Letter: Full refund demanded due to contract termination? Help!

[Paul Norman]

We used to do website work - still do, only not frequently.

And I have had exactly this. I stood firm. Eventually, I heard from their solicitor. I explained that I would turn up in court with a completed website that matched their specifications. Minor niggles (if that is all there is) would not mean zero payment.

Their solicitor, upon realising that the site was done, and was fine, advised them to withdraw. I retained full payment.

Out of the blue, 6 months later, another director made contact stating that they would now very much like the website after all, as they had paid for it.

I declined. Again, I retained full payment.

Look - if the specification is met, the money is yours. If it is not, you are going to have to refund. It is about the facts.

 

[Deleted member 335660]

Hi all,

I am needing some help in how to word a strongly worded letter for a client who I have done/doing website work for.
They paid the job upfront £2,600.
I have been working on the project, with the client being very happy with the progress and no complaints had regular meetings and phone calls.

All of a sudden, a 3rd party developer has gotten involved discrediting all the hard work I have done, which the client has listened too. Now the client is wanting a FULL refund of all the money paid by Friday of £2,600 with no content or £2,000 with them taking the content.
I feel sick at this fact!

They are accusing of not meeting the descriptions in the proposal, that the contract should be void.
Can they do this? When they have not communicated at any stage?

The client did sign a contract.
With the terms and conditions stating termination settlement fees.

With the client being very unreasonable, and not wanting to talk to me about this matter it is becoming rather difficult.

Can I word a letter which states the hours put into the project and costs which I will have incurred to be taken into the settlement fee?

Does anyone have a strongly worded template?

I worry about doing this and I feel I should give all-in at £2,600 back, as this client is 4 doors down from us, and I don't want any negativity from them as I feel we certainly will be met with a grudge from them, but at the same time, I want to stand and fight for what I have done and not be a push-over!

Really hope someone can help me word this?!


Thanks,

Having sold bespoke software I understand the problems that can arise.

I agree with @Newchodge don’t spell it out. You also need to be careful that it is the other company trying to get the work and making you look a fool.

If it was me I would:

* respond to the client and ignore the third party.
* say that from previous meetings you understood that they were happy with your work.
* you felt that the project was meeting the work defined in the contract
* however, if they feel there are issues you would be will to meet and discuss them and will carry out any changes.

Should this go to court, the fact that you have communicated properly with the client and offered to make any changes will be a good defence. I would also send the letter by registered delivery.

 

[GFI]

Or if we read between the lines - FC got off lightly....?

Just my blunt say so x

 

[Paul Kelly ICHYB]

What I take from this is:

we went on gut feeling

Unless your gut is legally qualified, seek professional advice before doing anything!

 

[FullyCreative]

Or if we read between the lines - FC got off lightly....?

Just my blunt say so x

Yes, we can certainly see it that way too.
Nether-the-less we can still prove we met the design brief and were performing as contracted to do so.
If something we did wasn't right to the brief we'd hold our hands up.

What I take from this is:

Unless your gut is legally qualified, seek professional advice before doing anything!

Yes!
Definitely, a lesson for others who read this thread