Help - someone has filed a jurisdiction (small claims)

[digimumworld]

I run a small business and every now and then we outsource graphic designers. On this occasion we needed someone fast and they were available to produce a booklet for us - a 1 week turn around.

They missed the deadline. When they submitted the proof it was eligible and they made lots of spacing mistakes. We paid them 50% prior and told them that the work is not complete. We had to pay another graphic designer to fix it to meet the deadline.

We didn’t have a contract, just an agreement of dates and tasks via email.

We received an email that says that a default judgment has been requested against you - via the .gov money claims service.

Are we in the wrong? We told them over that their work was not complete and that we will give them the 50% deposit which covers their work to date.

What should we prepare? What can we do?

Who has filed against you? The first graphic design company?

Why didn't you let them fix it?

Did they send you a letter before cliam?

Defend the claim. Presumably you have an audit trail? A verbal contract is still a contract. Emails, etc setting out details of what the requirements were form part of that. Unfortunately if you didn't set out in detail in writing what was expected and what the terms were then you may find it difficult to defend.

Sorry, when you say that the proof they submitted was 'eligible', do you mean illegible? As in you couldn't read it?

You say they missed the deadline - Do you mean the deadline you set them, or your final deadline? Was the final deadline clear in the list of tasks and dates?

You said that you had to use a different designer to complete the work...was this pre (your) deadline? Did you give the original designer the chance to rectify their mistakes?

What was their response when you told them that the work was incomplete/illegible/late?

On the face of things it should be easy to prove that their work was not completed, but without a contract it will come down to how clear/reasonable your communications were.

If the issue was a few spacing errors and they were a day late because your brief wasn't clear, it might be reasonable to pay more than half, especially if you didn't give them a chance to action feedback.

If their work was so poor you had to pay someone else to start over, probably not.

If you have received notification that there has been a default judgement then you need to act fast. Contact the court and find out the exact position.
Default judgement means they have issued proceedings and you have not responded which automatically entitles them to default judgement.

That’s do your responses. I’m just going through my emails and putting together the key points to best answer everyone’s questions.

They didn’t send me a letter before the claim - we are waiting for the Gov website to send us the actual claim.

@PickledPurplePickle yes the first graphic designer.

@femfemlicious I did let them fix it and they just weren’t getting it. Then thought that what they submitted was good enough.

Im sending through an order of events in the next few minutes.

If you have not received the claim form and the response pack, you need to respond pointing this out. A default judgement can only be obtained if you have received the claim form (either physically or via email) but have failed to respond.

I haven't received the claims form yet. Just an email, it says "When we’ve processed the request for judgment, we’ll post a copy of the judgment to you and designer name"

Here is a timeline of what happened - it has taken a while to put together and remove sensitive information. Thanks in advance for all of your advice so far. I think at the moment we are wondering if we can win this. We are "client", they are "designer".

Day 1: Initial discussion takes place; agreement on the scope of work is reached via a video call, followed by an email.

NOTE - They are a student and admitted that they didn't have world's of experience - students should be paid fairly of course, but think this is relevant.

Day 2: Scope of work and timeline shared (half of the design work was already done by client, they were adding to it. All of the files to date and design brief had been shared. We expected the following

• Mock-up due by Day 8.
• Final PDF to printers by Day 13.
• Event on Day 21.

Day 3-4: Designer begins work, they decide they want to work with another software instead of the platform we originally used. Invoice shared; budget discussed and agreed (they had a higher budget but agreed to go lower).

Day 5: Client makes an initial payment of 75% of the total budget.
Day 6: First draft reviewed - designer completely changes the design and the version is illegible, feedback given, noting adjustments needed to align with the brief.
Day 7: Designer acknowledges feedback and begins revisions to better meet client expectations.
Day 8: Designer submits revised samples based on new instructions from the client.
Day 9: The designer wasn't getting it and made basic design mistakes (some pages A4, some pages landscape, some portrait despite knowing its a printed A4 document, poor alignment, yellow text on white background, dark text on dark background - despite us already highlighting the design!) So we provide a detailed page-by-page feedback document, requesting further revisions.

Day 10: Designer shares revised samples, but we still have the same issues as above
Day 11: Designer agrees to make final changes, indicating readiness to deliver the print file.
Day 12: Designer indicates the final file will be sent shortly but does not meet the expected timeline for delivery.
Day 13: Missed Deadline – Final PDF to printers was expected, but delays occur. The client expresses concern about the potential impact on the event.
Day 15: Designer sends the files, but the client notes watermarks and formatting inconsistencies. Further revisions are requested.
Day 17: Ongoing communication about design corrections; both parties continue discussions on how to address outstanding issues. The file isn't sent. So client starts working on a new version, using the watermarked version by pulling parts from it into a new file.
Day 18: Designer inquires about the remaining payment. The client raises concerns about incomplete deliverables and delays affecting the project timeline.
Day 20: Booklet is sent to printers (late - we have to pay additional fee and beg printers to meet deadline.

We went backwards and forwards with the designer letting them know that the work they submitted wasn't complete. We didn't receive the final version and we had to create it. However they were paid 75% of budget.

The printed version luckily arrives an hour before the event starts.

I haven't received the claims form yet. Just an email, it says "When we’ve processed the request for judgment, we’ll post a copy of the judgment to you and designer name"

To re-iterate, you should contact the court and make it clear that you have not received the claim form and response pack. The request for default judgement should therefore be rejected.

Based on the information you have posted, you clearly have a case. The designer is asking for full payment for an assignment they failed to complete.