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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Not sure if this is the correct section to ask this but ... My

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Not sure if this is the correct section to ask this but ...
My son runs a small business taking bands on tour. In May he had a band booked and unfortunately his vehicle broke down resulting in them missing the first gig of the tour, they said they were being paid £2000 for the gig although we have no way of verifying this. They had a second tour booked with him in June which we expected them to cancel and then quite suddenly 2 weeks before it they said they wanted him to do it. There were some issues, a blown tyre, the bus over heated in excessive 40deg heat going up the Alpes but they got to every gig however after 9 days of a 17 day tour they decided they no longer wanted him to drive and found someone else.
Now they are refusing to pay for the days he drove them siting the loss in May as the reason, each tour was booked on separate contracts and in my opinion they set out to take the June tour with no intention of paying.
I believe that each tour must be kept separate and if they want to claim compensation for the May tour they should take the proper steps to do so rather than now refuse to pay for the work carried out in June. Could you advise me on the legal position please.
Thank you
Lisa Candy
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How much is he owed for the work he already undertook for them, but for which they are refusing to pay?

Customer: Hi Ben
Customer: Hi Ben he is owed £1800 for the tour at the agreed rate of £200 per day plus £198 for the EuroTunnel crossing, his booking contract states that all fuel and channel crossings are to be paid by the band, usually he insists on payment for crossings in advance but the band specifically asked him to pay for it promising reimbursement Lisa
Ben Jones :

Hi, thanks for getting back to me. If the agreements in question were governed by separate contracts then each one must be treated separately and the company cannot rely on the fact they were dealing with the same person to try and withhold payments form one agreement by offsetting it against another. If they do so they would likely be acting in breach of contract and he could potentially pursue them for the payments owed.

If he was to pursue them for these payments, they could potentially make a counter-claim for the payments they believe he owes them and in the end it could end up that both contracts would be pooled together and what he is owed may be offset against what he owes them so the outcome could be the same. However, that would only happen once a formal claim has been made and a counter-claim has been issued by the other party. Until then the two contracts would be treated as separate and each party would have separate obligations under each agreement.

So you are correct that they would still need to pay him for the money owed under the contract he had honoured and if they believe that he did not honour another agreement they would have to pursue him separately for that. But if they refuse to pay him and he makes a claim against them, they can still make a counter-claim and try to offset that money from what he is actually owed.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Thank you Ben your answer confirms what I was thinking and I can now proceed.
Customer: once again Just Answer has been very helpful
Customer: Lisa
Ben Jones :

you are most welcome, all the best

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