder or holders of a Membership Certificate or be entitled to the benefit thereof unless he/she or they shall be a Member or Members of the Club.
10.3 The Committee as provided in Clause 9 hereof and the granting of ordinary memberships by the Committee in respect of each of those Membership Certificates the Committee shall have power to admit applicants to membership.
10.4 In the first instance the Committee as initial holder of all unallocated Membership Certificates (as provided in Clause 9 hereof) shall procure the issue to Members’ Membership Certificates. Thereafter Membership Certificates may be transferred from current Members or the representatives of deceased Members in accordance with the relevant provisions of the Constitution.
10.5 Membership of the ordinary Members of the Club shall cease on the occurrence of any of the following events: –
(a) the transfer of a Member’s Membership Certificate subject to the transferee becoming a Member of the Club; or
(b) the cancellation of a Member’s membership in accordance with the subsequent provisions of the Constitution; or
(c) termination of the Club in accordance with the provisions of Clause 18 of this Constitution provided always that termination as aforesaid shall be without prejudice to any person’s rights in respect of a Member’s liabilities arising prior to the said determination.
10.6 Any Membership Certificates not issued by, or on behalf of, the Committee as aforesaid to ordinary Members will belong to the Committee as an ordinary Member and it will be entitled to all the rights and privileges and subjects to all the liabilities of being an ordinary Member and Membership Certificate Holder provided that the Committee will not be subject to the obligations attached to any Membership Certificate retained by it in respect of Apartments used for the purpose of maintenance and repair. Without prejudice in the foregoing the Committee will be entitled to let out the Apartments to which such unissued Membership Certificates relate or otherwise to grant rights of occupation to third parties for the duration of the period of such unissued Membership Certificates.
What these facts mean to you is that any sales you have made on or after 31 July 2015 to be legal need to have a Membership Certificate issued by the Committee. Certificates issued by any other body on or beyond this date are not legal. You are selling Timeshare under UK law and we are the legitimate body for Club Los Claveles under this legal system.
I also have to remind you that all delegations to WimPen were removed from WimPen by the Committee in July 2015. This means that from this date WimPen had no authority to issue Club Membership Certificates.
In the light of the above, I am instructing you to send me a list of all the sales you have made and any certificates you have issued on or since 31 July 2015 to the above address. This shall include the Owners names, addresses and any other contact details you have for them as well as who they bought their weeks from.
The Committee need this information so they can re-issue a legal Membership Certificate free of charge and also fulfil our duty to maintain an up to date Members Register. We do not wish to penalise Owners who have been issue an illegal certificate. Any fees you have collected for the transfer of certificates have to be sent to the Committee.
For future sales you need to send details to the above address together with the £100 registration fee made payable to “Club Los Claveles Ltd.” and the Committee will ensure that a Membership Certificate and the latest Club Constitution are issued and details are passed on to the Trustees.
If you fail to carry out the above, as we establish contact with new members, we will put them in touch with solicitors who specialise in Timeshare miss selling.
We are currently undertaking an audit of weeks Owners have told the Committee they have either placed with you as being “for sale” or have “handed back” to you.
You are instructed to supply us with details of both of these groups which includes weeks and villa numbers, owners’ details and what has happened with those weeks. We require this for the period from 31 July 2015 until today’s date. We already have some of this information and need yours for cross checking.
I look forward to receiving the information from you by 16th March 2018.
Chairman, Club Los Claveles