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I've been bumped...

Filed Under : Rants , Other

Posted By : Coldplayer | Comments : 25

...need some advice.


In my non-band time I use the P.A. to do some DJing at private parties and the like, and a few months ago I was offered some work with a DJ agency called Party Time Entertainments. I met the guy running the show in person and although he chatted on a bit it all seemed above board and every job he was offering me had a contract that went with it.

A few weeks back I did my first job for them in Keighley. A few days before the gig I got an e-mail off the man in charge saying that as he worked in Rhodes over the holiday season he was selling on his business to another party company and all old bookings were to be passed onto the DJs, whilst all new bookings would be through the new business. The client for the above gig had paid via the PTE website so it was agreed that after I'd done the job I'd be sent a cheque for the money I was owed. True enough, the day after the job I got an e-mail off Aaron (the aforementioned man) asking what my address was, shortly after he said he'd sent the cheque. A week passed and no cheque, I contacted him and he said that it could take a while as he was visiting family in Ireland. I waited another 10 days and still no sign, so Aaron said he'd cancel the cheque with his band and sort out the payment in person.

A few days later, I still hadn't received contact from him so I decided to call. Lo and behold his phone number went straight to voicemail so I sent him an e-mail addressing the issue and my fears that I wouldn't be paid. He then replied saying that my payment was nothing to do with him after all and that a girl called Ceri sorted out all of his admin stuff and was responsible for selling the business and that I should talk to her, he left me two e-mail addresses for her. This conflicted a bit with what he'd said earlier, as if my fee wasn't his responsibility, why did he say he'd sent a cheque to me? Suprise, suprise... both e-mail addresses didn't work.

At this point I was panicking as to my knowledge Aaron was moving away that weekend and he wasn't replying to my e-mails complaining about the dodgy addresses. So, I took matters into my own hands, I decided to find Ceri through his facebook friends and contacted her over there. It turns out I had the wrong person, and this girl was just infact his cousin, but as I'd got my wires crossed a bit I then got a very abusive e-mail off Aaron calling me a 'silly little fucker' for having 'stressed' out his cousin by 'pestering' her. Obviously this was untrue as my messages to her were very polite and she was nice back to me, so clearly this guy has a bee in his bonnet otherwise there would be no psycho response. Anyway, he left me a phone number for the real Ceri so that's that I presumed. I haven't had chance to call until today (to my knowledge, Aaron is now in Rhodes) and you won't be suprised to hear that the number has gone straight to voicemail. I've left a message with her and an e-mail Aaron, but I'll be shocked if I get a peep back.

Another worrying point is that the new party company is actually owned by Aaron's brother, who I've e-mailed about this problem. In response I got a very stern 'Aaron has nothing to do with this business'.

So, anyone got ideas what I should do? The money is not a colossal amount (£140), but I'm only a student so the entertainment industry is my only source of income. Plus I spent £40 getting my gear PAT tested just so I could be all nice and professional at the job and Keighley is a whopping drive from mine.

Thanks for reading, I appreciated it's a very long and boring story, and any advice would be much appreciated.

Gareth

Comments

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# Posted by ST Photography - VIVA LA COMMU... - 26/04/2010, 14:35 (GMT)

My first call would be to Citizens Advice. My next call would be to a small claims specialist. My third call would be to Aaron saying that unless the money is received within 3 days, the legal eagles will be on his ass and freezing his assets until the debt is paid.

It may only be £140, but it's the principle. And as you are no doubt aware from my contributions to this site....I am a man of principle lol


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# Posted by SKP - 26/04/2010, 14:41 (GMT)

what a shitter when that happens! hope you manage to get it sorted - people like this need to be taught a lesson!
We had it happen to us once at a venue on this site with previous managers - i only agreed to return under new managers after explaining the story and requesting payment upon arrival!


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# Posted by Coldplayer - 26/04/2010, 15:15 (GMT)

Thanks for the advice ST. I've just been on the phone to the Citizens Advice and I have all the forms I need to make a small claim. I've e-mailed Aaron to say that if he doesn't sort it out within a week then I will launch the claim. Fighting talk, I love it!


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# Posted by Drum Bloke™ - that bloke that... - 26/04/2010, 15:32 (GMT)

@VIVA...

Yes be interesting to see how this develops and to see if the hammerhead starts a 'new' entertainments agency...


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# Posted by Scott - Metalleeka - 26/04/2010, 15:40 (GMT)

Gareth, delete his comment and delete yours and any related to it. It has nothing to do with your original thread and all it does is show him that he has succeeded in winding you up.


