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Client Refusing to Pay
Comments
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Does his ex business partner need a website, by any chance? If he's not going to pay up, maybe you could make a few tweaks and resell your work?0
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I have a number of ideas, for the future, that includes Stage Payments based on very clear milestones and deliverables , and a quality sign-off checklist for each stage, so that when you actually go to court, there is a signed delivery note effectively.
But what about a pricing strategy that is different again. Maybe automatically making £1 per view, or £1 per sale, so that the client pays NOTHING upfront. Can you design a website that sends the money to your account automatically ?0 -
I was just casually asked for a look at the site and I didn't see any harm in showing it. This was before any legal action had been talked about. I'm certain he is only complaining as an excuse to not pay me (remember he had been avoiding me for 3 weeks already).
The solicitor I spoke to said he doesn't have a case since it didn't cause him any problems, while not paying me nearly a month's wages does cause me trouble. She said "you can't just refuse to pay someone for briefly showing the website to someone else" and that his claim was like stumbling on a curb, not hurting yourself but trying to claim compensation for it. There is no confidential information on the website, and it is designed to be publicly available.
The breach of confidentiality was, in my view, discussing a client's business with a competitor of that client. Probably not actionable in law but could harm your reputation and might put off future clients from trusting you with their business.0 -
Prothet_of_Doom wrote: »But what about a pricing strategy that is different again. Maybe automatically making £1 per view, or £1 per sale, so that the client pays NOTHING upfront. Can you design a website that sends the money to your account automatically ?
I cant see that flying.
Stick with setting up staged payments. Get that working right first then look at other payment models.0 -
Thanks everyone for your responses.
My freelance work was just something I was doing while between jobs so I'm not really looking for advice on avoiding this in future.
I have considered selling the website but don't expect it would be easy and might not get much for it since it was built exactly how someone else wanted it.0 -
Update: I've just had a phone call from one of his staff asking if it's true that he isn't paying them properly this month because he has to pay me! As we haven't communicated since the message in my first post, I highly doubt that. He's just dropping more people in it, because he has run out of money (possibly through his gambling and coke habits) and blaming it on anything but himself.0
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I sympathise with your situation but don't have a lot that's constructive to add, I'm afraid. I think your only chance of getting payment is going to be to sue, and it sounds like you're taking advice on that already.
I'm a freelance writer and when working with clients I've not worked with before I generally:
- Take a deposit up front (30 — 50% of expected total)
- Have them sign a written contract before commencing work
- Request a PO number, if possible (usually this is with larger clients)
Good luck!
John.0 -
Can we take a look at the website please?
Also how much you charge for that site :-)0 -
Always get a deposit, i.e.50%. It is a sign of intent on the purchaser and a gesture to the supplier.0
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Long story, short. I spent 3 weeks making a website for a client. He kept putting payments off and eventually ignored my calls and emails altogether for 3 weeks. When I gave him a deadline to make the payment, out of no where he started claiming that my work was shoddy (despite it clearly not being shoddy, matching the designs we had agreed and never having problems while watching progress of the site being built).
When I mentioned legal action he said "if you ever threaten me again you will regret it ", and also claimed he had just received £7,000 from a client and was going to send me some as a good will gesture but after my email he said "go and f**k yourself".
He's a dodgy character. He shouldn't even be running a company since he has already been disqualified as a director. He is shadow director so the company is in someone else's name. I read the penalty for this can range from a fine to 2 years in prison.
Has anyone got suggestions on how to deal with this situation? My worry is that he probably knows every trick in the book to avoid paying. I am down almost a month's income just before Christmas, my family are suffering for it and I'm unable to pay bills.
Presumably you had some form of written contract in place before you spent almost a month of your time designing & building this website?
Hopefully that contract specified the deliverables.
Ask the client which part of the deliverables they believe have not been delivered. If you agree, then correct these failings. Otherwise explain to the client how you believe you have delivered what was agreed.
Ultimately, if a failure to agree continues, you may need to ask a judge to decide, but you must try to resolve any issues from the client first.
Before wasting money on court fees (or even wasting any more of your time trying to cllect this money or even correcting any failings) ask yourself if the client has the funds to pay. You really should have done this before extending credit to them, but better late than never0
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