Hi there,

 

just after some advice about a situation I'm in with a client. Quite a simple situation really, took on a project for a client, we both signed a contract stating quite specifically what would be done and by what deadlines and the client paid a deposit upon signing the contract.

 

Project was completed well within the deadline stated in the contract, and my client (seemed) happy enough with the result, didn't voice any concerns. After completion, the client said she would struggle to pay by the date specified in the contract, and asked for an extension of roughly a fortnight, which I agreed to. We verbaly agreed this and no ammendment was made to the contract.

 

The new payment deadline was reached, and as you can probably tell, I hadn't received payment. The client also would not reply to e-mails or return phonecalls. This went on for about a week, when I received a text from her stating that the cheque was in the post.

 

I did receive the cheque, but it was for half the amount we agreed upon and she gave no indication in her text that it was not for the full amount. I then e-mailed her thanking her for the cheque and asked when I should expect payment of the remainder of my fee. I have not received any contact from her, and am unable to get hold of her.

 

Basically, I could do with some advice about where I stand and what to do next. I'm guessing this could ultimately be resolved through the small claims court, however I have absolutely no idea how this works. In my head it seems pretty clear cut I'm in the right here, I adhered to my side of the agreement perfectly, which she was more than happy to sign. I'm no legal expert though, I don't want it to get to court, lose and find out I'm respnsible for a big legal bill. Furthermore, in the event I won, who is responsible for my legal costs? I honestly have no idea how this works.

 

At the end of the day though, I'd rather it not go as far as court. This is where I could do with some advice about what action to take. Maybe the threat of court would be enough, but I don't want to threaten to do something unless I'm willing to follow it through, and I'm a bit uneasy about taking her to court for the reasons above. She's obviously having trouble getting the money together, but if she had been more upfront with me about it and actually returned my calls I'd be more sympathetic, we could have come to some arrangement.

 

I've rambled on more than I planned to, but I could really appreciate some advice.

 

Thanks in advance,

 

Tom

Hi there, unfortunately situations like this will arise from time. I've had it happen to me a few times. By the sound of it though your client is just struggling for money at the moment. Do you mind me asking how much is still owed to you. Also how long has it been since a: you completed the site b: you last had any communication with her? The important thing is to maintain your communication with her for now. I have some template letters that start off polite and gradually get a little more forcefull. If you pm me your email address I'll send them to you if you like.

The client has offered part payment

They are then still liable for the outstanding amount

 

I would suggest you continue all contact by recorded letter

 

The first should outline the events to date, up to receiving the cheque

Advise that you will be lodging the cheque by a specific date, the amount outstanding will still be due, or a replacement cheque to arrive for the full amount

 

Once that date has passed lodge the cheque, however be prepared for it being returned unpaid

If this happens then commence proceedings for a small claims action

 

If the cheque clears, write one final demand allowing payment within 14 days

If this final deadline passes commence proceedings for a small claims payment

 

Is this simply for website design work, or is there more included?

Has any content or service been provided?

I completed the project (Basically installing Joomla, designing a template to their specifications, creating a simplified admin area for them within the Joomla front end, adding content to the site and finally showing them how to update the website) roughly around 20 September. Originally payment was due around the 26th of September, but as I mentioned earlier the client asked for an extension which I believe was to around the 14th of October, which I agreed to.

 

I haven't had any verbal contact with the client since around the time I finished the project, so middle/end of September. Whenever I call I either get voicemail or someone else answers with some excuse about why she can't take my call. I've sent a handful of e-mails, and received no reply until earlier this month when I got an e-mail and a text saying the cheque had been sent.

 

When I saw it was for half the amount, I e-mailed back thanking her and asked when the next payment would arrive, but I've not heard back. Definately a good idea to use recorded mail for any future contact.

 

The actual amount owed isn't all that much, £150. I did the project for a relatively small fee of £350 as I'm just trying to build up a portfolio at the moment. Could really do without the hassle of chasing one of my first clients for payment though :S

I always send out contracts, its a must in my opinion.

You can resolve the issue in the courts but its needs to be the last resort. To recover £150 will cost you £30 or £25 if you do it online at the court.

 

If you have a contract that states the amount of money to be paid and documents confirming exactly how much you have received, then it is very straight forward that she owes you whatever is left to pay. Take your documents along to the hearing and you should get a judgment against her....

