Ernest Wilson

[Nim]

Re: Ernest Wilson anybody please contact me in regards to this devious company

Hi ,

I have got very small Business I decided to sell my Business hence I advertised on Gumtree and ebay and after a week I received a call from Ernest Wilson I did not know about this company they offered me to sell my Business on ''NO SALE NO COMMISSION BASIS'' there consultant came to my shop I was busy serving the Customers he did his valuation without coming inside the premises and presented Contract to me I asked him to Leave this Contract to me I will read it then Sign it because this time I am busy with the customers I cannot read all this tiny Bull shit terms and condition then he said to me that dont worry about it, I am giving you my words we won't charge you single penny until unless we sell your business and did nothing at all they did not send single interested Party to me and after 6 months they cancelled my Promotion and and sent me Letter for Marketing and Advertising Charges £978 I refused to pay and send them email in detail of MISS REPRESENTATION, even though agent did not gave me contract copy he said he will send via email but the he didn't but now I recieved Country Court Claim including interest and court fee £1114.

could you please advice me what shall do because I have no idea what to do I am already in bed Debt facing lot of financial Problems hence were decided to sell my business and now these theives are asking me to pay money for nothing , Your help in this regards would be highly appreciated.

[Nim]

Re: Ernest Wilson anybody please contact me in regards to this devious company

Hi ,

I have got very small Business I decided to sell my Business hence I advertised on Gumtree and ebay and after a week I received a call from Ernest Wilson I did not know about this company they offered me to sell my Business on ''NO SALE NO COMMISSION BASIS'' there consultant came to my shop I was busy serving the Customers he did his valuation without coming inside the premises and presented Contract to me I asked him to Leave this Contract to me I will read it then Sign it because this time I am busy with the customers I cannot read all this tiny Bull shit terms and condition then he said to me that dont worry about it, I am giving you my words we won't charge you single penny until unless we sell your business and did nothing at all they did not send single interested Party to me and after 6 months they cancelled my Promotion and and sent me Letter for Marketing and Advertising Charges £978 I refused to pay and send them email in detail of MISS REPRESENTATION, even though agent did not gave me contract copy he said he will send via email but the he didn't but now I recieved Country Court Claim including interest and court fee £1114.

could you please advice me what shall do because I have no idea what to do I am already in bed Debt facing lot of financial Problems hence were decided to sell my business and now these theives are asking me to pay money for nothing , Your help in this regards would be highly appreciated.

- - - Updated - - -

Harry, can I ask why?

Hi ,

I have got very small Business I decided to sell my Business hence I advertised on Gumtree and ebay and after a week I received a call from Ernest Wilson I did not know about this company they offered me to sell my Business on ''NO SALE NO COMMISSION BASIS'' there consultant came to my shop I was busy serving the Customers he did his valuation without coming inside the premises and presented Contract to me I asked him to Leave this Contract to me I will read it then Sign it because this time I am busy with the customers I cannot read all this tiny Bull shit terms and condition then he said to me that dont worry about it, I am giving you my words we won't charge you single penny until unless we sell your business and did nothing at all they did not send single interested Party to me and after 6 months they cancelled my Promotion and and sent me Letter for Marketing and Advertising Charges £978 I refused to pay and send them email in detail of MISS REPRESENTATION, even though agent did not gave me contract copy he said he will send via email but the he didn't but now I recieved Country Court Claim including interest and court fee £1114.

could you please advice me what shall do because I have no idea what to do I am already in bed Debt facing lot of financial Problems hence were decided to sell my business and now these theives are asking me to pay money for nothing , Your help in this regards would be highly appreciated.

[Nim]

Re: Ernest Wilson

Hi ,

I have got very small Business I decided to sell my Business hence I advertised on Gumtree and ebay and after a week I received a call from Ernest Wilson I did not know about this company they offered me to sell my Business on ''NO SALE NO COMMISSION BASIS'' there consultant came to my shop I was busy serving the Customers he did his valuation without coming inside the premises and presented Contract to me I asked him to Leave this Contract to me I will read it then Sign it because this time I am busy with the customers I cannot read all this tiny Bull shit terms and condition then he said to me that dont worry about it, I am giving you my words we won't charge you single penny until unless we sell your business and did nothing at all they did not send single interested Party to me and after 6 months they cancelled my Promotion and and sent me Letter for Marketing and Advertising Charges £978 I refused to pay and send them email in detail of MISS REPRESENTATION, even though agent did not gave me contract copy he said he will send via email but the he didn't but now I recieved Country Court Claim including interest and court fee £1114.

could you please advice me what shall do because I have no idea what to do I am already in bed Debt facing lot of financial Problems hence were decided to sell my business and now these theives are asking me to pay money for nothing , Your help in this regards would be highly appreciated

[Amethyst]

Re: Ernest Wilson anybody please contact me in regards to this devious company

Have you made a formal complaint to Ernest Wilson when they first started chasing you for these marketing charges?

