| Author |
Message |
    
Kevin Yarbrough
Wandering Member
Post Number:
157
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 11:14 am: |   |
I think this is you , but not sure. Were you the one that had sent PA letters and they told you not to, that to only contact them by email? If so I might have some good news for you.
Article 30 of their contract states...
"Article 30,
"Any written notices required under any of the provisions of this agreement shall be deemed to have been properly served by delivery in person or by the mailing same to the parties hereto at their addresses as of the date set forth above, except as the addresses may be changed by notice in writing, provided, however, that the polices of termination shall be sent by registered mail."
Now if they also will not read your emails then they are in breach of this clause. You have a way out. I got his from a guy at absolutewrite.
"I find their ignorant responses to e-mail and snail mail complaints amusing at the least and laughable for the most part. A simple certified letter sent to them, copy care to the arbitration board (also sent cert. mail) designated in Frederick Md, pointing out that you are contacting them in the manner specified by their contract, will slow down nasty emails from them because at that point they know that the arbitration board is now aware of a potential problem that they will have to deal with. Depending on local laws a copy of the correspondence to both your local DA, the one for Frederick Maryland, and the BBB may be in order. I do find the BBB quite impotent, almost to the point of complete lack in practical use, but they do serve some purpose and will open a probe into the individual complaints until that complaint is resolved. There breech of contract on article 30 should be enough to get your contract voided and your rights returned."
Just might have to do this myself. PA, if you are reading this, then I will not have to go the lawyer route now. As I told you in my last email you are in breach of this clause and you just gave me a way out. Have fun, have a nice day, and a little word of wisdom. If an author is really mad at your company wouldn't it be wise to let them out. An angry author can cause a lot of bad PR for you and drive new authors away.
Kevin |
Claudia Turner VanLydegraf
Mindsight Moderator
Post Number:
1421
Registered: 06-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 01:01 pm: | |
I will try that one again, I already sent them a Cease & Desist Notice letter, re: abuse and breach of contract on several issues in their own contract. But will again try this one. Thanks for the heads up.
They broke their own contract with me the day that they didn't provide any marketing of my book, and several other things. I know it is a totally laughable issue to people who don't have a book under their thumb, as some at absolutewrite don't, and they don't understand how helpless we all feel. They can sit there and know but for the grace of God they aren't there with us, but it is really a sorry thing for us that are still in that quagmire of a company and trying to get released.
As for PA, and them reading this board, I would rather let someone out of a contract if they were unhappy with anything I might be doing than to keep them tied and unhappy. Like you stated Kevin, an unhappy author can do them more damage than they might know. Maybe not right now, but sometime in the future, and always in the back of any conversation is that little lurking thing about who their publisher is and how shitty they have been treated and it always comes up in conversation with anyone.... they should release me and you and everyone else who wants it, simply because it is the right thing to do. There should not even be a question about it, if someone is unhappy, let them go. Wrong is wrong, no matter which way it is held.
Anyway, thanks for the heads up and I will try this again..... but really, since I sent it and they accepted my Certified Letter, and it was a Cease & Desist Notice, the contract is in all ways terminated because a contract is only as good as the people holding it. I released myself with that letter, and they accepted the letter, but denied the release, they can't really do that. I have a right to cancel/release myself from a contract after they have broken it. The fact that they are denying me a release is their problem, not mine, my book is in my hands, I have the copyright, all they have is a their own self-negated contract that is NULL & VOID in any court of law.
Claudia |
Laurel Johnson
Unity Member
Post Number:
3149
Registered: 01-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 01:41 pm: | |
I asked out of my contract more than a year ago. Not because I was mad at PA and had any kind of bone to pick with them, but because of poor sales. My thinking was that with so many new authors coming along in their pipeline, they could cut me loose to make room for others.
I'm just no darn good at marketing myself or my books and I can't afford to buy supplies of my own books anymore. In fact, I was going along feeling a little sorry for PA because of my poor sales -- feeling guilty about my poor sales -- until they dropped one of their best selling authors with consistent sales. Since then I have been confused about the whole thing. If they dropped an author with good sales, but refuse to release an author with poor sales, to me that says book sales are not their focus.
I'd love to ask someone about it but would not have a clue who to ask. |
Perry Comer
Unity Member
Post Number:
1423
Registered: 04-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 02:01 pm: | |
Makes you wonder just what is their focus??
http://www.pacwriter.netfirms.com/ |
Rebecca Easton
Awareness Member
Post Number:
18
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 02:09 pm: | |
The fact is that PA puts together a fine contract (FOR THEM). Legally they have their bases covered, except as mentioned above, according to my attorney. That's why they feel justified in maintaining copywrite material, when they have willingness to promote it. Since then, I've learned they do things illegally. Initially, I didn't see any marketing or promoting promises in the contract. But, then again, that's what lawyers are for!
