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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im a singer who recently completed a 6 month contact on a cruise

Resolved Question:

Im a singer who recently completed a 6 month contact on a cruise ship. I got the job though an agent. During the contract the agent did not pay me for a 5 week period. After emailing, calling and texting many times with no reply I approached the production company who i worked for and asked them to pay me direct. They continued to pay me for the rest of the contract direct. Eventually i was paid the outstanding amount by the agent but extremely late and completely out of the blue. I Have had no contact with the agent since however they have now sent an invoice to me for the outstanding commission (£1000) . The original contract with the agent stats 5.7 'The Manager commits to paying all monies owed to the artist minus commission deduction within 10 working days of receipt of any monies' this obviously did't happen and caused me a lot of grief as i was on a cruise ship in the middle of the sea for this period. Do i have to pay the money or did they break the contract rendering it null and void.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know why the agent did not pay you ?

Customer:

Not sure. They were paying from the beginning the just stopped. I understand the company had some financial difficulties which was documented in 'The Stage newspaper

Alex Watts :

Ok - so you didnt get paid from the agent but they want their money? (In short)

Customer:

Didn't get paid for 5 weeks then eventually did get paid after around 8 weeks.

Alex Watts :

Ok - but direct though right?

Customer:

Yes.

Customer:

I guess i need to know if the commission should be paid as i feel they broke the contract?

Alex Watts :

I think you should only pay contract on the weeks you were paid by the agent.

Alex Watts :

I dont think you should pay for commission which you were paid direct.

Alex Watts :

You were not paid when ought to have been, so why should you pay that commission

Customer:

so do you mean in the late payment ??

Alex Watts :

The agent fundamentally broke the contract, therefore you do not need to pay for the weeks you were paid direct

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

The weeks you were paid direct - no fee is due

Alex Watts :

The weeks paid by the agent - fee is payable on that

Customer:

Ok so do i just tell them this via email as they have sent invoices for the commission ? Payment date is tomorrow

Alex Watts :

Yes do this via email.

Alex Watts :

I can't see how they can claim permission for the non agent weeks

Alex Watts :

As you had to go direct as they didnt pay you! Cheeky really

Customer:

I know. I went direct as i thought they might not ever pay me. Now they want commission for doing nothing!!!

Alex Watts :

Indeed. You can say it was a fundamental breach and not due

Alex Watts :

Does that help?

Customer:

If they send another invoice or debt collectors letter do we need a solicitor??

Customer:

Thanks for your help

Alex Watts :

No, it would only be a small claim and you won't need a Solicitor

Customer:

Thanks again we will reply now

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

Thanks

Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

could you just read this over

Hi


I am writing to you reference the email I have received regarding 'Commission'

As you know during my contract on board the ************ I was not paid by you on time for a period of around 8 weeks. During this time I tried to contact you numerous times via phone,text and email and even spoke to Paul **** briefly who assured me he would call back or a least reply and sort out this mess, he didn't. These phone calls were extremely expensive as i was out of the country. All this information is documented. I was not the only artist trying to do this.

This left me in a very venerable situation. Not receiving this money on time or at least an explanation for this caused me great stress and I completely lost confidence in my agent. I was very disappointed.

I have had to take some legal advise regarding this matter and have been told that you have fundamentally breached the contract in clause 5.7 'The manger commits to paying all monies owed to the artist minus commission deduction within 10 working days of receipt of any monies' rendering this agreement null and void. I have paid commission on all monies paid to me directly from yourselves therefore these invoices recently sent are not applicable.

Once again I am very disappointed with the way this has turned out. Having no money and being at sea is not the ideal situation for a 25 year old girl especially being kept in the dark and not knowing if i was ever going to be paid. I now look at this matter as closed and do not wish to pursue any further legal action at this stage.

Many Thanks
Expert:  Ash replied 2 years ago.
Yes that seems fine. But legal advice is spelt with a C not an S!
Alex
Customer: replied 2 years ago.

Hello Alex,

I spoke to you on the 5th March with regards ***** ***** x agent who is chasing me for commission they think I owe to them from when I worked on a cruise ship. Not sure if you can see everything I said in previous messages on here.

I sent them an email which I copied to you but they are now threatening to take me to a small claims court and have issued a letter from 'Debtguard' which I have received via email.

Just wanted a bit more advise on what to do at this stage?