Breach of Contract question...

marcarm

Surely the £5/6 is the travel charge and not the fee for the performance?

Maharishi

marcarm wrote: »

Surely the £5/6 is the travel charge and not the fee for the performance?

Oops, yes. £140.

stevemLS

Still at the margins of whether it is worth the hassle, in my view.

Maharishi

stevemLS wrote: »

Still at the margins of whether it is worth the hassle, in my view.

It's my living so I cannot afford to be jerked off, and idiots like her need to know that actions have consequences...

stevemLS

Of course, Maharishi, I see your point and it may be that a well crafted letter before action brings about a change in her attitude.

It is not right that people get "jerked off" but many people find litigation stressful even on the small claims track and you need to weigh up the time and effort it would involve.

The basic fee to issue online for a claim up to £300 is £25, further fees are payable along the way if and when it comes to a hearing.

Equally, of course, if you issue proceedings, she may well just pay to avoid a CCJ for such a low amount.

Maharishi

stevemLS wrote: »

Of course, Maharishi, I see your point and it may be that a well crafted letter before action brings about a change in her attitude.

It is not right that people get "jerked off" but many people find litigation stressful even on the small claims track and you need to weigh up the time and effort it would involve.

The basic fee to issue online for a claim up to £300 is £25, further fees are payable along the way if and when it comes to a hearing.

Equally, of course, if you issue proceedings, she may well just pay to avoid a CCJ for such a low amount.

Thanks for that. I don't seek confrontation and, when the recession was at its worst, I cut people some slack and swallowed the losses that occurred. To that end, I haven't sued a venue for 10 years at least, I suppose, and the last time that I did, they paid up just prior to the court appearance date.

If this woman had offered an alternative date or moved the other band (4 retired guys in their 70s doing it for beer money), or even offered me half the fee as a gesture I would probably have accepted with good grace, but to admit to making an oversight and then mitigating it with a laugh and, "Oh, xxxx you know what I'm like", is just not on. Hiding behind incompetence is not going to fly.

As soon as I prodded slightly harder, the shutters went up; there will be no money, I don't want you here ever again etc.

It's the LBA (that you referred to above) that will hold the initial key to success without further action if, indeed, crafted correctly. That is where perhaps I might benefit from some guidance...

stevemLS

If you want to PM me the scanned contract, I'll happily assist if that would help.

Maharishi

stevemLS wrote: »

If you want to PM me the scanned contract, I'll happily assist if that would help.

Yes indeed. I'll do that this week; attending to sick vehicle first

paddyrg

£140 is a pain to lose, but probably worth writing off in my opinion. Rather, fighting for it will generate a lot of time hassle, bad blood, will certainly lose you future bookings either with the landlady or her fellow publican friends when she mouths off about the court action, etc.

I'd press instead for another date and for her to call round friends asking if any of them can place you that night etc.

Going to court to teach someone a lesson is poor motivation, sometimes it's not actually worth it when the cost to goodwill is so high

harrys_dad

Maharishi wrote: »

No, I am not. Never been a unionist sort of person.

Well now you know why maybe you should be.