They are solely in business to make money from friends and family. Think about it like this: (It's a numbers game.) They get "8,000 happy authors" who are SO DARN EXCITED about promoting their books to everyone they know and BOOM! You got 100 people (Per PA Mail out) to potentially purchase this book. You do the math. That's a lot of dough. Especially in my case where the book is 30 bucks! They pay the authors 8% of their cost and the contract states...it's all-legal. (For math let's count it. $30.00 X 100 copies is $3,000.00. Multipy that times 8,000 happy authors and they are making an absolute bundle!)
The only thing that screws PA (please, forgive the slang) is that they go above and beyond stupid! They are not consistent in their dealings, they refuse to behave professionally, they illegally print books they have no legal right to and then they fabricate or manipulate their facts to attract innocent people into their web.
I am not a stupid woman by any stretch of the imagination, but I didn’t do my research. I contacted the BBB, but that was it. Had I known that they refuse to post anything about PA, I would have searched further. I didn’t do that and I paid a heavy price in thousands for that mistake. I continue to loose money due to their abusive business practices.
Another rant...there's no questions to ask once you understand why they are in business...you just look at yourself, pop yourself upside the head and sigh, "Oh, now I get it!"
Becca
http://RebeccaEaston.com
|
Nancy Mehl
Mindsight Moderator
Post Number:
1843
Registered: 08-2001
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 02:16 pm: | |
Hey, guys. Great discussion going on at www.absolutewrite.com. Check out their message board. It's under their "Bewares and Background Check" topic - the "More PA Woes" thread.
"James" has some interesting info about PA's B&N claims.
Claudia, I have found that most people at AbsoluteWrite are very sympathetic to PA authors. There was one guy who was rather obnoxious, but he's been moved to another thread.
BTW - if anyone from PA (employee or former employee) reads this board and has discovered the truth about PA's scams and lies - and if you know why they cut my book loose after all the sales - would you please e-mail me at nancymehlbooks@hotmail.com? I am curious. (And extremely happy about it!) You do not need to give me your name, and you have my word, that I will not divulge anything about your post that would reveal your identity.
I have my suspicions - but I'm sure someone out there knows.
Nancy
www.nancymehlbooks.com
www.myshelf.com |
Kevin Yarbrough
Wandering Member
Post Number:
158
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 03:03 pm: | |
Check out the hash and rehash thread on "take it outside the board" at absolutewrite. I have been in on both that one and the one Nancy mentioned. PA can keep me, I done told them in an email that I didn't care about my book anymore. I told them I will let it rot with them and when the time is up rewrite and move on to another publisher. I have more books to write, so I'm not worried about that.
I can just see one of PA's authors that got away making it really big and PA selling bootleg copies of their earlier works. I wouldn't put it past them.
EBAY
"Be the first to get bestselling author Kevin Yarbrough's very first book. This rare edition is hard to come buy and will be worth a lot. 20 copies used at $19.95. May take 2-3 weeks for delivery. Make check out to Wilhem Meiners."
PA can keep all the unsatisfied writers it wants to, but it is not a smart move. They may think they are above reproach, but they are not. All scams get caught eventually, it is just a matter of time. I still can't wait for the IRS to check the books, that might be interesting.
Kevin |
Nancy Mehl
Mindsight Moderator
Post Number:
1845
Registered: 08-2001
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 04:28 pm: | |
You go, Kevin. I agree!
Nancy
www.nancymehlbooks.com
www.myshelf.com |
Rebecca Easton
Awareness Member
Post Number:
28
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 15, 2004 - 09:03 am: | |
Did ya'll notice that Mr. Meiners has a completely female staff? There are no men in the company. I am just curious how come that is? He has all these women fighting for him, taking his postal mail and shouting about not calling this (They believe - "great man") a jerk! What's up with that?
Becca
http://RebeccaEaston.com
|
Nancy Mehl
Mindsight Moderator
Post Number:
1853
Registered: 08-2001
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 15, 2004 - 01:43 pm: | |
When I signed on, there was a guy who ran things under Meiners. He wasn't there for long.
Does anyone remember his name?
Nancy
www.nancymehlbooks.com
www.myshelf.com |
Gloria Marlow
Unity Member
Post Number:
1021
Registered: 04-2002
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 15, 2004 - 01:54 pm: | |
I actually sent my manuscript to and was accepted by a guy, but I don't remember his name. |
Rebecca Easton
Awareness Member
Post Number:
31
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 15, 2004 - 04:05 pm: | |
M.H.Prather? It's a female.
Becca
http://RebeccaEaston.com
|
Nancy Mehl
Mindsight Moderator
Post Number:
1855
Registered: 08-2001
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 15, 2004 - 05:10 pm: | |
No, not Miranda Prather. This guy was with them back in 2001.
Nancy
www.nancymehlbooks.com
www.myshelf.com |
Rebecca Easton
Awareness Member
Post Number:
32
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 15, 2004 - 05:39 pm: | |
My editor was Claudia Prather. What a joke! LOL.....whew! Sorry. That gives me a laugh every time. Hahahahahahahahhah
Becca
http://RebeccaEaston.com
|
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