Advice needed and a warning

[KazB]

Hi Guys

I could really do with some advice and would really appreciate any feedback you can give me,.

I am at the end of my tether with a so called 'agent' (who was also supposed to be a friend) who has ripped me off and stolen money from me.

Money was pretty tight at the beginning of the year and I couldn't figure out why as I was doing loads of shifts at Sportbabes, but when we completed the reconcilliation it transpired that there was a notable sum of money missing. ?1400 to be precise which is a lot of money to me.

I spoke to the agent about this (I realise that I can't name him on here but it's NOT Walpole - I don't want any confusion there!) and at first he pretended to know nothing about it claiming it must be down to the company but the company provided paperwork to prove the money was owed by the agent. We sent him the documents and he then claimed it was a bank error - this was back in March/April with some of the money owed dating back to January 2007

I was in the process of moving house and needed to borrow a loan from the bank for a deposit so asked this guy to get evidence of the error from his bank to show HSBC that I was owed this money.

The guy made promise after promise and kept changing his story - he blamed the company,then he claimed it was a bank error - then wouldn't pick up any calls from me, ignored my texts, letters & e-mails most of the time, although occasionally he would write "sorry I'll explain soon!" but of course soon never came!

Well this went on and on with me sending e-mails and trying to call and in the meantime my debts mounted due to all the interest on the missing money. HSBC stopped being sympathetic and started to charge me hundreds of pounds and money and the whole situation got worse and my credit history is now completely ruined.

Still, this guy doesn't give a damn. He recently e-mailed me a sob story claiming that he lost a contract and his wife is pregnant again but he would pay me the money before Christmas, which surprise surprise hasn't happened!

I asked my old company for advice and I'd assumed they'd put the pressure on as he contacted me a couple of weeks back asking for my bank details, but still nothing has been paid into my account and he's just fed me lie after lie and broken every promise. He's also changed his e-mail addresses various times and his phone number.

Can anyone suggest what legal action I should take?

Also if anyone is concerned that they may end up being scammed by this con man then feel free to mail me for more information!

[andytaylor]

Kaz

Sorry to hear of you problems - sounds like you need to go to the Small Claims Court.
I suggest you speak to your local Citizens Advice Bureau (www.adviceguide.org.uk) for assistance. They may be able to help with the bank charges too.

[myson]

Hi Kaz,

Awwww, that's a bummer hun.

I can't really suggest anymore than andytaylor has.

The CAB would probably be a good place to start. If you can prove your case you might??? also be able to claim the bank charges that HSBC charged you due to this person not paying you what they owed. Check that with the CAB as well.

If it does go to court and the court finds in your favour, it might also order your "credit history" to be cleared (I believe the court can do that? Again, check that with the CAB) so you have a "clean slate" again.

Good luck Kaz, I hope you get the money owed and that it turns out ok for you in the end.

myson

[bigAl]

Have a look here Kaz.



Gives a good overview of the procedure. I used it successfully a few years ago when my brother-in-law had a car accident. If you need any help, give me a shout.

[nikonman]

Kaz,
If you are going to go to your local Citizens Advice Bureau i would certainly contact them tomorrow or at the very latest Thursday, due to everyone winding down for the holidays. I have always found you can get nothing done between Christmas and New Year.
You should be able to find your local CAB in the yellow pages.
Peter

[paul jones]

Has he got any money?

If he CAN'T pay then you're stuffed.

Since he owes you more 750 you can go for the nuclear option and make him bankrupt. Just letting him know you'll do it, and are serious, can work wonders on those who can pay but are messing about.

http://www.insolvency.gov.uk/guidancele ... omeone.htm

Good luck.

P.S. if he owns his house, he can pay - even if he has no cash flow and can't raise a mortgage, he can sell up and trade down. And a bankruptcy will force that on him.

[Androm]

Hi Kaz
I?m sorry to hear about you situation which is certainly not very nice. I think you should try both Small Claims Court and or at least get in contact with CAB straight away.

A lot of CAB?s only have open appointments 2 days a week with appointment by arrangement the rest.
I?ve had personal dealings with the CAB and they are very helpful however, don?t expect your case to be sorted out overnight. My own case took nearly 3 months and I was only one day away from the bailiffs? knocking at my door.

Small Claims are also good. Remember, a lot of the work Small Claims Court do are one person against what another person says. You will need evidence that you have tried to contact this person. That this person owes you money, so either a contract or something like this. Unfortunately, a lot of the adult industry the UK goes on word of mouth and trust. That?s why when I shoot again all our models, agencies, whoever works with us, will have to sign a contract which clearly states what is expected of them and what they can expect from us. Not just a model release form. Seems a little over the top but it?s now the only way you can legally cover yourself. I would suggest every model should ask a photographer for a signed contract for the work they undertake.

I hope things get sorted out.

[CandiceParis]

Hi Kaz & J

I am sorry to read about your problems with this guy.

If you know he has the capability of getting the money that he ows you, including bank charges, & you know where he lives & or works.
Well you know my number!

James

[Streetwise]

Hi Kaz you probably dont know this log in name but you will remember shooting in our field and me locking you in a cage.
We have done the small clames court thing a few times so we can give you some first hand advice if you want to give us a ring.
It may be that just the threat of a county court action makes the cash turn up.
S