When you say they cancelled your promotion after 6 months, what do you mean? Did you cancel it or did they ? Did you hear anything from them between the sales rep visiting and the bill for marketing/advertising ? Do you still have copies of the letters?

If you can post up the particularas of claim from the claim form that would be helpful. You should formally write to them under the CPRs requesting copies of documentation including the contract, how the charges have been calculated etc. Will help you with that once we have a bit more info.

Have you acknowledged the claim through MoneyClaim online ?

[Nim]

Re: Ernest Wilson anybody please contact me in regards to this devious company

Yes I made a Complaint to Earnest Wilson via Email on dated 24/01/2016 but they did not replied, I signed the Contract on 14/04/2016 and after six Months they asked me to Provide EPC rating which I refused then the Proposed me to arranged EPC free would be charged after selling the business but i did not replied them and after 2 month of this they send me letter that we cancelling your business promtion, and on dated 20/01/2016 they send me Invoice and rang but they said you have to pay this bla bla.... and sent the email to Julia.walton@earnest-wilson.co.uk on dated 24/01/2107 and explained everything what happened with me hand I been missold by ErnEST WILSON agent Called Jonathan , I have got 2 witnesses for this.

AS I moved house hence my previouse Landlord gave me Court letter I received court Claim yesterday while on the form service date is 15/03/2017 I haven't done acknowledgement yet I dont know how to do, what to do , and what would be happened next , IS effect on Credit History.

These Theives are Playing with Law they are robdin the Innocent Small Business owner , I think this is there real business but apparantly they show themself a commercial Business Brokers.

I moved house I will check what Letters I have got , but I would have few Letters , Thanks for your Help

Please Advice me what shall I do because I have nothing to pay them and want to teach them lession atleast we can safe others.

[Nim]

Re: Ernest Wilson

My witnesses are Ready for there Statement because when I asked first time to ERNEST WILSON AGENT that Leave this Papers here I will read through and will signe after but he was clever he said do not worry Just signe It I am giving you my words, even though he did not gave me a copy of contratc he said he will send me via email which I did not received so far.

Please Help out What shall I do Step by step .
Would you recommend to contact Citizen Advice Bureau.....?
In my complaint I also mentioned my Health condition and Stress which is created my ernest wilson and also warned them if they send me any more letter I will commit Suicide or might go to the court and Legal authorities,

As I warned the Ernest wilson to stop Threatned me otherwise I will commit Suicide Because I m father of and have got nothing hence was selling the business , will this word 'SUICIDE'' go against me in the Court.

since Last 2 months I am on Bed due to My back bone Injury , these Scammers Created lot of stress not only they will take the also they will ruine the credit history.

there is No law for such scammers how could they win there cases , the court did not know how many complaint they registered againast small business owners,

if anyone have anything which support me to defend my Money Claim against these Scammers.
I got less time left Please please I request to everyone help me out.

[EW Client]

Re: Ernest Wilson

Sorry to hear about the stress you're under Nim, running a business is hard enough without being taken to court by an agent that claims "Nobody sells businesses better"!

As Amethyst has already mentioned, if you can post the particulars of claim (redacted, i.e. with your personal details removed) that will allow people to help you. Business Debtline also offer support if you're facing hardship.

The court may take into account your health problems if you can provide evidence from your GP - I'm not a lawyer though, so a phone call with a solicitor might be useful (some offer a free initial consultation).

[Skye1]

Re: Ernest Wilson

Is it a legal requirement to obtain ID from.the business owner before Ernest Wilson can market a business ?

[Skye1]

Re: Ernest Wilson

Is that correct ID must be taken before they can market your business ?

I'm having a nightmare with Ernest Wilson at the moment

[Skye1]

Re: Ernest Wilson

Is that correct that ID must be taken before EW can market your business?
I'm having a nightmare with EW at the moment

[Amethyst]

Re: Ernest Wilson

I'd expect they need to take ID to ensure you are the legal business owner and are entitled to sell it ? Potentially they'd need to be sure of your identity to satisfy Money Laundering regs.

What's the nightmare with EW ?

[Skye1]

Re: Ernest Wilson

I'd expect they need to take ID to ensure you are the legal business owner and are entitled to sell it ? Potentially they'd need to be sure of your identity to satisfy Money Laundering regs.

What's the nightmare with EW ?

