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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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there,I spoke to one of your online solicitors back

Resolved Question:

Hi there,
I spoke to one of your online solicitors back in March.
I am a singer and recently finished an 8 month contract on a cruise ship. During this time, my ex agency didn't pay me for 3 weeks even though they had been paid by the production company. The production company paid by ex agency on the 23rd October 2014 and I did not see this payment until the 14th November 2014. I tried numerous times to call and text them while in a different country and had no response what so ever. It was very frustrating as I had bills to pay and had no contact to tell me what was going on.
During the 3 week period I took it into my own hands to get paid directly by the production company as I had heard nothing from them and didn't trust if I would be paid by them again.
Many people had told me and I had read online that they were in great financial difficulty where the company has now gone under and changed their name.
It states in my contract with them that they have up to 10 working days to pay me and was told by one of your online solicitors that they had broken their contract by paying me 16 working days. She said they had broken their contract with me and as they were not acting as my agency anymore, they couldn't ask for commission on money they had not collected for me.
I had not heard from them from when they paid me late (14th November) to when they invoiced me for commission in february this year.
I am currently in dispute with my ex agency for commission they think I ow them (£948) and have threatened me with a 'debtguard' letter threatening to take me to a small claims court.
I have kept all records of un answered texts and phone calls to them as evidence as I really feel they are cheeky to ask for this money.
I am just wondering whether you are able to look over my contract that I have with them and give me your advice on this matter please.
Thank you so much.
Beth Gore
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Yes it was me. Can you attach it here?
Customer: replied 1 year ago.

Attachment: 2015-04-14_204802_beth_gore_ashlive_contract2012.pdf

Hi again Alex!

I have attached my contract in this message. Hope you can open it okay...

Expert:  Ash replied 1 year ago.
Yes. What is it you would like to know?
Alex
Customer: replied 1 year ago.

I just wanted to get your confirmation again that they breached their contract by paying me late now that you have read the contract I had with them.

Also, I have copied their reply below to the email I sent after contacting you last time.

They admit they didn't pay me on time once. I'm hoping this is proof they completely broke their contract with me and that they cannot claim the commission.

I would really value your advise and legally would like to understand what my next step is please?

Dear Beth


Thank you for your email.

Accounts have sent it over to me now I am back from holiday.

I’m not entirely sure if there is some confusion from your end. I think it best that I clear some facts up for you.

"As you know during my contract on board the MS Boudicca I was not paid by you on time for a number of weeks. During this time I tried to contact you numerous times via phone,text and email and even spoke to Paul Leno briefly who assured me he would call back that day 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."


In the above statement you say you were’nt paid by us on time for a number of weeks?

Can you elaborate on this? I have pasted all transactions below for you which will show that infact there was only 1 payment which didn’t comply with clause 5.7 as you quote further down in the email.

I’m not sure where “number” of payments come from. Please correct me if i’m wrong on this and have missed something.













23 Jun 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 23/06/14 0050 , 500000000126408385



187.50
















30 Jun 2014



OTR



CALL REF.NO. 2006 , MISS B M GORE , FP 27/06/14 10 , 23183157683383000N



-



159.39




Paid within 5 working days.














30 Jun 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 30/06/14 1434 , 400000000127809257



187.50

















4 Jul 2014



OTR



CALL REF.NO. 2010 , MISS B M GORE , FP 04/07/14 10 , 15100001498068000N



-



159.38




Paid within 4 working days.














7 Jul 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 07/07/14 0242 , 600000000129337506



187.50

















11 Jul 2014



OTR



CALL REF.NO. 2015 , MISS B M GORE , FP 11/07/14 10 , 63172838508766000N



-



159.38




Paid within 4 working days.














14 Jul 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 14/07/14 0319 , 200000000131862965



187.50
















18 Jul 2014



OTR



CALL REF.NO. 2026 , MISS B M GORE , FP 18/07/14 10 , 57130944827916000N



-



159.38




Paid within 4 working days.














21 Jul 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 21/07/14 0109 , 300000000130359174



187.50
















25 Jul 2014



OTR



CALL REF.NO. 2028 , MISS B M GORE , FP 25/07/14 10 , 52172230737919000N



-



159.38



Paid within 4 working days.














30 Jul 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 30/07/14 0821 , 400000000132010065



187.50
















1 Aug 2014



OTR



CALL REF.NO. 2035 , MISS B M GORE , FP 01/08/14 10 , 36165119342503000N



-



159.38




Paid within 2 working days.














