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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69532
Experience:  Over 5 years in practice
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I am suing ex directors of a website design company

Resolved Question:

i am suing ex directors of a website design company for breach of contract. they dening responsability. what can i do?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
To achieve what?
Customer: replied 12 months ago.
The Web designer fail to give me my website as per the contract or to give me back my money which is 1900 + they said that they do not know where the Website is.
Expert:  Jo C. replied 12 months ago.
OK.
So what are you hoping to achieve?
Customer: replied 12 months ago.
To get my money back or the website
Customer: replied 12 months ago.
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Expert:  Jo C. replied 12 months ago.
OK. In that case just carry on with the small claims court case. The court will not order that the website be handed over but you can recover the money if things are as you say.
Expert:  Jo C. replied 12 months ago.
It is a small claims court sum so cheap enough to sue.
Customer: replied 12 months ago.
I am not sure that I can win. The directors will use solicitors but not me. I want you to reference me to a legislation that back my claim. The term of the contract said that the website is my property and I can claim it. One of the directors is dead and the other one has moved to a different job. The two directors where husband and wife. The surviving espouse said that she left the company and is no longer responsible. But during the design and fees paid she was in charge. They said the company no longer exit but it is live online. I need more help with this
Expert:  Jo C. replied 12 months ago.
It is not really governed by an act of Parliament.It is just a simple breach of contract. You say you paid for something that you didn't receive.If this is a limited company then it is the company that you should be suing and it will protect it's directors unless you can show some form of fraud.If the company has been disbanded and you cannot show fraud then your claim dies with the company unfortunately.
Customer: replied 12 months ago.
They provided the website. But i wanted the website return to me which they said they don't have it anymore. They don't know where it is.
Expert:  Jo C. replied 12 months ago.
Sorry but I'm not sure I see a breach ?
They gave you the website?
Customer: replied 12 months ago.
No they designed the website I used it. The term and condition said that when I request my website which belong to me not to them they will send it to me on a CO. When I requested my website because I no longer wanted their business, the director promise to returning to me.bi have written prof and the term of condition which clearly said if I request my website they will give it to me.
Expert:  Jo C. replied 12 months ago.
That does change things.
Is the website still available for you to use?
Customer: replied 12 months ago.
That where the problem is they cannot find the website or burn it in the cd as per the term and contract read. One of the director said she left the company so not responsible to me. The dad of the decease director said his son is dead so I do not have a claim.
Expert:  Jo C. replied 12 months ago.
Ok. But is it still available to you for use?
Customer: replied 12 months ago.
No that where the problem is. No website St all. They can't find it.
Expert:  Jo C. replied 12 months ago.
Well, then you would have a claim against the company for your money back if they were limited.
If the limited company is defunked then you can only sue the persons behind it if you can show bad faith which is a high test.
Customer: replied 12 months ago.
I want to know v what to tell the judge to fortified my case
Expert:  Jo C. replied 12 months ago.
To be wholly honest, I'm afraid that your chances are fairly low.
This is a defunked limited company.
Customer: replied 12 months ago.
Okay thanks.
Customer: replied 12 months ago.
But you said I can sue the people behind is that correct? Can I sue the next of skin of the decease director also? If they are acting on his behalf?
Expert:  Jo C. replied 12 months ago.
Only if you can show fraud.
It is difficult to do that.
I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69532
Experience: Over 5 years in practice
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