4 May 2018 – Post 2018 AGM Update

It will take a little while to produce the full minutes from the meeting held on 28 April 2018 but I am aware that members who were not in attendance would appreciate the bullet points.

The meeting started on time at 1100 hours.

Registration was dealt with efficiently even though there were some troublesome moments. I take the opportunity to explain these difficulties:
It was a requirement that everyone attending should complete fully a registration form, this included those who had nominated someone as their proxy. This was to validate the information that the Club had and to update records where information had not been available or needed clarification. In 99% of cases there was full cooperation.

The Committee had previously, with the support of a members’ meeting, suspended the membership of WimPen, associated companies and employees. Just prior to the meeting this was challenged by WimPen by their new solicitors. The original WimPen solicitors had been dismissed. The registration staff held firm on the suspensions and did not allow those votes to be registered.

What is interesting is the information that has only just come to our attention. Copies of Certificates and schedules of ownership were sent to the Club just prior to the meeting by Jane Oliphant, the WimPen Administrator that has taken over from Ian Crane. Jane Oliphant sent documents claiming a total of 1,201 votes (you will recall at the 2015 AGM WimPen claimed 176 that they cast in favour of awarding themselves a new contract).

Documents submitted by Jane Oliphant (WimPen) have now been checked against known previous records. It has been found that the “Cancelled Weeks” which belong to the Club have been allocated or sold to various companies by WimPen. You will know that we reported earlier that Certificates issued by WimPen since 1 August 2015 are not legal. This is because the Constitution states that Certificate have to be issued by the Committee.

The weeks owned by the Club have been handed over to the following companies:

* Euroesc SL This is a company with one shareholder, Jane Oliphant. They have 80 weeks belonging to the Club. Transferred February and September 2016

* Construction Financial Services Ltd. The registered shareholder is Denise Neilson. This company is connected with Jane Oliphant of Euroesc SL. This company has 101 weeks belonging to the Club. All transferred in June and September 2016

* Wosemey Services Limited. This is a company bases in Cyprus and the shareholders are Buzlina Services Ltd and Totalserve Management Ltd. All based in Cyprus. They have 35 weeks which are the property of the Club. All transferred on 4 July 2016.

* International Group Hotels and Resorts. This is complicated as there are two companies with the same name. One company in the UK was compulsory struck off in 2017. The other company is Spanish. It is possible that they are the same organisation. They have 211 weeks belonging to the Club. Mostly transferred on 5 September 2016

* Sirensis SA. This company is based in Luxembourg. The shareholders list is not available to us. This company has 56 weeks owned by the Club. All transferred on 6 July 2016

* Intergroup SL. This is registered in Andorra and information is hidden. We have found that Intergroup’s trading arm is Global Group Hotels who are the timeshare sales company at Ona Cala D’Or Ogisaka Gardens. Global Groups former name was Resort/Eurotel Group who claim they own the same resorts as Onagrup. They have 148 weeks the property of the Club. All transferred on 5 September 2016

* Fenor Sarl. This company is still being investigated. We do know that 51 weeks belonging to the Club were issued to them by WimPen on 30 March 2017.

The information we now have also suggests that WimPen have transferred a considerable number of weeks from Escritura to Club weeks by the use of Power of Attorney. The Spanish Consulate in London have been dealing with these Power of Attorneys on a regular weekly basis.

At a court hearing in Scotland the WimPen barrister claimed that WimPen owned 50% of the Club. We suspect that this is why their solicitors may have been sacked. Quite clearly WimPen have issued illegal certificates to all the above and transferred weeks that belong to the Club. My view is that this is theft on a grand scale and those people signing the certificates may well be looking at a custodial sentence. It would be necessary for FNTC to record all these transactions. You may wonder why they do not wish to pass the records to the new Trustee. We believe the Certificates are signed by Sr Castro and Jane Oliphant.

Moving on from Registration

The Committee Report was approved overwhelmingly. This gave support and justification for all the actions that had been taken. 

The minutes were overwhelmingly approved giving support for all the actions taken at the previous meeting and previous to that meeting.

Mac Farquhar was elected to the Committee unopposed. Mac will be a great asset to the committee even though he has been supporting the Club for the last 3 years. Ann Burston and her husband Richard were thanked for their outstanding contribution to the work of the Committee.
The Resolution to change the Club to a Company and for the Committee to make any changes to the Constitution was agreed with the necessary two thirds majority (In fact it was well over a 75% majority)

The resolution to give the Chairman the authority to cast all the Club votes at a meeting of the DOA was overwhelmingly supported.

I would like to thank all the members who participated but especially those that were there on the day, another full room. In particular I gave thanks to:
Frank Westfield for the enormous amount of work on the owners’ website and his wife Pauline who gives a lot of assistance.

To my wife Rachael for the work on the registration, reminding me of things to do and generally putting up with me working on Los Claveles issues.
The following were in attendance and gave clarity on many issues:

* Mr Paul Motion, Partner BTO solicitors in Scotland
* Sr Hiro Bulchand, Administrator and solicitor in Spain
* Salvador Garcia, ex Manager of the Resort who won his Tribunal for unfair dismissal by Mr Pengelly.

There is now much to do but with your continued support the Committee feels invigorated.
 AEJF Signature

Albert Fletcher
Chairman, Club Los Claveles Limited

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