small claims court

[lancebond]

i've had a rather nasty falling out with my agent, this has ended with them claiming unpaid fees via a small claims court.

however the court papers i've just had dropped through my letterbox, aren't infact addressed to me, but to my stagename.


so my question is, can they process this under an assumed name?

 

[Sp!ke]

If you have unpaid fees - why not just pay them?

 

[lancebond]

thats a long and drawn out story,the short of it is i would have gladly paid them given the same courtesy as anyone else (30 days from receipt) however i was told in no uncertain terms that the fees needed to be paid in the following week, or court action would be taken.

i've also worked without a contract, there is no paper agreement between me or the agent in existence... as we all know a verbal contract is worth the paper it's written on, they've cost me alot of money through various underhand tactics and threatening behaviours, so i'm more than happy to let them rot.

 

[Deleted member 37751]

You're not Elton John are you?

 

[lancebond]

i might add the figure is also WAAAAAAYYY off... by a good few hunderd quid.

 

[lancebond]

You're not Elton John are you?

ah you got me.

no, i'm nowhere near as rich, successful or gay.

 

[Mr E]

i've had a rather nasty falling out with my agent, this has ended with them claiming unpaid fees via a small claims court.

however the court papers i've just had dropped through my letterbox, aren't infact addressed to me, but to my stagename.


so my question is, can they process this under an assumed name?

Interesting one. You could argue that, but the court can also take the view that the stage name is a trading name and one that you could reasonably be known as (or had done business through with the agency), and such could be valid.

When the band I was in had to make a claim against an agent a few years back, we went for Mr X, t/a X agency.

 

[markjay]

Why don't you ignore their requests but then pay the undisputed amount within 30 days, just as you say you would have done if they were reasonable in the first place?

This will seriously dilute their court case against you, and you will have shown good will which will work to your benefit.

Who knows, they may even decide not to bother with the additional amount?

And if you have serious grievances against them you could name and shame them through various on-line channels, as long as you steer clear off libel?

As a general rule - the question isn't always whether you can win the war, but rather is the war is worth fighting in the first place? Keep your energy and resources for the important issues in life.

 

[lancebond]

i'll update after my meeting with my solicitor (that sounds better than a pint with my cousin who happens to be a solicitor)

 

[Doodle]

I disagree, a pint always sounds like a really good idea

 

[tromppost]

ah you got me.

no, i'm nowhere near as rich, successful or gay.

James Bond look alike ?

 

[crockers]

I disagree, a pint always sounds like a really good idea

Depends who's buying.

 

[E CLASS]

This is a good example of why its always best getting everything drawn up professionally and in writing.

Quite why you enteretd into a laise faire arrangment with someone calling themselves an 'agent' on a verbal basis (in the acting business) is beyond me and if I am honest a little light weight on your part.

You've really only your self to blame I am afraid.

Would you take a verbal car warranty from a Merecedes salesman on a used car - of course not!

I guess its very low key and infrequent acting work that you actually do?

(My sister is an actress btw)

 

[Doodle]

Depends who's buying.

If it's not me, it goes from a good idea to outstanding.

 

[lancebond]

I guess its very low key and infrequent acting work that you actually do?

(My sister is an actress btw)

you've got the wrong end of the stick there mate, for a starter i'm not an actor (unless being merry around the in-laws counts in which case i'm de niro) i'm a singer... and as for low key and infrequent, no i work 7 nights a week normally.. to varying levels of booking from the standard fare round these parts (theatres, clubs) to corporate and international stuff.

i've got a contract as it turns out (one i gave to my cousin for filing and safekeeping... five years ago!) however it does state that any commissions owed must be paid 60 days after the booking so i have no bother paying on day 60!

however the figure quoted by them is off by an astronomical amount, so after a quick call to my accountant i've now got the correct figures and the paperwork to back it up.

Quite why you enteretd into a laise faire arrangment with someone calling themselves an 'agent' on a verbal basis (in the acting business) is beyond me and if I am honest a little light weight on your part.

they represented people who are MUCH bigger than me, its why i used to get backstage passes to the o2 and other concerts.

 

[E CLASS]

you've got the wrong end of the stick there mate, for a starter i'm not an actor (unless being merry around the in-laws counts in which case i'm de niro) i'm a singer... and as for low key and infrequent, no i work 7 nights a week normally.. to varying levels of booking from the standard fare round these parts (theatres, clubs) to corporate and international stuff.

i've got a contract as it turns out (one i gave to my cousin for filing and safekeeping... five years ago!) however it does state that any commissions owed must be paid 60 days after the booking so i have no bother paying on day 60!

however the figure quoted by them is off by an astronomical amount, so after a quick call to my accountant i've now got the correct figures and the paperwork to back it up.



they represented people who are MUCH bigger than me, its why i used to get backstage passes to the o2 and other concerts.

You've now just discovered you've got a contract??

I don't want to come across as rude but I think you need to get someone on board who's all over your admin - leaving you stress free to do the music end of things.

 

[lancebond]

I do, I have a PA (who is on holiday and like to think of herself as a manager) a solicitor and an accountant. Hence my meeting with him... I wasn't sure if i had a contract, cause I certainly didn't have a copy of it.

Trust me, I worked out that my efficiency with paperwork ended with stacking it high and passing it on to more qualified people

 

[E CLASS]

I do, I have a PA (who is on holiday) a solicitor and an accountant. Hence my meeting with him... I wasn't sure if i had a contract, cause I certainly didn't have a copy of it.

Trust me, I worked out that my efficiency with paperwork ended with stacking it high and passing it on to more qualified people

Qualified they may be - but being organised is an entirely different matter.

I think you need to kick asses and this is where it becomes difficult to kick family ass*s.

You can't let things fester...

 

[lancebond]

That's probably my fault, and it's probably time for that shakeup... With the American work coming in, the whole show needs to be seamless both on stage and off

 

[BlackC55]

What is it that you do?