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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We've recentky let the marketing company we use go. They are

Resolved Question:

We've recentky let the marketing company we use go. They are not providing our source material for any designs they did for us. There is nothing about this in their ts and cs? Are we correct in asking for it?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

for now please let me know whether they did the design or was it material you provided?

Customer: It was either updating existing material or creating new designs for the website
Alex Watts :

Ok- so in short they did the work, have I understood?

Customer: Yes
Alex Watts :

Its bad news I am afraid. They are entitled to with hold the material until you have paid.

Alex Watts :

They have what is called a legal lien over the property. Therefore this means as they have produced or updated it, they are entitled to keep hold of it.

Alex Watts :

It is the same if you went to a printers. they own the image but you own the printing plates.

Alex Watts :

The same thing.

Alex Watts :

So sadly they are allowed to keep hold of it.

Alex Watts :

All you can do is ask them again and if they refuse seek a court order making them deliver it

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: So even though they have been paid on a monthly basis to do this, we still have to pay extra for the source code?
Alex Watts :

Sadly yes, they own it, unless otherwise stated.

Alex Watts :

You could always try and seek a Court order making them deliver it to you

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And submit it to the Court. You are asking the court that they 'deliver up' the source code.

Alex Watts :

If granted and they refuse then they can be warned, fined or sent to prison

Alex Watts :

So this is also an option for you.

Alex Watts :

Does that help?

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