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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
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 1 year 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 1 year ago.
OK.
So what are you hoping to achieve?
Customer: replied 1 year ago.
To get my money back or the website
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year 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 1 year ago.
It is a small claims court sum so cheap enough to sue.
Customer: replied 1 year 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 1 year 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 1 year 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 1 year ago.
Sorry but I'm not sure I see a breach ?
They gave you the website?
Customer: replied 1 year 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 1 year ago.
That does change things.
Is the website still available for you to use?
Customer: replied 1 year 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 1 year ago.
Ok. But is it still available to you for use?
Customer: replied 1 year ago.
No that where the problem is. No website St all. They can't find it.
Expert:  Jo C. replied 1 year 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 1 year ago.
I want to know v what to tell the judge to fortified my case
Expert:  Jo C. replied 1 year ago.
To be wholly honest, I'm afraid that your chances are fairly low.
This is a defunked limited company.
Customer: replied 1 year ago.
Okay thanks.
Customer: replied 1 year 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 1 year 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.
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