Clients client didn't like the image, client can't pay me

pxl8 said:
seriously tho. I still don't think you've got anything to worry about. Their images were very close to yours and the brief is pretty basic so you delivered. If they failed to be specific enough in the brief it's their fault, not yours.

If they behave in a similar way at the next hearing they'll get the same treatment and lose because of it.
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They tried to say that the images on the site aren't the same as the brochure. So there is a chance that my images weren't up to spec, that they were rubbish compared to the other companies and that the images I took didn't show off a 5 star apartment. They said I didn't have the skill set to do the job, which begs the question... why hire me?!

I don't think I can use anyone from TP. You're not independent enough.
 
petemc said:
I don't think I can use anyone from TP. You're not independent enough.
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They're not to know that... as long as the person from here is listed on a pro website somewhere...
 
Don't get depressed about things you didn't mention today but do start to write things down as and when they occur to you. That way if your mind goes blank at the trial you can have something to refer to. You just nee to try and prepare a response for each point you think they may raise.
I'm sorry you didn't get a resolution today but by the sound of the Judge's attitude to the case you at least have a shot.
 
Did they show the other shots from the brochure as part of the brief so you knew what style they were expecting. How does the apartment you shot compare to the others in the brochure - that could be a big part of it if the other places were a step up in style/design/etc...
 
Weggy said:
They're not to know that... as long as the person from here is listed on a pro website somewhere...
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I'm not one for being dishonest in that way. I have one person in mind who I've met twice at networking events. That should be independent enough. Only met them twice in passing, its not like we're close friends or even chatted on TP.

Alex S said:
Don't get depressed about things you didn't mention today but do start to write things down as and when they occur to you. That way if your mind goes blank at the trial you can have something to refer to. You just nee to try and prepare a response for each point you think they may raise.
I'm sorry you didn't get a resolution today but by the sound of the Judge's attitude to the case you at least have a shot.
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I'm convinced that if I had spoken up and said that because they said I would be paid they were happy with the work and that there is no quality issue. Then it would goto court and I'd win. :bang::bang::bang:

pxl8 said:
Did they show the other shots from the brochure as part of the brief so you knew what style they were expecting. How does the apartment you shot compare to the others in the brochure - that could be a big part of it if the other places were a step up in style/design/etc...
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They didn't. They just claimed that there was a huge difference. It should have been bloody obvious when they saw the images on the following Wednesday that they weren't right and asked me to fix them. They didn't.
 
Did they show the other shots from the brochure as part of the brief so you knew what style they were expecting. How does the apartment you shot compare to the others in the brochure - that could be a big part of it if the other places were a step up in style/design/etc...


They didn't. They just claimed that there was a huge difference. It should have been bloody obvious when they saw the images on the following Wednesday that they weren't right and asked me to fix them. They didn't.
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Could you get hold of a brouchure from the clients, just pretend to be interested in one of their apartments?
 
petemc said:
They didn't. They just claimed that there was a huge difference. It should have been bloody obvious when they saw the images on the following Wednesday that they weren't right and asked me to fix them. They didn't.
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Then use that are part of your case, their brief didn't sufficiently outline what was required, they can't hold you responsible for that. You covered the brief they provided, end of. Even go as far as to say that had they alerted you to the difference you would have been happy to negotiate a re-shoot for the revised brief.
 
Yeah I will do. Just need something to smash so I can get over this and get back on form. Can't even do retail therapy cos I'm short on cash :(
 
petemc said:
Yeah I will do. Just need something to smash so I can get over this and get back on form. Can't even do retail therapy cos I'm short on cash :(
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Feel free to call round and kick in my work PC, it hasn't worked for two weeks and nobody in Computer Services seems to care. You may as well get some use out of it cos I'm sure not :)
 
Alex S said:
Could you get hold of a brouchure from the clients, just pretend to be interested in one of their apartments?
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Perhaps year. You'd think that they would have brought it with them to show how bad mine were in comparison. You'd think that they would have removed the ones from the website because they're worse than mine and if mine don't show off a 5 star apartment then surely they don't. :bang:
 
Quote:
Originally Posted by Weggy View Post
They're not to know that... as long as the person from here is listed on a pro website somewhere...
I'm not one for being dishonest in that way. I have one person in mind who I've met twice at networking events. That should be independent enough. Only met them twice in passing, its not like we're close friends or even chatted on TP.

Pete, the judge has stated that it must be an independent photographer, he may well ask if you are acquainted with or have ever met and spoke to this person you have in mind.
Your honest answer may prejudice your case.
He has to be totally independent.
 
So not even someone I've met twice at networking events? Shame. Reckon its possible that I can call the court and change this? Point out that because they said they would pay me they accepted the images and there was no issue. Or have I blown it on that front? Have I lost my chance now?
 
petemc said:
So not even someone I've met twice at networking events? Shame. Reckon its possible that I can call the court and change this? Point out that because they said they would pay me they accepted the images and there was no issue. Or have I blown it on that front? Have I lost my chance now?
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Not so.... He would still be classed as "independant" and you could be completely honest if asked.
 
Right, ok. So how do I fix this? We had our meeting and this is what he's recommended we do by Dec 5th. I've really screwed this up.
 
See what others say but I'd consider writing to the judge and clarifying your position. They did accept your work and had no problems with the quality at that time, as the thread title says it was their clients who didn't like it which is none of your concern, your client accepted your work and agreed to pay you for it. that's all the case you have to put.
 
gwocni said:
Not so.... He would still be classed as "independant" and you could be completely honest if asked.
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Excellent advice from Peanuts and in your own interests you need to clarify the above difference of opinion.
 
This was my claim...

On March 27th I agreed to photograph 2 buildings for "a company" for marketing use. I have previously worked with "a company" and they've had copies of my Terms and Conditions for over a year. I sent the invoice to them April 12th 2007. I didn't hear back from them so the images were acceptable. April 26th I got an email from "Guy1" stating that the invoices would be paid tomorrow which weren't. I contacted them many times for an update, no reply. 6 weeks after the invoice date I spoke to "Guy2". He said he would email "Guy3" get an update. 1st June I got a call from "Guy2" stating that their client was unhappy with the photography. "Guy2" offered me 50% of the fee. In my TC's it says: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. No such fee was negotiated, only the original £500 for the shoot. No complaints were made about the images. "a company" were happy with. There is no ground to reject them.
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Reading that Pete, I don't see where quality comes into it
 
Aye. I have an email from my client saying "Brilliant, thanks mate. I'll get the invoice sent to accounts." Or as I read it "You did a good job and we'll pay you." I'm so stupid! You're right, this is my claim. Why was I so timid? Hate myself for this :(
 
If you have that email, show it to the judge, I'd have thought he would award you the case on the spot.
 
Steep said:
If you have that email, show it to the judge, I'd have thought he would award you the case on the spot.
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Yeah :( It was right there in the bundle.

peanuts said:
Quality of image has been mentioned and you have commented on it so it looks to me like the defendant will be permitted to argue their case , at least in part ,on quality grounds. If you hadn't mentioned quality they wouldn't, simple as that.!
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I didn't :( The judge felt that it may have been an issue outside their expertise to handle and wanted to know if that was the issue.
 
Sorry you never got it sorted today:(
Hope it goes better at the next meeting, I'm sure it will(y)
 
This is a simple small court claim. The amount is only £500. Or did you mean something else? Thing is, if I back out what happens to their counter claim? Also meeting with a solicitor is another £50 :(
 
Ah ok. The guy I met with today was at the county court. It is a small claims. It was a district judge we met with in a hearing. He did say before it goes to trial.
 
peanuts said:
sorry Pete I thought you said a judge ? You don't get a judge in a magistrates Court
I thought you plumbed for a County Court claim before a judge which is altogether differant.
Is it a County or Magistrates court ?

The defendants counter claim is only in answer to your claim ... If you drop your claim they will have no claim to defend hence no counterclaim. They are using your claim to claim against you for free .

If they want to claim against you they will then need to take out their own claim against you . Then you can use their claim to counter claim against them .phew
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You don't have a ****ing clue, do you?

Every thing you say in that post is wrong.

Not to mention the utter toss you've spread all over this thread in the guise of advice that is not only wrong, but positively dangerous to Pete's chances of success in this case.
 
Pete, it might be worth outlining the case on uk.legal.moderated for advice on the process and your options. I agree that the case should be about non-payment but the guys on UKLM should be able to offer some advice, esp. wrt the 3rd party aspect.
 
mobilevirgin said:
You don't have a ****ing clue, do you?

Every thing you say in that post is wrong.

Not to mention the utter toss you've spread all over this thread in the guise of advice that is not only wrong, but positively dangerous to Pete's chances of success in this case.
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ok I'll remove all my posts and leave it to you to advise Pete. You clearly know what you are talking about .
So elequently put too. :)
 
Now now, come on chaps, calm down please. There's no need to be argumentative.
We all want the same outcome..for pete to win :)
 
apologies Pete I can assure you my intentions were to be constructive and helpful only. I have studied law for more than 8 years at college and University as part of my Surveyor and Architects courses and have attended over 12 county court hearings as an expert witness and prepared 3 hearings of my own over the past 35 years.
good luck
I shan't be posting on this forum again following the comments of Mr Mobile virgin ? life is to short and precious to have to deal with people like him when I have a choice
 
Quote:
Originally Posted by peanuts View Post
sorry Pete I thought you said a judge ? You don't get a judge in a magistrates Court
I thought you plumbed for a County Court claim before a judge which is altogether differant.
Is it a County or Magistrates court ?

The defendants counter claim is only in answer to your claim ... If you drop your claim they will have no claim to defend hence no counterclaim. They are using your claim to claim against you for free .

If they want to claim against you they will then need to take out their own claim against you . Then you can use their claim to counter claim against them .phew
You don't have a ****ing clue, do you?

Every thing you say in that post is wrong.

Not to mention the utter toss you've spread all over this thread in the guise of advice that is not only wrong, but positively dangerous to Pete's chances of success in this case.
ok I'll remove all my posts and leave it to you to advise Pete. You clearly know what you are talking about .
So elequently put too.
Guys, this is not helping Pete:nono:
 
mobilevirgin said:
You don't have a ****ing clue, do you?

Every thing you say in that post is wrong.

Not to mention the utter toss you've spread all over this thread in the guise of advice that is not only wrong, but positively dangerous to Pete's chances of success in this case.
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To be honest I don't know if the advice is good, bad or indifferent.

However, that sort of response mobilevirgin really isn't constructive. If it's wrong, by all means say so, and explain why, don't launch a tirade of abuse which helps no-one.

Perhaps you need to sit back and think about how to express your communications?
 
dod said:
To be honest I don't know if the advice is good, bad or indifferent.

However, that sort of response mobilevirgin really isn't constructive. If it's wrong, by all means say so, and explain why, don't launch a tirade of abuse which helps no-one.

Perhaps you need to sit back and think about how to express your communications?
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Yeah, ok, fair enough. I've had a bad day. Its been dealt with elsewhere now.

I'll admit to an over-reaction. For which I apologise.

I won't say anything else here. Those involved know how to get hold of me if they think its helpful.

MV
 
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