Ernest Wilson

[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

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.

[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

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.

[Ian dowd]

Re: Ernest Wilson

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

[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?????

[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

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

[Andreawx]

Re: Ernest Wilson

I certainly have Kati xx

[Kati]

Re: Ernest Wilson

Ernest wilsons are chasing my mother for a debt for advertising there café for sale, over 10years they had it on there books. Alas my dad passed away in 2014, unfortunately my mother was unable to run the café alone and sadly sold at auction for less than half the original valuation. NOT SOLD BT ERNEST WILSON.. Today I received a copy of there so called contract that my dad had signed... NO signature from my mother???? oh what to do??

[MENTION=73759]Andreawx[/MENTION] ... have you sent these to [MENTION=6]Amethyst[/MENTION]?? I know she's been looking into this for you xx

[Andreawx]

Re: Ernest Wilson

Ernest wilsons are chasing my mother for a debt for advertising there café for sale, over 10years they had it on there books. Alas my dad passed away in 2014, unfortunately my mother was unable to run the café alone and sadly sold at auction for less than half the original valuation. NOT SOLD BT ERNEST WILSON.. Today I received a copy of there so called contract that my dad had signed... NO signature from my mother???? oh what to do??

[EW Client]

Re: Ernest Wilson

Complainants are asked to take their complaint through The Property Ombudsman Scheme, the Ombudsman Services: Property or the Property Redress Scheme in the first instance.

Good work there Amethyst. Just for info, EW are currently members of only one of the above schemes (the legal minimum), The Property Ombudsman Scheme.

Andreawx, have you personally signed any agreements with EW? If not, you have no obligations to them at all.

[Amethyst]

Re: Ernest Wilson

I've emailed NFOPP to ask them best route.

[Amethyst]

Re: Ernest Wilson

Complainants are asked to take their complaint through The Property Ombudsman Scheme, the Ombudsman Services: Property or the Property Redress Scheme in the first instance.

Pm'ing xx

[Andreawx]

Re: Ernest Wilson

Hi EW Client!! I am awaiting copies to be sent by them

- - - Updated - - -

Amethyst should I contact the above??