Ernest Wilson

[EW Client]

Re: Ernest Wilson

Shameless bump - a FOI request has revealed that EW has made 49 claims through the small claims court!

Which means that they're extremely unlucky, being forced to chase all those clients through the courts for non payment of invoices, or that they frequently use the courts for dispute resolution and don't have any qualms about suing their clients.

[EW Client]

Re: Ernest Wilson

I don't know much in the way of detail but one customer of EW did go to court to defend against their charges and lost. Whether that was because it was poorly argued or the Judge actually deemed the T&C's fair, or because it was deemed a business contract and thus should have been individually negotiated before signing etc I don't know, but just thought you should be aware of that as with all these kind of things one loss in court gets bandied about when others try to fight back.

Yes, that seems to be the problem - EW are very clever when it comes to the finer details and as far as I can gather they have plenty of experience in the small claims court. The client may well believe that terms have been individually negotiated but EW have been able to successfully argue otherwise.

Also EW Client - '' there are also documented cases of the client being given a different contract to the one they've signed.'' - can you point us in that direction?

It's in the notes from this NFoPP disciplinary tribunal hearing in June 2012: http://www.nfopp-regulation.co.uk/me...co_limited.pdf

The Tribunal found that one of the firm's practices is unfair to the public. The practice is the giving to a seller client a copy of the agency agreement document for the sale of their business that is not identical to the version the client has signed. The first page recording details of the business, including the asking price, as well as any separate valuation figure, is replaced by a page setting out a summary of the firm's charges and the title is changed to a Terms of Business document.

[Amethyst]

Re: Ernest Wilson

I don't know much in the way of detail but one customer of EW did go to court to defend against their charges and lost. Whether that was because it was poorly argued or the Judge actually deemed the T&C's fair, or because it was deemed a business contract and thus should have been individually negotiated before signing etc I don't know, but just thought you should be aware of that as with all these kind of things one loss in court gets bandied about when others try to fight back.


EJB - ''My brother and sister in law have had a letter to state that there property sale is no longer viable to Earnest Wilson, and unless they agree to an amendment of their commission terms, from 'no sale no fee' to £2000 plus VAT upfront and all marketing and advertising fees accrued, upon sale''

Could you possibly post a copy of the letter up? (redacted of course)


Also EW Client - '' there are also documented cases of the client being given a different contract to the one they've signed.'' - can you point us in that direction?

[EW Client]

Re: Ernest Wilson

Seems like there are a few different versions of their contracts floating around. Some don't mention fees and some have them hidden in the small print - there are also documented cases of the client being given a different contract to the one they've signed. In every case I've seen though the common factor is that the client has been categorically told no sale, no fee (which sounds perfectly plausible if you've only dealt with residential estate agents) then when the property doesn't sell, the agent turns off the niceness and starts chasing for hefty fees.

[EJB]

Re: Ernest Wilson

[QUOTE=EW Client;419946]I've found out a little more about Ernest Wilson. In its 2011 accounts the debtors figure was £792,000, with cash in hand and at bank £35,000. In 2012 debtors were reduced to £104,000 and cash increased to £308,000. I can take a guess with interpreting the figures but I'd be grateful for informed opinions!

Sounds like they decided to use loopholes in there at best 'ambiguous' contracts to retrieve money from all of the business they had on their books who were no longer viable, and who had racked up thousands of pounds in charges.

My brother and sister in law have had a letter to state that there property sale is no longer viable to Earnest Wilson, and unless they agree to an amendment of their commission terms, from 'no sale no fee' to £2000 plus VAT upfront and all marketing and advertising fees accrued, upon sale (which will never happen)

They say if they don't agree to change these terms, that they will end the contract and they will be liable to pay almost £10k in advertising and marketing fees. What I don't understand, is that, due to the property being worth well in excess of £60k the contract clearly states only a 5% plus VAT commission will be taken. Nowhere does it state that they can charge all marketing and advertising fees in the event that the contract is ended by Earnest Wilson. Is this the case with anyone else?

[EW Client]

Re: Ernest Wilson

I've found out a little more about Ernest Wilson. In its 2011 accounts the debtors figure was £792,000, with cash in hand and at bank £35,000. In 2012 debtors were reduced to £104,000 and cash increased to £308,000. I can take a guess with interpreting the figures but I'd be grateful for informed opinions!

Also, I'm preparing a submission to OFT about the trading practices of business transfer agents in general as the ombudsman has basically stuck his fingers in his ears and said 'I can't hear you, na na na'. I know there are a few people on here who've had to deal with the unpleasant side of the business transfer agency industry and I'd welcome any testimonies as evidence of sharp practices.

[EW Client]

Re: Ernest Wilson Debt

Hi there is there any chance you could get the hard copy's to me

The reviews are archived on wayback machine at http://web.archive.org/web/201211300...t-Wilson-Leeds and there are a few references to Ernest Wilson on just answer which might be of interest. Also there was apparently an Ernest Wilson complaints blog that seems to have disappeared...

[tonsorial.artist]

Re: Ernest Wilson Debt

Yes I printed hard copy of the 8 glowing reviews (or not) before e w had them removed!

Hi there is there any chance you could get the hard copy's to me

[Tony34]

Re: Ernest Wilson Debt

Hi Mad Spaniel,

I would be grateful if you could share the 8 reviews you refer to regarding Ernest Wilsons.

[bowler21]

Re: Ernest Wilson Debt

Hi
I am new to the forum, hello to all.

I am having the very same problems that others have had on here with earnest wilson.

has anyone got that post on quip that was removed that they can send me ?

Thanks.

[FlamingParrot]

Re: Ernest Wilson Debt

What -- poor advertising and shocking service! Been payig this off at 50.00 a month. Now need to reduce this since my income halved through husbands death. I am left with just 132 disposable income of which they are requesting 100.00 a month or take me back to court. Advise that a court is likely to agree with this amount? Also veiled threats that my house may be looked at....

You can submit an N245 to the court to apply for a variation as noted here: https://www.gov.uk/county-court-judg...y-the-judgment

This is the form: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

There's a £40 fee but if you’re on a low income or on certain benefits, you may be exempt from the fee, see this: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

Triple check the I&E section of the form to make sure you have mentioned all your outgoings on there and haven't left anything out, it's easily done!

[Mickeyb]

Re: Ernest Wilson Debt

Hi, i,m sorry to here about this case and not sure if this info can help. 3 of their directrs were fined last year for breaching regulations regarding the way they issue client seller copy of the contract. I recently did a subject access request of all information they hold on me and my business and found the contract they issued to me was different to the one I originally signed. I suggest you check the contract they sent to you! If the contract you signed had the written details on page 1, including the selling price but the one they provided you with has a different 1st page with printed writing `Terms Of Business` on it, it could well be unenforaceable in court. Check yours with a lawyer. Hope this helps.

[MissFM]

Re: Ernest Wilson Debt

Please do share Mad Spaniel!:tongue2:

[MAD SPANIEL]

Re: Ernest Wilson Debt

I took a copy before of the 8 reviews on qype Would love to share

[MAD SPANIEL]

Re: Ernest Wilson Debt

I have taken a hard copy of their 8 glowing reviews (or not) before E.W. had them removed!!!