Back in January their sales rep visited my business as I wanted a rough idea on its value as i was thinking of selling it, to cut a long story short he made me feel pressured to sign and didn't explain that the contract cannot be cancelled for 6 months or that I would be liable for any fees if there was no sale.

When the photos were being taken I got very emotional, in my opinion the rep should have stopped but he just carried on.

I asked them to withdraw my business from sale soon after it wasn't even marketed for 7 days, which was only on their website, it never got as far as sending them ID to prove that I was the business owner, no fixtures or fittings list was done and we don't have an EPC certificate.

I was Interrogated on the phone by Stuart Moorhouse who reduced me to tears (accusing me of already finding a buyer) then said if your business isn't sold privately in 6 months you won't be liable for any fees, I have a witness to that conversation as it was on loudspeaker in the car.

6 months have passed and I have a bill for £876 for marketing and advertising costs even though my business was withdrawn from sale, they're trying to make me pay for two adverts but yet cannot provide proof that they actually happened at a cost of £100 and have told me to contact the newspapers to find out myself.

I've offered them a goodwill gesture of £200 which they've refused and are issuing a court summons in 14 days, I've contacted the The Property Ombudsman and will be sending in all the letters etc.

I've had to ask for their formal complaint procedure which they've sent me but Stuart Moorhouse is in control of that so it's pointless even bothering, he's made his position very clear and is unwilling to negotiate.

Stuart Moorhouse is now denying what he said and has become very persistent and patronising with his letters.

It was never explained that the contract cannot be cancelled and I'd still be liable for fees if I withdrew my business from sale, I feel I've been seriously misled.

I feel like I've been conned, County Court does not scare me as it's wrong what they are doing and I want a judge to listen to this situation , I've found so many bad reviews from their previous customers reporting of similar and it looks like a huge scam.

Do they have a legal obligation to check ID before they start to market a business, as it could be anyone trying to sell it.

Any advice would be greatly appreciated

[Amethyst]

Re: Ernest Wilson

Grrrrr. Good for you sticking up for yourself against them. Sadly this sounds like a similar experience to a number of other EW Clients. Have a look at CEBTA http://www.cebta.org.uk/

[MENTION=46756]EW Client[/MENTION];

I don't know if it is a legal obligation - I know EW are registered for money laundering with HMRC - and Money Laundering regs require due diligence ( checking you are who you say you are and that you have authority to enter into the contract etc ) but I don't believe that would invalidate the contract ( because you are who you say you are, and did have the authority, basically ) although a complaint could be made to HMRC I think.

http://www.legislation.gov.uk/uksi/2...ulation/5/made

Meaning of customer due diligence measures

5. “Customer due diligence measures” means—

(a)identifying the customer and verifying the customer’s identity on the basis of documents, data or information obtained from a reliable and independent source;

(b)identifying, where there is a beneficial owner who is not the customer, the beneficial owner and taking adequate measures, on a risk-sensitive basis, to verify his identity so that the relevant person is satisfied that he knows who the beneficial owner is, including, in the case of a legal person, trust or similar legal arrangement, measures to understand the ownership and control structure of the person, trust or arrangement; and

(c)obtaining information on the purpose and intended nature of the business relationship.

Actually just reading through some CEBTA stuff they also say

Some Agents do not carry out the full checks as to who are the Beneficial Owners of the business or property, plus personal identity checks (e.g. a passport or driving licence) on the same-said owners BEFORE commencing the business relationship, i.e. before the contract is signed. This is a lack of "Customer Due Diligence" and many judges have ruled the contract unenforceable because of this - after all, it would be in the Agent's interests to check that they are dealing with an authorised signatory to the document they call an 'agreement'. See The Money Laundering Regulations 2007 s5, 7, 9 and 11.

There has been a High Court case - RTA v Bracewell - successfully defended by Mr Bracewell, which rested on RTA's failure to Register but that only applies to RTA documents signed before 2nd November 2012. See http://www.bailii.org/ew/cases/EWHC/QB/2015/630.html

so could be worth investigating further

[EW Client]

Re: Ernest Wilson

I'll ask a friend who is more au fait with MLR compliance and update later. Have you contacted a solicitor Skye1?

[EW Client]

Re: Ernest Wilson

@Amethyst - as you've mentioned, RTA v Bracewell was about the agent not being registered when the contract was signed (paragraph 44 in the judgment). It looks like a complaint to HMRC is definitely called for though, if it's believed that an agent isn't complying with the terms of registration.

Another area of business transfer agent operations their clients have expressed dissatisfaction with is the quality of marketing materials used, so this is an interesting read:
£1.3m in ill-gotten gains seized from Derby-based advertising fraudsters

...using improper pressure sales methods to induce customers into agreeing to buy advertisement that were mis-sold or of poor quality.