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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice
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I created a website for a client, I had mentioned the cost

Resolved Question:

I created a website for a client, I had mentioned the cost to the client at the time but had nothing written down. at the same time the client was my accountant who did my tax returns. It came about a couple of months ago I could no longer support the cost and maintenance of the website due to no time and costings, I requested some money from client who then had written they deferred the cost for the accounting fee. I have addressed this saying could an outline of all fees be given to me, but yet nothing has been given. the final email from the client is now saying there is no ambiguity and the website is a seperate matter, but they have brought the previous into the fold, the client has also sent me a cheque which i have not cashed for the website, but this is not my final figure and is part figure of what was written in the email. if you can advise how to procees


 


 


I can attach emails which have gone back and forth if need be to give a clearer picture of what was mentioned

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

I would like to know legally can they take the website and would I need to pay for any costs on there side, as its still not resolved and I am still not sure about these accountancy fees they brought into the emails

Expert:  Jo C. replied 3 years ago.
The difficulty here comes down to one issue really - the uncertainty over what was actually agreed.

You do have a claim against them for the sum you agreed. If there wasn't a clear agreement then you could probably claim the value of the work at the rate of industry accepted practice although you might walk away with your expenses and no more.

If you haven't transferred the website to them then they cannot take it. If you have then they can.

The accountacy fees are only an issue if that was what was agreed. You say they were not. He says they were. If the Judge believes him then that will be accepted. If the Judge believes you then it will not.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

In regards ***** ***** accountancy fees, they had stated this in there emails, but have now moved away from this and are saying they have sent me a cheque which has been received but has not been cashed, my issue here is at a later date if I give the website now, they will claim the accountancy fees, which could be anything, yet I have no idea what it could be as they have never clearly outlined this and I had initially made one payment when I had the company, after this point they never requested any money until i asked for payment for the website, they have now sent a letter via solicitor stating a cheque payment has been made and the site should be handed over within the next 7 days or it will go to court and I will incur all charges.


But the real issue I have if I give the site and then I am landed with a big accountancy bill afterwards, would they be able to do that, I have requested another of times that they need to give me a breakdown, in there first several emails it was threatening and stating we will send you an invoice, but now they are totally ignoring it and stating its another issue and separate to this, I would agree if they hadn't in the first place brought it up that they deferred fees for the website.


 


this is the confusion and concerns i am having.


 


where do i stand on these so called fees they are stating


 


 


 


 


 

Expert:  Jo C. replied 3 years ago.
The accountacy fees are only an issue if that was what was agreed. You say they were not. He says they were. If the Judge believes him then that will be accepted. If the Judge believes you then it will not.

Its no more complicated than that.

If it was agreed then its due. If not then its not.
Customer: replied 3 years ago.

Okay so in regard to the fees, its there word against mine, so should i not push for this anymore and just hand over the website and take the payment they have given to bring an end to this matter, should I also get some sort of statement from them that nothing is owed by me to them also and vice versa.


 


Could I make an agreement for them to sign before handing over anythign to them?

Expert:  Jo C. replied 3 years ago.
You can ask them to sign something to confirm this but obviously if they refuse you cannot force them.

Isn't the way around that to negotiate everything in writing over email or text?

if you hand over the website though and accept payment then probably that would be the end of the matter as a court is likely to believe that the payment you received was the sum due.
Customer: replied 3 years ago.

Thank you for the response, I will probably send the website to the client and hopefully that will be the end of it, but if he was to send me a bill for any accountancy fees from the past, will I have a good chance that I will not need to pay that?


 


I think that is the last question


 


 

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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