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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Hi, I have done a website and some software for a company

Resolved Question:

Hi,
I have done a website and some software for a company but now it seems like they will refuse to pay me and have gone down to see their solicitor.
I have an email where I have sent to the person stating the cost of 2 things and he has replied to that saying
"Thank you very much for all your help
When can we meeting next time
We will discus about how I can pay for you"
Those were his exact words to which I have replied no problem about payment feel free to pay once finished. - which was in March
However, I also have an email in Sept/Oct where they have now said they dont want the software and now have gone to their solicitor
My question here is how good is his email for me and can I claim my money
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Can you tell me how it came about that you did the website for them. Did they agree to pay you at that point?

Customer:

Hi,

Customer:

We had a face to face meeting then I followed that meeting up with an email that states

Customer:

Just following up on the conversation we had the other day.

I know that you would like a temporary site up as we discussed this is fine I can do this no problem at all, and will do it for £100 when I receive the information required from Lata I will sort this out.

But in terms of the software we havent actually agreed on a price as of yet, as previously suggested my cost for this software is £3000 a one of payment please confirm if this is ok with you and that as we agreed that the latest you would like this to be completed is beginning of May 2014

I look forward to your response

Customer:

to which he replied

Customer:
Thank you very much for all your help

When can we meeting next time

We will discus about how I can pay for you
Customer:

hope this helps

Customer:

?

taratill :

Hi so did you have a further discussion before you designed the website?

Customer:

yes yes I have many emails

Customer:

sorry this is more about the software and website

Customer:

many emails discussing that software was priority then website was then they changed to software

Customer:

they also changed the requirement for the software and wanted receipt printing on a receipt printer and i said i cannot do this you have a choice to use what I have made and then I can analyse how we can implement this or u can go else where to which they replied no no lets do the software and we can discuss website later

Customer:

does this help

taratill :

Hi sorry for the delay. I am confused as to your situation. Can you tell me:

taratill :

a) what you were asked to do for them?

taratill :

b) what you did for them?

taratill :

c) why they are now saying that they do not have to pay you/ don't want the software?

Customer:

Hi Sorry for the late reply but here are the answers



a) what you were asked to do for them?






b) what you did for them?







c) why they are now saying that they do not have to pay you/ don't want the software?



Customer:

Hi Sorry for the late reply but here are the answers



a) what you were asked to do for them?





b) what you did for them?






c) why they are now saying that they do not have to pay you/ don't want the software?




Customer:

sorry pressed enter give me 2 mins and i will have all the answers back

Customer:

Hi Sorry for the late reply but here are the answers

a) what you were asked to do for them?
1) Website personal complete and live
2) Booking software 90-95% complete
3) Website for the Salon - asked first for a temporary one (quick and dirty to bring a presence) and then change to perm

b) what you did for them?
I worked on all 3 of the above

c) why they are now saying that they do not have to pay you/ don't want the software?
They havent explicity stated that they do not want to pay but I have been told they will not reply to my emails
as their solitor is dealing with it
I can be 95% sure its because they do not want to pay, I think their excuse is its taking to long
But I have email communications with them from septemeber stating requirements changed and if they want
they can get the software elsewhere but they have replied no its ok he has asked if you can deliver the booking system as soon as you can and thereafter look into the use of a receipt printer.

Customer:

hope this helps

taratill :

Did you prepare a written quote for the work that you did and did you have any payment terms saying when payment for doing work should be made?

Customer:

one second

Customer:

i sent them this email for the software and personal website

Customer:



Just following up on the conversation we had the other day.

I know that you would like a temporary site up as we discussed this is fine I can do this no problem at all, and will do it for £100 when I receive the information required from Lata I will sort this out.

