Taking someone to court!

[alexandersmith1992]

Hi everyone, I'll try and keep this as short as possible, but I'm in desperate need of advice from some of you experienced businessmen & women

Just over a year ago, I received a start up loan from the government. My website was going to be a recruitment based website.

I chose a freelancer I was "friends" with, and we drew up a contract. He agreed to complete the website for £3500, with £2500 paid upfront. I agreed, and he began work. Things went well for the first couple of months, and then around Christmas time, he became a nightmare to work with.

My emails would take a week to be replied to. He'd not show up to Skype meetings we had arranged etc. No progress was being made on the site, and things were very sluggish to get done.

Since Christmas, NO work has been completed on the site, and I've probably been emailing 4-5 times a week trying to chase him up. Phoning him without a response etc. It got to the pint where he was taking 2 weeks to reply to me, and when he got back to me he'd just set more phony deadlines, and kept messing me about.

This went on until about a month ago, when he said he was no longer interested in working on the project, and suggested I take the portion of the website he's coded so far, and find another developer to finish it off. This wouldn't be so bad if the site was anywhere near completion, but the reality is, it's only about 30% complete.

I have probably sent well over 100 emails and Skype messages (all saved), asking him to cooperate with me.

A couple days ago, he sends me this email..

"
I refer you to my previous email in which I detailed your shortcomings in the project and the two options available for you - you chose neither and have wanted the project completed in full and have threatened me with legal action if this is not the case. In this email I have also taken "part responsibility" for failure of this project thus far, however you intend on not taking responsibility for your part.

Unfortunately I have also had to take advice (which is the decision I have been waiting on), this being that I have tried to negotiate with you to come to conclusion and you have not budged. Unfortunately this leaves me in no other position other than to terminate our business relationship, pass on the source code and files to you for you to source another web developer to finish the project as part of option A in the original email.

If you wish to proceed with the small claims court, I will be prepared to fight that and have written up a retort in this case, which details both our shortcomings in this project, how I have tried to negotiate because of that and your refusal to do so. I will also question your financial dealings with your loan and where this money has been spent and invested in Karango.

Any future communications and discussions will need to be through your solicitor. I will send a second email this afternoon with a link to all the files and source code - I will leave this available for you to download for a week at which time I will then remove from my Dropbox."

He tries to basically blame the failure on me (I've been nothing but helpful, and have done everything in my power to get the site up and running). Incidentally, he didn't send a link to download the files yesterday, which is pretty typical of the kind of guy he is.

I am now to the stage where I am going to have to try and recoup my money through a small claims court. All payments were paid through bank transfer, and I have proof of the money being sent.

Does anyone have any advice? I'm only 21, and don't have any experience with what to do know.

Any help would be much appreicated!

Alex

 

[ethical PR]

Lesson learnt...never work with so called friends

Separate the two issues.
1. If you think you need the work he has done so far, try to focus on getting the source code so you can identify a developer/designer to work with. If not, then concentrate on getting a quality website developer/designer to create a new site. Make sure you take up references, that they have experience of building the type of site you need developed, have good project management systems in place, that you have a contract outlining key milestones against budget, what you will need to provide and what they will do by when. I don't know whether what your original designer quoted you was a fair rate for the work but don't go with the next cheapest designer. You may need to invest a bit more of your budget to get a quality product. Also make sure you have shared copyright and you own the domain.
2. Think about whether you want to invest time and effort in taking him to court. It might be worth you asking a solicitor for an initial consultation so they can advise you on whether you have a case or you could send him a letter before action and if he doesn't pay up then you can take him to the small claims court,

 

[cjd]

The first and obvious thing to do is to get the code he's produced so far so at least you have that in the bag.

You then need to find a friendly business solicitor and have a chat. All businesses need a lawyer and the sooner you get to know one the better. Your first meeting should be free and s/he'll advise you properly about what you could do. Quite often a letter from a solicitor gets you what you want and costs very little.

You have also, I hope, learned not to pay that size % upfront ever again......stage payments are what you want with software development.