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Post by mickt1964 on Apr 2, 2019 20:15:54 GMT 1
Hi All
I have a work related matter with a non paying client over a website, would like to be fully informed legally if anyone on here can help.
Thanks
Mike
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Post by 4l04ever on Apr 3, 2019 16:01:27 GMT 1
I am not qualified...but it sounds like it would be a civil matter. If you have a contract with a specification and it has been met, then you should be able to take the client to small claims court.
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Post by mickt1964 on Apr 3, 2019 16:19:00 GMT 1
We have already issued a 7 day notice before action letter. The client or now ex-client is under the assumption that the website is his property, even though I have clearly stated on our terms that all goods and services remain the property of my business until paid for in full.
I have also stated that we reserve the right to pull the sight until payment is received. Problem with that is we are not hosting the site and he has some friendly IT bod on hand to counter act anything we do. Not sure whether to warn this chap off while this is resolved.
So to me the site is ours and not his. But am I right legally.
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Post by 4l04ever on Apr 3, 2019 16:47:37 GMT 1
Citizens Advice may be a good starting point.
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Post by midlifecrisisrd on Apr 3, 2019 17:30:04 GMT 1
If the contract states it's yours in till full paid then he doesn't have a leg to stand on
I'd delete all its content an f*ck them
Can't understand people who ask for a service then don't pay for it
Steve
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Post by midlifecrisisrd on Apr 3, 2019 17:31:41 GMT 1
Also as he hasn't paid bit is using the site he has defrauded you
Warn the IT guy about the implications of him assisting the fraud
Steve
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Post by mickt1964 on Apr 3, 2019 20:33:31 GMT 1
Hi Steve
I think the same, this guy has stolen from me, unfortunately the UK law just doesn't seem right, it is very hard to prove fraud. What I find odd is if I walked into Curry's and walked out with a brand new TV under my arm I would be arrested and in magistrates court in very short order.
But if you take goods and services from a businesses as a business there doesn't seem much you can do about it legally.
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Post by veg on Apr 3, 2019 21:40:45 GMT 1
It’s all to do with entering a contract you also have to prove the intent was to commit a fraudulent act. Unfortunately it will be brushed off as a civil matter.
However that has the advantage of the burden of proof is far lower, so rather than beyond all reasonable doubt you only have to prove on the balance of probabilities.
So if he has signed a contract and if you have correspondence between you etc etc
Go in line serve a notice that if payment isn’t made within 14 days etc you will then serve notice through the small claims court. He may suck it up and see if you go through with it though.
It’s a fairly easy process and google is your friend. 👍
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Post by muttsnuts on Apr 8, 2019 19:34:24 GMT 1
just take the site down and redirect the URL to a page that says its down for maintenance, all you have to do is do an update, say its a security patch, when he complains, say the patch has not worked and you are working on it to fix it, if his "mate" interfers with it, delete the site and blame his mate, what can his mate say then, if he looks into it, he will be in breach of his employment contract as I assume he is working for the "hosting" company, if that is the case, then they should never look at or interfere with a customers site without express permission from the owner e.g. you, you are paying the service contract with the hosting company, not your customer, so your contract is with the hosting company, you could just not pay them, but that spoils your relationship with them, so don't do that - beleive me, his mate won't do anything, if he does, he'll lose his job, or put it this way, if he worked for me and did that I'd fire him as its breaches your hosting contract terms and leaves the "hosting" company wide open to penalties for loss of service etc, etc - I have run several hosting companies/multi-client data centres in my time and they all work the same way, they won't want to get involved in your argument between you and your customner, if his mate interefes, then he has directlky dragged the company into it, at which point you go to your service manager and ask them to investigate who has been playing around with one of your sites - his mate will back off I am telling you and your not doing anything wrong by blaming a patch going wrong, hell it happens, we've all seen the bank fiasco's of late !
HTH
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