• Report: #740470

Complaint Review: Fresh Start Living

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  • Submitted: Tue, June 14, 2011
  • Updated: Wed, July 30, 2014

  • Reported By: Sara — United Kingdom
Fresh Start Living
2nd Floor Oak Court, Clifton Business Park, Wynne Nationwide United States of America

Fresh Start Living FreshStart Living Property Investment Swinton,Salford,Manchester, Nationwide

*Consumer Comment: freshstart living, empirical property group, pf advisors ltd

*Consumer Comment: freshstart living, empirical property group, pf advisors ltd

*Consumer Comment: freshstart living ,charlie cunningham , fresh start living ltd

*General Comment: www.freshstartliving.com

*Consumer Comment: Freshstart stooges posting here

*Consumer Comment: fsl invest, fslinvest, freshstart living ,charlie cunningham , fresh start living ltd

*UPDATE EX-employee responds: Fresh Start Livinng / Camilleri

*Consumer Comment: Fresh Living Update

*Consumer Comment: freshstart living ,charlie cunningham , fresh start living ltd

*Consumer Comment: BBC INVESTIGATION

*Consumer Comment: freshstart living charlie cunningham

*UPDATE EX-employee responds: fresh start living charlie cunningham

*Consumer Comment: My view

*Consumer Comment: Fact or fiction

*Consumer Comment: retirement investment

*Consumer Comment: obby

*Consumer Comment: Look for yourself

*REBUTTAL Owner of company: www.freshstartliving.com

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1. We reserved a unit in Bispham house and also other sites Dalton Street.

2. They messed us around with the car parking spaces form Day 1 saying that some were available and then weren't . We never got our reservation fee back for the one they said we have but then did not. They ignore all of our phone calls and emails all of the time. They own us thousands.

3. My friend bought an apartment in Bispham house and on the video on their website they make out as it is all luxurious and hunky dory, but they only show you the show unit! Their is no management at all in the building and no maintenance or cleaning or the communal areas or upkeep. The finish looks good until you get up and close and you see everything has been done on the cheap! My friend bought to rent out but cannot but whenever a prospective tenant goes round they see what a complete tip it is and she cannot sell it either as this building has a terrible reputation as well in the area. No one will touch it.

4. When you exchange contracts with them, the exchange money is given to Fresh Start Living and not held with the solicitor which is should be. We were so naive at the time and though this was fine then we found out afterwards that this is VERY unusual and frowned upon by solicitors and other developers. Also they register each development in a different company name so they can literally just close the company down and we have all lost our exchange money! If they were honestly going to build them and they are cash rich like they always say they are, then why do they need our exchange monies and it not being held with the solicitor. I really think they will close the companies down and the money will be lsot and I have tried to get it back but they ignore all of my emails and calls. I am speaking to my solicitor and thinking about taking them to court

5. I found out with a little digging on some sites that they don't actually own the buildings but still sell them! I don't know how they can get away with this to be honest.

6. I was going to invest in their student development in Manchester untl I showed it to a friend who had had a boyfriend sho had stayed there about 20 years ago when she went to Manchester uni and she said it is like an absolute prison there, little light and a disgrace inside. They has said they can renovate it in less than a year but my friend who is an architect said its at least 2-3 years and again the rental guarantee is backed by a shell company so you have no protection there and they want lots of money up front.

I wish we never heard of Fresh Start living
I hope that you appreciate it as i would hate anyone to make the same mistake we did

This report was posted on Ripoff Report on 06/14/2011 04:15 AM and is a permanent record located here: http://www.ripoffreport.com/r/Fresh-Start-Living/nationwide/Fresh-Start-Living-FreshStart-Living-Property-Investment-SwintonSalfordManchester-Nati-740470. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 17Consumer 1Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

freshstart living, empirical property group, pf advisors ltd

AUTHOR: ravegarden - ()

LONDON property developer is behind a bid to wind up Salford buy-to-let specialist FreshStart Living.

Roger Walters, chief executive of Supercity UK which operates three aparthotels in the capital, is chasing FreshStart over a £20,000 deposit he paid on 10 flats at a proposed FreshStart student scheme in Nottingham.

