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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I was having a website designed and hosted By a company.

Resolved Question:

Hi I was having a website designed and hosted
By a company. 2 months ago the website was not
Finished and it was showing on the web. Then it got
Taken down as he had not paid the bill with the web hosting
Company. I got fed up trying to contacting him,email,texts, phone
And his house. I contact the hosting company and after a lot of hassle
I have managed to transfer the domain names to my account as they had
My name on them. The hosting company have said they can not transfer the
Website files as they are not allowed to. I have paid him in full and the website
Is not finished. He has broken the agreement with me. So I am £1000 out of pocket
And I don't know what I can do. Can you advise me please. Lorna
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you any contract at all with them please?

Customer: Yes I have but the the terms really just say about the domain names.I can email you the doc if you would like.
Alex Watts :

How did you pay for the £1000 please?

Customer:

I paid it in amounts over a period of time in cash but I have some receipts for some of it. which I have here as well.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

Thank you for the information, but the guy is a one man band and he has nothing. As I have spent a lot of time since we started this in November 2013 the website was nearly completed, it was up on the internet , but isn’t anymore. What I really want is the website as it is nearly finished. To do this I need the access codes. The company who servers it is on are telling me that they are not allowed to copy them as it is against the law. I really don’t want them to copy them just transfer them to me. Have you any suggestion on this.

Alex Watts : What you can do is seek an order the
Alex Watts : What you can do is seek an order that the website files are transferred to you.
Alex Watts : So you can claim a refund as well as the source code files.
Alex Watts : That will enable you to host elsewhere.
Alex Watts : Does that clarify matters?
Customer:

This means I go through the process that you mentioned above is that correct ?

Alex Watts : Yes indeed.
Alex Watts : Does that clarify?
Customer:

Just one other thing, the guy who was designing my website was hosting it on 1 and 1 do I get the order against the wed designer. he might try and destroy it. before hand or do I get it against 1 and 1.

Alex Watts :

If the website is hosted he will have the files as well as the designer.

Alex Watts :

But its against the designer.

Alex Watts :

A Court would take a dim view if he then tried to dispose of them

Alex Watts :

Does that clarify?

Customer:

Thank you for your help. If I have anymore question can I come back

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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