Please Help - Need Advise

[nirvana710]

I really need some help here, I'm hoping someone can share knowledge and advise.

Me and a client had a 6 month contract.

The client yesterday stated that it was only 3 months, which I told him, it's not, it's a 6 month contract!

He then said "we may just pay you off and be done with it" - To which I replied "Please just stick to the agreement"

He then proceeded to block me on whatsapp.

I then left him some voicemails, asking him to please just stick to agreement.

Today, I have been at work and hadn't realised the client had left me a message this morning and whilst at work, I tried to call the client 2 times in total, to see if he had come to his sense.

Anyways, the message this morning, states he has been seeking legal advise and is going to take me to court for "harassment and slander" and that he has contacted trading standards and is asking for my address, to serve me my notice.

The service I provide is SEO and we agreed a 6 month contract and after 2 months, he expected to be on page 1 of Google.

I then receive a message around 3:30pm saying since I insist or harassing him, he has reported me to the police for harassment and that his solicitor has advised him to not answer calls and been saved for future reference.

This has me very annoyed.

How can he screw me over on the 6 month agreement we made, then block me when i asked him to stick to the agreement and then take me to court for harrassment and slander ? then report me to the police because i called him 2 times through out the day to see if he had come to his senses as maybe he was having a bad day or something ?

Is this even possible ?

What are my options from here?

I would try and avoid court if possible, as the solicitors i feel will be the only winner in this transaction and wasted time, when both parties i feel would be better cutting losses and moving forward.

Thanks for any advise

 

[fisicx]

What does it say in the contract?

 

[nirvana710]

What does it say in the contract?

That there is a contract for SEO for 6 months between me and him. He was made aware at the start, that it would take 6 months but then he said we only had a contract for 3 months which was incorrect, I feel all this other stuff he is doing, is mud chucking, to try and get the first punch in. However, he failed to tell his solicitor about the messages he sent me asking to hack his competitors.

 

[japancool]

That there is a contract for SEO for 6 months between me and him. He was made aware at the start, that it would take 6 months but then he said we only had a contract for 3 months which was incorrect, I feel all this other stuff he is doing, is mud chucking, to try and get the first punch in. However, he failed to tell his solicitor about the messages he sent me asking to hack his competitors.

Did you get that contract in writing?

Did you provide the services agreed?

Did you agree performance metrics, and did you meet them?

 

[MBE2017]

If the contract states a six month minimum I wonder why your client thinks it is only three months?

Is this a written signed contract by all parties?

 

[nirvana710]

Did you get that contract in writing?

Did you provide the services agreed?

Did you agree performance metrics, and did you meet them?

The contract was done in writing and then sent via email to him, outlining the terms and time frame.

I did provide the services agreed and I have shown him, since we started at the start of August, there has been keywords ranking and traffic increasing. However, the client seems to think that he should be on page 1 by now and has totally unrealistic expectations. I made this clear at the start of the service, that it would take a minimum of 6 months.

He then claimed the contract was 3 months.

Just feels like to me, he doesnt want to pay, trying to get out of the contract and is now manufacturing a scenario.

I am happy to leave this now, I was annoyed but there is much better clients out there, as this guy is an idiot.

It's all fine and dandy the solicitor saying harassment and slander but I bet he forgot to mention, the whatsapp messages asking regarding hacking his competitors and a job he done for a prison and given the guy a back hander of £1000 in cash, so that he selected him for the job. He's now acting like he's all squeaky clean, it's odd.

If we go to court, then I will be 100% bringing this up and watch him, to see how he worms his way out of that one.

 

[nirvana710]

If the contract states a six month minimum I wonder why your client thinks it is only three months?

Is this a written signed contract by all parties?

I wondered the same but the suspect, he is trying to get out of it.

I'm happy to go to court but feel the time, headache involved and finances involved could be put to better use.

 

[nirvana710]

Summary

So he thinks contract is 3 months. Not 6.

Blocks me because I ask him to stick to agreement.

Called him a couple of times today to see what was going on.

Now the solicitor thinks they have a case for slander and harassment.

Fails to mention to solicitor about his shady requests of hacking competitors, to see where they are getting there contracts from and also giving a guy £1000 back hander at a job he got for working at a prison.

Absolute crazy!

People in glass houses, should not chuck stones.

 

[nelioneil]

I'm quite certain he's bluffing and has no solicitors and has not reported you for harrrasment. Its just ridiculous tactics to not pay for the remainder 3 months.

 

[nirvana710]

I'm quite certain he's bluffing and has no solicitors and has not reported you for harrrasment. Its just ridiculous tactics to not pay for the remainder 3 months.

He keeps asking me for my address though, which I'm confused about. As he said "he has 2 addresses for me" - I've only ever give him 1, i did have a small office share before, but gave that up as it wasn't really needed but i never invoiced using that address.

He claims, he has spoke to a solicitor today, the police and will be sending notice via 1st class recorded delivery and in another message, he stated he will be "sending terms tomorrow/Wednesday"

The guy is drinking to much of his own kool aid, lets say I did call him 3 times today, 1 time was genuinely pocked dialled but even so, how the hell does that constitute "harassment" given the fact yesterday he was in a funny mood and said contract was for only 3 months, and I reminded him it was 6.

