Ernest Wilson

[lincoln lady]

Re: Ernest Wilson Debt

hi mad spaniel, we've been chased and harrassed by these people( ernest wilson) who said they would sell our shop but were never given a copy of anything, after 6 mths with no interest we wrote to them said we were taking it from them and then we sold it at auction, they now are saying they will take us to court for nearly £5k in fees and commission they said we agreed to pay them , can you offer any advice or help please

[lincoln lady]

Re: Ernest Wilson

did you get anywhere with the police we have these people on our back ??

[EW Client]

Re: Ernest Wilson

Turner Butler, another business transfer agent, has been heavily criticised by a judge for its trading practices: http://www.mirror.co.uk/news/uk-news...aw-can-5019293

This gaping loophole can leave a firm that’s already hard-up facing a huge bill for a moment’s poor judgment, as two businessmen here have discovered...The judge could hardly have been more scathing about the contract that Marc Oratis was hoodwinked into signing.
Yet at the time Mr Oratis thought he had nothing to lose when he put his struggling firm on the market.
After all, business transfer agents Turner Butler advertised their services with the promise “Guarantee No. 1 – No sale no fee”.
Turner Butler valued his winter sports business Edge2Edge at £245,000 but a year later no buyer had been found and it was put into liquidation.
At this point, Turner Butler claimed the small print in the contract meant that Mr Oratis owed them £12,000.
Mr Oratis refused to pay and was sued in Chichester County Court, West Sussex.
Shaun Sweeney was the Turner Butler managing director at the time and he told the court that Mr Oratis had signed the contract to say he understood the conditions.
“It was a two- page, simple document,” he maintained. Mr Oratis, 54, retorted that the contract was “confusing and *ambiguous”.
Deputy district judge Christopher Cagney agreed, highlighting one clause of “over 300 words set out on 25 closely typed lines without any punctuation”.
He went on: “The very small print can certainly constitute a trap for the unwary.”
There was, on one hand, the clear promise of “no sale – no fee” while on the other the contract detailed “many instances where commission would be payable even if there had been no sale in the ordinary course of the meaning of that word”.
The judge declared that if Turner Butler had been dealing with a consumer then he would have ruled that it was not acting in good faith.
And here’s the crux.
The regulations that protect consumers from unfair contracts were of no use to Mr Oratis because the law does not consider him to be a consumer.
The law treats him in the same way it would deal with the chief executive of a PLC with its own team of in-house lawyers.
It’s a ludicrous position because, while Mr Oratis is an expert on ski equipment, when it comes to business sales contracts, he’s hardly any more expert than the consumers in his shop. Perhaps inadvertently, the barrister for Turner Butler, Nichola Rushton, hit the nail on the head when she said: “This was a business contract, my clients were under no *obligation to advise him on the terms of the contract.”
In law she might be right but morally this stinks.
The Turner Butler sales rep who persuaded Mr Oratis to sign that contract had presented him with a huge over-valuation of his *business.
The judge called the sales rep “evasive” and made it plain that the contract itself was unfair and unclear.
But none of these factors helped Mr Oratis defend himself against being sued because he’s not a consumer.
As it happens, he did win the case and Turner Butler has been ordered to pay him costs of more than £1,000.
But he won only because his business collapsed and its assets were sold by the liquidator.
Because of this the judge ruled that Mr Oratis was not liable for the penalty clauses in the contract.
Had the business not been liquidated, he would have been landed with that £12,000 bill.
“I am delighted,” Mr Oratis said after the case.
“They did not sell my business, so why should they receive a fee?
“I was relying on the ‘no sale, no fee’ advert and their integrity as a business transfer agent to explain their terms.”
But, as he found out, Turner Butler had no obligation to explain anything because he’s not a consumer.
That cannot be right.

[Amethyst]

Re: Ernest Wilson

The law treats him in the same way it would deal with the chief executive of a PLC with its own team of in-house lawyers.

and that is something needs to change. We've argued that before.

I think there is moves in that area with the Consumer Rights Bill - it's certainly been discussed a fair bit.

[EW Client]

Re: Ernest Wilson

I was having a chat with a financial advisor the other day and happened to mention the issues with Ernest Wilson. Unprompted, he asked me "oh, did they say they had a buyer but they were really just after the marketing fees?"

Their reputation precedes them, it seems...

[EW Client]

Re: Ernest Wilson

Powys Council is now responsible for regulating estate agents - http://www.powys.gov.uk/en/licensing...ncy-standards/ - and they can be emailed with any complaints or concerns at estate.agency@powys.gov.uk.

