Disraeli Avenue - why a charity won’t get its money

by Caroline Smailes on September 16, 2009

Ok, before I begin, I need to make it clear… I know that there are a number of people who (rightly) feel angered by the publisher this post is about. But my blog isn’t the place for aggressive comments. I have deliberately left off names, after taking legal advice. Please respect my wishes…

Over a year ago, I released an ebook of Disraeli Avenue. The actual ebook was (and still is) free, but there was the option for a voluntary donation to be made to my chosen charity. We raised over £1500 for the charity One in Four, a charity that offers support to survivors of sexual abuse. That money paid for a carpet in their group therapy room and other very much needed items.

Fast forward to this time last year, when I was thoroughly excited to be releasing a limited edition signed paperback of Disraeli Avenue through a publisher (please note: it wasn’t my usual publisher). Few were printed, all were signed and I personally sent them out before Christmas. It was agreed that all profit from the books would go to One in Four, that I was not to receive a penny from any of the sales but no contract was issued as all rights for the book were to remain mine.

Since January I have tried emailing, phoning, emailing and begging the publisher to pay. He promised me, he really promised me, that he would pay. And I trusted that he would.

This morning I emailed him (and his partner) again and this time the email bounced back (the email addresses no longer existing). It also appears that his website is no longer there. I know that there are others who are owed payments and authors who have had to pull out of their contracts with him. I also truly understand that the publisher has had a lot of personal problems (I last heard from him in June with a promise of payment), but the money was paid to him over 10 months ago, so writing a cheque to the charity should have only taken a few minutes.

I am lost for words. I now have no way of contacting him and I honestly thought the publisher was a good man. There is still part of me that can’t believe that he and his partner have disappeared without facing up to their responsibilities.

I have taken legal advice. I have been told that taking the publisher (if I can find him) to court would be costly and that if he does not have the funds, then there is little that can be done. A token £1 a month payment to a charity that desperately needs funding is not good enough. I have also been informed that the charity could take me to court, if they believe that I have taken the money and not passed it on to them.

Can you see why this has all been eating away at me? I honestly tried to do something ‘good’ when I agreed the publication of Disraeli Avenue. Clearly it has all backfired and turned into something rubbish.

I was going to keep quiet, but that feels wrong. I need to apologise to everyone who bought the paperback copy of Disraeli Avenue, for those who thought that they were supporting One in Four. If I had known that this was going to happen, then I would never have supported the publication.

I have no idea what to do next, but I guess that I have to start by emailing One in Four and letting them know what has happened. It all feels like such a mess.

{ 48 comments… read them below or add one }

Chas N-B September 16, 2009 at 11:54 am

Good luck Caroline. There is no magic wand I’m aware of, but by posting this you’ve taken a very positive step.

They are too blame - you are wonderful.

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Chas N-B September 16, 2009 at 11:54 am

I meant “to blame”.

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Jamieson Wolf September 16, 2009 at 11:58 am

Oh honey. I wish there was something I could do or say to make everything better. But there isn’t. I would take comfort in knowing that you attempted to do something good. Most people can’t even do that.

I’m sure that you’ve been keeping the charity up to date on what has been going on. Though they will be understandably upset, I’m sure they will understand.

Try not to let this eat away too much. You are lovely and so is Disraeli Avenue (still one of my fave e Books ever of all time) and I would hate for this to cast a shadow over something so incredible.

HUGGLES galore to you honey and I hope all will be okay. If you need anything you have but only to ask.

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@pennynash September 16, 2009 at 12:00 pm

It’s not your fault. I’m sure the charity will understand. If you want to try and put it right could you see if charity is registered with just giving. It maybe possible to raise money by possibly asking all those who follow you on twitter, or who visit your blog to donate £1 via just giving. It wouldn’t be compulsory and it may not raise anything but you would feel that you are doing something.It’s something to think about anyway.
All the best
@pennynash

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Keris September 16, 2009 at 12:00 pm

I’m so sorry this has happened, but I agree with Chas - it’s not your fault. You did an amazing thing with Disraeli Avenue and the behaviour of someone else, outside your control, doesn’t diminish that.

