|7 February 2022|
Mr A.E.J. Fletcher
98 Bleak Hill Road
|Snr G Castro|
President, WimPen Leisure Management,
Calle Los Angeles s/n Planta BJ
Beverley Hills Heights
Dear Snr Castro,
You wrote to me and other Club members, letter dated 31 January 2022. There is only one statement in the letter that I can agree with which is “This is the time to unite Los Claveles and work together as one resort”. In order to achieve this, you and WimPen have to come to terms with the fact that WimPen was dismissed as the Management Company and Administrator of the Club at the Annual General Meeting of the Club in June 2015. Further, the contract between the Club and WimPen came to an end in May 2017.
The reason why there is a long-standing dispute and why Club members have been disadvantaged is because WimPen and yourself refuse to accept that you are no longer the Administrator of the Club, and you have no legal right to undertake the collection of fees associated with Club apartments or undertake any activities that are the legal responsibility of the Club Committee. In order to achieve harmony, you need to come to terms with the legal and moral reality and you must stop acting as if you are still employed by the Committee and Club. You continue to help yourselves to Club funds and to pay yourselves a management fee of €183,000 without legal authority on the basis that you are undertaking services for which you have no contract to provide.
Your argument that Club members must pay into an account that WimPen controls because it pays the wages does not stand up to scrutiny because you have no authority to collect the fees. This is because you are not the Club’s Administrator.
The 2016 Club General Meeting appointed Hiro Bulchand as the Administrator and he has insisted that Club Los Claveles Limited (a company that exists for the benefit of Club members) should collect all fees on behalf of the Club. In your letter, Snr Castro you state, “Today I can categorically state that Club Los Claveles Limited, under which the Club Committee are collecting maintenance fees, is not legally entitled to collect fees nor issue invoices in the name of Club Los Claveles”. This is totally incorrect and is an absurd statement. I direct you to the club Constitution:
11.4 “The Committee shall have power to do all things, indicated in clause 11.5 Hererof, that may be necessary for carrying out the objects of the Club for its general management”
11.5.2 “To make by-laws at any time for the proper regulation of the Club and such by-laws shall be binding on all members of the Club”
11.5.5 “To enter into all Contracts and Agreements which the Committee may deem necessary or desirable in connection with the management of the Club”
In brief, the Club Committee does not employ you to undertake any responsibilities. You have no legal right to prevent access to members wishing to use their week in an apartment. You are aware that this issue has been decided in a Scottish arbitration and a final Spanish ruling is awaited by the Spanish Supreme Court. None of these legal proceedings are desirable but they only exist because of your continued refusal to accept that you should not be interfering in Club affairs.
In your letter you appear to disown FNTC stating that the decision to terminate FNTC as the Trustee took place prior to Onagrup entering the picture. Although you now appear to accept this, you and FNTC have continued to work together and you have continued to pay FNTC fees from the “so called” joint account, even though this is a payment from Club funds. You have, in this dispute sought the assistance of FNTC in propping up your activities, for example, you have asked FNTC not to supply the Register of Members to the Committee and you have used them to try to substantiate the membership of 1,200 cancelled Club weeks that have found their way into companies that you use as proxy votes.
In relation to the DOA minutes. You have seen the minutes I have produced. They are more accurate than those you have distributed. It is very obvious that you are using the DOA, with the support of Mr Barrow and proxy votes of a questionable nature in an attempt to impose your will and secure control of the Club. You know that what you are doing is wrong and you know that this has been challenged in the Spanish Court. You cannot control the Club via the DOA. Please desist. You must also stop using the Club’s Register of Members in order to distribute your private letters. You know that you have been breaching data protection rules for the past 6 years by so doing. A complaint has been registered with the Spanish data protection authority and you risk being heavily fined as a result of this.
Please Mr Castro, accept that you have no right to continue your activities and stop preventing Club members from using their apartments. In this way, you can commit to your statement “This is the time to unite and work together as one resort”.
As your letter has been sent to all Club members I am copying my letter accordingly.
Chairman, Club Los Claveles