Hi everyone I have just joined this site after having problems with a dodgy web designer im looking for you good ones to give me some advice.

 

Basically i set about setting up a business last year and found a freelance web designer to build my website.I was emailed a rough contract which stated he wanted paid 50% upfront and rest at end of job. The contract was never signed and no money was paid up front but he started building the website anyway.

 

I had purchased the domain name but it in the developers hosting account.Things were going ok and he completed the homepage and uploaded it to make it live. The web developer then started to add strange things on the Twitter account that was on the homepage. He then stopped contacting me I tried calling his mobile, house phone and emailing with no success. 3 weeks went past and I thought I would never hear from him again so I contacted his hosting company and asked them to transfer my domain into my hosting account. They did this after trying to contact him for a week themselves and me sending them proof that I own domain.

 

The web developer then got in contact the day that the domain was transfered to my account. He said he had moved from London to edinburgh and his mobile had been stole and had not been given a replacment sim. I might be crazy here but I think that is a pathetic excuse. I know you can walk into your phone shop and they will replace a sim straight away. I also know he should have at least been able to access a computer to send me an email.

 

When he got back in touch he wanted the payment for website which I declined to give as he had messed me about and I had never signed a contract saying I would pay him before completion. He decided not to do any more work on my site.

 

Due to website trouble and health problems, i decided not to pursue with the business at that time. The website lay as it was with the homepage that he had designed as I dont have a clue how to change anything on a website.

 

He has now got in touch with me threatening legal action if I do not pay him £2000 for use of his background and images on my website. He says according to google analystics there has been just over 2000 page views in 4 months from all over the world and he wants 96p per view.

 

This is a website that has not been getting used or altered. It has not been advertised as business has not been operating. Even if business was operationg there is nothing on the website that would be useful to any potential customers and there has been no money made from it due to not been a business any more.

 

2 questions I have.

 

1. Can he sue me for damages or anything else as he is saying I used his images without his permission or payment and stopped him from accessing his work. My argument I was thinking i could maybe use was that he gave permission by puting it on there and he has never contacted me requesting it be removed.

 

2. If he can claim damages and I negotiate with hime how much should I offer to pay him?

 

Thanks all advice is greatly appreciated. last thing I need right now is someone coming to my door with court papers.

Crumbs... where did the 2k come from? What was the original agreement for payment exactly?

 

How's it going now?

 

I think that the law states you do not have to pay the full amount if you're not happy with the quality of work/service but... (and I'm stretching to remember this) I think it also says something about 'giving them a chance to put it right'.

 

I would take some legal advice if I were you -even the 'free legal advice' from some free legal advice hotline would be a better idea than asking us lot - we are not lawyers. I suspect a lawyer will say that there was no contract but there was 'an understanding in good faith' that he would do X and you would pay him Y, hence you need to pay him an amount of Y but not the full amount and may be able to stop it there but you really need to ask them.

 

I did use one of those free legal advisor myself once (dealing with a dodgy insurer) and actually the advice they gave me was spot on and worked like a charm. Try there.

 

Oh and always be clear what the agreement is before starting work - and I would also say: make sure you see their references first! Lot of cowboys out there.

2 sides to every story. So far we have yours..