Ernest Wilson

[EXC]

Re: Ernest Wilson

Scan or photo both of them and e-mail them to Amethyst.

[Andreawx]

Re: Ernest Wilson

Hi there all!! I am back. Apologises for my absence, alas was diagnosed with Cancer, which put me in a dark scary place for a while! The day after diagnoses 2 lots of County court papers dropped through my door 1 for the executor of the late and the other for my mother. NIETHER have EVER lived here. beside myself to say the least....

[Amethyst]

Re: Ernest Wilson

Unfortunately not. The cause of action (if the contract survived ) wasn't until the property was sold. It would have to be over six years since the cause of action with no payment or acknowledgement to become statute barred.

[EW Client]

Re: Ernest Wilson

A friend has suggested that Andreawx's late father's alleged debt may be statute barred due to its age? It's not an area I know much about, I'm afraid.

[Amethyst]

Re: Ernest Wilson

Check PM's xx

[EW Client]

Re: Ernest Wilson

*Edited*

[EXC]

Re: Ernest Wilson

Thanks. That sounds like something Action Fraud and the National Trading Standards Estate Agency Team might be interested in (reports to Action Fraud have to be made either by the person affected or with their permission).

I doubt they'd be too interested as there isn't a victim that suffered any loss as such. However I dare say that a complaint could be made to the Advertising Standards Authority.

[EW Client]

Re: Ernest Wilson

Thanks. That sounds like something Action Fraud and the National Trading Standards Estate Agency Team might be interested in (reports to Action Fraud have to be made either by the person affected or with their permission).

[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.

[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?

[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

[Andreawx]

Re: Ernest Wilson

she has all mail re directed from Warley Cross

[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

[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

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