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# Posted by Coldplayer - 26/04/2010, 15:42 (GMT)

Just done Scott. Thanks for the tip mate.


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# Posted by Scott - Metalleeka - 26/04/2010, 15:44 (GMT)

No worries, the only way to combat this sillyness is to ignore it.

Still, good on ya for going through the small claims court.
My mate in Eden's Curse got screwed for £4000 by their then manager when they support Alestorm a few months ago. I think they are still chasing it.

Hope u get it sorted.


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# Posted by Mark bassist in Piggery Bandan... - 26/04/2010, 16:04 (GMT)

@ Gareth - am doing something of a similar nature at the moment - not music related .... Its online small claims basically ..... The onus is on them to defend when you submit .... Good Luck


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# Posted by Coldplayer - 26/04/2010, 16:06 (GMT)

@ Drum bloke. You're right mate, I wouldn't be suprised if his 'brother's' business if actually the same guy just renaming himself to get any old disputes off his back.

@ Scott. Oh dear! How did they managed to get bumped for so much cash? Did they have to pay for the tour upfront and then got had off for the expenses afterwards?


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# Posted by ST Photography - VIVA LA COMMU... - 26/04/2010, 16:37 (GMT)

# Posted by Viva La Coldplay - 26/04/2010, 15:15 (GMT)

Thanks for the advice ST. I've just been on the phone to the Citizens Advice and I have all the forms I need to make a small claim. I've e-mailed Aaron to say that if he doesn't sort it out within a week then I will launch the claim. Fighting talk, I love it!

Good lad! Love it. Be sure to let us all know how you get on. ST - championing the rights of the musician!!


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# Posted by Willow (of somebig™Fish) (Reti... - 26/04/2010, 16:42 (GMT)

There's no such thing as "only £140" when these things happen. Your £140 becomes someone else's £1400, then £14000 etc etc.

Good advice about small claims .. you have all the contractual bits and bobs and he'll shit hisself when that starts hitting him. IF he's legit and traceable etc etc ..

Good luck mate, hope you get what's owed
Willow


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# Posted by Willow (of somebig™Fish) (Reti... - 26/04/2010, 16:42 (GMT)

Bit sorry I missed the deleted comments tho!! Love a good barney!
LOL
WtF


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# Posted by ST Photography - VIVA LA COMMU... - 26/04/2010, 16:47 (GMT)

More often than not, these sharks get a bit twitchy when the courts come after them.

In after the barney though. What did I miss?


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# Posted by Coldplayer - 26/04/2010, 16:52 (GMT)

@ST Oh, dalek came on and basically suggested that because I'm in a tribute band then I deserve it. I took Scott's advice and deleted it before it all got a bit out of hand and off-topic. I've also pm'd the dalek and told him I thought his comment was a bit unfair considering I'm a bit upset about this. Waiting for a reply...

@TBF I have a question for you. I do have an address for him and all the documents I need, etc. However, what happens if he just simply refuses to respond and the letters go straight in the shredder?


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# Posted by Bad Horsie (Mick) - 26/04/2010, 16:56 (GMT)

"I've also pm'd the dalek and told him I thought his comment was a bit unfair considering I'm a bit upset about this. Waiting for a reply..."

Again you're assuming he's a real person. He's not. He's a troll account. Designed exactly for this. Ignore "him".


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# Posted by Willow (of somebig™Fish) (Reti... - 26/04/2010, 17:00 (GMT)

Gareth, I assume the legal side takes care of that. I have absolutely no knowledge of it however, although that never usually stops me having a say (before anyone else says it!!) LOL
If he's a registered business with a registered address etc than I'm sure he can be served with stuff.

Over to the rozzers then!!
Willow


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# Posted by Roj (Black Rose) - 26/04/2010, 17:13 (GMT)

Small claims defo, don't if The Musicians Union could help, if your in it that is. Or you could "sent The Boys round"


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# Posted by Tubthumper - 26/04/2010, 17:18 (GMT)

Sorry about the long winded post before I start.....lawyers can't say anything succinctly (allegedly) as we used to be paid by the word.....

1. Sue the person your original contract was with

Its not your concern if and when the business was sold on - its up to the owner of the business to assign the debtors and creditors to the new owner and obtain an indemnity from them as regards any liabilities. Don't get drawn into any argument that the new owner should pay you. If your contract is with A then A pays you. If A doesnt then you sue him and he in turn sues whoever he alleges to now be responsible for the debt which will take effect as having that party joined into your claim as a second defendant to your suit.