He says the scheme is now not going ahead and he wants his money back, but FreshStart insists the development is on track, although it has been delayed.

The company was planning to convert a 30,000 sq ft office building at the Victoria Shopping Centre into 157 student apartments in time for the 2012-13 academic year.

Mr Walters said: “They didn’t own the property and they never bought it so there was no chance of developing it so I asked for my money back, and they just don’t give it back, it’s incredible, they just don’t.”

Mr Walters issued a statutory demand, which gives a debtor 21 days to pay, and then issued a winding-up petition which was heard in London on Monday. The case was adjourned to give both sides time to submit evidence.

FreshStart’s chief executive Charlie Cunningham said it was “rubbish” that the Nottingham development had been abandoned. “We’ve exchanged contracts which makes us the beneficial owner and we’re going through the planning process to change it into student accommodation. It’s taken much longer than we hoped it would but there’s no question of the scheme not going ahead.”

He added: “He’s reserved six units and is contractually obliged to buy the units and complete. We’ve offered him a number of alternatives but that hasn’t come to anything.”

But Mr Walters told TheBusinessDesk he was not interested in other developments. He said: “I’m not going to let it go, I’m going to take it all the way. They’re not denying they have the money, they even offered to move it to another scheme. They’re not denying it, they just don’t want to give it back.”

A developer for 30 years, Mr Walters said he wanted to “let someone else do the developing” and has also put a deposit of £75,000 down on six flats at FreshStart’s Trafford Press scheme in Manchester which has not yet been completed.

as featured in businessdesk.com by James Graham

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#2 Consumer Comment

freshstart living, empirical property group, pf advisors ltd

AUTHOR: ravegarden - ()

Notice Code: 2450

Petitions to Wind Up (Companies)

In the High Court of Justice (Chancery Division)

Companies Court     No 4211 of 2013

In the Matter of FRESH START LIVING LIMITED

(Company Number 06816500)

and in the Matter of the Insolvency Act 1986

A Petition to wind up the above-named Company Registered No 06816500 of 2nd Floor, Oak Court, Clifton Business Park, Wynne Avenue, Swinton, Manchester M27 8FF, presented on 12 June 2013 by Roger Walters, of 55 Ennismore Gardens, London SW7 1AJ, claiming to be a Creditor of the Company, will be heard at The Royal Courts of Justice, 7 Rolls Building, Fetter Lane, London EC4A 1NL, on 29 July 2013, at 10.30 am(or as soon thereafter as the Petition can be heard).

Any person intending to appear on the hearing of the Petition (whether to support or oppose it) must give notice of intention to do so to the Petitioner or its Solicitor in accordance with Rule 4.16 by 1600 hours on 26 July 2013.

The Petitioner’s Solicitor is Brecher, 4th Floor, 64 North Row W1K 7LL. DX 42701 OXFORD CIRCUS NORTH. (Ref SR/W11-9.)

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#3 Consumer Comment

freshstart living ,charlie cunningham , fresh start living ltd

AUTHOR: Psk111 - ()

NEW INFORMATION FORUM to enable Investors in any of the Freshstart Living/FSL companies to voice any concerns/problems we may havehad. Please use it, and publish the following website address wherever you can.
Hopefully, this will prove beneficial for the many people who have invested money in fresh start living property investments.

http://freshstartinvestors.freeforums.net

 
also, direct email to join the group of concerned investors:     mardwick@inbox.com

 
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#4 General Comment

www.freshstartliving.com

AUTHOR: Psk111 - ()

There is now a single collective forum to enable Investors in any of the Freshstart Living/FSL companies to voice any concerns/problems we may have had. 

Please use it, and publish the following website address wherever you can. Hopefully, this will prove beneficial for the many people who have invested money in fresh start living property investments. 

www.freshstartlivinginvestors.blogspot.com

also, 

direct email : mardwick@inbox.com 
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#5 Consumer Comment

Freshstart stooges posting here

AUTHOR: Chris S - (United Kingdom)

Most if not all the 'glowing reports' of only positive experiences with Freshstart Living are posted by employees of Freshstart Living.    How do I know this ?   Because of the dates they were posted.   On those dates most of the investors at developments in Manchester and Greenock were in dispute with Freshstart.

