Ernest Wilson

[des8]

Re: Ernest Wilson

The rules about serving a claim are at CPR Part 6.
If EW have neither your mother's current nor last address they will need to apply for a court order to serve elsewhere (6.15)

[Andreawx]

Re: Ernest Wilson

He basically said! if I don't give her current address he will have it HERE. What sort of proof will he need to give to court that she lives here?? I don't understand how he can have it here. He also told me today that even tho we are in dispute we have the still pay the debt, otherwise he will start court proceedings tomorrow.

[des8]

Re: Ernest Wilson

I suspect that if he lodges a claim he will in the first instance use your address.
In that case I would be inclined to return to the court the papers unopened and marked "addressee not resident here".
He would then have to follow CPR.
Others might be able to comment on whether or not that is a good idea.

When your late father signed the agreement was the business in his sole name, ie was he a sole trader "mr xxx t/a Bob's cafe"
or was it "Mr xx and Mrs xx t/a bob's cafe"?
If the contract was solely in his name, it is my understanding that when he passed away, the contract no longer existed.
However as no one else has mentioned this possibility I am probably barking up the wrong tree, so will be interested in others' thoughts,

[Andreawx]

Re: Ernest Wilson

It was in both parents name. t/a Warley cross Café
So many discrepancies but all I get told is pay or CCJ and on judgement High Court enforcement will attend to collect.

[Andreawx]

Re: Ernest Wilson

There (fabricated) blog says another sold by Ernest Wilson.... My mother sold at auction for less than half there original valuation..

[Andreawx]

Re: Ernest Wilson

Strangely Amethyst is no longer responding to my emails and messages???

[Amethyst]

Re: Ernest Wilson

I got a PM at 9pm tonight ? Haven't had chance to look yet.

[Amethyst]

Re: Ernest Wilson

Yes I got the email. Stop panicking, there is very little he can do and you can defend any court action if he does put a claim in.

You have all your paperwork together - you were getting hold of the other valuation from 2005 to help demonstrate the over valuation.

Just a matter of putting it together to the Ombudsman and EW as a formal complaint.

He didn't mention the EPC in his email. Did you ask him for it ?

[Andreawx]

Re: Ernest Wilson

Sorry guys.. Guilty :-) I am panicking..

[Amethyst]

Re: Ernest Wilson

It is understandable but remember a court claim is not the end of the world. If your mum did go on to lose - or didn't want to defend - she could make an offer to pay through the court and make monthly installment payments suitable to her income and expenditure.

The EPC is important because it would demonstrate that your late Father was involved in the selling process as late as mid 2012.

I meant to ask previously, does your Mum have the mail from her old house forwarded to where she is now? We know he can't legitimately bring a claim at your address, however he can bring one at the last known address so if he does indicate he has bought a court claim it might be worth checking with the new residents if there is any mail and if they can forward it on.

[Andreawx]

Re: Ernest Wilson

In memory of my late father we will fight this all the way. In 2005 they were never left a contract. It was a no sale no fee basis. They did not receive there first invoice until may 2011. They were never made aware of any kind of ombudsmen. They requested proof of adverts which were never received. My dad passed away worried sick about these invoices..

- - - Updated - - -

I have requested EPC

[Andreawx]

Re: Ernest Wilson

she has all mail re directed from Warley Cross

[des8]

Re: Ernest Wilson

Going to shove my oar in again.

It would seem that your parents were acting in A Partnership at Will. ie I assume they did not draw up a formal agreement..
Never the less that partnership is governed by The Partnership Act 1890,
If one of the partners dies the partnership is dissolved and a new partnership has to be set up..(Partnership Act 1890 sec 33[1])

If your father had an agreement with EW for the sale of a business owned in partnership, that agreement would of necessity been cancelled when the partnership was dissolved.
At least thats how I see it, so I would tell EW to take a running jump

[EW Client]

Re: Ernest Wilson

There (fabricated) blog says another sold by Ernest Wilson.... My mother sold at auction for less than half there original valuation..

Just to clarify, are Ernest Wilson claiming they sold your parents' cafe, even though they had no part in the actual sale?

[EXC]

Re: Ernest Wilson

Just to clarify, are Ernest Wilson claiming they sold your parents' cafe, even though they had no part in the actual sale?

Yes.