How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I composed an original score film and I signed a contract

Resolved Question:

I composed an original score for a film and I signed a contract whereby they would pay me some money upfront and the rest would be paid after the release of the film. The remaining amount is treated as deferred payment. The film has been released a year ago and despite my best efforts to be paid , they refused to pay me.
Communications have now collapsed and a mediation request has now being ignored. I would like to take them to small claims but I am unclear as of if the term 'deferred payment' will render my efforts to retrieve my money via a small claims court, useless. With thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much is owing please?
Customer: replied 2 years ago.

Hello Alex,

The owed amount is just under £12,000

Many thanks

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
The fact it is deferred makes no difference, the trigger was release so you are entitled to payment.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Dear Alex,

Many thanks, ***** ***** already threatened them with legal action giving them a month (four weeks) to reply to my mediation request or else I would press on with legal action and I have sent to them the amount owed to me.

In addition, I took legal advice which advised me that I have indeed gone to all lengths I could in order to resolve this and that the next step would be a lawsuit via a small claims court.

I was unclear about the deferred payment term which you have clarified for me.

Thank you very much for your help.

Expert:  Ash replied 2 years ago.
Happy to help, good luck with this.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex