Check this sent by pm:
I too recently purchased a property from Fresh Start. It was part of a repossessed unit they had bought from Northern Rock. When they offered it to me, they said all I needed was to make a deposit of 2000 pounds and the rest upon completion. So be it. I decided to proceed. The images of the property were quite superb and I thought maybe a few cleanup inside the house and new carpets, a bit of paint and house was ready for renting out. Infact, before purchasing I several times asked the sales guy how the house was, and each time he's response was so positive - so much so that he insisted I could immediately let it out. Anyway, long story short, before committing my 2000, I asked the sales guy to agree to some of my terms and conditions, especially if the property failed to meet expectations, and that, before exchanging, I would get to view it.
2 Months later, I kept asking them to let me view, and they just wouldn't. Finally after much pressurising, they bent and allowed me to view it. The house was a tipster. It had been damaged beyond small repair. The rooms above had all the timber and wiring sticking out - it was a mess. I took all the photos and headed back to their office to speak to one of the sales guy who I had dealt with all this time. Keep in mind, I had travelled long distance to go view the property. I very politely told the sales guy, that this is exactly what I hadn't paid for and that I'd like my 2000 pounds reservation back. There would be no negotiation etc, but simply give me the money back. His response was, id have to speak to my boss - Phil Wright.
Despite my various emails to the sales guy - i was finally told, that there is no news on getting your refund, and you will have to take the legal route to recover your monies. This is after he promised that he would speak to his director Phil and get back to me. So was this something Phil suggested him to tell me? What was I going to be able to do right?
Wrong. The moment I was told of this, I placed a Court Claim against Fresh Start Limited. Few days later I got a letter confirming that Phil had his solicitors respond to the claim and would defend themselves at court. Infact I was looking forward to going in and fighting this case as I had paper trail and proof of what had been promised to me before making the reservation payment.
A day before the cut of date for court response, I got a call from his attorney. They wanted to settle out of court. They paid all the reservation fees plus all the costs I had incurred.
Lesson ----> Ensure you get terms and conditions agreed to via email before committing yourself with any companies of this sort. It was the emails that put me in a winning position.
Furthermore I had my own lawyer advising me what to do - and I have been told, any terms and conditions that are agreed by email is equivalent to 'contract'. Should they not deliver according to what you have stated in your terms and conditions, they are in breach of contract.
Many people feel that the companies only can put a set of terms and conditions for you to sign, whilst they have nothing against them. This is not true, you too can tie them down to your own set of conditions. And should they not be willing to agree or sign them, then you need to take caution.
I hope this email helps as I see many customers having suffered, and the amounts are way too large.
For those who want their money back, and especially if you have something in writing to which they have been in breach off - take them to court. Your accounts will hopefully be settled.
Just so that you know, all the sales people involved in selling me the property no longer work at the firm. I have to admit, when I walked in the day of the complaint. I saw around a bunch of school leavers (it felt) sitting in a room of around 20 of them like a trading floor and calling up clients (cold calling). Therefore anything that the sales person tells you over the phone, please do take caution into believing what you hear, this is just to get you bought into the deals. They are just young and their income probably is mainly commissions, therefore you can imagine why they are so heavy into marketing.
