Breach of Contract question...

paddyrg

harrys_dad wrote: »

Well now you know why maybe you should be.

The unions played a hugely important part in shaping safety and conditions as the country industrialised, and in balancing the power of the factory owners. Some unions, however, have become too powerful in their own right and don't always represent the individual members very well. Union leaders can as we know earn huge salaries, massive expense accounts, opulent lifestyles paid for by their members. Some people love the power trip so much they will fight even when it means killing the company they work for. Some unions feel the need to pay expensive Whitehall lobbyists at members expense. Unionisation isn't the panacea they promote it to be in this day of health and safety officers and minimum wage.

It has a time, place and value in those times and places, but suggesting membership of a £195/year union is better than losing £140 one-off isn't really in the OP's interests in this case.

rustyboy21

OP, what you have to look at, is can she make it hard for you to get other work in the pubs and clubs around where you are from.


If she takes kicking you into touch for the sake of 4 old codgers for their beer money, can she start mouthing off to other landlords locally, dissuading them from taking you on? You have worked for her before, is it in her to do it? If so, does court proceedings maybe make things worse for you in the future?


Something to think about. Everyone knows what some pub Landlords can be like in their own little castles.

arcon5

This is a B2B contract and you may well win the full amount in court.

I've seen a similar case before between a shopping center and a promoter who agreed to an advertising pitch within the center for a weekend. They tried to cancel ahead of the event but the cancellation was rejected and the shopping center successfully sued for what was a relatively large sum. Can't remember the names now though.

Of course there are some very valid points here as to whether the decision is commercially viable

Maharishi

paddyrg wrote: »

£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

That ship has already sailed Paddy. I offered other dates later in the year but it was a no and when I asked for the fee, she said that there will be no money AND that she does not want me there ever again. I don't play any other venues in the vicinity or your point would be more relevant re the moutning off, as the five local female licensees all go out on the p*ss together regularly.

Thank you for the input though...

Maharishi

rustyboy21 wrote: »

OP, what you have to look at, is can she make it hard for you to get other work in the pubs and clubs around where you are from.


If she takes kicking you into touch for the sake of 4 old codgers for their beer money, can she start mouthing off to other landlords locally, dissuading them from taking you on? You have worked for her before, is it in her to do it? If so, does court proceedings maybe make things worse for you in the future?

Something to think about. Everyone knows what some pub Landlords can be like in their own little castles.

Such a great post that really hits the nail on the head here... I have, initially, tried to reason with her but all to no avail. As I said above in reply to Paddy, no I don't play for any of her circle of friends at all. Most of them are worse than her!

It's a shame that a working relationship of circa 4 years has to go like this, but she just does not realise the gravity of not being paid, having turned away other work for that date in the past 10 months. Laughing in my face (on the phone) and saying, "Oh, you know what I'm like" doesn't really compensate for the loss and hassle that it has given me. She even claimed not to have taken down a number for the other band, making it impossible to get in touch with them to rearrange the booking.

I had to find them via Facebook and drop them a polite message asking them to ring her re a potential double booking, which they did. I mean, just suppose that none of this had come to light before the actual day? We both turn up and then the 'fun' really starts...

Bottom line is that I have a signed contract with all 4 2014 dates on it. Two have been completed smoothly, and she was aware of the December one, just denies writing the August one in her diary despite;

1. All being booked at the same time
2. A contract clearly listing the four dates being signed and returned

If someone fails to cross reference their diary with a confirmation contract, then the faux pas is certainly down to their ineptitude.

If I'm not going to stand firm when push comes to shove then I might as well not send contracts out at all and save the typing, paper and postage.

Thanks.

Maharishi

harrys_dad wrote: »

Well now you know why maybe you should be.

I think not. When, like me, you have had to endure the nonsense of going to work at midnight, and been on a 3 day week, all because there was no electricity thanks to the Miners vs Ted Heath stand-off, you realise that Trade Unions are not the solution a lot of the time...

40 years on and it still grates to think about it.

Maharishi

Well, I didn't manage to secure an alternative date so it looks like I'll be pressing ahead with the LBA.

StevemSE offered to help me draft it. I pm'd him but, as yet, haven't heard back. Perhaps holidays have intervened so if anyone else has advice on constructing in such a way as to have maximum chance of an out of court result, I would be very grateful.

Thank you.

wealdroam

Maharishi wrote: »

Well, I didn't manage to secure an alternative date so it looks like I'll be pressing ahead with the LBA.

StevemSE offered to help me draft it. I pm'd him but, as yet, haven't heard back. Perhaps holidays have intervened so if anyone else has advice on constructing in such a way as to have maximum chance of an out of court result, I would be very grateful.

Thank you.

The CAB website has some good guidance on constructing a Letter Before Action.

Look here:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

There is a sample LBA in there too.

Maharishi

wealdroam wrote: »

The CAB website has some good guidance on constructing a Letter Before Action.

Look here:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

There is a sample LBA in there too.

Gives me an idea although the sample is more a goods oriented type of thing, but I guess that the principle holds good.

I assume that I send this recorded delivery and enclose copies of documents that I intend to use? Some of the 'documents' are in the form of texts received - I assume that I just print these out via the PC?

Thanks as always

wealdroam

Maharishi wrote: »

Gives me an idea although the sample is more a goods oriented type of thing, but I guess that the principle holds good.

Yes, the principle is the same.

Maharishi wrote: »

I assume that I send this recorded delivery...

That CAB doc says:

Sending the letter before action
Keep a copy of your letter and get a proof of posting certificate free from the post office, in case the court asks for proof that you sent the letter.

Maharishi wrote: »

...and enclose copies of documents that I intend to use? Some of the 'documents' are in the form of texts received - I assume that I just print these out via the PC?

No, that CAB doc talks about sending a list, not sending the documents:

a list of any documents you'll be using to prove that you are owed the money