Someone is using our business paperwork!

xadoc

Torby wrote:

I wonder could xadoc advise if you can go to small claims for lost earnings, possible mis representation and associated bad publicity if the gig is poor.

You've anticipated my next step, that was exactly my next move

I would suggest that it wouldn't be worth it if they stop. That is what you want them to do, after all. Going to court is stressful, time-consuming, and if you don't do it all yourself, expensive too. If they do as you ask, chalk it down to experience and move on.

Believe me, the damages if awarded, are unlikely to be worth the effort and stress. Yes, if you win you'd get the money paid back, but would it be worth the risk and outlay? Also the courts would be unlikely to take to kindly to your suing anyway after you've pointed out the error of their ways and they've done as you ask; looks like they made an honest mistake and you're the bad guy trying to screw them for all its worth.

However, if they persist, I'd write another strongly worded letter saying that if they do not contact you to inform you that they have stopped within 14 days, you will pursue them in the small claims court, asking for damages for loss of earnings, (as they've been booked on the basis of your goodwill, but you've not got the business) and damage to your reputation (unfortunately difficult to quantify). I'd probably try to work out a figure for this based on how many gigs you know they've done in your name, so's they know what you're saying.

Then the lines are drawn. They stop and so do you, or they continue, and you fill in the form for the small claims court, which can be done online these days. It's up to you to hire a solicitor if you want to. The small claims system is meant to cut down on bureaucracy and costs, and to be dealt with by the individual without a solicitor if they want, but it depends on how confident and able you feel.

If they do let it get to small claims court then they're lunatics.:rotfl: