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Getting Paid Guide

Unpaid gig fee: step-by-step guide to getting paid

Not getting paid for a performance is frustrating and unfortunately common. Whether it is a late payment, a venue that has gone quiet, or someone outright refusing to pay, there are steps you can take to recover what you are owed. This guide walks you through the process from first reminder to legal action, and explains how to protect yourself in future bookings.

What this means in practice

When you agree to perform for a fee, that is a contract. It does not need to be written down to be legally binding - an email exchange, text messages, or even a verbal agreement can create an enforceable contract. If the other party does not pay, they are in breach of contract. You have the right to pursue the debt through reasonable means, including formal demands and, if necessary, court action. In the UK, the process for recovering small debts is relatively straightforward. The Small Claims Court (part of the County Court) handles claims up to £10,000 and is designed to be accessible without needing a solicitor. However, court action should be a last resort. Most unpaid gig fees can be recovered through persistent, professional communication. The goal is to make it easier for them to pay than to continue ignoring you. The key is to act promptly, document everything, and escalate systematically if initial approaches fail.

What this guide covers

Step-by-step process for chasing unpaid fees
How to write effective payment reminders
Sending a formal Letter Before Action
Your legal rights regarding late payment
Using the Small Claims Court
Protecting yourself in future bookings
When to cut your losses vs when to pursue

Step 1: Check your agreement

Before chasing payment, review what was agreed: - What fee was agreed and when was it due? - Was payment due on the night, within a certain period, or after invoice? - Do you have written evidence (email, text, contract, booking confirmation)? - Did anything happen that the other party might claim changed the agreement? If the agreement was verbal, write down everything you remember as soon as possible: who you spoke to, when, what was said, and any witnesses. Even without a written contract, you can still pursue payment. The evidence of your performance (photos, videos, the venue confirming you played) combined with any communication about fees will support your claim.

Step 2: Send a polite reminder

The first step is a friendly reminder. Many late payments are due to admin delays or oversight, not bad intent. Send an email (so you have a record) along these lines: "Hi [Name], I hope you're well. I'm following up on payment for my performance at [venue/event] on [date]. The agreed fee was £[amount] and I haven't yet received payment. Could you let me know when I can expect this to be processed? I've attached my original invoice for reference. Thanks, [Your name]" Give them a reasonable time to respond - 7 days is standard. If you hear nothing, follow up once more with a slightly firmer tone.

Step 3: Send a formal demand

If polite reminders are ignored, escalate to a formal written demand. This should: - State clearly what is owed and for what - Reference any original agreement or correspondence - Set a specific deadline (usually 14 days) - State that you will consider legal action if payment is not received Example: "Dear [Name], I am writing regarding the outstanding payment of £[amount] for my performance at [venue/event] on [date]. Despite previous correspondence on [dates], this payment remains outstanding. I am now formally requesting payment within 14 days of the date of this letter. If I do not receive payment by [specific date], I will consider my options for recovering this debt, which may include legal action. Please arrange payment to the following account: [details] Yours sincerely, [Your name]" Send this by email and consider also sending a physical letter (keep proof of postage).

Step 4: Letter Before Action

If the formal demand is ignored, the next step is a Letter Before Action (LBA). This is a formal legal letter that warns the debtor you are about to take court action. An LBA should: - State "Letter Before Action" clearly at the top - Summarise the debt and all previous attempts to recover it - Give a final deadline (usually 14 days) - State that you will issue court proceedings without further notice if payment is not received - Mention that if you go to court, you will also claim interest and court fees An LBA shows you are serious and often prompts payment. It also fulfils the court's expectation that you tried to resolve the matter before issuing a claim. You can write an LBA yourself - you do not need a solicitor. However, having a template checked or using a professionally worded version can add weight.

Step 5: Small Claims Court

If all else fails, you can issue a claim through the Small Claims Court. This is part of the County Court and handles claims up to £10,000. To make a claim: 1. Use the Money Claims Online service (gov.uk) or fill in form N1 2. Pay the court fee (sliding scale based on claim value - e.g., £35 for claims up to £300) 3. The court sends your claim to the defendant, who has 14 days to respond Possible outcomes: - The defendant pays in full (you withdraw the claim) - The defendant does not respond (you can ask for a default judgment) - The defendant disputes the claim (a hearing is scheduled) Small Claims hearings are designed to be informal. You can represent yourself. The judge will consider the evidence and make a decision. If you win, you receive a County Court Judgment (CCJ) against the defendant. They have time to pay. If they do not, you can use enforcement options like bailiffs. Note: Even if you win, collecting the money can sometimes be difficult if the defendant has no assets or has disappeared. Consider this before deciding to pursue.