But in terms of the software we havent actually agreed on a price as of yet, as previously suggested my cost for this software is £3000 a one of payment please confirm if this is ok with you and that as we agreed that the latest you would like this to be completed is beginning of May 2014

I look forward to your response

Customer:

this is what i sent him

Customer:

he replied

Customer:
Thank you very much for all your help

When can we meeting next time

We will discus about how I can pay for you

Customer:

so i replied

Customer:

No worries about helping at all.

In terms of payment it will be ok for once i have delivered what you require and then pay me, if this is ok for you, then what i would like to do is arrange to meet in a few weeks time so that I can make more of the system and show you.

taratill :

So what has happened since the last email?

Customer:

that email was back in march

taratill :

Ok so there was no further communication to say that he did not agree to the £3000 quote?

Customer:

since then I have completed his personal website and almost 90-95% of the booking software accomodating a lot of their changes

Customer:

I have even gone and shown them the software

taratill :

Ok but was there any communciation to say that they did not agree to pay £3000.

Customer:

100% i do not have an email to date that states from them that they will not pay

Customer:

also

Customer:

for the temporary website i sent an email title Website Quote which states this

Customer:

Hi Neena,

Please can you forward this to Asaymi and Hiro, sorry I lost the Salon email address.

This is what we plan to do, please let me know if I have missed anything

1) Create an initial page or two with - try get this done asap, nothing over fancy but something that looks decent
- Contact Us
- Home page
- Price list
2) Then over 4-6 weeks get the full site up, with
- Contact Us
- Home page
- Price list
- Stylistist
- Better Images
- Anything that I have missed from the above list

For this kinda of work I would usually charge around £3,000 in total, but because its Hiro the quote will be £1,500 please let me know if this is ok and i can start asap

taratill :

Ok did they ok this?

Customer:

Neena is there salon manager to which she has replied copying in both owners

Customer:

Hi Ravi,


I would like to confirm, please go ahead with the website as soon as you can.

Customer:

she has replied i would like to confirm please go ahead

taratill :

Ok thanks, ***** ***** case Ravi they are in breach of contract if they fall to pay you., you need to write to them (or their solicitors) asking them to pay the money they owe you or you will sue them in breach of contract in the county court. You should give them 14 days to pay and if they do not you can raise a claim at money claim online www.mcol.gov.uk

taratill :

Is the relevant website.

taratill :

If you would like to know anything further about this please do let me know.

Customer:

ok

Customer:

but

Customer:

this is the latest convo i have

Customer:

will this change anything

Customer:

i recieved this on 1st oct

Customer:
Dear Ravi,

I have spoken with Hiro today and he is concerned about the amount of time it is taking to have both complete.

Can you give us a derivative time that the website and software will be complete?

What do you need from us to make sure everything gets completed as soon as possible?

I understand we still need to purchase a hosting package for the salon website, can you let me know what it is I need to do for this so that there is no more delays.

In terms of the software, what is left to complete and how long do you think that will take?

Our priority is to have it in place as soon as possible. Are we able to use the software without the receipt printer while you work on that? Are you able to deliver what you have for this Saturday or Sunday?

Look forward to hearing back from you.

Customer:

i replied

Customer:

Hi All,

Let me start off by saying I understand your concern about how long this is taking to complete.

However, I would like to state that I am actually disappointed and a bit concerned to why I have received this kind of email.
The reason being is that:



  • In terms of the software and delay - We had many change of requirements that have caused this delay and I actually have not said it would cost you more



  • In terms of the software and delay - I got told on at least 2 different occasions that stop working on the software and please complete the temporary website for us

  • Temporary Website - When I did create the temporary website I got told that you would like some background image and to start working on the software again

  • Before the Temporary website there was an instance as well that I got told to stop working on the software and create http://www.hirohairdresser.com/

  • Above all this I have kept you in the loop all the time in terms of whats the progress and whats getting effected and not actually pushed back on price or time.


