Campaign against standard term estate agency contracts

Evans ‘aggressive’ dialogue

The only default that might occur is your non payment of your liability to me and if that is not discharged at the calling of the bailiff then I will bankrupt yourself and Mrs xxxxxxx at the earliest moment that papers can be served. You do not determine when this debt is paid, I do!

Graham Evans Penyards

Graham Evans Penyards

4th Aug 2013.  We received a phone call at approx 2am GMT where Mr Evans appeared drunk, slurring threats to ‘get my money’ and ‘freeze our assets’.

‘In the event that you fail to respond to this confirming, as in the attached email, our introduction and entitlement to our fee then our company Dutton Gregory have my instructions to apply to the court for a freezing order on Monday to ensure that our rightful demand for payment is met and that any expenses liabilities that are incurred in pursuit of this will also form part of our claim.’

‘I repeat my previous comments. My lawyers have irrevocable instructions to pursue you without compromise or delay. I have forwarded your email and demanded that they continue with immediacy.’

‘…… Our entitlement to our fee is established under clause 10.1 10.1.2 of our terms and conditions of business….

Our entitlement to our fee is clear and beyond dispute. Therefore I again refer to my previous email, unless our interests are confirmed by your legal representative and that the conditions of our agreement with you are protected, see clause 7. Of the attached document, referring to your
“irrevocable instructions” then you will leave me with no alternative, irrespective of any initial personal cost to myself, I intend to claim full recovery of all costs. I will pursue a freezing order through the courts by close of business on Monday 5th August 2013 without any further recourse to you, this may involve you in considerable unnecessary additional expense of which no doubt your solicitor will advise.’

‘I think given the spurious nature of your response I am more than content to leave this to the lawyers and judges to adjudicate over the position. You may however be advised that I will be relentless in my pursuit of this by fair and legal means.’

‘As stated in my communication yesterday the matter has now been refereed to our company solicitors who have my instructions to proceed to protect my firms interest in this and to instigate the procedures for a freezing order.’

EVANS REPLY TO A FELLOW ESTATE AGENT WHO WAS ATTEMPTING TO RESOLVE THE ISSUE: ‘However we unfortunately appear to have very differing professional standards. Now let us address these differing professional standards. I will also deal with the expression ‘normal professional etiquette’. I am bewildered by your double standards, or should I in fact so no apparent standards at all, you have completely and utterly contradicted everything that you have previously held as credible and honourable. It reminds me of the old western movies, ‘cowboys’ speak with forktongue.’

‘My solicitors in New Zealand have been given my irrevocable instructions, that is to say, that in the event that you fail in anyway to comply with the order of the Courts then they are to enforce bankruptcy proceedings … immediately following the court deadline.’

‘Once again for the purpose of an absolute and unambiguous reply. If the liability is not discharged, as determined by the courts, then the lawyers in New Zealand Pitt & Moore have irrevocable instructions to implement bankruptcy proceedings forthwith.’

‘You continue to be deluded, you misrepresent yourself and, to their great misfortune, those who have endeavoured to advise to the point of embarrassment. You have had your time and will be granted no more, my instructions are irrevocable.’

EVANS DISSEMINATES FALSE, LIBELOUS AND DEFAMATORY MATERIAL COPIED FROM ACAM WEBSITES IN BREACH OF COPYRIGHT LAW: Evans spent his time trolling the web in an attempt to ‘dig up dirt’ on his ex-client.  We can only imagine his joy when he ‘thought’ he’d discovered gold.

What Evans had stumbled upon was an entirely false article published on a scam website owned by a competitor.

Evans then proceeded to copy and disseminate sections of that website in breach of copyright law and the rights of the website owner.

The website Evans copied is at the center of a huge scam extensively documented on the Internet.  Yet rather than do his research, Evans simply copied large sections of false, libelous and defamatory articles and emailed them out.

When the facts regarding the scam website were pointed out to Evans his reply was to state that he ‘was at the police station’.

gauk

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