6 February 2022 – Common Sense Decision by Spanish Judge

6 February 2022
You will recall the previous updates and information made available to you via emails, Royal Mail and the Club Members Website. These are the highlights of the recent success in this dispute but for those that require to see the full judgement you can do this on the Club Website via this direct link https://losclavelesowners.eu/wp-content/uploads/2022/08/ARONACourtJudgement.pdf

The Arbitration in Scotland, and the Appeal Judge ordered that WimPen must hand over all property, including money and the Register of Members to Albert Fletcher, Chairman on behalf of Club Los Claveles. Jane Oliphant, an employee of WimPen, and her sister, Denise Neilson, both of whom owned Club weeks in the name of separate companies in Spain and Scotland, took WimPen to court in Spain in December 2016 claiming that the money could not be handed over without the permission of Escritura owners and the DOA because it was a joint account. The case was heard without the Club being notified that it was taking place. The court was advised by WimPen that they did not know how to contact Mr Fletcher and therefore they would act on the Club’s behalf. This of course was a lie as Mr Fletcher was involved with WimPen in a Scottish arbitration at the time and was well aware of my location. To say that I could not be found is an absurdity at the highest level. The matter did not go to a hearing as WimPen settled out of court with the companies represented by Jane Oliphant and her sister. WimPen, not unsurprisingly agreed with Jane Oliphant that they could not comply with the arbitration and therefore could not hand over the Club’s money.

It was almost a year later before we found out that the above matter had been in court, and through our Spanish lawyer, Hiro Bulchand, we applied for the matter to be re-opened. We were successful.

In December 2021 the matter was again in Court in Los Cristianos.

On 26 January 2022 the Judge handed down his judgement. The Judge said that the Arbitration Document had been legalised in Spain. He ruled that the Arbitration decision is relevant and cannot be vacated or altered by a Spanish case. What this means to the Club The judgements of the Scottish Arbitration must now be implemented. This includes WimPen handing over of all money, property, books, financial information, Register of Members and anything else belonging to the Club. I see no reason why this should not include handing over the keys to the Club apartments.
This judgement followed our recent success against FNTC. FNTC also has to hand over the Club’s property, including the Register of Members.

Together, these judgements firmly establish the existing Club Committee as solely responsible for managing the Club’s affairs.
Finally, you will have received invoices and a letter from Snr Castro of WimPen (Onagrup). Please do not be taken in by this. Any money you pay to Wimpen gives them the confidence to extend this dispute. Please do not pay them a penny.
I will write separately giving further details regarding the communications from Snr Castro.
 AEJF Signature

Albert Fletcher
Chairman, Club Los Claveles

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