Ernest Wilson

[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 ?

[Amethyst]

Re: Ernest Wilson

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

[Andreawx]

Re: Ernest Wilson

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

[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

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.

[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

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

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

No they have no address for my mother, he insists he will have CCJ served for her at my address, although she has NEVER lived here. I am still trying to find definite business law..

[CYNthesys]

Re: Ernest Wilson

In my mind it very much sounds as though EW are making unwarranted threatenng demands on you, ie blackmail

[EW Client]

Re: Ernest Wilson

Andreawx, do EW have your mother's address to serve court papers to? They don't have a claim against you directly, they're just pressuring you to pay an alleged debt that isn't yours, and even if they do have your mother's address, she hasn't signed any agreement with them either.

[Andreawx]

Re: Ernest Wilson

1h on the property ombudsmen is interesting. NONE of there paper work had TPO logo
Only the very last invoice had said logo.

[Amethyst]

Re: Ernest Wilson

Thank you enaid and Andreaxw xx

[enaid]

Re: Ernest Wilson

https://www.tpos.co.uk/images/docume...S_1_Oct_15.pdf

2a You must sign and date your Terms of Business before they are given to your client. Theclient should also be asked to sign a copy and be given a copy to retain. The client must begiven sufficient time to read them before agreeing to instruct you.

4b All advertisements must be legal, decent, honest and truthful in accordance with the BritishCodes of Advertising and Sales Promotion and Direct Marketing.

[Andreawx]

Re: Ernest Wilson

The property ombudsman
Code of practice for commercial and business agents
2aYou must sign and date terms of business before it is given to your client.
4b Codes of advertising makes an interesting read ;-)