[EW Client]

Re: Ernest Wilson

Ernest Wilson's newspaper ads were mentioned earlier - I've tried to find an example in the local papers with the largest circulations in this area (Yorkshire Evening Post, Telegraph & Argus etc.) but with no luck so far - has anyone actually seen one of their newspaper ads?

[Midlands bloke]

Re: Ernest Wilson

Hi ew client. I tried a search on line but was unsuccessful in finding any type of ad tbf. Have you tried contacting cebta as advised by my self in an earlier post ?

[EW Client]

Re: Ernest Wilson

Hi ew client. I tried a search on line but was unsuccessful in finding any type of ad tbf. Have you tried contacting cebta as advised by my self in an earlier post ?

Yes I've also contacted them - they've been fantastic, really supportive, I'd recommended them to anyone having problems with a business transfer agent.

[boaz387]

Re: Ernest Wilson

Ernest Wilson's newspaper ads were mentioned earlier - I've tried to find an example in the local papers with the largest circulations in this area (Yorkshire Evening Post, Telegraph & Argus etc.) but with no luck so far - has anyone actually seen one of their newspaper ads?

moorhouse and holmes and Williamson are conmen they must be stopped

[EW Client]

Re: Ernest Wilson

moorhouse and holmes and Williamson are conmen they must be stopped

Boaz, can you tell us more please?

[EW Client]

Re: Ernest Wilson

Another review from a less than satisfied customer on allagents:

We contacted them re purchase of two businesses, both fish and chip shops and were told quite categorically that if any of the businesses 'did not tick the boxes' (their phrase not ours) that our deposit would be refunded without question. We proceeded with the purchase of the first business but the second shop did not have an assignable lease so could not therefore be assigned. We obtained a draft new lease but this did not suit us as the terms of the lease were to the effect that this was a lease created outside the tenancy laws and therefore had not guarantee of a renewable tenancy agreement. as we are both pensioners a lease of this short duration was not suitable to our requirements. Furthermore we never obtained correct books for the business to ascertain its potential, which once again was an unsuitable state of affairs.
We therefore requested our deposit back as we had no desires to proceed with such a hit and miss business. We did not get our deposit back and Mr Flemming said he had never said that if the business did not tick all the boxes our deposit would be refunded. I can assure you without any doubt whatsoever that Mr Flemming DID say that. we are not the ones telling lies here.
we eventually, at our own expense, had to consult a solicitor who helped us.
I would not touch Wilsons with a barge pole. They are unreliable, and do not speak the truth at all.

What could Ernest Wilson do to change your mind?

“To have been an honest and truthful business when dealing with people, instead of being a purely money grabbing concern. they can do nothing tomake amends as i would not trust them one iota to carry out what they might say”

[EW Client]

Re: Ernest Wilson

A further FOI request has revealed that Ernest Wilson hasn't issued court claims against 49 clients...

For the three years 2012-2014, it's actually 461!

[Eli Bird]

Re: Ernest Wilson

Hi all

The contract was signed at my fathers business and there is no mention of a cooling off period in the contract. The contract States this shall be for a minimum of 6 months during which time you will (following in bold text) not be able to cancel the contract. Should there be info regarding cancellation within the 14 days be stipulated also? And my father has no evidence to show he attempt to cancel apart from the call he made to Roberts mobile number he gave to my father.

EW said they are not acting for me and cancelled my contract but wouldnt do it in writing and sent me a bill for nearly 6000 im at my witts end as now they are going for possession
of my home and been granted a charging order i just dont understand how they can force me to sell my home when they never sold my business

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moorhouse and holmes and Williamson are conmen they must be stopped

YES they must be stopped they are forcing me out my home HELP !

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Boaz, can you tell us more please?

THEY MUST BE STOPPED i am being forced out of my home they never even sold my business and my contract was changed

[Eli Bird]

Re: Ernest Wilson

I was having a chat with a financial advisor the other day and happened to mention the issues with Ernest Wilson. Unprompted, he asked me "oh, did they say they had a buyer but they were really just after the marketing fees?"

Their reputation precedes them, it seems...

they told me same and never sold my business and now slapped with a court warrant of possession to get out my house and demanding 6000 for a business they never sold and a contract they changed and countless lies in court

- - - Updated - - -

Ernest Wilson's newspaper ads were mentioned earlier - I've tried to find an example in the local papers with the largest circulations in this area (Yorkshire Evening Post, Telegraph & Argus etc.) but with no luck so far - has anyone actually seen one of their newspaper ads?

no never seen but was sent a huge bill when i told them i didnt want it in paper