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Juxtabook September 16, 2009 at 12:01 pm

How awful for you Caroline that doing such a good thing has backfired. Please remember that you have already made a difference with the money that you raised earlier and that what you did was and is still a good thing. You are not responsible for the financial morality of others.

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Nik Perring September 16, 2009 at 12:05 pm

Nope, not your fault at all. It’s a shame you don’t find out who you can trust until it’s too late.

Nik

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Helen M Hunt September 16, 2009 at 12:07 pm

Honey, it is a mess, but it is not your mess and you have done nothing wrong. You have done everything you possibly could do to make this work. You still did something good and what happened afterwards doesn’t detract from that.

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Emily Morris September 16, 2009 at 12:20 pm

Caroline, I am really shocked and surprised about this. I bought a copy of the book. I am sure that the charity and the readers won’t blame you and hope that justice will prevail. Sometimes people are unbelievable.

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Darren Jones September 16, 2009 at 12:28 pm

Someone once told me that things like “love” and “trust” leave you vulnerable to loss and hurt, to being taken advantage of. Should we be less loving or less trusting?

You did a good thing with good motives for good people. Long may it continue.

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Queenie September 16, 2009 at 1:06 pm

I bought a copy of Disraeli Avenue for ten quid. I did not intend that money to line the pockets of a publisher, however impoverished; I intended it to go to One In Four. I support @PennyNash’s suggestion of a JustGiving page, Caroline, to re-raise the money, so if you can set one up I will pledge a £20 donation and I’ll pimp it round the Internet for all I’m worth. If, for some reason, you don’t want to do that, I’ll send One In Four a cheque. Caroline’s commenters, feel free to join in!

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Caroline Smailes September 16, 2009 at 1:16 pm

You have been such a fantastic support for me and this project - thank you!

I think your idea is a fabulous one and one that could work. I have just received a phone call from someone who may help and I would like to see if I can make that work. If I can, then I think it’ll be easier to raise more money/awareness for the charity. Give me a couple of weeks and if that doesn’t happen… then we’ll start a JustGiving campaign. I promise that I am not going to let this just go away and, if anything, your comment has confirmed that I made the right decision in writing this blog post.

x

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Caroline Smailes September 16, 2009 at 1:08 pm

Chas N-B - thanks honey. That means a lot.

Jamieson Wolf - so glad that you enjoyed DA! It was a pleasure to write.

@pennynash - I’m looking at a number of options and I’ve just received a phone call from someone who might be able to help me… fingers crossed.

Keris - thank you!

Juxtabook - I know, but I really do feel that I’ve let the charity down.

Nik - maybe he’ll get in touch and make it better. Is it wrong to hope?

Helen M Hunt - but the charity really needed those funds and their name was used in the promoting of the book. It’s rubbish.

Emily - ‘Sometimes people are unbelievable’ - I say this too often! But, thanksfully, there are a lot of really good people out there too.

Darren Jones - I used to find it so hard to trust anyone. Now I am quite open and I refuse to change who I am. I guess we learn and we rethink…

xxx

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Stray September 16, 2009 at 1:21 pm

Hey Cas,

if the money owed is less than 5k then you can pursue it through the small claims court, which really isn’t that costly at all.

Often people who’ve otherwise been elusive cough up when they see that you’re getting serious.

I took a client to court for non payment fairly recently. It was a bit of a pain but I did get all my money in the end. They paid out of court once they’d realised that I was actually going to go through with it. It was the first time it has happened, and I’d thought that lack of formal contracts and so on would be a problem, but provided you’ve got sufficient email content that outlines the arrangement, it shouldn’t be too hard.

There’s no way One In Four would pursue you - neither will they be cross with you, just indignant along side you that people can be such twats.

Don’t be shy Cas - you can name the person / publisher involved. Though of course we all know anyway because the publisher of the book is a matter of public record.

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Caroline Smailes September 16, 2009 at 2:33 pm

Hi honey,

I’ve taken lots and lots of legal advice before publishing this post - which is why the publisher is not mentioned. It is about protecting me, rather than him - but yes, it isn’t hard to find out who he is. Also I’ve armed myself with the whole history of the email contact, details of other people’s findings, The Society of Author’s advice… and so much more, when approaching legal advice and yes, small claims is a possibility. But, the advice given (after they’d looked into the case/evidence etc) was that I still may only get the money with minimum payments. I am going to look at it all again, with renewed and fresh eyes.

