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Previous Dealings under Contract Law


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I'm not sure if I am posting this question in the right area but I need some help on Contract Law.

 

My wife instructed a firm of publicists to carry out some work in 2008 and she is having major problems with them.

 

They have been charging her disbursements which are in fact office expenses and business furniture(like toilet rolls, etc). This only came to light this month after we challenged them to prove the expenses hey are claiming. They have also increased her fees without her monthly fees without seeking her permission.

 

They have now argued that they have had previous dealing with her back in 2003 and my wife has re-engaged her off and on. This is form the line of their defence.

 

This is untrue and prior to 2008, she never engaged this firm.

 

Any help would be appreciated.

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This is the original agreement:-

 

 

Dear Tracy

 

Further to our discussion, please find below the revised fee structure for the next seven months.

 

XXXX Publicists will charge the following: March at £1500, April, May and June at £2000 a month, July and August at £1500 a month and September at £2000.

 

As in the previous letter our international fees start at £2000 per month, and the revised fee of £1500 for July and August normally applies when the agency is employed to focus solely on UK activity. XXXX Publicists for this revised fee will oversee activity undertaken for the European release date, however if the volume of work proves to be substantial, XXXX Publicists may need to readdress the situation for the months of July and August.

 

All disbursements such as phone, fax, email, cuts, travel, bikes etc are billed to our clients but we do ensure that these are kept to a minimum.

 

 

Towards the end of summer we can look at the level you would like XXXX Publicists retained at from October onwards, and whether there are further territories YYYY will be released in, as well as other projects you may have coming out. When we are not actively working on a forthcoming project, a monthly “hiatus” fee of £600 is charged whilst clients’ remain on our books. This covers the administering of the Clients from agents, producers, PR’s plus continuing to place generic articles and “British talent” or “International talent” round up pieces.

 

 

Once again we are looking forward to working with you,

 

Kindest regards

 

 

XXXX Publicist

 

I understand and accept the terms and conditions as set out in this letter of appointment.

 

 

…………………………….

Tracy

Edited by Darren007
Legal
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Darren,

 

As you have asked, I am visiting this thread, but before I make any recommendations, I need substantially more information than you have posted here.

 

Firstly, it is not against CAG rules to state who the company is. The benefit of this is so that I can do research on them and see what chances I would think your case has if it were to go to court, both of success and recovering the money if you win - though more of the latter. It is also to see if there are other people who have had similar problems with them. I have a large range of research tools at my fingertips, so please name and shame them. Please do not give their website address, I will find that in Google, as providing commercial links is against CAG rules.

 

Secondly, I have several questions for you:

1. When was the contract signed?

2. What success have they had?

3. They do say that they charge £600 whilst the client remains on their books but they aren't doing any work, which seems excessive to me, but has your wife dis-instructed them? If yes, when?

4. What amounts have they charged since the start of the agreement, and what were they claimed as being for?

 

When you answer these questions I may be able to help with further advice, but I will definitely have a better understanding as to what went on, so I can tell you what I would do, if I was in your wife's shoes.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi Legalpickle

 

1. Contract was signed in March and contract has been terminated.

2. Success was limited but we are not disputing this.

3. They have claimed some £2000 odd for expenses which are in fact office expenses and business furniture. Not disbursements or if so, very limited. e.g office filing cabinet, milk, tea bags, toilet paper, washing up liquid etc.

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Hi Legalpickle

 

1. Contract was signed in March and contract has been terminated.

2. Success was limited but we are not disputing this.

3. They have claimed some £2000 odd for expenses which are in fact office expenses and business furniture. Not disbursements or if so, very limited. e.g office filing cabinet, milk, tea bags, toilet paper, washing up liquid etc.

1. When was contract terminated? How was it terminated? Did your wife send a letter, or fax, or call? Was there any acknowledgment of this termination? If it was sent by letter was it by special delivery, recorded delivery or normal 1st or 2nd class post?

 

2. Please detail all the bills your wife has received since day one, incl. legitimate ones and what the descriptions were for.

 

3. Please detail any other correspondence between your wife and the company that may remotely be relevant.

 

To the others in the forum: I have received a PM from Darren saying that whilst he agrees with naming and shaming businesses, in the area of work his wife is in, putting the name of the business in the public domain could or would have negative consequences for his wife. I have therefore asked that he tell me the name of the company privately so I can do research on them and give the results of that research publicly without disclosing their company name. [For the mods: No advice is being given by PM though, as obviously that would be against CAG rules.]

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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looks to me from the original agreement post that the agency has been named already

Yup, Ross has read the 3rd post better than I have. Specifically the last paragraph.

 

Darren: You may want to edit that if you don't want the name remaining in the public forum.

 

Also, please still PM me the full name - i.e. Limited company / Sole-trader - without their website link [as that is a commercial link and against the CAG rules] of the company, so I can do research on them. The research will be posted publicly - except their name and address, which you already have - so no advice is being given by PM - which would be against CAG rules.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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