performing rights society... R-soles.....

Spartacus_Mills

waaag wrote: »

Latest update, the takeaway have now received a final notice, from debt collection agency. They say "despite previous corespondence a balance still remains outstanding" ...Similarly, "despite previous correspondence PRS have failed to supply a contract" and not acknowleged receipt of letters, though they were signed for. This debt collection agency also have been spoken to and they know that the takeaway have requested a contract, but they agree with PRS that no contract is needed...

On the final notice the takeaway name is wrong. Also it says unless you make a payment a claim form /summons MAY be lodged. Not WILL BE lodged.

So, what to do next please? Marleyboy??:A BFG, :Aany one else? thanks!!

This reads more and more like a PPC scam !!!!

What next, letters from Roxburghe's Solicitors ?

BFG_2

IIRC PRS is very reluctant to 'go nuclear' unless it's someone like Kwik Fit [millions at stake].

Possible the reason is that it's a small sum [relatively] and so it would be heard in Small Claims Track [less formal] and if the shop convinced the judge then it could set off an avalanche of 'refusals'.

They rely on obfuscation and blurring etc to bully businesses into paying this scam.

BFG_2

waaag wrote: »

On the final notice the takeaway name is wrong. Also it says unless you make a payment a claim form /summons MAY be lodged. Not WILL BE lodged.

So, what to do next please?

If a claim form was lodged, it's relatively easy to defend.

Would be small claims - easier, very informal, no need for a solicitor, no big 'costs awarded' to worry about

Would most likley be heard in YOUR local court [if this doesn't happen automatically you can tick a box on one of the forms you get sent later]... [so PRS would have to travel to your area or engage a local solicitor...all expensive options for them. This moving happens automatically with businesses suing individuals, but even if you're a small business the judge should allocate local to you since PRS are a massive org and can afford travel etc more than you

Even if you lost, you would have 28 days to pay and it wouldn't show on your credit rating.

Even if you lost, all you would have to pay would be the claim made by them. Their costs would be their problem, not yours.

So all you have to lose at most is ...PRS claim, £30-ish court fee, and your time preparing and attending. If you cave in and pay their scam now, you'll save £30-ish and a bit of your time...worth a punt refusing IMO.

So my advice is , let them bluff and bluster all they want; if they do actually take you to court, you won't be that much worse off.

EDIT: if they do issue proceedings, you would still have the option to simply pay them [plus £30-ish court fee] via the court without having to attend or having a 'record'.

marleyboy

waaag wrote: »

Latest update, the takeaway have now received a final notice, from debt collection agency. They say "despite previous corespondence a balance still remains outstanding" ...Similarly, "despite previous correspondence PRS have failed to supply a contract" and not acknowleged receipt of letters, though they were signed for. This debt collection agency also have been spoken to and they know that the takeaway have requested a contract, but they agree with PRS that no contract is needed...

On the final notice the takeaway name is wrong. Also it says unless you make a payment a claim form /summons MAY be lodged. Not WILL BE lodged.

So, what to do next please? Marleyboy??:A BFG, :Aany one else? thanks!!

Its not upto a debt collection agency to agree a contract is not needed, that is strictly upto a judge. Hold firm, don't be scared by some "because I say so" agency, law does not work that way. If a Judge decides you must pay, then they are in a position to fob you off with "you don't need a contract".

Debt collectors use all types of wordings to get you to pay, after all they are paid to collect a debt regardless of whether it is enforceable.

Similarly, I could say you need to pay me a monthly fee for simply being here, whether or not you agree to it, I dont need a contract to say you should, and my debt collector agrees with me so will be around to collect it from you forthwith.

stugib

marleyboy wrote: »

IHold firm, don't be scared by some "because I say so" agency, law does not work that way.

Describing them even 'agency' gives them too much credence. They're no more than a trade body representing their own members commercial interest from what I can see?

waaag

Latest is:- they have now received a letter on 'dubious' solicitor headed notepaper....just a PO box number for the address, and the phone number given is that of the credit services, (debt collector) from whom the previous letter came....

they say "if payment is not received within 7 days of the letter dated 30th August 09, then legal proceedings for the recovery MAY be commenced without further notice".....and ..."in the event of judgement being obtained we shall seek all fixed costs and fees together with the statutory interest on the outstanding balance...


I think the 'firm' of solicitors must be PRS themselves.....masquerading as such...

I also wonder what they should do next, sit tight and see? Any advice much appreciated and passed on, thanks!!:beer:


Also the takeaway name is spelt wrong on the letter - as usual.....

dacouch

Whats the name and address of the solicitor and the debt collector?

oldone_2

waaag wrote: »

Latest is:- they have now received a letter on 'dubious' solicitor headed notepaper....just a PO box number for the address, and the phone number given is that of the credit services, (debt collector) from whom the previous letter came....

they say "if payment is not received within 7 days of the letter dated 30th August 09, then legal proceedings for the recovery MAY be commenced without further notice".....and ..."in the event of judgement being obtained we shall seek all fixed costs and fees together with the statutory interest on the outstanding balance...


I think the 'firm' of solicitors must be PRS themselves.....masquerading as such...

I also wonder what they should do next, sit tight and see? Any advice much appreciated and passed on, thanks!!:beer:

As atready said - exactly like a PPC scam. Fairly safe to ignore them from now on, as if they were going to take you to court they would go ahead and do it, instead of sending you letters (expect a few more).
For more details of this type of scam which involves debt collectors and 'pretend' solicitors, see motoring section.

DCodd

BFG wrote: »

IIRC PRS is very reluctant to 'go nuclear' unless it's someone like Kwik Fit [millions at stake].

Possible the reason is that it's a small sum [relatively] and so it would be heard in Small Claims Track [less formal] and if the shop convinced the judge then it could set off an avalanche of 'refusals'.

They rely on obfuscation and blurring etc to bully businesses into paying this scam.

Been away from the forum, but this is interesting.

Copyright claims can, at present only be heard in the Higher Courts or a Tribunal, there is talk of letting the small claims court hear such cases but that has not happened yet, as far as I am aware. So who is this debt collection agency? There is no debt as nothing has been agreed in writing! having a TV in the restaurant would require a PPL licence. (PRS do collect for PPL sometimes but get clarification of which licence they are asking payment for!).

Just tell PRS that as a business you are required by law to have documentary evidence of your outgoings and therefore you would have needed an invoice from them if they believed you owed them, the fact that no invoice was issued at the time of the alleged conversation proves that no debt or contract exists between the restaurant and PRS.

DCodd

Found this
http://www.gillhams.com/dictionary/364.cfm

It states that only the broadcast itself is covered by the act and the contents of that broadcast is not. in other words section 72 of the act means that businesses who do not charge for entry or increase their charges because of the music do not need a PRS licence!

Can it be that easy?