Children’s Book Author Gets Deposit Back

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From ABC News 11:

Daryll Packer has been waiting patiently for his vision of a children’s book series to become a reality.

He wrote the books several years ago while he was in Afghanistan working.

“We named it Logical Lamar,” he said. “It’s about a little second-grade kid who asks a lot of questions. He asks questions other kids want to ask or are afraid to ask and the book is set up to teach other kids it’s OK to ask.”

. . . .

In 2014, Daryll found Renne Gibbs of Cranberry Quill Publishing to publish his four books.

“She said ‘sure, I can do the books, I can do the books,’ and I was excited. So I wrote the check, here’s your initial deposit.”

Daryll put down $6,394 as a non-refundable deposit. The contract states the books will be ready in 10 months. Daryll says it was tough to get updates on the progress. He said he paid another $3,100 toward the publishing costs, thinking if he paid more to Gibbs, more work would get done.

At the 10-month mark, the books still weren’t done. Daryll’s wife, Pam, said Gibbs told them she was dealing with family health issues.

“Life happens,” Pam said. “So my husband and I talked and said let’s give her more time, because we honestly felt like she was the right one that she could get it done.”

A new contract was signed and because of the delays, Gibbs did refund $3,100 of the $9,000 they paid so far.

. . . .

He said he went to Cranberry Quill Publishing to see Gibbs.

“She just overcame with guilt – ‘I’m sorry, give me another chance,’ ” Darryl recalled.

Daryll gave her some more time, but nearly two years after hiring Gibbs, still no books so Daryll just wanted to part ways with her. However, he wanted the $6,394 non-refundable deposit back, something Gibbs wasn’t willing to return.

“It’s non-refundable when you produce a product, but you didn’t produce a product, so where’s my money?” Darryl asked.

Daryll got in touch with me and I got in touch with Renee Gibbs. She said contractually she doesn’t owe the Packers any money since the deposit is non-refundable. But she added that she wanted to do what is right and fair, and admitted that the communications were not the best they could have been when the project was delayed because of her family crisis.

. . . .

Daryll said he’s happy it’s behind him and that he got his $4,400 back. He is now moving forward with finding a publisher for his books.

Link to the rest at ABC News 11 and thanks to Meryl for the tip.

15 thoughts on “Children’s Book Author Gets Deposit Back”

  1. I have always felt that “non-refundable” is only really enforceable if the party receiving the money lives up to their end of the contract. Otherwise anything is refundable.

  2. this is just the sort of fellow I want to throw a rope harness around to
    protect him from the Jimson weed.

    I keep wondering how good ajob we are doing warning others outside of our own private blogs and places we gather with likekind.

    I wonder if there is a larger broader venue somehow that we could contribute to that might be in what poets and writers mag, or writers digest. I konw I know they take ads from cutthroats. Argh

    • There’s no place to warn these people, USAF, because they either won’t read it, or won’t believe it. I’ve been trying for years to lead newbies to the right way, and I think I’ve succeeded maybe twice. One of them is my brother, who listened when I gave him advice.

      Honestly, I can’t stop snickering. This article is full of so much fail, and it just keeps on. That old saying about a fool and his money is so true.

      • I’ve read more than once of people who know trying to dissuade people who don’t from throwing money away on vanity presses, without success. Even being able to share personal mistakes and experience frequently won’t make a determined someone change their mind or listen.

        But I’ve also read comments, in various places, expressing gratitude for having dodged a bullet, because they did find the right information and did pay attention. So not everyone will listen, but the ones that do know they are better off. It’s definitely worthwhile continuing to discuss this subject. There are always newbies coming along that need it.

        • The last sentence nails it; I consider newbies who are willing to listen the target audience of these types of posts. The horses who die of thirst next to the water trough?
          Not so much.

  3. You would think this experience would have taught the person not to go for the vanity presses. But no. He’s shopping for a new “publisher”.

    You can’t fix stupid.

    • He should look in the mirror. Not just for some soul searching, but because there’s a publisher for his books in there.

    • Everyone always has some family emergency or other, usually at inconvenient times. Vanity presses and similar con artists seem to suffer them at convenient times.

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