Dynamite Discos
Sep 20 2004, 11:27 AM
Never thought this would happen to me as i and most of the people i work for contract our work very carefully but im having issues with a client. Unfortunatley this gig was for someone else who does not contract his gigs properly......
Basically i did a wedding a few weeks back - guy paid by cheque at the end of the night but i didnt notice he had written the amount in words as 235 and in numbers as 230. So i didnt cash the cheque even tho it would have been easy to change both amounts to 235 but thats dishonest!
So he got back from his honeymoon yesterday and has now said that he told me he hadnt paid a deposit on the night but actually he had. and that he thinks tristan quoted £225 not £250 for the gig which is silly as £250 is a standard charge for a wedding. (besides i dont know where he got £235 from in this case!!)
The gig was for £250 and he had already paid £20 deposit to tristan. Unfortunatley in no correspondance between him and tristan is the amount actually stated - tristan is calling him and trying to sort it out but im just wondering what to do in the worst case scenario - do we have a leg to stand on if he maintains that he was quoted £225??
It really annoys me this because i have acted in good faith choosing to wait untill he gets back rather than rip him off and now he is trying to pull a fast one on me! Its not even as if it was a crap gig - it was a stormer!!!
Anyways - any help as to what i can do next would be much appreciated. Im thinking worst case scenario here as we dont know yet if he is going to be happy to admit he is wrong after speaking to tristan. I just cant believe that people actually do this kind of thing - im too trusting!!
Thanks
Steve
YourBigEvent
Sep 20 2004, 11:49 AM
So you are worried about the £25 ?
I would get a cheque for any amount close to £225-£250 and take it, then bank it straightaway
BigBen
Sep 20 2004, 11:53 AM
If you can't prove what's already been paid or what was agreed with written documentation then the fault is yours and you should settle to the clients satisfaction. Why? Because they could give you a bad reputation for the sake of a few quid. It may be worth knocking them 10% off on top as well, by way of an apology. I'll bet they'll sing your praises then.
It's not right, won't make you feel better and it's bloody annoying. Learn from it and move on.
The above is sound business sense, not specifically aimed at DJ's.
kazzachi
Sep 20 2004, 12:36 PM
Put it down to experience... it will cost you more if you went to small claims court than what you have already lost out on..........
Chrispy
Sep 20 2004, 01:08 PM
Never trust anything with a heartbeat and a brain

. Unfortunately you always find this out too late to be of any use. Even if you work for friends and colleagues get it in writing, or should I say
Especially if you work for friends or Colleagues get it in writing!

.
I am tempted to agree with the majority and say write it off, and claim it as a bad debt on your accounts. However there is a principle at stake.
Technically you should take this up with the person who contracted the booking to you, and it really should be him who does the chasing up with the client.
Changing a cheque isn't just dishonest, its fraud and you can get into serious mither for that.
If you are accepting cheques then you should have received and cleared it PRIOR to the actual gig, I mean you could easily be £225 down and not £25 if the cheque is of the rubber variety.
No offence, but I think both you and your mate, need to start being less trusting of the general public, and do what all businesses do. Keep a paper trail of all of your work, send clients contracts to sign, and clear all cheques Prior to goods or services being supplied. There isn't really any other way of sugarcoating it, other than to say that both you and 'Tristan' have both allowed yourself to be wide open for this sort of thing. Learn from this mistake, and start sending contracts out from NOW!.
Technically, the client could have paid you £30 and gotten away with it, even if it went to small claims, you have Nothing with the clients signature on to provide as evidence as to the actual contracted fee, therefore you are wasting your time persuing it.
dfinn
Sep 20 2004, 03:30 PM
Hi,
Now I always use a contract even for friends to ensure they pay up because some of my friends/parents friends are very unreliable.
Daniel
Hugmaster
Sep 20 2004, 05:54 PM
Hi
As above, put it down to experience and don't do it again.
You're mate's a mug for not supplying a contract, both for his own protection and the client's peace of mind.
I wouldn't take work off anyone friend or not unless contracts were involved and signed.
Darren
Dynamite Discos
Sep 20 2004, 06:50 PM
| QUOTE |
| It may be worth knocking them 10% off on top as well, by way of an apology. I'll bet they'll sing your praises then. |
What am i apologising for here just out of interest - their dishonesty? i dont see how that is my fault?!?
| QUOTE |
No offence, but I think both you and your mate, need to start being less trusting of the general public, and do what all businesses do. Keep a paper trail of all of your work, send clients contracts to sign, and clear all cheques Prior to goods or services being supplied. There isn't really any other way of sugarcoating it, other than to say that both you and 'Tristan' have both allowed yourself to be wide open for this sort of thing. Learn from this mistake, and start sending contracts out from NOW!.
|
I thought id stated this in my original post but all the work i undertake for myself is contracted etc as is are all the gigs i do for other agents apart from him - i have now suggested to him that he takes a similar approach to me with bookings etc which hopefully he will have adopted by the time i next do a gig for him. As far as that is concearned he has left himself wide open for this kind of thing - Incidently he's not a particular friend of mine - the only dealings we have are to do with discos etc. if it comes down to it he will pay me the £230 and it will be his loss not mine as it was his cock up - Although i have to admit that by not ensuring that he contracted all the work properly i guess i could have prevented this or anything similar occuring. i just wondered if any of you guys had had similar experiences.
Cheers for the replies
kazzachi
Sep 20 2004, 08:24 PM
Not sure I understand this fully DD... but are you saying that your "mate" acted as an agent in passing the work to you?... If this is the case then HE should be responsible for the shortfall. If he told you the fee that you were doing the gig for - its neither your or the customers fault if he was unclear...... In this situation, I personally would expect him to make up the shortfall........
YourBigEvent
Sep 20 2004, 09:26 PM
Got it now
Go after your 'mate', get the cash, and tell him it's his problem to sort it out with the client, as HE booked YOU.
BigBen
Sep 20 2004, 09:36 PM
With regard to the apology Dynamite, my point is if there is any misunderstanding the onus is on you to back-up your argument with paperwork. If you can't then you're stumped. In this case somebody has obviously spoken to the client, discussed the balance due and a disagreement occurred. It is this disagreement I am referring to when I say apologise and perhaps give a discount.
It shows you're the bigger man, in my opinion.
C.S
Sep 21 2004, 07:13 AM
I think if i was in your situation that i would take it up with your mate but at the same time cash the cheque you have got for £230 as soon as possible because it sounds like you might end up with nothing if you arent careful.

