BAD DEBT CANCELLED GIG 10th OCTOBER

[CRAZY K]

Think I am heading for a problem with a registered Charity, unbelievable really.

Signed Contract with simple cancellation clause, cancelled 7 days out with an email--we aren't having the function, no reason given or apology or offer to pay cancellation fee.

Third Customer this year who has taken this attitude. Wots going on?

We invoiced £200 immediately we are owed to get a reply the organiser was away for 7 days.

Phoned and left message please contact us. nothing.

Called the organiser at 9pm one evening as it revolves around a Youth Centre and caught out the offending rude person.

I'll get the treasurer to deal with it when I see them was the answer--hmmm that was 10 days ago.

I get the impression they hope we are going away--very bad move.

I have stayed pleasant and professional BUT I think that's going to end tomorrow.

I'm thinking Small Claims Court ---any suggestions apart from the more obvious ones of legal threats and reporting them to the Charities Commission?

These people appear to have a very bad attitude so before you ask--I'm going for it even if I don't get much back, course I could be wrong AND THE CHEQUE IS IN THE POST,

CRAZY K

ANNOYED OF NORTHAMPTONSHIRE

[DJ Jules]

Firstly, have you sent a written follow up to the invoice clearly stating what will happen if they don't pay and when it will happen (including details of any fees that will be added to the debt?) If not, do so before you get to small claims. It's also worth following this reminder up with a final demand to show that you are both organised and serious about obtaining payment. It also sounds like you need to address any correspondence to "The treasurer". Be careful and don't visit in person or overdo the phone calls as this could be considered harassment.

Secondly, don't bother with the charities commission, bad debt isn't anything they're interested in. Legal threats would also be empty threats as really your only path is Small claims and anything else you threaten is likely to make you appear unprofessional (and consequently make it less likely that you'll get paid!)

Julian

[CRAZY K]

Firstly, have you sent a written follow up to the invoice clearly stating what will happen if they don't pay and when it will happen (including details of any fees that will be added to the debt?) If not, do so before you get to small claims. It's also worth following this reminder up with a final demand to show that you are both organised and serious about obtaining payment. It also sounds like you need to address any correspondence to "The treasurer". Be careful and don't visit in person or overdo the phone calls as this could be considered harassment.

Secondly, don't bother with the charities commission, bad debt isn't anything they're interested in. Legal threats would also be empty threats as really your only path is Small claims and anything else you threaten is likely to make you appear unprofessional (and consequently make it less likely that you'll get paid!)

Julian

Many thanks Jules, invoice simply stated pay within 7 days.

I think as nothing received will issue final invoice confirming 14 days otherwise legal action will be taken.

I have been recommended to send a recorded delivery letter for the final Invoice although this sometimes doesn't work as I have had them rejected and returned through Ireland many weeks later--that's the Post Office system apparently

So unless I get a signature leaves my case weakened I think.

That costs about £7 !!!

Also because the organisation doesn't appear to answer the phone during the day that might be an issue as the letter may not be able to be delivered, they of course would deny receiving, I suppose a matter of fact text to the rude person who is behind all this wouldn't hurt and of course an email.

Do we know the legal significance of emails and text in these situations?

Awaits a directive from Corabar

Any thoughts and suggestions much appreciated and finally do you find small claims approach successful, I notice some earlier posts where you have been involved--we have never had to go this far in over 35 years trading--not good.

Getting accused of harassing people because you are asking for your money is pathetic--but I hear what you say and will take your advice.

Many thanks,

ALAN
CRAZY K

[DJ Jules]

EMails carry as much weight as printed letters now. I've been advised to send things recorded delivery in the past, but I now don't bother as people who are in trouble and are used to these processes will never accept or collect recorded letters and you have to bear in mind that if you do go through Small claims, the court documents aren't sent recorded delivery anyway!!

I've gone through small claims three or four times now and won every time. There's more cases where I've followed the process I've outlined and they've paid up before I've got to Small claims. Unfortunately there has been one where I've abandoned them as I've been pretty sure that even if I'd have taken it through Small claims, I'd have been very unlikely to ever see the money.

Getting money out of businesses/charities is usually easier. Getting it out of individuals is harder because they might just not have it.

Julian

[ukpartydj]

I personally would still send a recorded letter as I see it as more formal. If you didn't pay your phone bill surely they'd send you a letter and a email?

I sent one the other day which only cost £3 or less.

Don't forget you can charge £40 compensation and claim interest. This would cover the cost if postage.
My approach would be:

Send invoice with your payment terms.
Once period stated in payment terms has passed send an arrears notice with interest and compensation included with 14days to settle before submitting to court.

Easy to get wound up and rush things but should it ever be disputed (which would be silly if your contract states cancellation fees) it may reflect badly on you.

I'm currently waiting on a court date myself for a failure to pay with another DJ service. Never been to court so if that goes through it should be fun!... Cannot wait.... Hmmm

[DazzyD]

I'm on a DJ page on Facebook that has a large number of our colleagues in the US. There is a lawyer on the page who seems to specialise in contract law (any members here that are also on that page may know him by his initials "JJ" ). It would appear over there that they cannot simply include a cancellation fee in their T&Cs as they cannot charge for work not provided. I just wonder how long it will take us to catch up with this way of working, especially with the impending TTIP agreement!

If we do follow the US, then posts like this will become a thing of the past.