Non-payment

Former Member

Hi there,

I'm hoping someone can offer help and/or advice on a situation.

I run a Mobile Disco service, and I placed a DJ at a wedding in the local area. The Bride & Groom had provided an extensive list of tracks to be played, 88 in total, around 6hrs of music. The actual disco was about 4.5hrs so already we knew that there would be no way we could fit all the tracks in.

We played 51 tracks out of the 88 selected. No-one was dancing to the selected tunes. Obviously, our DJ used his discretion and moved away from the playlist to play some party classics which the guests seemed to enjoy. The Bride & Groom returned to the DJ on two occaisions and asked him to return to the list, upon doing this, everyone walked off the dancefloor and looked at the DJ as if he was some sort of moron. Even the B&G were not dancing to their own tracks.

At the end of the evening, the father of the groom returned to pay the DJ, but only offered £50 out of the previously agreed (and contracted) £280 fee. The excuse was that they were not happy and that £50 was the offer, take it or leave it, and that they would take it up with "The Company", i.e. me.

I have emailed the clients this morning, but fear that they have been whisked away on their honeymoon. Obviously, i'd like to nail this now rather than leave it 2 or 3 weeks down the line.

I used the "Restaurant Bill" as a reference as it is similiar. The clients were not enjoying the "food" but did not question this until the end when a much reduced offer was made.

What does everyone else think about this case? What would be the correct procedure to resolve this? We do hundreds of weddings every year, and for the past number of years have never had any complaints. We have never had any complaints either from other clients who have had the DJ we used on this occasion.

I look forward to your replies!

Ian.

Former Member

I don't now about what you could do now but in future i would have a word with the bride and groom about how no one is dancing and you recommend that you play something different.
Afterall they were paying you for what they wanted and not for what you thought was best, even though you were probably right. Kwim?

Former Member

i'd write to them in an official looking/sounding letter explaining that the dj provided a service as required and therefore requires paying for it.
Sure the dj might have used his own judgement a little which they were obviously not happy about but at the end of the day the original fee was £280! £50 is a joke compared to that. If they'd offered something like £200 saying they were not happy with the none-playist tunes played then fair enough but £50!? get real!

If they still refuse then threaten to take them to court to recoup funds, if they still refuse, do it.

Former Member

Take him to the small claims court.

Former Member

Before you get to small claims you might want to write two letters. In the first, state the amount due, what for, when and where they are to pay, deadline for payment expected, legal advice will be saught and all efforts made to collect the money due. If they don't cough up, send the second letter with the same details as above, refer to first letter and enclose a copy, give a further deadline and notice that you intend to recover money through the court if not received by the deadline. Send both letters by registered post. If you don't get money by the second deadline, small claims- you can do it online and there are explainations for how you should work out the interest daily on money owed, you can also wack on a bit for whatever emotional distress they might have caused you (though I wouldn't bother, as an unrelated figure may make them more likely to contest your claim and waste more of your time).

Good Luck...

ETA: and use a spell check...

Former Member

Don't arse about too much with letters though.

One letter and then a final demand- exactly 14 days apart- would be fine.

It sounds like they are just fishing for a reason not to pay you.

JsT

Tell them to piss off and stump up the cash. Politely of course.

The DJ was asked to play certain tracks and he did as told.

Former Member

Kermit's right again :rolleyes:

Send a prelim request for the money. Then a letter before action. Then take them to court for it.

Let's not pretend they would take it as far as court

Former Member

To be honest I'd make the tone of the first letter somewhat more friendly, it doesn't help to get peoples' backs up.

Former Member

In the past I've found that getting the form for small claims court, filling it in, photocopying it and sending the copy with the final letter tends to get peoples' arses into gear to cough up.

Former Member

.

Former Member

girl with sharp teeth wrote:

You should be careful about things like that Miffy, it's against OFT guidelines to falsely imply that documentation is a current claim filed with the county court.

That's not what I meant. I ought to have said that the letter would state that you've got the form filled in and ready to go if payment isn't forthcoming.

Former Member

Miffy wrote:

That's not what I meant. I ought to have said that the letter would state that you've got the form filled in and ready to go if payment isn't forthcoming.

That's how I read it..

Former Member

Miffy wrote:

That's not what I meant. I ought to have said that the letter would state that you've got the form filled in and ready to go if payment isn't forthcoming.

Either way, if you were a corporate creditor you would be in the deepest shit for doing a stunt like that.

And even if you're not, its generally not a very good idea to start breaching OFT guidelines on debt recovery, no matter how small your company is.

Former Member

discoian wrote:

Hi there,

I'm hoping someone can offer help and/or advice on a situation.

I run a Mobile Disco service, and I placed a DJ at a wedding in the local area. The Bride & Groom had provided an extensive list of tracks to be played, 88 in total, around 6hrs of music. The actual disco was about 4.5hrs so already we knew that there would be no way we could fit all the tracks in.

We played 51 tracks out of the 88 selected. No-one was dancing to the selected tunes. Obviously, our DJ used his discretion and moved away from the playlist to play some party classics which the guests seemed to enjoy. The Bride & Groom returned to the DJ on two occaisions and asked him to return to the list, upon doing this, everyone walked off the dancefloor and looked at the DJ as if he was some sort of moron. Even the B&G were not dancing to their own tracks.

At the end of the evening, the father of the groom returned to pay the DJ, but only offered £50 out of the previously agreed (and contracted) £280 fee. The excuse was that they were not happy and that £50 was the offer, take it or leave it, and that they would take it up with "The Company", i.e. me.

I have emailed the clients this morning, but fear that they have been whisked away on their honeymoon. Obviously, i'd like to nail this now rather than leave it 2 or 3 weeks down the line.

I used the "Restaurant Bill" as a reference as it is similiar. The clients were not enjoying the "food" but did not question this until the end when a much reduced offer was made.

What does everyone else think about this case? What would be the correct procedure to resolve this? We do hundreds of weddings every year, and for the past number of years have never had any complaints. We have never had any complaints either from other clients who have had the DJ we used on this occasion.

I look forward to your replies!

Ian.

I'm surprised you didn't ask for at least £100 deposit in the first place (if not the full amount), I've booked coaches and buses before and in all cases full payment was required by me 14 days in advance of the trip.

It sounds like they are trying it on and planned this from the very beginning to not offer full payment.

I once paid a deposit for a venue of £50 and they cancelled on me and refused to give it back for a long time until I finally tld them I was going tothe small claims court and they can bring in all the lawyers they want but should they win or lose they won't be able to claim the money back - that finally got them to cough up.