I work part time for a local web design company performing SEO for some of their web design clients. I have not been paid since December last year and I am owed over £5000. At the same time I owe one of the directors of this web design company £4596 for designing a website for myself. Now the problem is this they have not updated my SEO wages although they owe me money even after accounting for my website costs of £4596 despite the fact I have sent them my invoices. Also the website they created for me is not finished, as I requested various things to be done 3 months ago yet they have not progressed at all since then. Also they have not transferred the website domain name or hosting to me despite the fact I asked for these things to be done last May and various times in between. As a further issue I did create a basic contract with the director to be a business partner with me for joint (50%) ownership of my website and 30% of all profits generated via the website but I terminated this contract in January this year which he accepted. I saw the fact he had no interest in helping me at all and just wanted to take as large a percentage of profits and ownership as possible so terminated the website business partnership.

 

I sent the director an email last Friday explaining my frustrations and asking if the outstanding website tasks could be done this week and threatening small claims court action if not, he replied saying he will sort out timescales early this week for the work to be done but that was his only communication and it was 9 days ago, I’ve heard nothing since and nothing has been done.

 

Ideally I would want back all the money I am owed and he can keep the website himself, although if that can’t happen I just want my website finished a.s.a.p. as it’s losing me money and causing me immense stress. I was fine paying £4596 for the website initially but I am very angry paying this high price now considering the length of time it is taking to complete, add to that the fact I know it is a copied website design from another site and we spent just the 10-15 hours customizing it. I have been given no contract regarding the website, no timescales and no communication on when it is even going to be finished. So I feel like I’ve been ripped off twice with the price and the poor service. I have also phoned him many many times over the course of the last 3 months but he has just palmed me off with stalling tactics again and again.

 

I really cannot afford to go to a small claims court, so I need advice on what would be my best course of action from here? Hopefully you can assist me but if not could you direct me where I may be able to get further help?

 

Also I have all my online correspondents to and from the company within my email account as evidence of the situation I have described above.

I work part time for a local web design company performing SEO for some of their web design clients. I have not been paid since December last year and I am owed over £5000. At the same time I owe one of the directors of this web design company £4596 for designing a website for myself. Now the problem is this they have not updated my SEO wages although they owe me money even after accounting for my website costs of £4596 despite the fact I have sent them my invoices. Also the website they created for me is not finished, as I requested various things to be done 3 months ago yet they have not progressed at all since then. Also they have not transferred the website domain name or hosting to me despite the fact I asked for these things to be done last May and various times in between. As a further issue I did create a basic contract with the director to be a business partner with me for joint (50%) ownership of my website and 30% of all profits generated via the website but I terminated this contract in January this year which he accepted. I saw the fact he had no interest in helping me at all and just wanted to take as large a percentage of profits and ownership as possible so terminated the website business partnership.

 

I sent the director an email last Friday explaining my frustrations and asking if the outstanding website tasks could be done this week and threatening small claims court action if not, he replied saying he will sort out timescales early this week for the work to be done but that was his only communication and it was 9 days ago, I’ve heard nothing since and nothing has been done.

 

Ideally I would want back all the money I am owed and he can keep the website himself, although if that can’t happen I just want my website finished a.s.a.p. as it’s losing me money and causing me immense stress. I was fine paying £4596 for the website initially but I am very angry paying this high price now considering the length of time it is taking to complete, add to that the fact I know it is a copied website design from another site and we spent just the 10-15 hours customizing it. I have been given no contract regarding the website, no timescales and no communication on when it is even going to be finished. So I feel like I’ve been ripped off twice with the price and the poor service. I have also phoned him many many times over the course of the last 3 months but he has just palmed me off with stalling tactics again and again.

 

I really cannot afford to go to a small claims court, so I need advice on what would be my best course of action from here? Hopefully you can assist me but if not could you direct me where I may be able to get further help?

 

Also I have all my online correspondents to and from the company within my email account as evidence of the situation I have described above.

 

Send him a letter from the solicitor... there was a link around here somewhere, I think it was £5...