14 Aug 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 14/08/14 0113 , 300000000133874038



696.43
















15 Aug 2014



OTR



CALL REF.NO. 2041 , MISS B M GORE , FP 15/08/14 10 , 06154409710384000N



-



591.97



Paid within 1 working days.














28 Aug 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 28/08/14 0116 , 400000000135952813



750.00














28 Aug 2014



OTR



CALL REF.NO. 2046 , MISS B M GORE , FP 28/08/14 10 , 48144359003941000N



-



637.50




Paid within 0 working days.














11 Sep 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 11/09/14 0116 , 600000000138578987



750.00
















17 Sep 2014



OTR



CALL REF.NO. 2058 , MISS B M GORE , FP 17/09/14 10 , 64111950012117000N



-



637.50




Paid within 4 working days.














25 Sep 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 25/09/14 0101 , 100000000140329125



750.00

















29 Sep 2014



OTR



CALL REF.NO. 2067 , MISS B M GORE , FP 29/09/14 10 , 48093157918359000N



-



637.50




Paid within 2 working days.














9 Oct 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 09/10/14 0054 , 100000000142850861



750.00














14 Oct 2014



OTR



CALL REF.NO. 2080 , MISS B M GORE , FP 14/10/14 10 , 13084745344414000N



-



637.50



Paid within 3 working days.














23 Oct 2014



BAC



MIRAGE SHOWS AND P, MIRAGE/BETH GORE , FP 23/10/14 0143 , 600000000144507339



750.00
















14 Nov 2014



OTR



CALL REF.NO. 2098 , MISS B M GORE , FP 14/11/14 10 , 55175023686188000N



-



637.50





Paid within 16 working days.



From October I was signed off of work until the 21st of November due to a mental breakdown for which I was receiving medical attention from my doctor. In turn, this meant I wasn’t always in the office, however at the time there were 5 other members of staff present between the hours of 10:30am and 6pm. These members of staff would have been happy to deal with you and assist you in any questions you may have. I cannot and will not apologise for my heath or my time off.


I know it had been explained to you via one of my other agents that we were experiencing some difficulties with our internet banking and infact on the 11th of November I sent you an email to confirm that all is being sorted on your behalf. This was keeping you further informed to your telephone calls.

I have pasted a copy of the email below for your reference.




From: "Paul Leno" <*****@******.***>
Sent: 11 November 2014 10:50
To: "Beth Gore" <*****@******.***>
Cc: "Dan Ablitt" <*****@******.***>, "nicolette bazeley" <*****@******.***>
Subject: Payments


Morning Guys
Just to keep you updated….

I’ve been to the bank AGAIN this morning to see whats happening with this and I have been assured that by Friday it will be back in our account and I will swiftly be able to make the missing payments to you.

I can only apologise for the inconvenience that this has caused and am pleased that everything will be back on track.

I am in the office today if you need to speak to me or have any questions.

I hope you are still enjoying your contracts and that ship life is treating you well x




Warm Regards
Paul Leno
Senior Agent







"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 frustration. I felt totally neglected and I lost complete confidence in my agent and was very upset.

As previously mentioned, I know you/or one of your colleagues spoke to an agent in the office who reassured you that we were doing everything we could to sort this for you ASAP. I am sorry if this upset you.

"I have had to take some legal advice 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.

I too have invested in some legal advise on this matter.

Because we were actively seeking to resolve the problem on your behalf and to date had not paid you late, this serves as a minor breach which does NOT constitute the contract being null and void. For the contract the be null and void, then we would have had to commit a serious major breach of the contract such as non-performance of the contract which would have a domino effect on the entire agreement between yourself and ASH Productions Live LTD.

In this instance I happy to deduct any overdraft charges you may have incurred on proof of receipt and also remove the late payment compensation from the invoice.

"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.

I too am extremely disappointed how this has turned out. As your agent I have always looked out for your best interests.
Expert:  Ash replied 1 year ago.
Yes they have. The contract says 10 days. They did not.
It is breached and no further sums are due to them.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you Alex,

Yes should I reply to the email they sent me from 'debtguard' or just wait to see what happens? I'm a little nervous about their next move

Expert:  Ash replied 1 year ago.
See what happens. They can transfer it to a debt collector but they have no powers.
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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