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Getting money owed to me
Comments
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It's not that simple, and this is 15 years of IT contracting/outsourcing talking.
While the client is in breach of contract, no argument about that, that doesn't give you right to break into client computer systems (that is what you are doing, as there is no reason for you to think that you have the right to take stuff from his website). Nor gives it your the right to deface his website on top of it. What it does is provides you with a legal remedy of going to courts which can then rectify the situation in any way they see fit. But we are not to take justice in our hands, like some vandalism-vigilante.
Well thats not exactly true. We dont know the details of the original contract (if it was design work only or design and hosting) or why/how the OP has control over the website/email. If it was just for design and the OP only has those details as a convenience or favor for the debtor then you would be right. If it was for creation/hosting etc and the OP has control for that reason then its entirely within his rights to remove access or remove/delete any work for which he has not been paid as he is not 'breaking in' or otherwise accessing anything owned by the client. He would simply be withdrawing the service he has not been paid for.0 -
Reply you quote was in context of the friend story, where there was no hosting debacle - simply access of convinience.Well thats not exactly true. We dont know the details of the original contract (if it was design work only or design and hosting) or why/how the OP has control over the website/email. If it was just for design and the OP only has those details as a convenience or favor for the debtor then you would be right. If it was for creation/hosting etc and the OP has control for that reason then its entirely within his rights to remove access or remove/delete any work for which he has not been paid as he is not 'breaking in' or otherwise accessing anything owned by the client. He would simply be withdrawing the service he has not been paid for.
As for applying it to OP, I imagine that there is no contract for nothing, so we can be guessing all day what are the provisions for shutdown due to non-payment. For sure shutdown after reasonalbe attempts to contact him and past payment date is fine, although you really want a contracct when hosting stuff for people that lays out all those details, including what happens with the data in case of a shut down.
But I am not so sure that you have rigth to meddle with those files, especially when there are no signed T&C. In the end you are renting out a space to host those files, and doing so doesn't grant you rights to them, at least that is what common sense dictates and what is a standard point for hosting T&C.0 -
DebtFreeDebbie wrote: »Though not particularly helpful for an amicable end result, I had a friend who worked on someone's website. At the end of the day, the client disappeared and didn't pay a cent. Only thing is, they didn't change the login information, so my friend still had access to the site. She changed passwords, and then spent the next month gradually lowering the opacity of the site's on-page stuff (text / images etc) via CSS, accompanied by an email saying she'd keep doing it until she was paid. That thing was barely visible by the time they finally paid up lol.
An option for you? Possibly. Otherwise, local authorities or 192.com are likely your best bet.
This seems like an amicable solution, prior to potentially taking the site completely offline lol!:rotfl::T0 -
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In short, you want to raise a Simple Procedure case against him. Small Claims ceased to exist in Scotland on 28th November 2016.0
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