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    • alc88
    • By alc88 2nd Mar 18, 11:24 AM
    • 8Posts
    • 0Thanks
    Sole Trader Threatened with legal action
    • #1
    • 2nd Mar 18, 11:24 AM
    Sole Trader Threatened with legal action 2nd Mar 18 at 11:24 AM
    I am being threatened by a client with legal action unless I pay her £5k. I am a sole trader web designer and recently suffered post natal depression and during this time my work was effected.

    Her website was built in 2016 and the domain name transferred to me by her previous company. In Nov 2016 it was renewed for one year along with her website hosting and general maintenance. In November 2017 the domain name etc was due for renewal again, but at the time I was suffering from Post Natal depression and was looking to reduce my workload. As the client had been somewhat difficult I decided not to offer a renewal on her service, but being unwell at the time, it slipped my mind to email her. In January she contacted me to transfer the domain to her and I agreed, emailing the registration company to initiate the transfer. Little did I realise that the email the transfer was requested from was unmonitored and therefore did not reach the registration company. Assuming the transfer was simply in progress, I did nothing further. Later in January the domain name was put back on the open market and someone else purchased it. She is now blaming me for losing the domain name. Although I know morally I should have made her aware in November and it was an error on my part in January to transfer it, I wondered where I stand legally. We had no written contract as such - only email conversations and an invoice for the annual hosting which covered Nov 16 - Nov 17. The domain name was also in my name, so legally I owned it and was therefore mine to transfer or not - I'm unsure where I stand. She says she has lost out on hundreds of thousands of pounds and is asking a nominal fee of 5K to settle ourselves on the advice of a solicitor. I checked her company on companies house, which states it has been dissolved, so how can she lose business from a company that's not operating? Can anyone help?
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    • Pennywise
    • By Pennywise 8th Mar 18, 10:12 AM
    • 9,910 Posts
    • 18,269 Thanks
    If there is liability it's to the ltd company, the company has been dissolved so there is no liability.
    Originally posted by bris
    OP has said the limited company was dissolved in 2009. The work has therefore clearly been done for the customer as an individual and the limited company aspect is a red herring (it didn't even exist when the work was done so there was no contract with it that can now been receded).
    • Ozzuk
    • By Ozzuk 8th Mar 18, 6:49 PM
    • 1,250 Posts
    • 1,840 Thanks
    Surely this is one you need to pass on to your business insurers to deal with?
    Originally posted by Pennywise
    Actually, I think this is the best point raised - what have your insurers said?
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