He then replied "he may speak to his business partner and just pay this off and be done with it"

To which I replied, "please just to your end of the deal and I will stick to mine"

To which he then blocked me.

Since then, he has seen a solicitor today regarding "slander & harassment"

Because I called him 3 times, he as then "called the police" to report harassment.

Here is his exact message

Since you insist on harassing myself and my company I have now contacted the police and reported you this will be included within the solicitor notification letter when you are served with it this week can you please confirm your address so the notice can be sent out first class delivery recorded.

I will not be answering any off your calls just today you have tried to call me 3 times my solicitor has advised me that I should not answer the call and all messages are being saved for future reference

 

[nirvana710]

Lets say it's not a bluff, the "solicitor" seems to be looking for a pay day from him. That's how they make there money! If he is genuine, then feels like he's got his "solicitor" to do his harassment on his behalf

Lets say this does go to court, wait till the moment the solicitors face drops when the client

- Broke a 6 month agreement
- Blocked me because I asked him to just "stick to his end of the deal and I will stick to mine"
- Failed to tell the "solicitor" about enquiring for services to hack his competitors, to find where they are getting there contracts
- Giving a £1000 backhander to one of the staff at prison, so that he could get the job.

He's giving me a headache but doesn't realise, this is also going to open up a whole other can of worms for him, should he want to go this route.

In my haste yesterday, I did mention to him I was going to bring legal proceeding against him but decided against it today after a good nights kip and thought "**** him" his loss. Then received a message at 10am this morning, saying he's seen a solicitor.

What are peoples thoughts on this ? not sure what to do yet ?

 

[MOIC]

You’re getting into dangerous territory making some of the above claims, whether true or not.

Don’t waste your time chasing this ‘customer’ and use the experience to tighten up your contract terms and conditions, and perhaps include staged payments.

Focus on getting more customers and move on.

 

[japancool]

Can you *prove* you had a 6 month agreement?

 

[nirvana710]

You’re getting into dangerous territory making some of the above claims, whether true or not.

Don’t waste your time chasing this ‘customer’ and use the experience to tighten up your contract terms and conditions, and perhaps include staged payments.

Focus on your business and move on.

He said tomorrow, he will send "terms"

What do you think ? Just ignore his messages and if solicitor does send letter, just ignore it ?

 

[nirvana710]

Can you *prove* you had a 6 month agreement?

Yeah, I have the emails and communications with him via whatsapp.

 

[japancool]

So why didn't you accept his offer to pay off the agreement?

 

[nirvana710]

So why didn't you accept his offer to pay off the agreement?

By pay off, what he meant was that if he thinks contract is 3 months. Then the final payment would be this Friday coming. When reality was, there was another 3 months outstanding. The issue is, I have spent an enormous amount of time and many days working early hours in the morning and he has 6 keywords already on page 1, with more coming up through the rankings as well.

When he said about "paying me off and be done with it" - I replied with you stick to your end of the deal and I will stick to mine. Thats it. He then blocked me.

 

[Mark T Jones]

It sounds like you both need to grow up a bit, TBH

The chances if him pursing/succeeding in a harassment claim are minimal, though he can easily pay a lawyer to fire off a letter.

Stop with the silly mud slinging and counter claims and focus on the matter in hand.

You have a contract. The actual wording of that contract will have a huge bearing on what they can or can't do.

If you choose to pursue them for the full payment, they will file a defence. There is a high chance that their defence will revolve around you not performing under the contract. Are you ready for that? Do you have hard evidence of work done and outcomes?

As others have said, the best course of action is almost certain to be learn the lesson and move on

 

[Financial-Modeller]

...I would try and avoid court if possible, as the solicitors i feel will be the only winner in this transaction and wasted time, when both parties i feel would be better cutting losses and moving forward....

this.

 

[HFE Signs]

Could you imagine calling the police! I bet they were really interested.

It sounds like its more trouble than its worth, I'd accept the pay off and find yourself a more honest client.

I very much doubt he has seen any solicitor, he just doesn't want to pay you anymore.

 

[2020Lawyer2020]

You need to prove the 6 month agreement (if you bother to continue the dispute which I do not recommend). Can you paste on here exactly the words used in the contract for the 6 month term and anything else in the agreement about "termination". Also the agreement may have an entire agreement clause and what you say about emails proving the term will not be true as all emails may then not be part of the contract. So it is precisely what the agreement says about term, start date, effective date, termination rights etc that will be the important thing.

Also if he terminated early then (again subject to what the contract says about caps on liability etc,) you can claim the profit you would have made in the remaining 6 months, not the charges you would have charged him in that period and you have a duty to mitigate/reduce your loss. By the time you have don all those checks of the contract and the sums you might find it is not really much money and not worth claiming.

 

[WaveJumper]

Have to say I agree with @Mark T Jones stop all this silly mud slinging not going to get you anywhere. You say you emailed over your terms, was it just an email or an attachment with full details including a canalisation clause, and did you insist on this being signed and returned. if not you might want to take a good look at how you move forward with new business.

Did you document all your meetings when you discussed performance, did you then supply your client with a copy of those minutes.