Advice about possible non-payment

[HellyBelly]

I need some advice but before I post and maybe get into trouble, I want to check I'm allowed to ask this first!

I have a very small business I run from home in my spare time and have spent time making something but looks like I may not be paid for it.

I will put details on here to make more sense if I'm allowed to.

Am I allowed?????

I don't know about psoting is it a ebwsite you've done?

I would sugesting going to the small calims court if you don't get paid or zapping the site so theat they can't use it if that's what is

Yes! Not sure where I stand? Want to do a letter to the customer and mention possible legal action but I don't want to mention it if I don't have a leg to stand on ifswim!

Do you have evidence of a contract between the two of you setting out the terms and conditions of the agreement?

I think the site belongs to you until you're paid so you can sabotage it

Write to them notifying them that they owe you x amount and it is due immediately or you will either reclaim the site or take further action through legal proceedings to recover the debt.

Small claims court is very simple and they pay the costs of the proceedure and interest on the noey due

I now do contracts but back then, I didn't. All I have is lots of emails. All clear that no payment was required until she is happy with the site Shall I explain my circumstances here???

I don't see why not but I'm not in charge

Well, here goes (sorry if shouldn't!).......

Requested quote
Gave quote
Wanted it built ASAP as was desperate
Started with bits and pieces that were sent and then when the main bit came through, worked through the night - just because was urgent!
Sent email saying just need final bits xx and x and then it's all done (I'd done all I could)
Got reply saying will sort out straight away
Chased and chased and chased
Called as was worried she may have no access to emails for some reason
She said that her pc was broken and in for repairs which is why she hadn't responded - end Sept. I said it was pretty much finished a while ago and would she like to have a look from my test site. She said there was no way she could get access to the internet to look.
I was fine so left it but chased again recently (left message) as thought pc would be fixed by now!
Not heard back
Now want to chase via letter!

Have I got a leg to stand on or do I just learn from this?

Hmm I would say that you did appear to have a contractual agreement for your services and if she approved stages then you should get a payment..so she doesn't actually have the site?

I would pursue it by letter with a date and if you still have no luck try the small claims procedure if the sum involved makes it worthwhile otherwise it's experience, make sure you get a small deposit and payment in stages with a brief written agreement and some straightforward terms and conditions written up

Cheers Zippi. I actually do charge deposits now and have small contract put together. I learnt from this. Problem is I never intended to set up business, it just sort of happened with loads of enquiries about my own site and basically it went from there!

Will do a letter and not mention legal stuff at this stage I think.

Thanks

No, via ebay. It's not that she's seen it and decided she doesn't like it. The wording on a text I had is this....

"Hi Helen, my computer is terminally ill at the mo. gone 4 repair but looks like may need to invest. how far u got with site. may have to holt. on school run at mo. not home till late 2nite. try call u 2mrw"

This was received at end of Sept but when I phoned and spoke a couple of weeks later, she told me that it was a new pc and shop were fixing it (no charge)??? Doesn't make sense why she would want to holt then! She confirmed she definitely still wanted it and would be in touch as soon as the pc was back.

She hasn't even seen what I've done. Don't know whether to just send a polite letter for now (that's the real me - don't do mean) and then see what happens or whether to be a bit firmer so she feels she had to go ahead.

I don't want to make someone pay for something they can't afford but I'm also in need of the money and I spent hours and hours working on it!!

Glad you were happy with your site She's very good isn't she!!

I think it's the money too. Will write a polite letter and try and get confirmation of her plans and take it from there.

Thanks everyone