 

Or just walk away - he owes you £5000, you own him £5000... Tell him to shove it...

Cheers for the reply cavking but I can't walk away with neither the website or the £5000, I need one of them otherwise I've lost £5000. I don't care what one I get either will do.

 

I can send a letter from a solicitor for £5, how do I arrange that then?

I have been given no contract regarding the website, no timescales and no communication on when it is even going to be finished.

 

Did you provide invoices or have a contract in place for the £5000's worth of work you did for them? I'd really hope you would have when that sort of money is involved!

 

If so, there is no way they could get away with not paying you for your work.

 

Without a contract in place for the website, that is on much more difficult grounds if it went to court. But if you can get your £5000's back I don't suppose it would matter TOO much then.

 

I think without a contract in place for the website, your best bet is going after the money they owe you for your work.

 

 

Kyle

 

---edit---

 

Sorry, I just re read and saw that you did provide them with invoices. Did you also have a contract in place?

Yeah I've sent them all the invoices, and I signed an employment contract when I first started performing SEO for them, but that's it.

I signed an employment contract

Did you work for them as an employee or as a freelancer?

If you were working for them as an employee and have an employment contract then contact ACAS, as they will be more than happy to help and will be able to provide you with lots of info and support.

 

If you were a freelancer, then go and speak with a solicitor. Most will provide you with an initial free consultation and should be able to advise you on the best route forward.

I believe the contract was as a freelancer yes, solicitor is maybe the best option but I really can't afford to pay a solicitor the considerable amount I assume they would request after the 1st meeting.

 

With regards to ACAS, I've read speaking to an ombudsman, mediator, citizen's advice, business link or arbitratior relating to internet business would be a good alternative to a solicitor or small claims. Do you guys have any relevant experience of these?

Cheers for the reply cavking but I can't walk away with neither the website or the £5000, I need one of them otherwise I've lost £5000. I don't care what one I get either will do.

 

I can send a letter from a solicitor for £5, how do I arrange that then?

I see what you mean now.

 

This post explains the letter from solicitor stuff...

i could be wrong but small claims court costs like £20...

 

just put it all in writing that they have 14 days to either refund you or give you the website, after 14 days send them another letter with a court date

 

if they do not respond or turn up i think you win automatically

 

could be wrong

 

but as above most legal people give you 1 hour free - from that you can decide if you can do it on your own or if you need legal representative

Websites can cost £5k?

I need to pull my finger out!

 

On a more serious note I hope it works out ok. If you were working for him/them then I'd imaging the fact they owe you a site doesn't come into it. I'd at least speak to a solicitor and get some advice on where to go from there.

This is a good example of why having a solid contract in place is so important.

 

As you've mentioned there is no contract for your website you're going to have to rely on emails and verbal agreements. Go back through your emails and see if there's anything relating to timescales, etc. Basically, anything that would illustrate they haven't kept up there end of the deal.

 

To be honest, if you have no contract and haven't paid any money then he doesn't really owe you much other than wasted time.

 

One other thing I would think about is IP and whether he could legally profit from your website if you just walked away from it.

 

My personal advice would be to treat the two as seperate and determine who owes who first. From what you have said it seems quite clear that he definetely owe you money whereas, without a website, you owe him nothing.

 

I would look at sending him an invoice for the full amount with a deadline of 14 days. If you don't receive anything by the dealine, go to the small claims court.

 

Also, it can be quite helpful to speak with muscle for hire... I mean a bailiff and see what they say. They deal with collecting money all the time so know exactly how to crowbar money out of people, figuratively speaking.

 

The best solution would be to work out an agreement you're both happy with in person.

 

 

 

In times of legal dilemas I turn to these people to point me in the right direction

UK law Q&A.

Great for a quick bit of cheap advice from a professional.

A small claims court can cost up to £150.00, however if you win the case the defendant is left to settle the balance.

A wise man once told me in fewer words...

Lesson #1 - Work with your customers.

Lesson #2 - Work with your sellers.

Lesson #3 - Throw out the trash before it gets smelly.