I have not had this kind of experience and i am so lucky because of living where i do i can still have oral contracts and i have never been let down,TOUCH WOOD.
YourBigEvent
Sep 21 2004, 07:24 AM
I prefer it orally

but these days it needs to be in writing too.
Dynamite Discos
Sep 21 2004, 10:10 AM
Thanks for the input guys - its all good now - i have had a cheque for the full amount from the guy who passed me the work (who isnt my mate incidently - just someone who gives me extra gigs) and it is now up to him to sort out the problem with the client as it was him who "caused" the original problem. It has also confirmed to me that no matter how annoying it may be sometimes - no music will be played untill the clients money has crossed my palm!!
with regards to the area C.S - thats what i thought about around here but it just shows that even people who seem trustworthy aren't!! Dont make the same mistake i did!!
Cheers
Steve
Chrispy
Sep 21 2004, 10:43 AM
In my experience its always the so called 'friends' who take liberties.
Kingy
Sep 21 2004, 11:44 AM
In business, it's hard to find "Friends"!
C.S
Sep 21 2004, 12:03 PM
Forgot to mention that i supply all the clubs here and there is only one more mobile rig in town and he works with me so if people dont keep their word then their alternatives are limited. Of course i have contracts but normaly word of mouth (Andy i am suprised you remember oral at your age

) is sufficient.
Gary
Sep 21 2004, 05:46 PM
Argh! I missed this post somehow...still, not surprising given my current method of internet assess....
I dont know if the banks still allow this practice, however, what you used to be able to do when the words didnt match the figures is write "Lower Amount Claimed" on the back of the cheque.
Ok, you're then "out" by a few £'s, but when the difference is small, its an option.
nrgize
Sep 22 2004, 12:10 PM
I'm still chasing up money for a booking i done in June 2003! It was for someone at work who I thought was a friend. I quoted £100 as I was sorta friends with him. He took liberties and still hasnt paid me. I have had 4 cheques and all of them have bounced. I didnt use a contract or booking forms etc so I think I am going to leave this one. So know I make a point of being paid before i turn my music on!
kazzachi
Sep 22 2004, 01:47 PM
Nrgise.... If you wanted to (and I think I would in your case) - you could take your "friend" to the small claims courts. Contracts can be verbal - and considering you have already tried to present a cheque on 4 occasions, this would back up the fact that you were engaged for your services. Go to small claims court.... £80 to sort it - but you can ask for interest and reclaim court costs back.
Dukesy
Sep 22 2004, 01:59 PM
Agree with Kazz.
Just to add...
It doesn't matter if it's a work friend or family - agreements are agreements!!!!
Just my perspective.
Ian Stewart
Sep 22 2004, 05:47 PM
| QUOTE |
| I have had 4 cheques and all of them have bounced |
issuing a cheque when there are not sufficiant fund to pay it is a criminal offence, perhaps a chat with the local police.
also the fact thet he has given you a cheque is an admission the he owes the money to you
Dynamite Discos
Sep 23 2004, 11:18 PM
Dont the bank charge you about £20 if one of your cheques bounces - therefore meaning he will have paid £80 in bank charges!?
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