I know how lovely One in Four are, it was the legal person who warned me of that possible outcome. It all got a bit too much for me and I’ve had to step back for a couple of weeks. I am ready now to move it all forward again.

Cas x

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Stray September 16, 2009 at 2:46 pm

Silly lawyers for saying that to you!

In my experience lawyers always say:

1) YOU might get in trouble (and thus need my help)

and

2) You probably won’t get what you want (so don’t be cross with me if you don’t).

Arse. Covering.

What they don’t take into account is that unless they really, really don’t have it, most small claims cases are paid without ever going to court. There’s an arbitration service as well. Blah blah. I’m sure they’ve told you all of this, but my advice would be that you just have to make yourself enough of a nuisance to him that they guy feels that he’d prefer to pay you than not pay you. Unless he’s under a bankruptcy order - which I’m sure you’d know about as you’d be listed as a creditor.

I found the whole process horrible, and there were lots of times when I wondered if it was worth the psychological effort, but my god, when I got paid the whole thing felt VERY worthwhile. Not even because of the money, but because justice had been done. I don’t like things to be unfair. You don’t either. I imagine that you’ll end up chasing him simply because if you don’t you’ll feel cross about it forever.

Grrr. Grrrrr.

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Caroline Smailes September 16, 2009 at 3:14 pm

“I imagine that you’ll end up chasing him simply because if you don’t you’ll feel cross about it forever.”… you know me so well. Now that it’s out in the open and not making my head hurt, you know that I’ll not let it lie. x

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Emily Powell September 16, 2009 at 1:37 pm

Believe me, I know only too well the lengths some people will go to to avoid financial responsibility (I (hink you know what I mean.) I am frightened to blog about it but you have done the right thing here as a (very worthy) charity and hundreds of readers are affected. I agree with Just Giving plan. Also think publisher should come forward and say sorry: we’ve all been hit hard by the recession but he could have at least responded and confessed. THis will affect his reputation terribly should he wish to emmbark on future publlishing ventures.

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Emily Powell September 16, 2009 at 1:38 pm

Ps I can type / spell but not on a bloody blackberry! X

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Kate Lord Brown September 16, 2009 at 1:55 pm

Good for you - not your fault at all as you acted in a very generous, philanthropic way. x

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liz September 16, 2009 at 2:10 pm

You need to remember that you took a huge positive step and reached out to help where many people would not. What has happened is no way your fault. SEnding you hugs and I would be happy to spread the word….
lx

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JJ Beattie September 16, 2009 at 2:15 pm

Oh Caroline, I’m so sorry for you but please don’t beat yourself up… I like Queenie’s idea. I didn’t buy a book but I will HAPPILY donate money if you can organise a giving-pledgy-thing (I think that’s the technical term) on your sidebar! JJxxx

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Caroline R September 16, 2009 at 2:28 pm

Oh, what a horrible situation - so sorry to hear this. I would thoroughly support the Just Giving idea too.

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Emma September 16, 2009 at 2:40 pm

I’m so sorry to hear about this, it’s awful that such a kind and selfless act should end up this way.

I too would support the pledge idea.

Emma

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Caroline Smailes September 16, 2009 at 2:42 pm

Emily Powell - the thing is that I know this will affect his reputation terribly and believe me I really have struggled to write this post. There are so many others in the same situation as me, with money being owed to them, but no one is speaking out. I felt cowardly, not wanting to be the one to speak first. But I couldn’t not, I feel so strongly about the charity and DA. That doesn’t mean I wish him ill, not at all. I just wish that him or his partner, who I also emailed, had replied before losing their email addresses.

Kate Lord Brown - thank you!

liz - I’m afraid I have a personality that tends to focus on the negative, it’s all got to me.

JJ Beattie - thank you! I really am hoping to figure out a plan to sort all of this out. All support will be very welcomed!

