cudedesign

Thanks for the response. To clarify I am not taking the design agency to court to reclaim my 50% deposit, they want to take me to court for the remaining 50% which would be due once the work is completed.

Hi, I run a web design agency and we recently outsourced some design work to another agency. To start work I paid 50% of the total fee. It was a relatively straight forward job but it seemed to drag on a lot longer than expected. Several times I made it known I was not 100% convinced by the process or work. After 4 weeks and very little work being done I requested we cancel the job and receive a partial refund. The design agency refused and I had no choice to persevere with the process. Three days before the deadline we began to receive the work however items were missing and not done correctly. 9 days after the deadline and receiving amendments which were still not 100% correct I decided to cancel the job. I will not be using any of the work. I have explained my issues with the work and pointed out why the job is incomplete. The agency are now threatening legal action if I do not pay. There is no contract and I will not be using the work. I have tried to negotiate and reason with them but I have had no joy. How should I move forwards? Anyone else been in a similar position? How would this be handled in court as I am unhappy with the quality of work. All advice welcome! Thanks in advance.

Thanks for the reply. The website is complete and we are signing off today and this system has only been mentioned yesterday so I have made it clear there will be a charge. Any one know a rough ball park figure for such work or someone competent to do it?

Hi Guys, We are just finishing up a Prestashop website when our client has asked how they will be managing stock control other than using Prestashop's normal system. They have now signed up to use Epos Now HQ, anyone have any ideas how/if this can be integrated? Or what is the purpose of it? We have never spoken about this integration however the company have sold it to our client and has told them we will know what to do with it.

Quick update: Have not been able to get hold of the client however their solicitor has agreed to that they will be paying £100 p/w until the total amount has been cleared. First payment to be paid on Monday so fingers crossed!

Thanks Fuzzy. I have written to them now stating I can charge them a late payment fee etc and have now suspended the account. I am the client will now get in touch. The client seems to think they can take me to court for loss of earnings while the website is down which I think is ridiculous.

Hello, Thanks for the responses, I was away last week and thought I was getting somewhere with the client. The deadline to make payment was 5pm 21st October and at 4pm I received an email stating that they believe I am owed £100 but as a good will gesture would pay £400. - They also tried telling me they had made a payment earlier on in the year but having requested a date to check they are unable to tell me. Again they cannot provide a reason why they will not pay the outstanding amount. On the 22nd I spoke to the accountant and he asked what figure would I be happy to settle at and I offered two options: Option One: 50% payment and they gain access to their website etc. Once the remaining 50% is paid they will gain access to their second website. Option Two: £100 reduction from the total fee if the total amount is paid immediately. Having spoken to the account 3 times since then he has been unable to speak with the client but says he is aware of the offer I have made. I really don't want to suspend the website but have been left with no choice when they seem incapable of communicating.

Thanks for the advice! The account was originally suspended and we then agreed 50% and the website would go live while we discuss the remaining 50%. We traded a few emails where they demanded access details but would not tell me why they would not pay the remaining amount. Last Tuesday I gave them 7 days to provide a valid reason or pay, if they do not pay I said their account would be suspended again.

Thanks again, really good advice. I gave them 7 days to resolve the matter last Tuesday so if they still don't make a payment I shall be left with no other choice to suspend their account.

So far they have not provided a reason why they are witholding payment, I have asked them nearly 10 times now. After paying 50% they requested information regarding SEO for two months which we sent straight away. They now say they want me to go to their office to explain what it all means. I have asked them to email any questions and I can explain but their answer is always the same 'we need a meeting, tell me when you will be in'. Basically he is pissed off he is not in control of this situation. From our conversation on Friday it is clear he just wants to meet me and have a go, I had to end the phone call as he become abusive.

That is a very good analogy! What is a suitable amount to charge for interest? Do you charge a % per month? Thanks for your very good advice!

Thanks for your replies. I am pretty ok with going to court etc however my concern is what steps I take from here. The website has been fully paid for however the client owes money for the SEO work which we carried out. Am I in my right to refuse them access to the backend of the website? As they are refusing to pay me am I in my right to suspend their account? Currently they owe for 2 months SEO on their website and they have not paid for their domain name.

Thank you for your good advice. I am of the same thought that I should not give them any access till their account is cleared. Should I still suspend their account and put their websites offline? I really do not believe a meeting will solve this matter. Firstly it will cost me £££ to get there, secondly he only wants a meeting because he is pissed off that he is in this situation. I have asked multiple times: why is the payment being withheld (no answer) and what is the subject matter of the meeting (to explain what SEO work had been carried).

