model photography scam

burrows20

I have been scammed by a photographic agency that I thought was a model agency. I am at the moment negotiating with them using the sale of goods act over the quality of the work and their failire to deliver the product on time. I would like to aks the forum if anyone has had this experience and for some help and advise.

It seems to a common problem with many agencies operaing in a very grey area of the law.

Thanks

Paul

bod1467

How did you pay?

bris

Not nearly enough info, we don't know what the op's expectations were, being a model is a very hard objective and takes a lot more than just a few photos.
Maybe a link to the photo studio or something to help with advise would be more helpful.

burrows20

Here is the link to the site lamodelondon (Com)

What they promised was
help promoting Lily
a website (still not built some 4 months after the shoot)
Portfolio - (they delivered the wrong one first - recieved mine some 3 months late)
canvas frame - not frame
10 photos on a disc - retouched
model advise guide - not yet delivered
paid £360 up front and owe £2.100.

they do not communicate after the event and sell on your credit agreement to a company called Oriel collections so they do not have to deal with the consequences

here os a copy of my complaint

La Mode
La Mode London
Walthamstow Business Centre
5 Blackhorse Lane
Walthamstow
London
E17 6DS

5th January 2011

Dear Helen Smith,

FORMAL COMPLAINT

I am writing to complain about the services I purchased from La Mode.
On 26th August 2011 La Mode undertook to provide me with the Platinum service package I purchased. It was explained to me in person that this service includes:
· A professional model portfolio of my daughter, Lily Burrows.
· Commercial modelling advice in order to help my daughter become a successful freelance commercial model.
· A commercial website to promote Lily.
· 6 specially treated photographs
· Framed Photo of Lily

It was agreed that I would have the photographs from the photo shoot, the document detailing advice (or the do’s and don’ts of the modelling industry) etc and the website delivered to me on 29th September 2011.
On 29th September 2011 I received a photograph album of someone else’s child. I was not informed of when I should expect to receive the correct portfolio. I would be happy to send you back the incorrect portfolio by special delivery at my own expense but you have not communicated this to me.
Though I have received the portfolio (some 2 months late) I still have not received or been given any advice, the promised promotion, the specially selected and treated photographs, seen the website or the framed photograph and no action to date has been taken by La Mode to provide me with the service I purchased.
[FONT=&quot]The service I have purchased is governed by the Supply of Goods and Services Act 1982, which states that any service must be carried out with reasonable care and skill, within a reasonable time, and for a reasonable price, unless otherwise agreed. [/FONT]
[FONT=&quot]Any goods provided under the service must also be of a satisfactory quality, fit for their purpose and as described. The statute applies to the delivery of the service and goods I have purchased.[/FONT][FONT=&quot][/FONT]
[FONT=&quot]As the service has not been carried out with reasonable care and skill, within a reasonable time and consequently, for a reasonable price, this[/FONT][FONT=&quot] amounts to a breach of contract.[/FONT]

[FONT=&quot]As there has been no attempt by La Mode to rectify any of the faults I have outlined above I would like:[/FONT]

• To cancel the sales order with La Mode.
• To rescind the credit agreement between me and Oriel Collections, for the purchases made from La Mode.
• A full refund of the deposit and fee paid for the amount of £360.00

[FONT=&quot]I believe I am entitled to these actions under consumer law.[/FONT]
[FONT=&quot]In an email dated 25/11/2011 you claimed La Mode Model Advice works very closely with governing bodies and operates strictly within certain guidelines. I would also like to know which governing bodies and guidelines you are referring to.[/FONT]
[FONT=&quot]Please respond to my complaint within 14 days.[/FONT]
[FONT=&quot]If you fail to respond in this time, I will have no option but to consider taking the matter further.[/FONT]
[FONT=&quot]I look forward to your [FONT=&quot]reply within 14 days[/FONT] and hope this matter can be sorted out quickly.[/FONT]
[FONT=&quot]Yours sincerely,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Paul Burrows[/FONT]

burrows20

I also forgot to mention that I paid the £360 with a debit card and I am refusing to pay the rest I guess pending court action.

bris

It's a very good opening letter, not much more to expand on. You could send a copy of this to the finance company, Oriel collections as they are also jointly liable for the companies failures.
This would give you a second opinion from them as to what they intend to do about it.

You can of course also start your own court action through the small claims court, which is cheap to do and would have a good chance of success or at the very least would give you a legal perspective on how you stand.

They of course may come back and say the contract is not yet complete and still have the right to fulfil their obligations to you, the timescale may be irrelavant, if their is nothing in place to say it had to be done by x date. They are not a modeling agency and they do clearly state the are not associated with any and they only offer advice and a photo shoot.
goodluck
The small print of the La Mode website state:

La Mode London is not a modelling agency. We are a London based photographic studio that specialise in self promotion and online marketing for models. We do not have links with any modelling agencies and will never guarantee any modelling work. Our aim is to provide models with the best tools possible to independently market themselves. Please do not contact us requesting to be signed with La Mode London."

burrows20

Thanks for that - however - the problems occur with what they promise on the day - they promised to fulfill the contract by the end of september and i have an email stating 4 to 6 weeks from the shoot day. I now of several other people in the same boat and hope to do a joint action.

I may loose but I want to highlight the issue for others. I also now that several production companies are looking at the issue and they will soon be on TV for the wrong reasons.

Paul

barbiedoll

This is such a common scam and even though it's been highlighted countless times on consumer programmes and in the press, people still appear to be falling for it.

Any reputable modelling agency will NOT ask for fees upfront. They will pay all costs of photographs, portfolios etc etc, they will deduct their expenses from the fees that the model earns. Modelling is a very tough business to break into, no matter how many expensive photos, websites or videos that your daughter has, there is no guarantee that she will get any modelling work, this is clearly stated on La Mode's website. This has nothing to do with how attractive your daughter is, most models wouldn't attract a second glance in the street, they just photograph well. A member of my family, and a relative of my friend have both fallen prey to these type of agencies, giving them thousands of pounds in the hope of becoming a model, it simply doesn't happen, sadly.

You clearly have grounds for complaint, they haven't provided the goods/services that they have charged you for. Your letter is good, and I agree that you shouldn't pay them another penny, unless they come up with the promised website etc. I really wouldn't bank on getting your daughter any work through this route though, if she really has what it takes to be a model, then take her along to the reputable modelling agencies where they will give it to you straight. Either she is what they are looking for or she isn't. And it won't cost you anything apart from your fares.

Good luck with your complaint, do let us know how you get on.

Jessie49

We too have been had by this appalling company!! I'm so upset I just don't know what to do....... Can anyone give me advice please how do I cancel the contrac I have been paying over £150 every month since May 2012

lemontart

go to sites like model mayhem and their forum as they have lots of experience in the industry and can give you the correct advice

arcon5

Be careful if you have not paid the finance company, it will reflect your credit rating.

Also look in to making a section 75 claim