I know for a fact that non of the people that invested at those two sites can be classed as 'satisfied' with the cavalier and fraudulent conduct of FSL and it's directors.

Rather than operate as an above board, honest and straightforward company they would rather post rubbish on here as damage limitation and to try and convince more innocents to invest and continue with their dubious activities at new developments.
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#6 Consumer Comment

fsl invest, fslinvest, freshstart living ,charlie cunningham , fresh start living ltd

AUTHOR: anonymous - (United Kingdom)

FreshStart subsidiary facing winding up petition

A WINDING up petition has been filed against a subsidiary of the Salford property developer FreshStart Living.

The case against FSL Properties Montgomery will be heard in Manchester on Monday.The business was set up in 2011 to buy Montgomery House, a former YMCA building in Whalley Range, south Manchester, which FreshStart turned into student flats and sold on to individual investors.

Last year FSL Properties Montgomery sold the freehold to Stratford-upon-Avon-based property group Marden Ltd for 930,000.

But a petition is being brought against the company by Dr Ahmed Al-Sened of Wilmslow, who is being represented by Manchester law firm EOS.

FreshStart claims Dr Ahmed Al-Sened is not a creditor and it plans to defend the action when it is heard in court.

In January the building's management company, FSL Management Montgomery, was wound up following action by investors who bought flats in the block but said tenants' rent was not being passed on to them. 

Accountancy firm RSM Tenon has been appointed liquidator by the Official Receiver and claims 140,000 has not been paid. Management of the building was handed over to Hertfordshire-based Residential Management Group before Christmas.

Meanwhile, it has emerged that a FreshStart student scheme in Bradford was shut down in November for breaching fire regulations.

Following an inspection of Provident Financial's former headquarters, Colonnade House in Sunbridge Road, West Yorkshire Fire Service issued a prohibition notice. The fire service said there were inadequate means of escape and inadequate means for giving warning.

FreshStart acquired the nine-storey 1960s building in 2011 and was converting it into 200 student rooms. At the time of the inspection only the top three floors had been completed and were occupied by up to 70 students who were forced to move out.

FreshStart said a re-inspection had taken place in the past two weeks and it should be signed off soon. A register on the Chief Fire Officers Association website shows the notice is still in force.
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#7 UPDATE EX-employee responds

Fresh Start Livinng / Camilleri

AUTHOR: Mucka - (United Kingdom)

If you look at the insolvency register it is very suspicious how many people with the surname Camilleri appear in the Swinton area who have been insolvent. Have a look for your selves as well, its free access to public. Also Andrew Camilleri still calls all the shots in the office and referred to as boss by the sales team, I know this to be true as I was there, funny that this is the case considering he officially isnt meant to be linked. If there are any insolvency proceedings being carried out such as a CVA I hope the Insolvency Practicioners investigate these coincidences thoroughly, fortunately this is an industry I know very well also. 
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#8 Consumer Comment

Fresh Living Update

AUTHOR: D. Goodwin - (United Kingdom)

Please see the following link a press release re the liquidation of Fresh Start Living MM Ltd: 

http://www.rsmtenon.com/Media-Centre/Press-Releases/2013-press-releases/06-February-FSL-Management-Montgomery-Limited-trading-as-Fresh-Start-Living-placed-into-liquidation.aspx 

Any owners at Greenock who have not already made contact with the owners groups can do so by contacting nilak@btinternet.com.

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#9 Consumer Comment

freshstart living ,charlie cunningham , fresh start living ltd

AUTHOR: anonymous - (United States of America)

IN THE LUTON County Court

Claim number 2QZ22139

Luton County Court
2nd Floor, Cresta House Alma Street
Luton Bedfordshire LU1 2PU 

Tuesday, 15th January 2013

Before:

DEPUTY DISTRICT JUDGE MCCOURT

- - - - - - - -

SK------
Claimant

-v-

FRESH START LIVING LIMITED

Defendant

- - - - - - - -
MR STEPHEN DYER (of Neves & Dyer) appeared on behalf of the Claimant.

THE DEFENDANT did not attend and was not represented.

- - - - - - - -
 
DEPUTY DISTRICT JUDGE MCCOURT: I should say, Mr Dyer, as is customary, this hearing is being recorded. You may not know that, Mr Dyer. You represent the claimant, Mr Skinner.

