Client going back on agreement & not paying.

[thedancingboro]

I did a website for a client years ago. He paid for the site.

He then wanted another 3 websites - but wanted a good deal because he was coming for 3. I agreed. Started work on one site. Kept saying he would get back to me (through 3rd person who was organising the content) and after 6 months (with a few emails from me unanswered) I was told they no longer wanted the site. Nothing happened with the other 2 sites either.

I put this down as a lesson learned and moved on.

Years later, I was contacted by him to create an online shop attached to the original website. I explicitly said after what had happened I did not want to work with him again.

He kept on contacting - and came with an offer of 12.5% of revenue of the shop, if I created it for no cost, and then worked to promote the webiste.

I agreed, under several conditions which I outlined to him.

I said I wanted a contract - he said you get one made up by a solicitor.

I met a solicitor who said that a contract is worth nothing, and I should set up partnership in the business.

He was not up for this.

I went ahead anyway.

A year down the line I was diagnosed with cancer. Had a year of treatment. 6 months ago asked where this commission is (as I had no real income due to the cancer).

He said his accountant would be in touch. Heard nothing.

Chased him up -- and now we are at a point where he said he will pay the 12.5.% up till now - but that will be the last invoice, as he has someone else working with him who he is paying a commission to.

He was never forthcoming in helping promote the site. Never got back to me with anything, and was negative to all suggestions which he agreed on initially to promote. Wanted to put NO money into promotion!!

He never told me he was getting someone else in.

He is now saying I never replied to his emails (not true - was the other way round, and I never changed my contact numbers, which he never contacted me on). I offered him to terminate the agreement by paying half the cost of what I would have charged to set the shop up in the first place. He is now saying he isnt paying anything because I didnt promote the shop enough!

What are my options?? Will I have to take him to small claims court? Should I continue to engage with him via email with nothing getting resolved? Or should I just invoice him and then take him to small claims court. Should I invoice for the work done? Or should I invoice him for the 12.5%. He has now changed passwords on the ecommerce shop - so I cannot access it.

Thanks

[Boomboomboomboom]

Invoice him for the full 12.5% Do you know what this amounts to? Will it definitely fall below the small claims track threshold of £5,000? You can limit your claim to that much if you chose to do so.

If you are happy to settle for a lesser sum, why not send him the invoice under cover of a "Without Prejudice" letter indicating that you will settle for £ at this stage, but if payment is not forthcoming within 14 days you will sue for the full contractual amount, and on going % as per the original agreement. Indicate that you have retained all communications with him that show he has breached the contract, and not you.

[thedancingboro]

Thanks - looking into some of the info you have given -- its below £5000.

This is quite a famous company as well.