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Today I beat Ernest Wilson in court

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  • #16
    You haven't sold, have you decided not to sell ? When did you sign up and when did you cancel etc?

    obvs these are from someone elses contract - would you have a copy of your contract, and what are they using as the basis for charging you?

    Originally posted by Ernest Wilson Terms
    2.0 This contract shall be for a minimum period of 6 months during which time you will not be able to cancel the contract.

    2.1 If after the minimum six months period of this contract you wish to cancel this agreement then you may do so only by giving twenty eight days’ notice in writing by Royal Mail Special Delivery to the address on page 1 of this contract and that Ernest Wilson will retain sole selling rights until the expiration of the notice period.

    2.11 lf you exercise your right to cancel this agreement at any time after the minimum six months period then you agree that you will pay all advertising and marketing expenses in accordance with the terms of this contract.

    2.2 Ernest Wilson may cancel this contract at any time after the initial six month period by writing to you by Royal Mail Special Delivery at the address overleaf (marked “Private Address”) giving you 28 days notice without affecting your liability for any charges and/or fees which may be due or which may become due to Ernest Wilson from you and you agree that you will pay within 14 days of issue any account issued by Ernest Wilson in respect of advertising and marketing expesnes in accordance with the terms of this agreement.
    Total Cost for Advertising and Marketing
    3.2 By signing this contract you authorise Ernest Wilson to expend upto but no more than one hundred and forty pounds plus V.A.T. per month in respect of Newspaper and Catalogue insertions.

    3.3 You are made aware that any charge made by Ernest Wilson for photographs and mini photographs shall not exceed four hundred and twenty five pounds plus V.A.T
    READY WILLING AND ABLE BUYER
    A Buyer is a ‘ready, willing and able’ Buyer if he is prepared and is able to exchange unconditional contracts for the purchase of your property.

    You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if such a Buyer is introduced by us in accordance with your instructions and this must be paid even if you subsequently withdraw and unconditional contracts for sale are not exchanged, irrespective of your reasons
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Hi Amethyst - we signed up in 2013 for a selling price of £250k and have only had 2 viewings. During this time we have agreed to reduce the price down to £225k. They have been marketing and advertising the Business to the tune of over £11.5k plus VAT. They have now suggested that we sign a statement agreeing to vary the terms of business to £2,500 commission plus advertising and marketing £11,500 and they will freeze the advertising and marketing meaning the total payable on sale would be £14,502 Inc VAT. I do have a 4 sided contract, the front page was amended by rep to read 4% commission and was assured that there were no other charges. Although the small print ties you up in knots. I don't know whether to take the easy way out and agree the new terms or be prepared to fight it in county court.

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      • #18
        0001
        Last edited by 88DAW; 1st November 2018, 16:10:PM.

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        • #19
          0002
          Last edited by 88DAW; 1st November 2018, 16:11:PM.

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          • #20
            Originally posted by 88DAW View Post
            Dear reader,

            Is there anywhere the public can view previous cases online? Long story short, I basically want to hire RunRabbits barrister, but I have no information.

            Thanks in advance,

            Kind Regards
            88DAW
            There are some pretty good barristers out there, you dont have to focus all of your attention on just one. Im pretty sure Wilsons have lost more than once
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

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            • #21
              well done and could you pls share your details or contact me, i need some advise and help. thanks

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              • #22
                Originally posted by Runrabbit View Post
                Following to my post in September where Ernest wilson decided to invoice me for selling a business that I had sold myself, after promising me no commission charge, just to say that today I won. Despite offering them early settlement along the way, and them declining anything less than full, today they tried to settle early. I decided to fight it and the judge ruled in my favour.

                My barrister was the key to this and I'm so greatful. The amount they were wrongly trying to charge me was no way near as much money as I've heard other people telling me about, but to myself and family £5000 was worth fighting. We did it, we won and tonight I am celebrating.
                Hi Iam in the same boat has you can we perhaps discuss further please

                Comment


                • #23
                  Fantastic news well done

                  Comment

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