Ernest Wilson

[Andreawx]

Re: Ernest Wilson

Hi there Eli.. I am working on it hun. certainly not going to let them win without a fight..

[Amethyst]

Re: Ernest Wilson

Got them, ta xxx Having a look through.

Just as an aside...

Limited Companies and/or Limited Liability Partnerships

7.0 You understand that if you sign this contract as a Director, Officer or. on behalf of a Limited Company or on behalf of a Limited Liability

Partnership and that Limited Company or Partnership is unable to meet its commitments or enters into liquidation or iff .e case of a Limited Company enters into amalgamation (and the amalgamated company shall not settle the account made by Ernest Wilson in accordance with this agreement) or shall fail to settle the account within 28 days then you hereby give your irrevocable personal guarantee that you will settle Ernest Wilson's account in full within 14 days of the account being issued and under this guarantee you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual.

I don't think that would stand up as a personal guarantee.

Not highly relevant in this case as it wasn't a Ltd co etc, but for others it is worth looking into.

[Andreawx]

Re: Ernest Wilson

Am I right in thinking Amethyst hasn't been on line for a couple of days????? Please help guys!!! since he emailed said paperwork 2/11/15 he is harassing me daily.. His last email said he will carry on with court proceedings on Wednesday if he hasn't received payment?????

[Ian dowd]

Re: Ernest Wilson

Ernest Wilsons contact is not legal.
It MUST be signed by them BEFORE you sign.
Contact - removed

[Amethyst]

Re: Ernest Wilson

Not entirely sure that is a legal requirement Ian. It isn't a credit agreement for starters. But happy if you want to point me to the legislation/regulations that confirm your view.

[CYNthesys]

Re: Ernest Wilson

Dont know if this is of any help
Re the commission - seem to remember some caselaw where Foxtons claimed commission against the sale of a property despite them not introducing the buyer - Foxtons lost

[Amethyst]

Re: Ernest Wilson

Office of Fair Trading v Foxtons. That was the UTCCR and unfair terms, because the landlords were deemed as consumers (ie they were letting out a property not as part of their trade or business )

I do think there are some arguments that a business owner - particularly a sole trader - should be deemed a consumer as they are acting outside the course of their business, but no one seems to agree with me.

[des8]

Re: Ernest Wilson

This one Cyn?
http://www.theratandmouse.co.uk/webl...s_lose_co.html
Foxtons v Bicknell [2008] EWCA Civ 419,

[Amethyst]

Re: Ernest Wilson

There is a later judgment which rules sole selling rights commission is fair - http://www.bailii.org/ew/cases/EWCA/Civ/2010/1552.html

[Amethyst]

Re: Ernest Wilson

However whether a 'forever' sole selling agreement is fair could be another matter.... most estate agents have a 12 week type sole selling rights, not a forever unless you cancel with 6 months notice agreement.

[Amethyst]

Re: Ernest Wilson

There is a later judgment which rules sole selling rights commission is fair - http://www.bailii.org/ew/cases/EWCA/Civ/2010/1552.html

.

I think the main issue we have is it is a B2B contract, and even if it were a B2C contract it does contain individually negotiated terms ( flat commission of £2k rather than the standard %)

[Amethyst]

Re: Ernest Wilson

Foxtons case http://www.legalbeagles.info/forums/...arges-Judgment

( can't find a copy of the actual Judgment atm, I'm sure we have it somewhere)

[des8]

Re: Ernest Wilson

Foxtons case http://www.legalbeagles.info/forums/...arges-Judgment

( can't find a copy of the actual Judgment atm, I'm sure we have it somewhere)

http://www.bailii.org/ew/cases/EWCA/Civ/2008/419.html

[Amethyst]

Re: Ernest Wilson

That's the previous picknell one. Here's the OFT v Foxtons judgment

[Amethyst]

Re: Ernest Wilson

Handily that quotes the definition of consumer - save me relooking it up

‘consumer’ means any natural person who, in contracts covered by
this Directive, is acting for the purposes which are outside his trade,
business or profession;

Is selling your property ( which includes your business and home) acting for purposes inside or outside the business?