MR DYER: That is correct. 

DEPUTY DISTRICT JUDGE MCCOURT: And you may not know that yesterday there was an email from Fresh Start, from one Hannah Jones, apparently, said to be for and on behalf of Chris Hutchinson, in-house lawyer. "Please note that there is nobody for the company available to attend the proposed hearing at Luton tomorrow. We apologise for the late notice provided. If we are able to arrange, can you please advise how?" It is not for the court to advise parties. The parties, if they are making applications to set aside judgment, they should surely, of course, attend. Have you had any correspondence, Mr Dyer?

MR DYER: No. I had late instructions on this matter. I know what it is about. All I have seen is an application to set aside which says

DEPUTY DISTRICT JUDGE MCCOURT: Let me tell you. I have a limited file and there are cryptic notes. The claim is for a 15, 000 deposit for A failed property purchase, plus interest and costs. "Fresh Start Living Limited represented to me verbally and by way of email that they had acquired a property known as Victoria House, Milton Street, Nottingham. FSL verbally stated that the property conversion would be completed by September 2011. On 30th June 2011, FSL by way of email set out the time scale for exchange and completion. Based on these representations, on 7th July 2011 I signed an agreement to purchase. My solicitor" That was not you at that time, was it?

MR DYER: It was.

DEPUTY DISTRICT JUDGE MCCOURT: It was you. "My solicitor later discovered FSL never owned this building and may never be in a position to purchase it". Is that correct?

MR DYER: That is correct. 

DEPUTY DISTRICT JUDGE MCCOURT: "FSL refused to refund our deposit, which is unreasonable". So there was a judgment in default. It appears that that process was quite proper, i.e. the judgment was a regular judgment, because the application says so. The application is signed by one Philip Wright, whose status in the company is not made known to me - or to you, presumably.

MR DYER: No. 

DEPUTY DISTRICT JUDGE MCCOURT: He says, "We missed the time frame stated in the CPR due to an administrative error by one of our temporary employees." This takes the case out of CPR 13.2, which, of course, is the provision for irregular judgments and I am left with an application. I am not going to adjourn this matter. I am going to deal with it. That means that it is under CPR 13.3, cases where the court may set aside a judgment entered under part 12. "The court may set aside a judgment entered under part 12" - that is the default judgment, of course. It was a default judgment, was it not? 

MR DYER: Yes, That is correct.

DEPUTY DISTRICT JUDGE MCCOURT: I should for completeness say that judgment was on 1st November. "If the defendant has a real prospect of successfully defending the claim or it appears to the court that there is some other good reason why the defendant should be allowed to defend the claim".

All we have from the defendant is the application which simply says - this is Mr Wright's statement in support of the application - it confirms the administrative error and then says, "The judgment came as a shock as we wished to robustly defend the claim that has been served upon the defendant company. I believe, if the courts were in receipt of the full written and incidental evidence, they would not have come to this decision". That does not help me. There is no reason, of course, why the witness statement should not give me some clue as to what, indeed, the defence is and, similarly, I am not too impressed by the fact that the defendants are not here. They could, of course, have instructed a solicitor or an agent to attend. 
Is there anything further that you want to add, Mr Dyer?

MR DYER: In a nutshell, I think that you have argued my case for me, sir. 

DEPUTY DISTRICT JUDGE MCCOURT: Yes, because the defendants are not here, I thought it appropriate for the purposes of the record to state the reasons why I am, therefore, dismissing the application. I am going to do precisely that. I am not striking it out, I am dismissing it, because I have dealt with it. Application dismissed.

Costs, Mr Dyer?

MR DYER: I have done a very foolish thing this morning. I thought that I should bring my original file in connection with the purchase, which I took out of our archives, and I left the file that I prepared to bring to court on the side.

DEPUTY DISTRICT JUDGE MCCOURT: Are you actually on the record?

MR DYER: I was about to file the notice of action. I had all that prepared and left it in my office in Hitchin.

DEPUTY DISTRICT JUDGE MCCOURT: Right. I am going to make, I think, the appropriate order.