Hi Guys, I did post this is a different area of the forum but I think this is a more appropriate place. I am currently having an issue with a client in which we are owed for several different jobs. As it stands we are owed for business card design, 2 months SEO, domain renewal and 34% of a final fee for a project. We have sent plenty of reminders and were promised 50% of the payment about 5 times but never received it. I became suspicious when the client had their IT guy ask me what we had access too, then he told me they were moving offices and finally said he had trouble paying because they had been knocked on a job. After waiting 2/3 months we notified them that their account would be suspended.....still no response. As a last resort we suspended their account. Once the client realised their website had been suspended he accused us of blackmail. -------------------------------------------------------- After a few days I suggested that they make a payment of 50%, we would reactivated the account and we can discuss the remaining 50%. They agreed and that part went smoothly. -------------------------------------------------------- Currently they want access to the backend of their website (which they have paid for but owe us for the 2 months SEO), access to the domain name (part of the outstanding invoice). Of course once they have access they will move the website and knock me for the remaining amount. I have informed them that we cannot give them access till we have come to an agreement. -------------------------------------------------------- 2 weeks later they still have not provided me with a reason why they will not pay. They even acknowledge they are not denying they owe me it, however they want a meeting. The client rang me yesterday and the message of the phone call was basically 'I want a meeting to see if you will talk to me like you do in your emails. If you do you can have your money'. No good can come out of having a meeting as there is nothing to discuss. He accepts he owes the money but will not pay unless I meet him in person, which is hard, because as he know, I am not located in the UK. He is now threatning me with court action! -------------------------------------------------------- So what do I do? Is it ok for me to deny him access to his website even though he has paid for it but his account is in arrears? Can I still suspend his account? Any good advice would be great!

There is no contract.

Hi guys, I am having some issues with a client and would appreciate some good advice as to where to go from here. We have been working on several projects with this client however in July they began to drop further into arrears with their account. In August we asked them to settle their account as their was an invoice since April and they had failed to make payments several times. This led to several reminders and several times they promised to pay only for them to not make any payment. Finally I had no choice but to suspend the account. This is normally enough to quicken the payment up however they accused me of blackmail! After receiving some good advice I offered to unsuspended the account if we received 50% of the payment and we could discuss what their issue is with payment. They soon demanded that they had full access to the website which we have denied. The problem is they owe a large proportion of the fee for SEO and for a different project. I also provide them hosting and have control of their domain name which is part of this outstanding fee. I have asked why they are withholding the remaining 50% however they say they have no issue paying it but want to do it in person. I live in Spain and they are in the UK so it is not suitable for me to go there to collect the money nor do I believe they want to be my friends when I arrive. What do I do? Option 1.) Suspend all their accounts until full payment is made. Option 2.) Give them 24 hours notice that we are cancelling their hosting and give them their website (this is fully paid for however the SEO work is outstanding and domain fee). Option 3.) Keep their website live and then open a small claims court? Any suggestions would be appreciated!

Really good advice Fuzzy. He is denying that he has signed off the designs and I have put him straight with the contract and my t+c's. His reply below: Got a hard situation here.

Unfortunately that is often the case.

Unfortunately I do not think they care much for the business any more and will skip the country. I just received an email and he says he has never signed off a design which is unbelievable. Having started this job at the beginning of July it would be ridiculous for us now to design the website on a new website he has spotted which he likes. It has no resemblance to the current website. I accept colour changes etc but he wants a completely different website!

Thanks for your replies. I take 33% to begin work and then ask for another 33% once the design has been agreed. The client made the second payment to confirm the design 5/6 weeks ago now so it came as a shock to me when he told me he is disappointed with the website, it looked exactly like the design. He is still emailing me with further changes so in one way that is a good sign I suppose.

