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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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There. I am an entertainer and did a gig in a pub

Resolved Question:

Hello there.
I am an entertainer and did a gig in a pub in S.London a couple of weeks ago through an agency. It was a last minute booking as I was covering a female vocalist, but I was booked in as a karaoke, saxophonist. As far as I was aware this was put across to the landlord. When I arrived I exxplained what I did, and the landlords exact words were 'well karaoke doesn't really go down well here but please explain to people as they come through the door! No one did come through the door, it was a quiet night and the landlord was getting progressively drunk through the night and after I had finished he refused to pay me and said he didn't book a karaoke. I was meant to be paid £180 and he gave me £20 for petrol money. I want to take this further. Could you please adveise me and recommednd representsation?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you prepared to sue him?
Customer: replied 2 years ago.
Yes but I want to know my chances. His argument is that the agency did not tell him he was getting karaoke. Even still, he shouldn't have let me do the whole gig (3 hours). There are 2 people in the agency and the agent I spoke to didn't give the other agent the correct info, so this is where the problem. The landlord contacted the agent an hour before the end of the gig and said he wasn't happy and the agent texted him saying that if he wasn't satisfied then to not pay me!
Customer: replied 2 years ago.
I want someone to represent me in sueing him, as long as I have a good case. And it's the landlord I wish to sue, not the agency!
Expert:  Jo C. replied 2 years ago.
Who would normally pay you ? T he landlord or the agency?
Customer: replied 2 years ago.
The landlord
Customer: replied 2 years ago.
And then I pay the agency 15%, £27 in this case.
Expert:  Jo C. replied 2 years ago.
You need to talk to the agency about this.
Whichever way you look at this, he is liable, Even if he was given misinformation he accepted the limitation at the night and has had the benefit so has to pay.
You dont need representation. This is a small claims court sum. It is very easy to sue.
The only concern I do have here is that i'm not sure your contract is with him. Normally contracts involving agency are three way. Your contract being with the agency and theirs being with him. You need to get to the bottom of that before issuing. It would probably be better if the agency sued him as there is no dispute they have a contract with him. Whether they are willing to is another matter.
If you are intent then you need to get to the bottom of what would happen if there are disputes of this nature normally but the safer option is to sue the agency and for them to sue the landlord.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Hi JoI have tried small claims and they said the claim must be at least a few thousand. I don't really want to fall out with the agent I deal with. The agent I spoke to isn't the one wh said to not pay me if he hwasn't satisfied and it's him i usually deal with, although he did give his buisness partner false information who then passed it on to the landlord. I did sing and play sax on the gig so it wasn't just karaoke. The landlord was just hoping more people would turn up and they didn't! I'd rather just sue the landlord direct. Do I stand a chance?
Expert:  Jo C. replied 2 years ago.
The small claims court does not require that amount. It covers claims of between 0-10k.
Customer: replied 2 years ago.
Ok, and could I have receipt for this service to put towards the small claims?
Expert:  Jo C. replied 2 years ago.
In relation to a receipt you will need to email customer services about that here***@******.***
However, you cannot reclaim it at the small claims court or elsewhere. You cannot claim costs beyond actual court costs at the small claims court. There is a claim for a fixed costs for solicitors but a remote service online is not a solicitor's cost.
Customer: replied 2 years ago.
Ok thank you
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 2 years ago.
Thankyou. I appreciate your time but I don't understand why I had to go through all of this just to be told in the end to go through small claims!
Expert:  Jo C. replied 2 years ago.
Because that is the correct answer.
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