I'd be grateful for any advice about the following matter:
A supporter of the hospice where I'm Fundraising Manager wanted to organise an event at a local hotel and she engaged a professional events organiser. No contract was signed. At the end of the evening, the event organiser left with the funds raised with the agreement that he'd pay suppliers and then we'd organise a cheque presentation. That was four months ago;despite letters, phone calls, a letter from our solicitor, a visit from the police and contacting our local paper, we still don't have the money that was raised (approx £700). It's not a criminal matter as there was no contract, and the paper weren't interested in the story.
The supporter is devastated - her father was cared for in the hospice and obviously family and friends gave generously because of that connection. She's adamant that she won't give up until she gets the money to us, but we don't know what else we can do! Does anyone have any ideas?
Event Funds Stolen
Hi, Rachael
I'd question the notion that it's not a criminal matter - it's fraud, and it's in contravention of the Charity Act!
The existence of a contract makes no difference to the criminality or otherwise, though it is, of course, regrettable in not giving the police a big stick to deal with the fraudster.
I would suggest that she puts it to the local plod that a fraud has been perpetrated on the donors who attended the event, and that the fraudster is in breach of the 1993 Charity Act, and see what their reaction is.
If they don't take it up, I'd consider a quiet word with a local journalist, or ask a solicitor about small claims - the lack of a written agreement may be fatal in small claims terms, but a formal letter from a solicitor will often have the desired effect!
However, I would be careful to keep the hospice's name out of it as far as possible - the case belongs to your supporter, and you can give her lots of back-room support, but be very cautious about "Hospice Robbed" style headlines!
***Disclaimer : I'm not a lawyer, and this is not, formally, "legal advice"!***
Cheers
Gerry
Gerry Beldon FInstF
Director, 26-01 CIC
www.26-01.com