Publishing Firm Contract Breach

Summary

The user alleges a publishing firm in Virginia failed to deliver services paid for, including book printing and Amazon KDP account access. The user paid $3500 to the firm and has communication records and payment receipts as evidence. The user has tried to contact the firm but received no response. The user is advised to consider filing a complaint with the Virginia Department of Consumer Affairs or pursuing a case in small claims court.

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Virginia
What specific agreement did you have with the publishing firm regarding the delivery of your books?
Nothing specific. I sent the money to the firm to order the books since they’re the owners of the KDP account. KDP states that the book order got cancelled because the funds were not in the account.
Did you have a written contract with the publishing firm? In Virginia, verbal contracts can be enforceable but written contracts provide more legal protection.
No, the publishing firm is own by an individual who sent me an invoice for the services. I never received the services that were to be provided to me based on the invoice.
Did you communicate with the publishing firm about the issue and what was their response? In Virginia, you may be able to file a complaint with the Department of Consumer Affairs.
They’re now non responsive.
Did you keep any record of your communications with the publishing firm?

In Virginia, evidence of communication can be crucial in legal disputes.
I have all communication. Emails and text messages.
What was the content of these communications? In Virginia, these could be used as evidence in a small claims court.
The work that was suppose to be provided. Dates of delivery of books, invoice for services that were to be received.
Did you pay the invoice and do you have proof of payment? In Virginia, proof of payment can be used as evidence in a small claims court.
yes
What was the method of payment you used to pay the invoice?
Digital transfer like cash app
Do you have a record of the digital transfer from your cash app to the publishing firm? In Virginia, this could serve as evidence of payment in a small claims court.
yes.
What is the name and location of the publishing firm? This information can be useful in filing a complaint or a lawsuit.
Hands On Publishing
What is the exact amount you paid to Hands On Publishing and do you have a receipt or any proof of this transaction?
*,*
What is the location of Hands On Publishing?
South Hill, Virginia
What was the date of the transaction? This is important as Virginia has a statute of limitations for filing a lawsuit for breach of contract.
June *, *
What is the nature of the services that were supposed to be provided by Hands On Publishing as per the invoice?
Typesetting, copywriting, ISBN, editing, cover design, upload to Amazon and trademarking.
Did you receive any of the services listed in the invoice from Hands On Publishing?

In Virginia, breach of contract can be pursued in small claims court for amounts up to $*,*.
Only the ISBN
What actions have you taken so far regarding this issue with Hands On Publishing?
Nothing yet
What is the reason for not taking any action yet? In Virginia, you can file a complaint with the Department of Consumer Affairs or consider small claims court for amounts up to $*,*.
Making sure I have the write information to proceed.
What is the ISBN number that you received from Hands On Publishing?
‎*-*
What is the status of your book on Amazon KDP? Is it still listed or has it been removed?
I don’t know because I don’t have access to it.
Have you tried contacting Amazon KDP directly about this issue? They might be able to provide some assistance or information.
Yes, they said because I’m not the owner of the account they can’t provide me with much information but they did let me know why my books were not delivered on said date
What was the reason given by Amazon KDP for the non-delivery of your books?
No funds in account to complete order
What steps have you taken to resolve this issue with the publishing firm?

In Virginia, you can file a complaint with the Department of Consumer Affairs or consider small claims court for amounts up to $*,*.
I’ve called, emailed, and texted. No response.
Have you considered filing a complaint with the Virginia Department of Consumer Affairs or pursuing a case in small claims court?
I would like to.
What is the name of the individual who owns the publishing firm? This information can be useful when filing a complaint or a lawsuit.
Barksdale
What is the full name of the individual who owns Hands On Publishing?
Gloria Barksdale
What is the exact address of Hands On Publishing in South Hill, Virginia?
PO Box *, South Hill, VA
What is the exact date you last communicated with Gloria Barksdale or Hands On Publishing? This is important as it can affect the statute of limitations for your case.
July *, * with no response.
What was the content of your last communication with Gloria Barksdale or Hands On Publishing?
the books and services of transferring me my book from her KDP account.
That’s all.
What was the response from Gloria Barksdale or Hands On Publishing to your last communication?

In Virginia, you can file a complaint with the Department of Consumer Affairs or consider small claims court for amounts up to $*,*.
That she would transfer me my book but she never did.
.
What is the title of your book?
On the Other Hand
What is the status of your book "On the Other Hand" on Amazon KDP currently?
I don’t know.
.
What is the current status of your book "On the Other Hand" on Amazon?
I don’t know
Have you considered contacting a lawyer to help you navigate this issue?
Yes.
What was the response from Amazon KDP when you contacted them about the status of your book "On the Other Hand"?
It’s active and people have purchased books but I don’t have access to the money or know how much I’ve made because it’s their KDP account.
What steps have you taken to get the ownership of the KDP account transferred to you?
I’ve contacted her to start a transfer of the book as advised by KDP. No response from her.
What was the last date you contacted Gloria Barksdale for the transfer of the KDP account?
July, * and * no response.
What was the response from Amazon KDP when you asked them about the process of transferring the ownership of the KDP account?
They said I need to ask her because there’s nothing they can do.
Have you considered filing a complaint with the Virginia Department of Consumer Affairs regarding this issue?
I will.
What is the exact amount of money you believe you have lost due to this issue?

In Virginia, you can file a complaint with the Department of Consumer Affairs or consider small claims court for amounts up to $*,*.
*
What steps have you taken to recover your lost funds?
I have tried to contact Barksdale with no response.
Have you considered filing a lawsuit in small claims court in Virginia? The limit is $*,* and you can use your communication records and proof of payment as evidence.
I will.
What is the exact amount you paid to Hands On Publishing and do you have a receipt or any proof of this transaction?

- In Virginia, proof of payment can be used as evidence in a small claims court.
- Virginia Small Claims Court: General District Court, * Courthouse Rd, Chesterfield, VA *, Phone: (*) *-*.
*
What is the nature of the proof you have for this transaction?
web receipts of paid transactions
What is the date on the web receipts of the paid transactions?
various dates