Model agency still not paying out!

aj16_2

I posted earlier in the year about this. My 2 children were selected as back-up for an advertisement to be shot end of March/early April. Everything was confirmed  in writing, regarding pay rate.

It is now December and after countless emails to agency, kids have still not been paid. There seems to be a standard excuse from their end, along the lines of "covid delaying payment". 

2 months ago agency showed me an email from the production company when they allegedly chased up payment. Email said this would be looked into as a matter or urgency (interestingly, there was no date on message).

What should be my next course of action? It's now getting close to me going to a small claims court. I am fed up chasing them. Not just going to forget about this as amount is close to £1k.

All advice appreciated!

Undervalued

aj16_2 said:

I posted earlier in the year about this. My 2 children were selected as back-up for an advertisement to be shot end of March/early April. Everything was confirmed  in writing, regarding pay rate.

It is now December and after countless emails to agency, kids have still not been paid. There seems to be a standard excuse from their end, along the lines of "covid delaying payment". 

2 months ago agency showed me an email from the production company when they allegedly chased up payment. Email said this would be looked into as a matter or urgency (interestingly, there was no date on message).

What should be my next course of action? It's now getting close to me going to a small claims court. I am fed up chasing them. Not just going to forget about this as amount is close to £1k.

All advice appreciated!

Sadly this is all too common with even the best agency's although, to be fair, many do genuinely suffer long delays in getting paid by the ultimate client. There can be many links in the chain.

Then of course there are the more disreputable ones.....

Yes, you can send a "letter before action" and if that doesn't work issue small claims proceedings (probably via moneyclaim online). That too will take a long while if they drag their feet and may actually delay you getting the money. It is a difficult judgement call only you can make.

You need to accept that doing so will probably mean no more work from that agency, unless you / your kids have something very special to offer them that they can't source elsewhere.

aj16_2

Not bothered about more work. Regardless of payment, we were going to finish with agency when contract ends next year. Did it initially for kids to gain more self-confidence.

Understanding now how this industry works but a job completed in early 2021 but unlikely to be paid until 2022 is surely unacceptable on all levels?

Anyway, thanks for reply.

Undervalued

aj16_2 said:

Not bothered about more work. Regardless of payment, we were going to finish with agency when contract ends next year. Did it initially for kids to gain more self-confidence.

Understanding now how this industry works but a job completed in early 2021 but unlikely to be paid until 2022 is surely unacceptable on all levels?

Anyway, thanks for reply.

I agree but for the reasons I have explained many such organisations get away with it.

A letter before action may do the trick or it may make them dig their heels in until "the steps of the court". Then they will probably pay up, leaving you out of pocket by the court fee. Yes, in theory you can still pursue that and if you are determined enough eventually get it. It is not "right" but sadly that is often how it is.

Lith

I would get  a High Court writ against them (if you can)

That will get your cash in a heartbeat (i've gone down this route before)

But when someone takes the !!!!!! in paying several months? it's time to take action.

Spendless

Yes, I agree it's commonplace in this industry. I have a child who did drama from a young age and frequently heard about delays in payment from the other drama Mums when their kids booked jobs. Daughter herself had a small role in a film 2 years ago in the December (for a Christmas film released the following year). It must have taken 6 months for her to be paid £100.

I'm also aware of a Mum who did chase up payment for her child's fees for an ad child did (this is a few years back) and it caused a fuss from the agency, so much so that Mum removed child to a different agency. Long term that wouldn't make a difference as said child in now at Secondary school at a well known Theatre school, but if your kids are mid teens and are looking to go to dance/drama schools soon-ish I'd be more wary of making waves. We've found the PA world to be very small and everyone chats to each other! 


I'd read the email of 'covid delaying payments' as 'covid affected cashflow' in addition to them probably having a backlog to work through if staff were furloughed/off with covid or ended up with a reduction in the team.

Sandtree

Before spending money on court fees etc first of all read the contract. 

I understand that these things are often written on a "paid is paid" basis, ie you dont get paid until they get paid. Court fees may be bad money after good unless you have a way to evidence they've been paid.

ACG

Send a letter before action. Give them 10 days and then google MCOL.

A letter before action just need to include:
A brief summary of the situation - ie my kids agreed to a modelling contract. You advised you would pay by xx/xx/xxxx as per our contract. My children delivered on their part of the contract. 

I have since chased you up on:
x
x
x
x

On x date you agreed payment would be forthcoming. It was never agreed that we would only be paid when you get paid therefore after 9 months we believe payment is now overdue. 

If payment is not made by xx/xx/xxxx we will look to take this to the small claims court where we will look to add court costs and interest charged at the standard rate of 8% from date we should have been paid. 

I look forward to hearing from you. 
-------

I have done a couple of these over the years and 95% of people tend to pay quite quickly. The rest wait until the court paperwork hits their doormat. 

Mineral1

Sandtree said:

Before spending money on court fees etc first of all read the contract. 

I understand that these things are often written on a "paid is paid" basis, ie you dont get paid until they get paid. Court fees may be bad money after good unless you have a way to evidence they've been paid.

 I'm always amazed that pay when paid clauses are still legal. In construction this was made illegal back in 1996.

Sandtree

Mineral1 said:

Sandtree said:

Before spending money on court fees etc first of all read the contract. 

I understand that these things are often written on a "paid is paid" basis, ie you dont get paid until they get paid. Court fees may be bad money after good unless you have a way to evidence they've been paid.

 I'm always amazed that pay when paid clauses are still legal. In construction this was made illegal back in 1996.

They are often legal because its a B2B relationship and so dont have the protections that consumers or employees have. 

I think the construction industry is so reliant on sub contractors and one man bands that it has a host of special rules/processes around it like the CIS card etc that has no equivalent for contractors outside of the construction space.

Thankfully I am well paid as a contractor but my current client insists that contractors go via umbrella companies. There has to be a sense of realism about how much credit risk the umbrella is going to take in exchange for the £70/month fee they charge when that also has to cover the PI cover (which previously for me would have been over £1,000 per year for lower cover were it not for mates rates) and administration.