Caroline R - that means a lot. Thank you x

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Beth September 16, 2009 at 4:16 pm

Ahem.
Nothing to see here. Move along folks.
*cough*

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DJ Kirkby September 16, 2009 at 5:17 pm

We’ve discussed this at length. You’ve heard all I have to say. I’ve taken my own action. I too am disillusioned. I in 4 must know that you are a good person who wouldn’t rip them off. Don’t beat yourself up over this any longer. Please. x

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Tania Hershman September 16, 2009 at 5:18 pm

I have no words, this is an appalling situation. But, as everyone else said, not your fault in the slightest. I can’t believe the publisher behaved like this, it’s bad enough for an author, but when the royalties were for charity? I’m deeply shocked.

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Lauri September 16, 2009 at 6:21 pm

Publishing in so many ways is all about trust. What a scumbag this lot is! Caroline, so sorry you have to go through this. I can offer no advice as I know nothing about the legal system there. Here I would hunt him down mercilessly and then beat him up and feed him to lions. (not really… mostly)
As others have said- you have done nothing wrong.

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Sue Guiney September 16, 2009 at 7:02 pm

There is nothing I can really add here. We have had our private discussions and I feel as upset and let down as the rest. But I will say I’d be happy to take part in your JustGiving campaign, if that is how you decide to go forward. And please, do know this is not your, or any of our, faults. xo

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Debs carr September 16, 2009 at 7:31 pm

You can’t blame yourself for something others chose to do. You had the very best of intentions, and shouldn’t feel badly that others have done something so despicable.

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trousers September 16, 2009 at 7:43 pm

I haven’t read the other comments yet but I wanted to say my piece before I do.

Firstly I’m glad you posted this because from time to time I have been wondering what happened with this whole situation. I’m sorry that nothing, as such, has actually happened, despite your best efforts. I remember how frustrating it was at the time, the difficulties in finding out whether I was going to get a copy, the uncertainties as to whether the people in question had received my order and payment and so on - so, really, your own frustrations and difficulties must have been many, many times multiplied compared to my own experience.

Yes I can imagine it has been eating away at you since then.

None of this is a reflection on you though, you set out to do a good thing, and it’s not down to you that someone in the process has not delivered their own part of the deal for whatever reason. None of which diminishes your frustration and the rest, but it needs to be said that while you may feel responsible for this, then it’s clear that you yourself have not aimed to mislead anyone or let them down, and nor have you.

I know you want a better outcome, and to be able to deliver on your original intention - but even though that hasn’t been able to happen (again, through no fault of yours) as yet, then I would have thought that you’ve at least been able to raise awareness of One in Four through the sale of DA and the resultant exposure on yours and others’ blogs.

Lastly, I don’t know what else you can do in this situation - perhaps others have already offered sound advice - but email me with details and I will send a cheque matching my original payment, either directly to One in Four or to yourself to pass on to them. I will feel happier knowing that they will have received the money due to them.

Lastly + 1, hugs xxx

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Caroline Smailes September 16, 2009 at 8:03 pm

Beth - I will find a solution/am formulating a plan, so maybe hold off all donations just for now…

DJ Kirkby - I know you know that I know that you know etc etc etc. Hugs to you honey x

Tania Hershman - in all honesty, if the money owed was mine, maybe this post would never have happened.

Lauri - I honestly don’t know what to say. I really hope that he does the right thing and contacts all of the people who are owed money. Maybe he’ll come back and start publishing again and this will all be brushed aside, maybe he has a perfect excuse, maybe I’ll be seen as the bad guy… maybe I should never have posted this blog. I really can’t believe that he’s behaved this way intentionally.

Sue Guiney - so many upset and let down people. Maybe he’ll come back and sort it all out. I guess we can hope. For me, this post is about moving forward and sorting out this mess for the sake of One in Four.