Your rights on late payment

Under the Late Payment of Commercial Debts (Interest) Act 1998, if a business pays you late, you can charge: - Interest at 8% plus the Bank of England base rate (on the debt from when it became overdue) - A fixed compensation fee: £40 for debts up to £999.99, £70 for debts £1,000-£9,999.99, £100 for debts £10,000+ You can include these amounts in your formal demands and court claims. The interest continues to accrue until the debt is paid. Note: This applies to business-to-business transactions. If you are dealing with a private individual (not a business), different rules may apply.

Protecting yourself in future

Prevention is better than chasing. For future bookings: Get it in writing: Even a quick email confirming the date, time, and fee creates a record. "Just confirming I'll be playing at [venue] on [date] for a fee of £[amount], payable on the night." Consider deposits: For larger fees or less established venues, request a deposit upfront. 50% deposit with the balance on the night is reasonable. Take payment on the night: Where possible, collect your fee immediately after the performance. Cash or bank transfer before you pack up. Know who you're dealing with: Research the venue or promoter. Ask other musicians about their payment history. Be cautious with new contacts or unusually vague arrangements. Invoice promptly: If payment is not immediate, invoice the day after the gig with clear payment terms. Keep records: Save all correspondence, contracts, invoices, and evidence of performance.

Unpaid Fee Recovery Checklist

  • Review your original agreement and payment terms
  • Gather all evidence: emails, texts, contracts, invoices
  • Send a polite payment reminder first
  • Follow up if no response within 7 days
  • Send a formal written demand with 14-day deadline
  • Calculate any late payment interest and compensation
  • Send a Letter Before Action if still unpaid
  • Consider Small Claims Court for debts up to £10,000
  • Document every step and communication
  • Update your booking practices to reduce future risk

This checklist is for general education only and is not legal, tax or financial advice.

Common mistakes to avoid

Not having any written agreement in the first place
Waiting too long before chasing payment (memory fades, urgency decreases)
Being too casual or apologetic in payment demands
Not keeping copies of all communications
Accepting partial payment without a clear agreement about the balance
Threatening legal action but not following through (undermines credibility)
Not including late payment interest in formal demands
Issuing court proceedings without sending a Letter Before Action

Example scenarios

Venue goes quiet after the gig

You performed for an agreed £200. The venue said they would pay within 7 days but have not responded to emails. You send a polite reminder, then a formal demand. After no response to the formal demand, you send a Letter Before Action. The venue pays within 5 days to avoid court.

Promoter claims different fee was agreed

A promoter claims the agreed fee was £100, not the £150 you believe was agreed. You produce an email where the promoter confirmed "£150 for the set". With this evidence, the promoter pays the full amount.

Small Claims success

After a venue refuses to pay £350 despite all your efforts, you issue a Small Claims claim online. The venue does not respond. You apply for a default judgment and the court orders them to pay £350 plus your £35 court fee plus late payment interest.

Deciding not to pursue

A £50 fee remains unpaid after two reminders. The venue has a reputation for non-payment and may be on the verge of closing. You decide the time and stress of pursuing is not worth it, but you warn other musicians and do not book with them again.

These scenarios are illustrative examples only and not legal advice. Your situation may differ.

Records to keep

Original booking confirmations and agreements
All correspondence about the booking and payment
Your invoices and payment reminders
Evidence you performed (photos, videos, social media posts)
Formal demands and Letters Before Action sent
Any responses from the debtor
Court documents if proceedings are issued

When to speak to a qualified professional

The amount owed is significant and you want legal advice
The debtor is disputing the agreement and you are unsure of your position
You are considering court action and want guidance on the process
The debtor has issued a counterclaim or defence
You have won a judgment but cannot get the debtor to pay
You are dealing with a debtor in another country

Letter Templates Pack

Professionally worded templates for payment reminders, formal demands, and Letters Before Action, ready to customise.

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Source notes

  • UK Small Claims Court guidance - gov.uk
  • Citizens Advice - getting money owed to you
  • Late Payment of Commercial Debts (Interest) Act 1998
  • Money Claims Online service - gov.uk

Educational Disclaimer: This guide is for general educational purposes only and does not constitute legal, tax or financial advice. The information provided is based on publicly available resources and may not reflect the most current legal developments. Always consult with qualified professionals for advice specific to your situation. Musicians Rights UK is not a trade union, collecting society, law firm, royalty collection society, publishing administrator or government body.

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