MR DYER: The costs that I worked out this morning were 546 plus VAT.

DEPUTY DISTRICT JUDGE MCCOURT: Well, you are not on the record.

MR DYER: So I am in difficulties. 

DEPUTY DISTRICT JUDGE MCCOURT: You have not prepared a schedule, so I am going to say no order as to costs. Should this proceed, no doubt you will file notice of acting and away we go, but I think that the defendant will now have an uphill struggle as the defendant has, of course, voted with his feet by not attending. There we go. Application dismissed.

MR DYER: I am obliged, sir. 
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#10 Consumer Comment

BBC INVESTIGATION

AUTHOR: D. Goodwin - (United Kingdom)

I believe that the BBC are looking into this matter as we speak! Be under no illusion it is a Ponzi scheme.... Be warned.
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#11 Consumer Comment

freshstart living charlie cunningham

AUTHOR: anonymous - (United States of America)

Fresh Start Living Limited has approached creditors with a view to agreement to a CVA (company voluntary arrangement). It is insolvent.

Any creditor considering this option should bear in mind that the director of Fresh Start Living Limited, Philip Wright, placed his last company (Wrightchoice Developments Limited) into a CVA which failed.

Wrightchoice Developments Limited is now in liquidation. The value of creditors is 6million.

NO ONE HAS RECEIVED A PENNY.
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#12 UPDATE EX-employee responds

fresh start living charlie cunningham

AUTHOR: StarPlayer - (United States of America)

I can tell you that the positive reports above were placed by employees of Freshstart Living. AVOID THIS COMPANY AT ALL COSTS. YOU HAVE BEEN WARNED!!!!
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#13 Consumer Comment

My view

AUTHOR: Babs526 - (United Kingdom)

I had a great experience with them.  It's like my bank.  I have never had any problems with them but my friend has. I must admit she is a very difficult person to deal with sometimes, but still. 

I am also a firm believer that if you are rude to someone, they are less likely to want to help you and you get nowhere. No one wants to do you any favours if you are difficult to deal with.

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#14 Consumer Comment

Fact or fiction

AUTHOR: Ashley Morison - (United States of America)

I have regular contact with the company and never had any issues after buying property. The BBC use their CEO as a property expert, don't you all think the BBC check out their guests for BBC Breakfast before throwing them on the TV.
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#15 Consumer Comment

retirement investment

AUTHOR: c.bing - (United Kingdom)

Like Robby I also find this hard to believe. I purchased a number of units a year or so ago and I've only ever had good experiences with them. They've made me plenty of profit on what was my retirement investment and I've recently recommended them to a friend who's looking to invest also.
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#16 Consumer Comment

obby

AUTHOR: c.bing - (United Kingdom)

Like Robby I also find this hard to believe. I purchased a number of units a year or so ago and I've only ever had good experiences with them. They've made me plenty of profit on what was my retirement investment and I've recently recommended them to a friend who's looking to invest also.
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#17 Consumer Comment

Look for yourself

AUTHOR: robby - (United Kingdom)

I find this difficult to believe.  They always call me back and I can usually reach someone easily.  Montgomery House is mentioned above and is made out to be terrible but I would suggest a visit.  It's rather nice. I don't know anything about this Bispan one but I can vouch for Montgomery.  So based on this I would recommend that people look for themselves.
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#18 REBUTTAL Owner of company

www.freshstartliving.com

AUTHOR: bob lapel - (United States of America)

Just seen this on a forum

Thanks to everyone for the information. Been considering an investment with FSL in Greenock (Waterfront Campus). A little due diligence has revealed the following. FSL are currently selling student pods in Greenock. However they have not yet purchased the property and it is still for sale through Knight Frank (you can check this on their commercial website). Solicitors have apparently been instructed but NO deal has yet been struck. Which means another buyer could still surface and purchase the property from under the very noses of the individual purchasers of the pods. I wonder how easy it would be to get our money back if this should happen, given the info previously posted about the directors.

Also, the pods are advertised by FSL as ready for occupation next month with the new student intake but this is clearly not going to be possible as work in preparing the rooms has not yet begun, nor can it until the sale is completed.

Interested to know if anyone has bought a pod in Greenock and what their due diligence has revealed.
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