Non-payment help needed

ILW

I would probably get the designer to pay the losses to you, or you will let it be known within the industry that he is not to be trusted. What has he got to say for himself?

dp313

The designer only does it in his own time, after a few stern words has threatened to send me a bill for the remaining cost and effectively deny knowledge of the payment from the client, I have just received a lengthy email from the client announcing she has spoken to citizens advice and at length goes on to pick holes in process, pointing out several parts she is unhappy with including time scales, and what she believes to be me misleading her in what she was paying for. And stating should i take her to small claims court she will seek damages for the time the website is not active in the meantime. The mind boggles, the web designer has taken offence to my charges and agreed with her that I have ripped her off based on her lack if knowledge of the industry. Where it is more true I have saved her money by knowing somebody who's prices are ridiculously cheap! He has now sent her all the email correspondence which she is cross referencing with what I told her which again will give her more ammo, unbelievable.

I can't believe how ridiculous this has got so quickly, I'm inclined to take this as a life lesson because this is fast turning into a waste of time

ThumbRemote

Do you know any of the passwords for the hosting, the control interface of the site, or anything else? If so login, change the passwords, take the site offline and tell her it will be returned to action when the invoice is paid.

ILW

What is her actual reason for witholding payment?

dp313

I don't have access, the web guy is very much on the side of the client and is doing everything to stop me from being paid, he feels his services have been used, and taken the hump due to me telling him how unprofessional he has been. I simply can't see a solution as they are now conspiring stories so I don't get another penny. Ridiculous

visidigi

Well, you contracted the designer, he has no contract with your client, so I really don't think he should have shared private correspondence between you and the designer.

The citizens advice line is utter garbage, if she has, shes only given her side of the story that she's been ripped off (in her opinion blah blah blah).

To clarify.

You have had no payment for anything from your client.

Your client has paid the designer his fee.

Your client is witholding the remaining £190 due to you.

Is that correct?

dp313

ILW wrote: »

What is her actual reason for witholding payment?

She claimed I had hidden costs within the quote so it appeared I was doing more than I was, this is probably true in retrospect, but I had no idea how intense my involvement would be so had to cover myself, I offered to put together some graphics which she eventually didn't require as well as a few other bits she never needed in the end. She also accused me of delaying the timescale the job took, I'm not sure why this is relevant it didn't seem a problem at the time.

They are not budging and making legal threats between the pair of them now, I have no idea what to do and am starting to think its a waste of time

dp313

visidigi wrote: »

Well, you contracted the designer, he has no contract with your client, so I really don't think he should have shared private correspondence between you and the designer.

The citizens advice line is utter garbage, if she has, shes only given her side of the story that she's been ripped off (in her opinion blah blah blah).

To clarify.

You have had no payment for anything from your client.

Your client has paid the designer his fee.

Your client is witholding the remaining £190 due to you.

Is that correct?

I have received £50, she paid 200 deposit, 150 to web, 50 to me. I didn't disclose this to her, I didn't think I had to?

The designer has been paid in full

They owe me a remaining £190

Thanks for your advice

visidigi

Who paid the designer in full?

If she did, then that doesn't pay your invoice. The designer was not working for her, he was working for you.

She's got herself on right rocky ground here to be honest.

£740 - £ 200 Deposit = £540.

Her actual outstanding amount to you is £540, what she has paid the designer direct is none of your concern unless you advised her to (which I don't recall you mentioning).

I would inform the client that you require the full outstanding payment of £190 as per the original request, on the basis of this being resolved quickly.

If this is to be disputed you are can document and prove that a full £540 is still outstanding for the work completed, delivered and accepted by your client.

Your client really hasn't been honest with the CAB, and even if they are ganging up on you she really hasn't thought this through.

dp313

visidigi wrote: »

Who paid the designer in full?

If she did, then that doesn't pay your invoice. The designer was not working for her, he was working for you.

She's got herself on right rocky ground here to be honest.

£740 - £ 200 Deposit = £540.

Her actual outstanding amount to you is £540, what she has paid the designer direct is none of your concern unless you advised her to (which I don't recall you mentioning).

I would inform the client that you require the full outstanding payment of £190 as per the original request, on the basis of this being resolved quickly.

If this is to be disputed you are can document and prove that a full £540 is still outstanding for the work completed, delivered and accepted by your client.

Your client really hasn't been honest with the CAB, and even if they are ganging up on you she really hasn't thought this through.

The problems I can see, as suggested earlier are that it may be perceived as a kind of gentlemans agreement because it was a friendly email negotiation rather than a written contract.

I wouldn't chase £540 as she just owes £190 but my concern is its all unofficial cash in hand, I am not registered as self employed and nothing is declared, will this count against me?

I'm really concerned she is obviously quite Insistant in not paying and I will have to go all the way and I'm concerned of a counter claim.

Does she have reason to believe with holding payment is ok if she thinks I have 'deceived' her, she complains I promised it was being done as cheap as possible when infact I had out unnecessary charges ontop, again probably true but she agreed the price!?