Hi there,
I'm new to this, but am after some advice please. Short version of events is:-
My son is in a band, band were booked by an Agent to perform on 8th December. I signed a contract (although it's acutally Terms & Conditions rather than an actual contract) and sent it to the Agent, which they had sent as an attachment to an email. Never received a signed copy from them. Anyway, day of gig arrived and one of the band members was too ill to perform. Tried desperately to organise something else, for 3 hours, and failed and had to cancel gig. Contacted Venue to cancel. Shortly afterwards got a phone call from the Agent, very aggressive, telling me I had to 'do something about it'. Explained that I had tried everything I could think of, short of performing myself, and had failed. They said they would find a replacement and get back to me. Never did.
Thought it was done and dusted. Couple of weeks ago I get Court papers because they have filed a claim for compensation, £1000 plus Court fees. As far as I can see, no Solicitor involved at present. I have sent back a defence. Had my stepmother look over the original 'contract' (she used to work in a Solicitors) and she could see nothing about what happens if there is illness. No clauses to cover cancellation by the Act either. And, because I never received a signed copy of the 'contract' myself, she thinks that it is therefore null and void and does not exist. Today had more papers from the Court, who are transferring the case to a Court more locally. Have to fill in an Allocation Questionnaire, but can ask for a 'stay' of one month where no action is taken on the case, and giving both parties time to try and sort things out without Court.
What I would like to know is:-
(a) Are we right in thinking that a Contract is not proper unless it's signed by both parties?
(b) Could I write to the Agent and suggest to them that since they did not send a signed copy of the Contract to me they haven't got a leg to stand on?
I will not be paying this £1000 compensation under any circumstances because I do not believe that they have a right to claim it. Illness is an unforseen circumstance, beyond my control.
Advice please?? Many thanks.
I'm new to this, but am after some advice please. Short version of events is:-
My son is in a band, band were booked by an Agent to perform on 8th December. I signed a contract (although it's acutally Terms & Conditions rather than an actual contract) and sent it to the Agent, which they had sent as an attachment to an email. Never received a signed copy from them. Anyway, day of gig arrived and one of the band members was too ill to perform. Tried desperately to organise something else, for 3 hours, and failed and had to cancel gig. Contacted Venue to cancel. Shortly afterwards got a phone call from the Agent, very aggressive, telling me I had to 'do something about it'. Explained that I had tried everything I could think of, short of performing myself, and had failed. They said they would find a replacement and get back to me. Never did.
Thought it was done and dusted. Couple of weeks ago I get Court papers because they have filed a claim for compensation, £1000 plus Court fees. As far as I can see, no Solicitor involved at present. I have sent back a defence. Had my stepmother look over the original 'contract' (she used to work in a Solicitors) and she could see nothing about what happens if there is illness. No clauses to cover cancellation by the Act either. And, because I never received a signed copy of the 'contract' myself, she thinks that it is therefore null and void and does not exist. Today had more papers from the Court, who are transferring the case to a Court more locally. Have to fill in an Allocation Questionnaire, but can ask for a 'stay' of one month where no action is taken on the case, and giving both parties time to try and sort things out without Court.
What I would like to know is:-
(a) Are we right in thinking that a Contract is not proper unless it's signed by both parties?
(b) Could I write to the Agent and suggest to them that since they did not send a signed copy of the Contract to me they haven't got a leg to stand on?
I will not be paying this £1000 compensation under any circumstances because I do not believe that they have a right to claim it. Illness is an unforseen circumstance, beyond my control.
Advice please?? Many thanks.