Sedgeband Literary Associates

MaryQ, listen to Ann. She knows what she's doing. She's a very wise woman and we're lucky to have her here.

Over the weekend I sent out several emails & faxes to editors/publsihers that were supposed to have reviewed my work. I recieved a response today from Kate Duffy at Kensington. The submission of my third book took place in Sept or Oct of 2006.

Her reply was, "We have no record of receiving it. In any case, it is not here now, nor do we have a copy of a rejection letter."

I sent an email out to my agent last week requesting copies of all corespondance w/ editors & reject letters for 2006. I have none. The last one I ever received was for Dec. 2005. I've written up my letter requesting termination of my contract. (This sucks.)

I don't think I can afford a lawer. Elaine English has offered but I don't think I can cough up her fee, even if it's discounted because I'm in RWA. Is there any other watchdog group out there that can go after Sedgeband?

I have a cold on top of all this and Thursday is my 40th B-Day. *sigh*
I need a nap.

My suggestion? Write to Sedgeband and tell them they have a choice. Either cough up the money or the responses from all of the submissions they claimed to make. If you don't get one of the two, you'll turn over your evidence, including responses from those publishers informing you that they never received any submissions for your work, to the authorities for prosecution.

By the way, there are attorneys who will do pro bono work for writers. Do a web search on "volunteer lawyers literary" and you should find a bunch.

I received another email. This time from Harlequin. They did not receive a submission of my work either. But the editor did request to view my work!!! I goes out in tomorrow's mail!!!

It just kills me that I've been paying Sedgeband for a long time and I'm finding out the submissions from 2006 never happened. Grrrr...

I sent out my letter of termination via certified mail. I mentioned that if she doesn't do what I've requested in the time alotted, I will take legal action.

MaryQ said:

I have a cold on top of all this and Thursday is my 40th B-Day. *sigh*
I need a nap.

Click to expand...

Happy birthday! Remember that you're among friends, that we're rooting for you, that you aren't being scammed any more, and that Life Begins at 40.
You have a fresh start ahead, and Harlequin wants to see your mss. There's one birthday present. I hope you get another--restitution from Sedgeband.
-Barbara (well over 40, and it's true)

MaryQ, would you contact Writer Beware at [email protected] ? It'd be very helpful for our files on Sedgeband to have copies of any documentation you have--correspondence, contracts, invoices, etc. All information shared with Writer Beware is held in confidence. Thanks.

- Victoria

Here's the latest update w/ my battle of the agent. I sent a termination letter on Feb. 27 to Sedgeband via Certified Mail. I tracked it. It was delivered but nobody signed so it came back. I emailed Ginger Norton. Her response was basically they don't accept mail that has to be signed for because if nobody is there to sign for it, they don't want to have to stand in line for two hours at the post office to get it.

So I sent out another letter in March. They receieve it. This is the response I received, via email. (My comments are in red.)
Ms. Quast,

We received your termination letter today. This email constitutes our formal
reply.

Article XL: your contract renews if we do not receive a 30-day termination
notice in writing, and as such your contract was automatically renewed, as
you did not give any indication of wishing to terminate Article XIL was kept
in force. We will consider the letter today to be your 30-day notice and
will terminate your contract on April 15, 2007. (I looked closely at my contract - it does not state this. However I did find a note attached to an email about changes at the agency and this was listed. But I am not supposed to sign all changes made to my contract?)
All invoices must be paid in full, including the last one sent on March 6, 2007 and the previous invoice that has not been paid, plus any late charges.

(I'm not sure if I should send the money, since I've received varification from three publishers - including the one who should have my work currently - all said they never received a submission.)

As stated in the contract Article XL: we will return to you those items such
as cd 's and or floppies as per the contract, as well as any photo that you
may have submitted. All material generated by the agency for submission
purposes remains the property of the agency as stated in the Author/Agent
Contract. As for communications between the agency and any publishers, there is no law that binds the agency to provide this information to you at any time.

(I know it's not a law but take a look at #4 in the AAR Cannon of Ethics.)
However, you will receive a final submissions report, with any
paperwork that may have been received by this agency when the reports are
generated in June. All submissions still pending will be forwarded to you as
and when it becomes available.

(I haven't received any information on submissions, other than bills/invoices since Dec. 2005.)
Your threat of legal action is baffling to say the least, as there has never
been any hold on your ability to terminate your contract whenever you
wished. We are under no legal obligation, nor have we faulted under any
legal terms agreed to that could constitute any form of legal action on your
part against this agency.

(How about charging me $50 a month for a submissions fee and not actually submitting my work at least three times?)
Sincerely,

Ginger Norton
Sedgeband Literary Associates, Inc.

My question is should I respond? Should I tell her that I have proof that my work was never submitted? Should I mention that it is unethical to charge a client? Hmm...

A few months ago I got an email bacl from them about my first book. They were the only ones interested... I sent the whole ms via email and never heard from them again.

I was pretty sure it was a scam, but whatever, a guy needs a win now and again.

I've responded privately to Mary, giving her some suggestions. She should NOT pay, btw.

-Ann C. Crispin
Chair, Writer Beware
www.writerbeware.com

I'd like to thank Ann and everybody else for their help and support in this situation. It's an awful feeling. I worked hard on my novels and it kills me that I've wasted 3 years w/ this agency. Please spread the word on all other blogs & forums you visit! I've even advised writers on my website to visit Writers Beware, Preditors & Editors before making any decisions regarding an agent. I wish I would have back in late 2003, early 2004!

On the flip side tho... I have personaly been asked to turn in my manuscript to Harlequin and Kensington. The editors have been very helpful and understanding.

Thanks again to all.