2. Make sure you issue your writ against the correct defendant.

Sole traders and partnerships are personally liable for their debts (and incidentally can't escape them by simply changing their trading name as personal liability remains unless they have themselves declared bankrupt). You must sue the owner/partner in their personal name but you may add "trading as......." and then the name of their business after. If its a partnership make sure you sue all partners, not just the one you had dealings with.

Limited company liabilities are limited to the assets of the company. The directors/shareholders are not liable for the debts of the company beyond the value of share capital etc. Sue the name of the company, but check with companies house to make sure the company isn't in liquidation first as otherwise your just wasting your issue fee when you lodge your claim at court. You can do a free company search online. Unfortunately, companies can avoid their liabilities by going into liquidation then arising from the ashes in a different guise but doing exactly the same thing with the same directors etc.

3. Further action

If your contract is with an individual then he is considered "served" with your claim provided it is properly sent to his usual address by ordinary first class post. He then has a set time to enter a defence and if he does not then you can apply for a judgment in your favour by default and will be granted it. You may then take separate action to enforce that judgement against the defendant eg attachment of earnings order, bailiff seizure of his godds to the value of your claim and your court costs. If he doesn't have any assets in the UK then this will be problematic for you.

Anyway, hope that helped somewhat.

Good luck

Nic


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# Posted by Tubthumper - 26/04/2010, 17:24 (GMT)

Sorry....meant goods...not godds!

I should have added that a usual tactic for defendants is to apply to transfer your case to the court nearest their home as a way of putting you off pursuing it. You can challenge that tho on the basis that you were more than reasonable in trying to resolve this without recourse to legal proceedings and that it would cause undue hardship to you to travel to his locality. He may not know of that right anyway. For most people the issue of proceedings is enough to make them pay up. It's worth your contacting him again to say you've taken legal advice and unless he settles your claim within, say, 7 days then you have prepared legal proceedings and will have them issued against him without entering into any further correspondence with him.


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# Posted by Willow (of somebig™Fish) (Reti... - 26/04/2010, 17:26 (GMT)

WOW! <Makes a note of Tubthumpers details for future reference>
NowThat'sWhatICallFreeLegalAdvice I

:0)
Willow


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# Posted by Coldplayer - 26/04/2010, 17:35 (GMT)

@Tubthumper. Your cheque's in the post mate! Or is it?!? Really appreciate the length you've gone to to advise me there mate. This has pretty much convinced me that I have strong grounds to contest this so contest I shall, without resorting sending the boys round! LOL


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# Posted by Chipps the Bassist - 26/04/2010, 17:56 (GMT)

Hope you get your money back mate! If not, we hope this 'aaron' gets everything he deserves! :)


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# Posted by Rumble Fat Band - 26/04/2010, 18:50 (GMT)

Gareth, Been there and we did this.
Send a message to Aaron telling him you have spoken to the MU Legal Department who have pointed out that your contract, (whether verbal or written), is with HIM and it is up to HIM to pay you. Doesn't matter if you're not a member, I wasn't at the time
Tell him you will give him a week to settle up or you will pass the details to them and they will persue the claim on your behalf.


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# Posted by Bill, Route66 - 26/04/2010, 22:50 (GMT)

hi gareth
only just seen your plight, so this may be sorted by now, but as a practising lawyer who is also in a band, one or two comments to you re advice are incorrect, firstly, no use calling the rozzers, as someone said, this is a civil claim, not criminal, so you will have to persue it through the courts, do not mention'small claims', as this is restricted payouts and if this person knows anything about law he will know payouts are small and limited, and he wont be bothered. your claim is against the person you took the contract out with, written or verbal, makes no difference , it's a contract
send aaregistered letter stating you wish this to be settled in full within 14 days,or legal action will be taken against him and all subsidary companies he is involved with
if he doesn't respond, DO IT , OR HE WILL TAKE NO NOTICE OF ANY OTHER CORRESPONDANCE, AND YOU MAY AS WELL GIVE IN, SUE FOR BREACH OF CONTRACT AND DECEPTION
HIOPE THE ABOVE HELPS IN SOME WAY
BILL


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# Posted by Markk (Vankwish) - 27/04/2010, 21:23 (GMT)

if you have already lost the money, then sell the debt on, you may get half of your cash, but no extra outlay on the monies owed. then he will be perused to within an inch of his life for the money and then some for their fees (or knee caps if they so wish;))


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