 

enforce the judgement and get the bailiff to go and take her stuff .... however

 

...just because you have a judgment against someone doesnt automatically mean you will get your money - you can instruct the bailiff for about £100 (which is added to what she owes you) to go adn take her goods for the amount owed but if she does have anything then like the old saying goes ... you cant get blood out of stone.

 

best advice - write to her with a formal bill with the full amount and will the interim payment clearly visible, and the balance to pay showing. Allow her 21 days to pay and state that should payment not be received in this time, county court proceedings will be issued.

 

IF after 21 days you dont have anything - fill in the forms from the court service website and post them to her with a letter saying you have sent these papers to ths court for issue. Usually this is enough to scare people into paying - if no joy ... issue - even if she instructs a solicitor to act for her, under the small claims track you have nothing to lose by issuing against her - there will be no big bill for you to pay if you lose - unless they can show that you have been unreasonable in pursuing the claim.

 

Best of luck - hope you get your money soon.

Thanks for all the help, I'll wait for the cheque to clear then send a recorded delivery invoice for te remained, as explain above. Hopefuly thatll do it but if not the threat of court should do it.

 

Thanks again,

 

Tom

Send a letter before action from a solicitor specialising in debt collection, such as http://www.thomashiggins.com/pages/letter_before_action.aspx

 

A £2 letter usually is enough to make them **** themselves.

Hi again,

 

Since I last posted, had some sketchy dialog over the following month where I've been talking with my client's boyfriend who may also work for the business. My client never actually seems available to take or return my calls.

 

It ended in them saying they were struggling for cash, and asked for an extension until the end of February. I agreed to this, as to be honest the £150 itself isn't that important, I'm just annoyed at trying to get any kind of communication out of them and I'd rather have waited the 3 weeks it would have been at the time than not get it at all.

 

Anyway it's now 10 March, and I've spent the past week trying to get hold of them, no calls answered or returned despite (albeit polite) numerous messaged left on their voice mail. Finally, managed to get through yesterday by phoning from a friends phone so they wouldn't recognize the number and surprise surprise, they answered straight away.

 

Now according to my Client's boyfriend who is the only one who will talk to me, my Client isn't happy with the website but he isn't sure why, and mentions he hasn't seen the website. He said he'd talk to her and get back to me this morning, which he did.

 

Apparently, according to my client, there are several problems with the website:

• Many images missing. Not nearly as many images as she wanted.
  
• 'The web loads too slow' (When I said I didn't completely understand, he said he didn't either)
  
• I was overcharging them for the work I did
  

 

Now, at the time when I finished the project, I made it absolutely clear to my Client to tell me then if there was anything they weren't entirely happy with and I'd change it then, and anything after that point would be subject to a further fee. She told me she really liked the website and was happy with it as it was. Whether or not she was just being polite, who knows, but I certainly made every effort to resolve any possible issues. Also, after six months of chasing payment, this is the first they've queried anything with me. Until now they were happy with the website but apologetic they couldn't pay.

 

With regards to the images, I went through a list of photos myself and my client had taken of her shop and she chose what she wanted, and where they would go on the site. She said she was happy with the images, but I do remember her asking something to the effect of how she adds more in if she wanted. I showed her how to add/edit pictures using Joomla's editor and made it politely clear that although she should be able to do this herself, if she needs me to come back after the contract is up, there would be a further small fee. That said though, this is the first I've heard of her having any issue with it.

 

As to the second point, I can only assume they mean the site loads slow? I made of point of compressing any images used to be web friendly. It's a small website, with a small amount of content and the only image of any significant size is the background image, which itself is not that large.

 

Now, the overcharging accusation. They were originally quoted £900est for a website, at which point they contacted me. I quoted them £350 as my client told me all she wanted was a simple site that looked nice and unique. She was more than happy with the price at the time, and made no indication that she disliked the initial design I produced. She made a few comments regarding some minor issues in the design which I rectified. Now, apparently they have found someone who is charging them £100 to redesign the website, and that their design looks better than mine. That's fine by me, that's their business, but it sounds like this person has basically been feeding them information that I have been overcharging them. I completely disagree here, but surely the fact they signed the contract for the agreed £350, and offered part payment of £150 (+initial £50 deposit) negates their argument. Surely they can't come back six months down the line and claim they don't agree with the price?!

 

The conversation ended in me saying that I am refusing to carry out further work on the website until the balance is settled, and if they were unwilling to do so then I'd settle it in court. He then replied I was extremely unprofessional and being unreasonable in refusing to rectify any problems, and he would see me in court.

