|Chairman’s Update – 31st May 2017
|The past few weeks have been the most depressing of the two and a half years since the dispute with Onagrup/WimPen began. We anticipated some difficulties for owners arriving after the end of Onagrup’s disputed contract with the Club ended on 2nd May. Carol Parkinson went out to assist owners through the process, arranging alternative accommodation for those who did not wish to pay Onagrup its unlawful demands for maintenance. None of us could have envisaged the aggressive words and actions faced by owners seen as ‘uncooperative’ by Onagrup staff. Nor did we anticipate that Onagrup would employ armed security guards to prevent owners from occupying their villas. The physical and verbal aggression directed to owners, and Carol, has appalled us all and shows exactly what sort of organisation Onagrup is – should we have had any earlier doubt.
To make matters worse the justice system in Tenerife seemed to be letting us down with Carol being arrested twice following spurious allegations made by Onagrup staff when she was in fact the victim of crime. On Monday 29th May Carol attended court to face the latest charges accompanied by 3 owners who had witnessed what had happened. Carol’s counter claims of assault were heard and investigations took place regarding attacks on Carol by Onagrup staff but have gone nowhere. The case returned to court on Wednesday 31st May and there is a further hearing on 14th June. As well as added stress for Carol, and the other owners concerned, there is even more expense to pay for the legal support. The consulate is following the case and has been supporting Carol. Myself, the committee, its support team, and especially Carol, would like to thank owners for all of the messages of support for Carol via email, phone calls and Facebook.
Our other frustration is that we are still awaiting the final decisions of the Arbitrator, which we are expecting any day. I must say again that we have NO control or influence over this however, the Arbitrator has been made aware of recent developments. The delays have been the justification by Onagrup for continuing to collect maintenance fees when it is our view that its contract ended on 2nd May regardless of arbitration outcomes. We have no guarantee that Onagrup will abide by decisions of the Arbitrator if it does not like them. It has failed to comply so far by refusing to pay the Club €125,000 of our own money to pay legal fees or hand over the Members’ Register to the Club. If it continues with this behaviour the Club will have to take further action against Onagrup in Spain to enforce any orders. Hopefully everyone will now see that we MUST see this through or the bullies will end up with our resort for virtually nothing.
Whilst there is more positive news following Monday’s court case involving Carol this has come at a cost. As does the legal attempts to stop the Onagrup ‘steamroller’ that wishes to acquire our resort, preferably for only a notional cost to itself. Although we have had a lot of understanding and some financial leeway from our solicitors, there remains legal costs that have to be paid ‘up front’ or we don’t get the service we need. These have depleted our legal fund and we now have Carol’s additional legal representation to pay for. This is money well spent, I’m sure you will agree.
We hope that we will have a positive conclusion to the arbitration proceedings soon but as I have said, another fight then begins to enforce any rulings in our favour in the Spanish courts if Onagrup does not accept them. If we are to continue we must have your financial support now. This can be done in a number of ways – by paying your maintenance fees to the Club in advance as well as making donations or a loan, which will be refunded ‘with interest’ against future maintenance when we regain control. If we don’t receive financial backing we will lose after all we have put into this fight. To make a loan contact Dave Samuel email@example.com or to make a donation contact Richard Burston, firstname.lastname@example.org. All of the details can be found on the owners’ website under the ‘Committee’ tab > Action Group.
We are now getting publicity for our situation following many press releases being sent to media outlets by the committee and individual owners. ‘Inside Timeshare’ is following the story and reporting on it regularly http://insidetimeshare.com/los-claveles-battle-goes/. If you have any contacts with any media outlets please feel free to inform them of the current situation and give the contact details for Club Committee Member Roger Lindsay email@example.com, UK +44 1874 731124 / +44 7399 280302, or Carol Parkinson, firstname.lastname@example.org +44 7931 778886.
Please continue to support your committee and fellow owners in any way you can.
Chairman, Club Los Claveles