Going on to answer your questions below
1) I will not be able to complete the software for this weekend due to the changes



  • Receipt printing - i will keep this simple as possible but put all the information you need on it it will not be on receipt printer

  • Remove certain fields on invoice page

  • Add certain fields on invoice page

  • Tab for "Price Lists"

  • I will be able to get this finished by end of day 12th October 2014

  • Please let me know if this is ok or not ?


2) In terms of the website I have tried many times to provide examples/designs of what I think would be good but I have had no feedback on this at all therefore I feel like I am actually going in blind.

The only examples I got was the few websites that we went through while I was there and you like the navigation which I made the temporary site to.

If you would still like me to do this then I would suggest we do this AFTER the software has gone live

It seems like your priority is now software and since this is the case I will complete this by end of play 12th Oct, if this works for you.

Looking forward to prompt response

taratill :

No if they did not make a timescale a priority from the outset it does not.

Customer:

just states asap

Customer:

but also they replied

Customer:
Dear Ravi,

Thank you for your email.

Please see the points below following on from your email.

Temporary Website is now our priority and this will not change;



  1. The one which you showed to Hiro and Asami when you visited a few weeks ago is fine, but please could you change the background to the vintage mirror look.



  2. What do we need to do to have this website up as soon as possible?



  3. When do you think we could have this up?



After the temporary website is up can we have a meeting with you to discuss having the final website completed and up and running and anything which you need from our side.

In terms of the software we will not be going ahead with it.

Please forward on the invoice for the work which you have done for Hiro’s personal website and all other works which you have completed.

Kind Regards,

Customer:

and finally i replied

Customer:

Hi All,

Many thanks for the reply.

In terms of the software is extremely disappointing that this has finished this way and all of a sudden without actually any valid reason known to myself. However, the choice is yours as always.
As you know the original amount agreed for this software was £3,000.00 in total.
I have come and shown you that the software is 95% complete and this is because receipt printing not complete, which was a change in the requirement.
Based on this my charge for this would be £2,850.00, however as a good will gesture I am prepared to drop the price to £2,700.00.

In terms of Hiro's personnel website (http://www.hirohairdresser.com/) the price agreed was £500.00 in total.

In terms of the Website for the Salon the price for this is £1,500.00 including both full and temporary website.
Requirements for this website are:
1) Temporary Site with the following pages:



  • About Us - Please provide me the content that you would like me to put here

  • Price List - Please provide me a full price list

  • Contact Us - This page has your salon address with Google map shown on it

  • Same as what I have shown you but with the vintage mirror as the background on all pages


2) Full Website with the following pages



  • Pages mentioned above for the temporary website

  • Plus a page where it shows who is working in your salon


This is what was agreed originally if this changes then the price may change

I don't mind starting work on this ASAP and completing the temporary website within 2 days but I would need the following payment first please

1) £2,700.00 - for software
2) £500.00 - personnel website
3) £750.00 - 50% deposit for the Salon website. 50% upon completion
4) Total = £3,950.00

I can not accommodate for any delay that is not due to me this includes:
1) You not providing material
2) You not providing any answers to any questions that may arise asap
3) Any delay from the Server Company

I will also guide you to what to get from the server company without any charge

Please let me know when the payments can be made and once I receive the payments I will complete the temporary website with in 2 days.

Customer:

then i got the email to say there solicitor is dealing with it

Customer:

the numbers might be different to original quote but i can accept that and change i have no problem

Customer:

do i sitll have a valid claim

taratill :

Well if you have done 95 % of the work on the software then you can claim the money back. They are not entitled to change their parameters after you have commenced work. I would suggest you send the letter in the manner I have suggested.

Customer:

plus due to the stress I have had to take time off work and on top i would be able to inovice them my costs

Customer:

thank you very very very very much

taratill :

No problem, please remember to rate my answer and do come back to me in the future if you need to.

Customer:

u have been a massive help I will be leaving 100% positive feedback

taratill :

All the best with it.

Customer:

this is my first time so i will figure out how to rate and rate

Customer:

thanks again

taratill :

No problem.

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