Ernest Wilson

[tolson7]

Hi all, i have just got home from work and found a letter from ernest wilsons stating that they have applied for a charging order, i have also had a letter from the land registry stating the same, it relates to a business i had up for sale over 3 years ago and the fees they are demanding come to just over £2900, we ended up closing the business and moved house so this is the first i have heard from them (as i can remember!) whats the best course of action? any help greatly appreciated

[Amethyst]

Re: Ernest Wilson

Hi there,

Would you happen to still have the original contract you signed with Ernest Wilson ?
How long approx did you have the business on the market through EW ?
Did you inform them when you were closing the business and moving house?
Were you a sole trader or ltd company ?

I think those are the first questions want answering, and a bit about how EW actually dealt with the sale, did they actually market it, get viewings for you etc ?

You might be able to apply to set aside the judgment, doing that will put the charging order stuff on hold until it is resolved - but to do that you need to show you have a defence to the original claim and why you didn't respond to the court papers ( presumably they were at your old address even though they seem to have found your new address quite easily now they want a charging order )

[tolson7]

Re: Ernest Wilson

Hi Amethyst,
I don't have the original contract unfortunately, i had the business on the market for approx 3 months, i also didnt inform EW when closing the business and moving home and i was a sole trader, i had one viewing in the time they marketed it and that was it, they were pretty pathetic in their efforts to sell, one thing that does get my blood boiling is that i bought the business from them in the first place!! i honestly cannot remember getting any court papers to this address so they must have gone to my old house

[Runrabbit]

Re: Ernest Wilson

I too am having problems with Ernest Wilson. Can anyone help me? if i need to make a new Thread, please let me know and i'll be only too happy to.

[tolson7]

Re: Ernest Wilson

My worry is if they go for an order of sale!

[Runrabbit]

Re: Ernest Wilson

They have a 6 month sole selling right on their contract, so i believe from their contract. If you don't tell them within 28 days of completion they decide to charge more than their original commission charges they quote! They are disgusting and i'm going through something similar with them a the moment. Hoping to get some advice too. Good luck.

[Amethyst]

Re: Ernest Wilson

[MENTION=90750]Runrabbit[/MENTION] yes it might be an idea to start a new thread for your issue but obviously some of your issues will be the same so you can share experiences on one anothers threads as well but best to keep each different case separate.

Hi Amethyst,
I don't have the original contract unfortunately, i had the business on the market for approx 3 months, i also didnt inform EW when closing the business and moving home and i was a sole trader, i had one viewing in the time they marketed it and that was it, they were pretty pathetic in their efforts to sell, one thing that does get my blood boiling is that i bought the business from them in the first place!! i honestly cannot remember getting any court papers to this address so they must have gone to my old house

Okay I'll dig out a contract for you to have a look at regarding their terms, will be after the weekend I'm afraid though. Would you have signed up with them in 2013 and closed the business later that year?

Would you be able to post the letter you have received ? I presume it is informing you there is an interim charging order and the court will write to you to inform you of a final charging order hearing - at that point you can defend the charging order ( if you don't get the judgment set aside ) so we're no where near a sale order - also sale orders are quite unusual for debts below £5k.

Can you check when this judgment was entered against you please - check either on TrustOnline ( bearing in mind it is likely at your old address) or on your credit file ( Noddle is free). You will then need to contact the court ( or Ernest Wilson or their solicitors) and ask for a copy of the original claim so you can apply to set aside the judgment.

I've had people who were with EW for over 10 years without a sale so 3 months isn't so bad lol.

[tolson7]

Re: Ernest Wilson

I have just been reading about EW on the CEBTA website and i have noticed that EW did not register on the OFT money laundering register until 2015, does this mean my contract is not legal?

[tolson7]

Re: Ernest Wilson

Thats great thanks, it was 2013 when i signed up and i closed the business the same year, i will scan the letter i received and post it on here asap, you presume right regarding the interim order, i will also check out the original judgement
Many thanks

[tolson7]

Re: Ernest Wilson

The judgement was entered on the 14/9/13

[tolson7]

Re: Ernest Wilson

[Amethyst]

Re: Ernest Wilson

Okay, have you got a letter from the court as well ? Just as EW are stating 4th November that must mean a hearing date has been set for the final charging order.

14/9/13 is pretty quick to bring a claim and get judgment against you, even if you signed up in January 2013, and closed the business in April.

Did EW sent you ever a breakdown of this near £3k charge?

[Amethyst]

Re: Ernest Wilson

I have just been reading about EW on the CEBTA website and i have noticed that EW did not register on the OFT money laundering register until 2015, does this mean my contract is not legal?

No it doesn't.

[tolson7]

Re: Ernest Wilson

Yes i have the interim charging order from the court dated 17/9/16, i don't recall EW ever sending a breakdown of charges

[Amethyst]

Re: Ernest Wilson

I've posted some terms here - http://legalbeagles.info/forums/show...98#post679598- just for reference/interest