Help needed regarding unpaid invoices...

xilense

Hello,

I am looking for some kind assistance to a problem that's come up in my business.

I have some outstanding invoices to be paid by an employee (soon to be former employee) musician for shows which have been gained whilst under our companies management.

We have worked together for a number of years under a close mutual 'verbal' agreement that 15% commission is taken from bookings. In the past for all shows it's been fine and no problems.

Now the musician says they don't want to pay some outstanding invoices for shows which were negotiated for on the musicians behalf back in the summer of 2013 (for show in 2013/14).

I have proof that we have dealt for a number of years together and written evidence (online messaging services) to show the musician telling us that the bills will be paid etc. (obviously proving we're / we've been working together) and mails to prove we negotiated the shows which are now being disputed.

As far as I'm aware, I do have a big leg to stand on here and see no reason for the outstanding invoices to be paid. What are peoples thoughts?

Thanks for your help,

Jo

brightonman123

maybe hard to enforce, without written contract to prove terms were agreed..?


Have you asked them why now not paying up?

xilense

brightonman123 wrote: »

maybe hard to enforce, without written contract to prove terms were agreed..?


Have you asked them why now not paying up?

I have plenty of paperwork to show me invoicing them for 15% commission on previous shows and them paying those invoices no problem. So to me that obviously shows we've been working together and working with that percentage to be taken from all shows.

Reasons are beyond me. As mentioned, only last week they were saying they will pay the invoices (I have written proof of) and the next week they say "no".

People can't pick and choose what they pay and when they like paying it, it's just crazy!

BitterAndTwisted

If you have written confirmation that this person has said they will pay you then they can hardly rely on there being no contract for your services or anything else.

Actually getting the money is more problematic. It could cost you more in court fees than the value of the invoices. Even if you get a judgement against them and they are determined not to pay they might not care about acquiring CCJ

xilense

BitterAndTwisted wrote: »

If you have written confirmation that this person has said they will pay you then they can hardly rely on there being no contract for your services or anything else.

Actually getting the money is more problematic. It could cost you more in court fees than the value of the invoices. Even if you get a judgement against them and they are determined not to pay they might not care about acquiring CCJ

I'm sorry, what exactly did you mean in the first part. Did you mean if I have written confirmation of them saying they'll pay, that that bodes as good evidence for me?

Yeah, getting the money will be the thing. Through small claims I think it may cost around £300 or-so but majority of that is recoupable against them as costs.

Funky_Bold_Ribena

Why are they soon to be a former employee? Can you withhold the money from the last pay packets in lieu of the monies owing?

xilense

Funky_Bold_Ribena wrote: »

Why are they soon to be a former employee? Can you withhold the money from the last pay packets in lieu of the monies owing?

I feel the only way to deal with them after this episode, is not to deal with them at all. It's shown me lack of respect I feel.

They have been paid direct from the event its-self and invoiced to pay our commission.

Funky_Bold_Ribena

In what way are they an employee then?

xilense

Funky_Bold_Ribena wrote: »

In what way are they an employee then?

Ok, maybe not an employee in the typical sense. More a client we have worked on behalf of (if that makes more sense?).

Horace

Do you actually have a written contract with the client if not then that is where your problem lies regardless of whether or not you have previously taken a cut from any gigs they may have done. If you are not formally managing them and there is nothing in writing then there isn't really much you can do - maybe they have found a better manager with whom they have a more professional arrangement with written contracts.

xilense

Horace wrote: »

Do you actually have a written contract with the client if not then that is where your problem lies regardless of whether or not you have previously taken a cut from any gigs they may have done. If you are not formally managing them and there is nothing in writing then there isn't really much you can do - maybe they have found a better manager with whom they have a more professional arrangement with written contracts.

There was no written contract, but a long standing verbal deal.

There was a contract covered for the shows which commission is unpaid for though, signed by the musicians as being a part of our company and the company who booked them for the shows.

There is plenty of proof to show formal management of them such as the use of our companies information as their booking contact on all their web pages (which has been the case for a number of years now).