Hula Groove Wedding Band - Threatened court action!

Vomityspice

Equaliser123 wrote: »

Well all I can say is that I have seen plenty of people lose out big time in respect of going to Court on "principle".

The 8.5% is a red herring. If the OP has a claim, it would be 8% p.a.

Without fail, if someone uses that phrase to me, my first response is to make sure I get money 'on account' from them to ensure we get paid!

I never understand the 'principle' of spending more money than you will get back? It is simply stupid. However, if you want to pay me to lose even more of your money then I'm happy to help! (Even if it doesn't make any financial sense).

Equaliser123

somethingcorporate wrote: »

It's hardly one-sided, the other side are the set of T&Cs that the band are using!

Seems like they have been taking advice from Gary Cooper!?

No. As has been said previously, they seem standard for many bands.

And the comparison to Gary Cooper is rather unfair. He was a criminal who had no intention to fulfill contracts. From what I can see this band seem highly rated.

somethingcorporate

Equaliser123 wrote: »

No. As has been said previously, they seem standard for many bands.

And the comparison to Gary Cooper is rather unfair. He was a criminal who had no intention to fulfill contracts. From what I can see this band seem highly rated.

As you said about one of their clauses, which I agree did appear standard.

However, the payment terms to me seem highly suspect and could indeed be deemed unfair terms.

The comparison to GC was only in the "extravagance" of their T&Cs and charging for literally everything, to an unreasonable level.

I mean how unreasonable would it be to stop a performance because a random member of the public asked them to - why would the contract be giving an infinite number of 3rd parties rights in the contract between the two parties? I have never heard of anything so rediculous.

Keep defending them if you wish, I still feel they appear like a bunch of cowboys and wouldn't go near them with a bargepole.

thistledome

Equaliser123 wrote: »

From what I can see this band seem highly rated.

Just had a look at them on Youtube. Not bad.

http://www.youtube.com/watch?v=Atgq5EC5Hds

I think their cancellation terms are extortionate, but are they unfair enough to be unenforceable? Do feel a bit sorry for the OP tbh.

Equaliser123

somethingcorporate wrote: »

Keep defending them if you wish, I still feel they appear like a bunch of cowboys and wouldn't go near them with a bargepole.

I'm not "defending" them. I'm giving my view that attempts to destroy their business are distinctly cheap and nasty. And as for you not going near them with a bargepole, well, I'm sure they will be gutted.

As for the terms and conditions - they appear to be standard form from http://www.musiciansunion.org.uk/

Perhaps they should be blamed not a bunch of young people who are trying to make their way in the world.

somethingcorporate

thistledome wrote: »

Just had a look at them on Youtube. Not bad.

http://www.youtube.com/watch?v=Atgq5EC5Hds

I think their cancellation terms are extortionate, but are they unfair enough to be unenforceable? Do feel a bit sorry for the OP tbh.

They do appear quite good, but that's beside the point.

To me the terms appear punitive, which would be unenforceable in a contract. Equaliser123 is the lawyer though, so perhaps he could provide his thoughts on the payment terms?

cyberbob

OlliesDad wrote: »

The OP states that she booked it online and accepted the terms.

I agree that people should be warned if they are pulling nasty stunts, but not by a forum who have heard one side of one persons story.

You need to read the thread properly the booking was not confirmed as they didn't pay the deposit.

Have in my years on MSE i have misunderstood that this forum is about? I thought it was about Money Saving and Consumer rights?

So what about all the other threads on MSE about companies/businesses practices dodgy practices do you want those stopped as well. If you do MSE might as well close down.

You have a choice read this and believe it, Don't read it or read it and discount it. That's the choice everyone has.

Even if you ignore the OP problem business's (which this band are) with dodgy and legally wrong Terms and conditions are pointed out all over this message board. That's what this thread is doing pointing out dodgy and unethical practice. Which is Money saving and consumer rights which is the whole point of MSE

Is it just because they are some Jolly band that you disagree with their practices being pointed out? Are we onluy allowed to complain about Huge Multinationals?

Someone who replies to and supports threads having a go at other companies then takes umbrage at one thread having a go at another business. Now what's the word ahhh yes Hypocrite that's the word.

Equaliser123

somethingcorporate wrote: »

To me the terms appear punitive, which would be unenforceable in a contract. Equaliser123 is the lawyer though, so perhaps he could provide his thoughts on the payment terms?

See post 21.

OlliesDad

somethingcorporate wrote: »

Keep defending them if you wish, I still feel they appear like a bunch of cowboys and wouldn't go near them with a bargepole.

We aren't actually defending the band in particular. just the practise of abusing a system in order to blacken their name, even though there is one person who has had a problem with them.

If you notice, everyone has all agreed that the band are in the wrong with regards to the OP.

Equaliser123

OlliesDad wrote: »

If you notice, everyone has all agreed that the band are in the wrong with regards to the OP.

Yep - including me (post 21).

Also, as pointed out, they have lifted the terms and conditions from the musicians union.

I think I said they are standard terms about 40 posts ago...