getting paid!!!

Mary

Mary

I've written three articles for a national magazine. After having the first one accepted in June I was asked whether I'd mind deferred payment. Thinking this would mean waiting 2 or possibly 3 months, I agreed. However, it's now almost 6 months but every time I contact the person concerned, she either says she's already sent me a cheque which must have got lost in the post or comes up with some excuse about her children being ill, being too busy etc. etc. I've been extremely patient and don't really want to resort to small claims court threats but am really not sure what else to do. Any advice would be really appreciated.

Mary

Carol

Did she define how long the deferred payment was to be for? If she didn't you might have problems getting payment enforced because you agreed to an unspecified deferred payment.
Does this magazine have an accounts department? If yes send an invoice giving your name address and contact details, what the article was and when it appeared, and the agreed payment.
As a last resort take to the small claims court.
And don't in future accept deferred payment.

Carol

That is useful to know Dorothy.

Jenny

Sounds as though your contact can't be bothered to investigate. Does the magazine belong to a large publishing group?

Carol

Is it one we would know and recognise. I'm all for naming and shaming where possible. It allows other writers who might approach them to be cautious.

Mary

Thanks for the advice... I've already sent a letter by registered post along with a statement of account listing amounts owing but have been fobbed off several times. It is a national magazine but seemingly only has a small team of regulars as unfortunately the editor appears to be the accountant too! She didn't specify how long I'd have to wait to be paid but to be honest, I didn't question it as I've been working as a freelance writer and translator for about 5 years and haven't had a problem until now.. has anyone had to resort to the small claims court? P.S. If I don't get paid, I will definitely name and shame... still, for some reason giving her the benefit of the doubt for a few more days but not for much longer!

Tessa Tangent

It's like shoplifting.  They've had the goods and now they should pay... end of. 

mrsherlockholmes

Hail Mary! Yes I have taken a publisher to the small claims court.  This is what you do:
a)  Go to your county court office and get CLAIM FORM N1.  Fill this in (3 copies) and give in to office with a fee (based on amount claiming - £30 up to £300 is minimum)
b)  The form will be sent to the defendant and you will be sent a “Notice of Issue”. This form will have a date “deadline” which the defendant is supposed to answer by.
c)  If the claim is ignored by the due date, you fill in the part of the “Notice of Issue” form called “Request for Judgement” and send it to the court.
d)  You will then be sent a copy of “Judgment for Claimant (in default)” which has been sent to the defendant.  This tells them they have to pay up including costs of fee plus interest.

That is all that happens for your fee.  If after all that you do not get paid you go back to the court and ask for a “Warrant of Execution” for which there is another fee (£35 if the money owing is up to £125; £55 if more than that amount).  The court can then send bailiffs to seize goods to the value owing. I have not yet progressed to that stage because I fear it may well be a case of throwing good money after bad.  See Helpful Leaflets EX321 and EX322.

You can issue the claim online (www.hmcourts-service.gov.uk) and get guidance leaflets on the procedure.  I have found these leaflets sadly lacking in the detailed minutiae required and the staff at my local court less than helpful.  Have a careful read of the following though before proceeding:
EX307  The small claims track
EX301  Making a claim?
EX302  How to make a claim
EX304  No reply to my claim form
EX50 County Court Fees
All these should be on the hmcs website as pdf files or you can pick them up at your local county court office.  There is a lot of information on the website but often difficult to pin down because of terminology eg I was ages looking for “Judgment in Default” which threw up nothing and eventually found what I required under “Warrant of Execution”.

Best of luck!

Mary

thanks so much for your advice - especially yours, Mrs Sherlock Holmes! Have been feeling very alone here - it's not as if it's a huge amount of money but it's the principle.. the particular magazine was mentioned in this month's Writer's News which infuriated me!

Jacey

Good luck, Mary.  I hope you resolve it soon.

Carol

Had any response yet Mary?