Debs carr - thank you. I do blame myself and I also feel full of guilt for writing this post. The publisher was someone I once considered to be a friend… it makes the hurt more painful.

trousers - I do think I have a solution. After posting this, I received a phone call today that could change everything and give me another shot at trying to raise some funds for 1in4. I promise to blog it when it has been agreed and if it’s possible. Maybe blogging today was the best thing to do - by talking about it, I can see my options more clearly and awareness has again been raised. You know my frustrations from last year. You also know what I’m like when I get a bee in my bonnet… please just nod and support me until I get this all sorted out.

xxx

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trousers September 16, 2009 at 8:15 pm

*nods*

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Sheenagh Pugh November 19, 2009 at 5:57 pm

“Maybe he’ll come back and start publishing again and this will all be brushed aside”

Too late. Whatever his problems he has acted like a total coward by burying his head in the sand and has hurt a lot of people. I know who he is because many of my friends are among them. I’m a bit baffled that legal bods advise not naming him; you can’t get into trouble for telling the truth about someone, surely?

Many sympathies and I’m sure no one thinks the worse of you.

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Ian September 16, 2009 at 10:47 pm

Sorry to hear about this, Caroline - but it sounds (from your Twitter stream) like a solution might be on the horizon. Fingers crossed!

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sheepish September 17, 2009 at 8:57 am

Hope you are feeling better for getting this into the open. You can see how much support you have. Good luck with whatever steps you take.

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Caroline Smailes September 17, 2009 at 10:43 am

Ian - I hope so. I can’t let the charity down.

sheepish - I do feel better it’s out in the open. I’ve been worrying so much about it all.

xxx

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Katina Wright September 17, 2009 at 7:28 pm

How awful. I feel so sorry for you. There’s nothing you could’ve done. It’s just a shame that some people are not what they seem.
Thinking of you
Kat X

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Daisy-Winifred September 18, 2009 at 6:18 am

So glad you’ve gone public with this, it can be quite amazing how dark clouds lift when one names them:0)
No guilt on your side AT ALL, you know what I’ve thought from the beginning of his word unravelling and turning to mush, that hasn’t changed except to say don’t take everything on yourself if you go down the route of replacing the raised funds from DA in an alternative way. You have a lot of supporters that can help run the ‘campaign’, let them! :0)
As a purchaser of DA’s I still feel happy to have received signed copies and to have had the same intent as you my dear to support a charity. Buying a virtual virtual book would be a fine present to buy for the charity for Christmas this year :0)
I know you won’t let this go until your original intent is fulfilled but do take care of you too eh.

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Carol September 18, 2009 at 9:03 am

1 in 4 already know that you keep your word. You delivered on the money raised from the downloads of DA so they KNOW that the current problems are not of your making!!

Shame on the publishers!!

I will happily donate if you get up the Just Giving thingy

C x

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Rachel Green September 18, 2009 at 10:09 am

You did the best you could, with honour.

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mrkchmbrs September 18, 2009 at 11:32 am

Oh dear.
This sucks.

Hope something can be done to get the money off them.

Good luck and shout if there is anything I/we can do as a group to help.
Letter writing, email campaign, smashing windows, you know, that kind of thing.
:)

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Tam September 18, 2009 at 8:46 pm

Big hugs, hun. Do not blame yourself.

xx

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Caroline Smailes September 21, 2009 at 11:59 am

Katina Wright - thank you!

Daisy-Winifred - you are and have been a huge support - thank you!

Carol - thanks honey.

Rachel Green - thank you!

mrkchmbrs - thanks for making me smile :)

Tam - thanks honey.

xxx

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Lilian September 23, 2009 at 4:51 am

Hi there, I found your blog via another blog. Just adding my sympathies to the rest of the people here. Hope you’ve managed to find a viable solution by the time I comment here! =)

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Josa November 19, 2009 at 11:38 am

Could the charity take them through the small claims court? that is a quick and simple way of recovering money. I am sorry this happened to you.

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Donna January 7, 2012 at 1:44 pm

Hi Caroline, I can’t believe what I have just read. It is very disturbing how this publisher has taken from people in much need to benefit his own pocket. I totally believe in karma in any situation like this and I like to believe that what he has done keeps him awake at night with guilt. On a positive note, you have your fans and followers and people who believe in your goodness and will support you through your novels and charity work. I like your idea for the 100 word story and I hope it brings much money for One in Four. I think this is a very good way to support your charities in future. Best Wishes. Donna.

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