UK Financial Ombudsman and Spain’s largest bank, Santander,
backs Club Los Claveles Committee and Owners on Section 75 Fraud Allegations
Allegations of “fraud” against the Club Committee, and owners who reclaimed credit card payments under Section 75 of the Consumer Credit Act for second illegal payments demanded by WimPen/Onagrup in order to gain access to their villas, have been made repeatedly by Mr Barrow, purported President of the Los Claveles Development Owners Association and members of his ‘Independent’ group of Los Claveles owners.
The Committee and individual owner actions have been totally vindicated through a series of court judgments (both in Spain and the UK), the decisions of numerous credit card companies, and now the Financial Ombudsman and Spain’s largest bank Santander.
• An Arona Court judgment of 10 December 2018 which ruled that WimPen/Onagrup was wrong to both deny entry and demand a second payment of annual maintenance fees from owners who had already paid their fees to the Club, as per the Constitution.
A redacted version of the Arona Court Judgement is available to view here
• A Bristol County Court judgement of 2 April 2019 which dismissed the claim by an owner, supported by Mr Barrow, for the return of the maintenance payment he had made to the Club in order that he could pay WimPen/Onagrup who were otherwise refusing to allow the owner to occupy his villa. In dismissing the case, the Judge advised the owner that he should have taken his legal action against WimPen/Onagrup, not the Club.
• The Financial Ombudsman upheld a complaint from a Club owner against MBNA Bank for twice refusing a claim to refund second payments of maintenance fees made by credit card to WimPen/Onagrup
• Finally, Santander Bank has just refunded £1770 for the maintenance fee plus illegal late charges to a Club owner who paid WimPen/Onagrup’s second illegal charge by credit card on two occasions in order to gain entry to his own villa. A redacted version of Santanders’ letter to the owner is available to view below
In refunding, Santander joined the many, many other credit card companies, and the Financial Ombudsman, who disagreed that the committee was inciting fraud and refunded our owners for the illegal demands made by WimPen/Onagrup.
To be fair Santander was a tougher one to crack but they finally made the refund when the Committee intervened by sending a copy of the translated Arona Court judgment of 10 December 2018 which ruled that WimPen/Onagrup was wrong to both deny entry and make a second charge.
It is significant that both the Financial Ombudsman and Santander made this decision to refund the Club owner in full awareness of Wimpen/Onagrup’s appeal of the Arona Court judgement of 10 December 2018 which is being made on complicated technical grounds about the legal rights of both parties.
WimPen/Onagrup and Mr Barrow are keen to quote that no final judgements have been made in the legal cases that WimPen/ Onagrup is currently pursuing against court orders that have been made against them in relation to Los Claveles. Their arguments clearly carried no weight with the Bristol Small Claims Court, the Financial Ombudsman and now with Santander, the largest bank in Spain.
If you are one of the few owners who have an outstanding Santander claim, or indeed any other credit card claim, it is now time to reopen your case using the Arona judgement to support your appeal.
We can assure those owners who were concerned that Section 75 claims were costing the credit card companies money that they need not worry because the next stage following a refund is that the credit card company claim the illegal charge back from Wimpen/Onagrup.So a ‘win win’!
So, Club members, we have had lots of good news recently to affirm that the Club Committee is acting honourably and is right on-stream to prove the mal-intent and malpractice of WimPen/Onagrup and their supporters. Inch by inch in the courts and in allied ways we are demonstrating WimPen/Onagrup’s appalling and illegal treatment of Los Claveles Owners who have been caused financial and emotional stress and distress by their actions.
Next step – action for slander against those individuals who directed allegations of fraud against our Club President Carol Parkinson!
Club Los Claveles Committee
6 August 2019