Ernest Wilson

[EW Client]

Re: Ernest Wilson

Sorry to hear about the difficulties you're having tonsorial.artist. If it's any consolation, Ernest Wilson's has considerable experience in this area.

The Campaign for Ethical Business Transfer Agents is a group of people who've had similar experiences - their website is http://www.cebta.org.uk. Also, Andrew Penman at the Daily Mirror is investigating the practices of business transfer agents - one of his recent articles is here.

[MalcolmD]

Re: Ernest Wilson

Hi, A EW sales guy came to my shop claiming he would sell the business within a couple of weeks.. , several notifications from a Mr Stuart Moorhouse arrived telling me that they had more than TWO THOUSAND interested people. and that only after 7 months.. only not one has entered the premises and now EW are taking me to court for £1800 that I refuse to pay.. because I think they have mi-sold their "services" to me.. they didn't contest any of my letters which indicated that they were perhaps being "economic with the truth" about the total of 2340 enquiries.. I don't know how the court judgement will prove but apparently EW are very slick

[EW Client]

Re: Ernest Wilson

Malcolm, have EW given you any feedback as to why none of the supposed 2,340 enquiries have turned into a viewing?

They've had another less than glowing review at http://www.allagents.co.uk/ernest-wilson/ (near the bottom of the page), which I've copied just in case it disappears:

These are cowboys. They do nothing to sell your property and seduce with verbal spiel that it is a no sale, no fee service. This is a lie. Anything you sign with them will cost you upwards of £1599. DON'T SIGN ANYTHING WITH THEM. do not use them. THEY WILL ONLY COST YOU MONEY AND STRESS

Comments on the Agents fees

“SEE ABOVE. ALL THIS COMPANY DOES IS SCAM EVERYONE £40 A MONTH TO ADVERTISE IN THEIR LITTLE BOOK THAT GOES NOWHERE. NOT ONE VIEWING IN A YEAR.”

What could Ernest Wilson do to change your mind??

“The agent could cease trading. Give me my money back, however this will nor make me change my mind about them.”

[MalcolmD]

Re: Ernest Wilson

I wrote to the EW "boss who seems not to have any idea what his employees are doing and didn't acknowledge the previous sent letters from his "star" Mr Moorhouse
But I do have their claim in writing as to the number of people who wish to buy,, obviously they didn't speak to anybody. see how that goes down in court

[EW Client]

Re: Ernest Wilson

A solicitor once told me "if you can get out of a contract with Ernest Wilson, you can get out of anything".

If only they were as successful at their stated aim of selling businesses as they are at suing their clients...

[MalcolmD]

Re: Ernest Wilson

Having reviewed many reports proves that by comparison other estate agents have higher levels of integrity and you are very right in your statement.
Fraud is a term that comes to mind

[EW Client]

Re: Ernest Wilson

From what I've seen there are quite a few business transfer agents whose business model is much the same, sadly, and it goes something like this: get the sucker client signed up with promises of a quick, risk-free sale, don't do very much, when the client becomes unhappy sue them, wave some lawyer-friendly paperwork at the judge (who is after all a lawyer), laugh all the way to your brand new car whilst wondering why your soul feels somehow empty.

If the result of the FOI request I made is taken as an average then Ernest Wilson sues at least one client a month.

[MalcolmD]

Re: Ernest Wilson

Wonder how many clients have been sued (on what grounds) and are there any who have who the case in their favour?

[EW Client]

Re: Ernest Wilson

Wonder how many clients have been sued (on what grounds) and are there any who have who the case in their favour?

They seem to rely on their contract, which pretty much sews everything up for them... don't suppose there's a contract lawyer on here who'd be willing to have a quick look at it?

[MalcolmD]

Re: Ernest Wilson

Well that's the past,, however new laws regarding a product being "mis-sold" ,may help

[MissFM]

Re: Ernest Wilson

Forgive me if there's already a link to this article (I couldn't spot one and hadn't seen it before):

http://www.mirror.co.uk/news/uk-news...rnment-3288539

Rip-off 5: No sale? It still costs

No sale, no fee. That was the crucial phrase in the sales pitch that persuaded Carl Bowman to put his hardware store in Leeds on the market with Ernest Wilson & Co Ltd.
Now he says ruefully: “With hindsight I was possibly a little naive to accept the word of their sales rep and not query the terms of business further.”
His store didn’t sell and now Ernest Wilson is suing him for £4,765.
It was marketed at £205,000 without success, even though Mr Bowman says that he had been told before signing the contract that “potential buyers were very keen”.
He heard little until Ernest Wilson told him to cut the price to £160,000 and accept liability for their marketing fees.
When he refused, Ernest Wilson took it off the market and issued its court claim.
The firm insists that its terms and conditions are sent to every client and include the clause: “Advertising and marketing costs are payable upon withdrawal.”
Director Stuart Moorhouse said: “We were left with no option but to issue court proceedings.”
He pointed out that Mr Bowman’s complaint to The Property Ombudsman had been rejected.
Mr Bowman responded by reminding Ernest Wilson that they were fined in 2012 by The National Federation of Property Professionals.

Its tribunal ruling began: “We are disappointed that we have heard three further cases connected with Ernest Wilson, especially as there have been two previous cases, one in 2007 and another in 2011.”
The latest case, which resulted in three £750 fines, concerned “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”.

[EW Client]

Re: Ernest Wilson

The more I see about the business transfer agency industry, the more it looks like it's rotten to the core. I'm sure there are some honest, ethical agents out there but there are plenty that will happily take advantage of the lack of regulation to fleece small businesses.

I'd strongly recommend that anyone who's had this sort of experience contacts Trading Standards, their local MP and the Property Ombudsman Service - the Property Ombudsman is sticking his head in the sand about this issue at the moment but if enough people complain then he'll have to actually do something about it.

[MalcolmD]

Re: Ernest Wilson

Our dispute with Ernest Wilson is going to court. Basically, EW sell only advertising and do not enter into any form of sales negotiations. Anyone want to support this argument?

[MissFM]

Re: Ernest Wilson

As a lay observer I would think that's a credible analysis MalcolmD.

Also as an observer - it really does fox me why people making adverse comments - cris de coeur - about this firm are so passionate and then disappear - pfffftttt - without trace.

[EW Client]

Re: Ernest Wilson

Also as an observer - it really does fox me why people making adverse comments - cris de coeur - about this firm are so passionate and then disappear - pfffftttt - without trace.

It's a good point and one I've been pondering too. I can think of a few reasons:
Business transfer agents have something of a trigger happy reputation when it comes to litigation, particularly where libel is concerned. They also seem to be well acquainted with the legal system.
Once judgment has been made on a court claim it's not easy nor cheap to overturn it.
Small business owners (who are the principal targets of business transfer agents) often have plenty enough to do without taking on the extra work of fighting such companies, especially when they're faced with the unexpected double whammy of an unsold business and a large bill.
Some people may be embarrassed at having fallen for the agent's weasel words.
Nobody is doing anything to compel these agents to mend their ways and they won't self regulate because their current mode of operation is far too profitable for them to change it.

So it's conceivable that feeling ripped off, ignored by the regulators and threatened by the agent, people just chalk it up to experience and move on.