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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44955
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am facing a difficult/corrupt client - who has taken

Customer Question

Hello, I am facing a difficult/corrupt client - who has taken 8 days of my time and efforts in a 3 month signed contract - that is on a day rate basis and there is no email/agreement for conditional payment upon client's acceptance of service/products. Yet, I can claim and have sufficient proof that this IT services company (client) has made me work - stopped me from completing and passed it to another developer and terminated the contract. They have done this to another contractor recently and quite interestingly the developer who was to take up my deliverables - also resigned and reached out to me separately as they are not paying him for 4 odd days as well... I am not even asking for notice days pay which is specified in the contract. I have had several emails with this client - and only on insistence of payment - he has reacted with non-satisfaction and not completing in set timelines etc - which were never agreed upon verbally or in writing/email ever.. The client is running the show by his whims and keeps changing his stance. In one formal email he says Nothing was delivered and when I stated I will prove in court that I have the proof (even inviting him to get my code reviewed independently) - he is saying in the next email that it is only nominal and not what he expected - all of which can be proven false. -- My concern is he knows he is liable to pay - but if I start a small court case - he will deflect, waste my time and money and eventually settle but cause grief in the process; so based on such description above - what would be the confidence level to get a firm and quick judgement from the courts, please advice as reasonably can be possible - Without prejudice, A.M. , London UK.
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello what are you ideally hoping to achieve here, just get the money owed?
Customer: replied 8 months ago.
Hi Mr Ben, Yes to get paid for the 8 days I have Invoiced and worked. Not a single day more - even though the agreement required 7 days of notice. I am not interested in it, nor have they asked it from me. They are completely disowning "any liability" (words from the client's emails)
Expert:  Ben Jones replied 8 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Thanks for your patience. First of all no one can guarantee that will get the judgment you want or in the time you expect. Regardless of the fact you may be in the right and eventually be successful, each party has the right to put their case forward and challenge the other side. A court would not be operating within the interests of justice if they simply cut off one party early from trying to challenge the case. My concern here would be that you are dealing with some technical and complex matters (code) which would not necessarily be easily understood by a judge and they may need to look into the issues in more detail to satisfy themselves of the disputes before making a decision. It could even involve getting an independent third party to comment on what the deliverables were and if they were completed to a satisfactory level. So you will always be taking a risk of not getting the outcome or fragging this out further than anticipated and you cannot predict that before starting the claim. Unless you claim you would not know. What you could do is start following the pre-claim process and even issue the claim, with each step the other side may change their mind and just pay you as the time spent to defend this may be more valuable to them and it would make more financial/commercial sense for them to pay up.This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to progress this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 8 months ago.
Dear Mr Ben, I appreciate your comments on my current position - which I have no doubt requires a small court claims. But there are arguments about code which this client has contradicted himself on in the emails exchanged in the pre-claim process till now - the last day was only 8th March 2016. Nevertheless, I think I will keep this open for now, if you are fine. And towards a more concrete case build up - I may want to seek advanced consult with you. - I hope you will trust that when I need further help I will reach out to this thread again. For now, I cant rate this - since I think I need to prep a bit more myself. Thanks & Regards, Aaseaf PS: I was hoping you'd tell me how the case stands irrespective of the code - because there was a possibility that I didn't keep a copy and this client has already stated that nothing was delivered - but he is lying he knows that and corrected himself to say it was nominal. This project was not a fixed price based on deliverables acceptance, it was a contract of 3 months paid by the day of engagement - not based on the ratings! simply billed by the time I was engaged.
Customer: replied 8 months ago.
Sorry, I was also hoping you had many more questions for me - including a case file or zip file with all confidential information about the case :) ... Or may be I am expecting too much...I can assure you I feel my case is much strong than that client - because he has already done this with two other people more recently.. He stopped me from continuing to work and passed my code to another developer - who actually has sent me my own code (I had not taken a copy before leaving!) ... Since, that guy also resigned seeing much chaos that this client is capable of creating. Another problem is this client has done this sort of things to others and knows its a cumbersome process and will just for the sake of fun, want to keep extending the case - since eventually he might settle but all the costs will be from my Invoice and my pockets too ....
Expert:  Ben Jones replied 8 months ago.
Hi, I think you will find that there are going to be limitations to our service. It is very difficult to tell you how a case stands and what tour prospects of success are from one paragraph of information. This really is something which needs to be done in person by conducting a formal case analysis, which we cannot do. So whilst I can discuss basic position and rules, procedures, etc I cannot really give you detailed advice on the case. So you are welcome to keep this on and come back to me in relation to the legal position and rules and procedures in relation to court but that will likely be the most I can help with on here. Thank you
Customer: replied 8 months ago.
Dear Ben, Thanks for this - I will reach out soon - in working hours tomorrow or day after. Kind Regards, Aaseaf
Expert:  Ben Jones replied 8 months ago.
No problem, thanks

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