3 December 2017 – Chairman’s Communication on Social Media Reports

Chairman’s Communication, 3 December 2017
Social Media Reports
Dear Member,

Most Club Members will have realised by now that I am not a user of Facebook or other social media platforms.  However, I am not immune to their effects on the Club.The Text of Paragraph One Goes Here.  Members should continue to pay their maintenance fees to the Club, not WimPen, and are encouraged to make payment as early as possible.

The problem I have with social media is that anyone can say almost anything they like.  Their remarks could be totally untrue or misleading and there are no repercussions for them as individuals.  At the same time their remarks could be damaging to the Club or other Club members.  I am aware of some comments on social media as members have requested that I comment.  Whilst I do not have the time or inclination to respond to these individually I feel that I must remind some owners who are putting harmful remarks on social media as to the true facts.  This I have chosen to do via the official owners’ website.  The official owners’ website is where all the facts and truthful statements from the Committee can always be found.

1. There is no official opposition to the Club or the Club Committee.  Roger Barrow and Marilyn Fry are self-appointed opposition leaders.  Both are personal friends of the Pengelly family and have admitted being in contact with Onagrup.

2. The Fry’s are members of the Club but I have not seen any evidence of Mr Barrow being a Club Member. 

I do not have a problem with anyone expressing a view but it is wrong to give out untruthful messages that can harm the Club and thereby harming the Resort.  I am not  going to identify each and every comment but I feel the need to remind everyone of some key facts.

* Mr Pengelly sold his company, WimPen to Onagrup.  The Club was not happy with Onagrup and their contract was terminated by the members at an Annual General Meeting. 

* At the AGM Mr Pengelly accepted that the Club had terminated the contract but the Escritura did not.  Mr Pengelly said “There will have to be two Administrators and he and Mr Fletcher would have to sit down and decide how this would work”.  Shortly after this Onagrup refused to relinquish control.  Onagrup refused to hand back the Club Member Register and assets of the Club.  Onagrup under the name of WimPen refused to separate the account where they had kept Escritura and Club money together.  The Club received Spanish legal advice which was that it was illegal to have combined the finances of separate entities.  Onagrup continued to refuse to relinquish control.  The Club was forced to instigate the procedure in the Club Constitution which was Arbitration.  Onagrup/WimPen  agreed to participate and raised their own complaints as part of the procedure.  After a very long process (too long, as Arbitration is supposed to be quick) the result was published.  WimPen sent a letter to Club members, by illegal use of the Club Member Register, stating that they had won the Arbitration.  Three weeks later Onagrup appealed to the Court of Session in Scotland (equivalent to the High Court in England).  The Club did not win everything but the Club did win sufficiently to be given back the    control of the Club and assets.  The final Appeal Hearing will be heard on 15 December 2017 in Scotland.

* Perhaps I need to remind everyone that due to time moving on, the last three year contract with WimPen finished on 3 May 2017.  Arbitration is now somewhat irrelevant as WimPen/ Onagrup no longer have any contract with the Club.  Onagrup have chosen to ignore this fact and continue to refuse to hand the Club’s assets over to the Club.  They continue to ignore the fact that the Club appointed Hiro Bulchand as the Spanish Administrator.

* Since 3 May 2017 WimPen/Onagrup have illegally continued to send out invoices to  members demanding that they be paid.  They have threatened members with being suspended from the Club knowing that they have no power to do this.  They have threatened and intimidated members on arrival at the resort.  Your President, Carol Parkinson was refused access.  False allegations were made against Carol and myself.  Carol was arrested and held in a cell.  She was forced to return to Tenerife for a Court case where the charges were thrown out.  Club members who refused to pay WimPen/ Onagrup had their electricity and water turned off.

* At the very start of this process Mr Pengelly informed me that Onagrup would use all their resources to starve the Club of money so that the Club would not be able to challenge them in the Courts.  This has been their policy so far.

* The Frys, the Barrows and their followers (not many I am pleased to say) are saying that we should ignore all of this and give WimPen and Onagrup another contract.  I suggest that logic would dictate otherwise.

* Unfortunately I expect someone will say this report is emotional, however I can only state that the facts speak for themselves.  The message is: Do not believe everything you see and read on social media and please do not ask me to comment on them.

I encourage all owners to get into the habit of visiting the website on a regular basis and especially when prompted to do so by email. It remains a concern that there are still owners who have either not registered on the website, registered but never visited, or have visited but not updated their contact details, and who rely solely on social media for information. If you are one of these owners, please make a point of addressing this now so that our whole community is well informed and well protected against inaccurate or misleading information. 
Your Chairman,
 AEJF Signature
Albert Fletcher
Chairman, Club Los Claveles

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