Hi, I am looking for some advice for a predicament I am currently in. I am reaching the signing off of a project however there are a few issues which I have been made aware of by one of the employees. The client is becoming increasingly awkward. The design has been agreed and the website has been developed however the client has found new websites they like and would like us to change the complete design. I have informed the client that this is not possible as they signed off the design 6 weeks ago and development is 99.9% done. My client is not English so a lot of the time I have been dealing with his manager. I spoke to the manager today and the current situation is: - The client has said he is willing to shut his shop and go back home. (He comes from Asia). - They have already had bailiffs round due to non payment of bills. - The manager is looking to quit. - The client recently removed his car from a garage without paying as he did not agree with their work. - He has not taken any pictures of his 800 products nor has he written any content for the website. - The manager said expect the worse regarding payment. He currently owes 34% and in normal circumstances this is not a problem however I am concerned I am going to get stung. The website is now complete but how do I go on from here? He is demanding that it looks like these websites he has found this week and is not paying anyone. How is it best to handle this situation? Thanks in advance!!

I am a freelance web designer and unfortunately have run into a problem with a client. They do not want to pay my final installment as they are unhappy with the work: £1400 (I have already taken £200.00 for a part of functionality missing so it should be £1600). With this in mind I have told them I will be taking the website down unless they pay me the amount in line with my payment terms. They argue that I am holding the website hostage and are offering £500.00 and a discussion at a later date or the full amount and they will be taking me to the small claims court. I am a sole trader and as of the 1st of October I will be moving to Spain. I do not own a property in the UK either as currently I live at my mums. So what would the procedure be? On a side note, their previous web designer had to take them to court for non payment. Please find below some relevant T+C's which I believe will protect me: 2.) XXXXX reserves the right to revise and amend an initial quote to a customer where needed. 5. E) Once you make final payment you are signing off your project and agreeing that the work has been completed. Any changes requested once final payment has been made will have to be quoted for accordingly. 5. F) Only when final payment has been made do you fully own the website. 5. I) All invoices must be paid within 7 days of them being sent. If payment is not made you may incur a charge or disruption to your service. All your help and advice would be greatly appreciated!!!

I am a freelance web designer and unfortunately have run into a problem with a client. They do not want to pay my final installment as they are unhappy with the work: £1400 (I have already taken £200.00 for a part of functionality missing so it should be £1600). With this in mind I have told them I will be taking the website down unless they pay me the amount in line with my payment terms. They argue that I am holding the website hostage and are offering £500.00 and a discussion at a later date or the full amount and they will be taking me to the small claims court. So what would the procedure be? On a side note, their previous web designer had to take them to court for non payment. Please find below some relevant T+C's which I believe will protect me: 2.) XXXXX reserves the right to revise and amend an initial quote to a customer where needed. 5. E) Once you make final payment you are signing off your project and agreeing that the work has been completed. Any changes requested once final payment has been made will have to be quoted for accordingly. 5. F) Only when final payment has been made do you fully own the website. 5. I) All invoices must be paid within 7 days of them being sent. If payment is not made you may incur a charge or disruption to your service. All your help and advice would be greatly appreciated!!!

Thanks for your messages. I always take 33% upfront, 33% on an agreed milestone and then 34% on completion. In hindsight the job should have been split into separate parts, the website and the CRM. Because they are now disputing the CRM is not done exactly how they would like they say they would like a discussion with me but AFTER the competition as they are too busy. The fact they need the website for the competitions is the only card I am holding. It doesn't look good as the reason they came to me originally was they were fed up with their original web design company and are taking them to a small claims court. And they hadn't paid their final fee either.

Hello, Just looking for a bit of advice really. I took a project on back in May to rebuild and migrate a website and a fellow freelancer was to build a CRM with VTiger. The website was completed back in the beginning of August and my fellow freelancer then begun work on the CRM. The CRM turned out too need a lot more functionality than the average CRM. He told me and the client at one point it was an hour away and then it fell completely flat on its face. Throughout the whole of August I was doing a lot of tasks on the website as the CRM was always 'around the corner' and until it was completed I felt I had to keep the client happy. At this stage I have integrated PauPress which is a CRM and integrated WooCommerce so the main features are there for my client. Unfortunately some of the more complicated features I have been unable to do. I have been absolutely honest and said I do not have the capabilities to deliver their exact requirements nor the funds as it is clear what they want will cost £10,000++ . The main problem is they will be using the website for a sporting event starting this weekend and at the moment they are refusing to make payment until we have had a meeting AFTER the competition. I have given them a discount, I have put in an extra 100 hours and should have been worthy to the full amount and after the competition the website will then be of smaller value to them. I have emailed them over the last four days saying I need to sign it off and for the invoice to be paid but they have replied saying they are too busy with the run up. Awkward situation, mainly in part to being let down.