Non-Paying Client - Individual or Company? (Web Design)

[Big G]

Once you obtain a Judgment against him and on the provision he is a home owner, you could apply for a charge against his property.

 

[Charlie B ACS]

I believe that having a charging order doesn't preclude you from using other enforcement methods, including HCEO

 

[Paul Murray]

I'd stop giving him the benefit of the doubt and take the site down right now. My gut tells me has no intentions of ever paying of his own accord:

The business is based entirely on the website - online paid advertising and online directory listings for other businesses in the sports and leisure industry. People pay to list their business and people pay to advertise on it. There's been no new listings for over 7 months.

No listings in over 7 months? It's dead in the water, it probably didn't take off like he imagined and since he's incurred no upfront costs for the site aside from a paltry £400, he's decided to now walk away and keep his 11k.

Take. It. Down.

 

[fisicx]

The deadline has passed and he hasn't paid so I'm assuming the site is no longer live.

 

[Deleted member 260626]

The deadline has passed and he hasn't paid so I'm assuming the site is no longer live.

I don't have any T&Cs - so no contract or conditions stating anything about a suspension clause or withdrawing the site in the event of non-payment. Therefore I don't want to risk any claim in legal action against me or risk of not being able to take him to court for not keeping my end of the agreement - which is to deliver the site.

I think I need legal advice on this.

 

[fisicx]

He cannot tale any legal action. He hasn't paid for the site which means he has no entitlement to use it.

It will not risk anything. He is not going to pay and it's going to take months (or even years) before this gets to court and then he is going to claim he has no money and then appeal and so on.

By saying you would take down the site if he didn't pay and now not doing so you have shown weakness which he will now exploit.

 

[Scalloway]

I don't know if my client would care if the website is offline or not

Then what else are you waiting for?

 

[Deleted member 260626]

Then what else are you waiting for?

Legal confirmation I can turn it off without T&Cs stating I can, and still sue this guy without breaching our agreement myself by temporarily withdrawing my delivered services & product.

I read this post here with a similar situation: Google "webproworld" and "95477-Removing-a-clients-website-for-non-payment-Need-advice"

 

[ethical PR]

You have already been advised here that you can. If you aren't comfortable turning it off based on advice you find here or elsewhere on the internet and want 'legal confirmation' - why not speak to a lawyer and get paid for legal advice? You can easily get a fixed price initial consultation, which will confirm the advice you've been given here.

 

[Scalloway]

The post you refer to is almost entirely based on US law.

My advice is still to pull the plug. If they have money and need the site they'll pay you. If they are broke you are cutting your losses.

 

[Paul Murray]

On the other hand, there's no T&Cs stating you cannot take the site down. There's no agreement in place for either party to agree to.

You've provided a service and an end product, he hasn't paid, therefore you're well within your right to revoke access to the site.

At the very least just put a password protect on the root folder so you can't view anything without having the required credentials. I doubt the client would even notice to be honest, sounds like he's done a moonlight flit.

 

[fisicx]

And he is not going to pay. He will wriggle and fight and prevaricate and just refuse to pay you. All going to court will do is cost you money that you will not get back.

If you take the site down I now doubt he is even going to be concerned. He has ignored your deadline and really couldn't care less what you do.

 

[Deleted member 260626]

The website and email accounts are now offline.

If I take this through the courts and the judge agrees a repayment plan of £1 a month for 11,000 months can I ask for alternative enforcement instead?

 

[Big G]

If the judge makes an order for such a payment plan then the defendant will need to keep to the order, if he fails to keep to the order you can then proceed with enforcement.

However, you will initially have the opportunity to object to the defendants proposal and give reason for the rejection such as: the length of time it will take to repay or you believe he can pay more based on his circumstances.

Given the value of the debt, it may be beneficial to go down the route of Bankruptcy proceedings (in some cases the initial stage of a Statutory Demand personally served on him by a licenced process server can result in payment), this route can also avoid silly offers of repayment.

 

[Deleted member 260626]

Just a quick message to thank everybody for their help on this latter over what has been quite a stressful time. I have now nailed my flag to the mast, and wait and see what happens next. I will keep you posted when possible.

 

[Deleted member 260626]

Hi All, For those of you following this thread and offering advice, I just wanted to let you know that since issuing the LBA to my client, I received a letter today stating I will be taken to court for a very substantial amount of money (huge) due to a number of false facts and failures listed in the letter.

While I can defend every single issue dreampt up (I have emails and text messages) it looks like I will have to fight this counter-sue while I push ahead with my claim against him.

 

[DavidWH]

Sounds like they're trying to scare you into dropping your case... Collect your evidence, emails, texts (take screen shots of texts incase they get erased!) print everything off and keep it in some sort of order.

 

[Deleted member 260626]

Thanks David, I have all emails and texts recorded and all texts catalogued and annotated ready. I can de-bunk everything he's claiming as it verges on farce. Only concern is having to defend a legal case (time, stress, money) and risk of getting nothing out of my claim.

Tempting to walk away but his letter states unless the website is 'completed' (it was complete and it's never been disputed in over 9 months until now) he'll sue me next week.

 

[Bob]

Might be worth having a look at the court costs involved in a claim and also the costs for a counterclaim. Perhaps speak to @smallclaimsassistance to see if he can help you

 

[Deleted member 260626]

The letter states separate legal action - which I don't see the point of apart to try to get the website back online. I'm not sure they realise they can counter-claim against my claim. It's clear from their letter they likely haven't yet sought legal advice (I have - and can recommend @smallclaimsassistance for the help I've received so far).

 

[fisicx]

Unless their letter came form a lawyer it's going nowhere. I could write you a letter saying I'm going to take you court and it's just meaningless fluff. He is not going to sue you.

 

[Big G]

Your right, they would need to counter-claim/defend any legal action if they disagree with your claim. In court, it is not what you know but what you can prove. If you can defend any counter-claim with supporting evidence then i would suggest issuing a claim against him before he does.

 

[Deleted member 260626]

Hopefully when if he does look to take legal action his legal advice would be to either a) not bother (as he can't substantiate his ludicrus claims and I can disprove them all) or b) just counter-claim my claim. This is obviously an act of desperation and to scare me off. My only concern is his request for me to not only stop my action against him (which hasn't even started yet) but to complete the site (by doing additional work not in the existing scope) and still not pay for the site.

All such a source of unnecessary stress and worry.

 

[ethical PR]

You stated back in early February you were issuing a letter before action - why haven't you submitted your claim? You are just showing him that you aren't serious about pursuing the payment owed.

I know you are already getting advice from @ small claims assistance so i am sure they can help with this, if you need assistance.

However from what you say it's fairly straight forward. You did the work in accordance with your contract. You handed this over to the client who was happy with it at the time. They haven't paid.

Focus on this and don't get distracted by his additional requests. He can respond via the court claim you will be issuing.