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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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othHello I completed some photography work for a web designer

Resolved Question:

othHello

I completed some photography work for a web designer and at the time the agreement was that the fee would go towards a new website for myself. I have since decided not to go ahead with a new website but the web designer is now saying that i cannot invoice him for the work and that all i have is credit with him which is worthless as i dont need anything doing?
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.

How can I help with this please?
Customer: replied 3 years ago.

I completed some photography work for a web designer and at the time the agreement was that the fee would go towards a new website for myself. I have since decided not to go ahead with a new website but the web designer is now saying that i cannot invoice him for the work and that all i have is credit with him which is worthless as i dont need anything doing?

Customer: replied 3 years ago.

i should also mention the photography work was completed for one of his client so i presume he has invoiced them for the work and been paid.

Expert:  Jo C. replied 3 years ago.
Ok.

So what is your question about this please?
Customer: replied 3 years ago.

how do i stand legally in terms of invoicing him for the work - does he legally owe me the fee for the job (i have not recieved any payment for it and dont want the credit) or is he within his rights not to pay me and keep the fee as a credit for future work (which i dont want or need?)


 

Expert:  Jo C. replied 3 years ago.
I am sorry but its fairly bad news.

If the agreement was clearly that your fee would go towards a specific form of repayment and that form of repayment is being offered to you then I'm afraid that cannot be refused in favour of money.

Contracts are about forcing people to comply with their promises. Sometimes oral contracts are very badly negotiated and there is room for uncertainty. If there is uncertainty then there can be a claim for the value of the job.

However, you seem fairly clear here that what was agreed was that your fee would be donated towards something else.

I am very sorry.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

so what can i do in terms of negotiating a payment instead of the worthless credit?

Expert:  Jo C. replied 3 years ago.
I am really sorry but I cannot see how you can do that unless he agrees.

What was agreed is available to you. I do understand that its no longer a payment that you want but that isn't a consideration for the contract.
Customer: replied 3 years ago.

it was never on paper agreed just verbally??

Expert:  Jo C. replied 3 years ago.
A contract can be verbal. Most contracts are verbal.
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