 

This is a lengthy post, I know, it probably could have been shorter but to be honest I'm really angry, it good to have a vent after a phone call where I spent 10 minutes wanting to scream at the guy. So, what can I do?

 

I know I can go through the county court, but my worry right now is that although my client verbally said she was happy with the finished product, I have no written confirmation that this took place. The only information I have suggesting she was happy is that she offered a cheque for half the balance, which I cashed.

Send a letter before action from a solicitor specialising in debt collection, such as http://www.thomashiggins.com/pages/letter_before_action.aspx

 

A £2 letter usually is enough to make them **** themselves.

 

+1

Now, apparently they have found someone who is charging them £100 to redesign the website, and that their design looks better than mine.

 

Hmm... £100 seems a bit low for a complete redesign - do you mean they're charging £100 for just a photoshop mockup of different graphics or by "redesign" they mean completely remaking the site?

I don't think £350 is overcharging - that's cheap for most quality websites. Especially as it has Joomla bolted in as you mention. Sounds like you UNDERcharged rather than overcharged to me.

Sounds like what you're suffering from is "Client who reckons they know more than you" syndrome. One of the most annoying types of clients.

 

Personally, I wouldn't be messing about chasing as they sound like they are taking the p** to be perfectly honest

 

I'd disbale the site and let them chase you.

 

Unfortunately this kind of thing seems to be a sign of the times.

 

At work we now do the following in web projects (seems harsh, but for people who are actually willing to pay, there is no issue):

 

• Sign off detailed brief with client
• Client pays 50% upfront of total cost before any work begins
• Upon completion I'll give the client a login to a test area (totally seperate to their site) for a limited amount of time to have a play with the site
• Before making the site live on their domain/hosting the remaining 50% payment is taken

 

Agreed.

I don't know what the £100 quote involved exactly, and to be honest I don't really care. At a guess, I'd imagine they were offering some kind of site builder package.

 

I know I was undercharging them, and I made them aware of it at the time. I basically told them the work was worth more, but as I was trying to build up a portfolio I was prepared to offer it for a lower price (£350).

 

I've checked over all correspondence I've previously had with the Client, and I asked several times if they were happy with the work I had done at different stages throughout the project, and despite receiving one reply back saying she would have a look at what I had done, never heard anything back.

 

I also sent out a letter after the project was completed asking if she was happy with the finished website and if she had any issues, to which she again didn't reply. It seems it's taken them six months to be able to form an opinion, and it's kind of ridiculous. I was more shocked at the cheek of it to be honest, I've been nothing but professional and was even happy to delay payment when they said they were struggling.

Bear in mind that you can charge interest on late payments at 8% + the Bank of England base rate, so include that on your invoice.

Bear in mind that you can charge interest on late payments at 8% + the Bank of England base rate, so include that on your invoice.

 

nice link +1

I'd disbale the site and let them chase you.

 

^^This.

Thanks for all the advice, it really is much appreciated.

 

Regarding taking the site offline, I'm wary of doing this as I've made no mention in the contract that the site would be taken offline due to non-payment, and whilst I'm sure it could be argued that would be a common-sense based result of the situation I'd rather keep things as simple and clear-cut as possible if this ends up in court.

 

I've looked at the procedure for claiming via county court, and it seems I need to set out a final deadline/demand for payment before I go ahead with proceedings. Despite the fact I've requested payments for months I've yet to categorically say, this is your final chance before court so to speak.

 

So, I've now sent them a letter with a copy of the signed agreement and previous invoices stating in short basically what I have done to date, when I have contacted them requesting feedback on the work I have done and so on, and finally that whilst I am prepared to take this to court I would rather resolve it amicably and offered them a final chance to pay within seven days.

 

I'm still quite shocked at their accusation that I am being unreasonable... Is it unreasonable that after six months of chasing payment with no complaint from them, I refused to do anymore work to the site until the balance was settled?! ...pft some people.

You certainly are not being unreasonable, people charge different rates for different types of service and quality, there is not fixed charge. We recently got undercut by a web company on a project who quoted half what we put in, suffice to say the client has now come back to us half way through development asking us to take it over as what they have been delivered so far is "p*ss poor" (his words). Anyone can say they will do something cheaper it doesn't mean they will deliver the same service.

 

To avoid such situations we put the site up on a test server, the client is then given a few weeks (depending on the size of the project) to test and sign it off, but it will not go live until final payment is received.