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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47884
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Do I have a case to dispute a website hosting charge that was

Customer Question

Do I have a case to dispute a website hosting charge that was delivered through a third party provider i.e. the company who are invoicing me? The rates were never agreed beforehand and they've added a 10% 'managing' charge for their services.
The service was only in part delivered as our website crashed during our peak sign up time (we run a campaign). This happened on several occasions). We had to seek the help of another agency to fix this problem.
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
How soon after the purchase did you dispute the claim?
Expert:  Ben Jones replied 1 year ago.
Also, did you sign a contract with the third party service provider?
Customer: replied 1 year ago.
Hello, BenI've not signed any contact with them. We've been working with them for over 18 months. They built our website and took care of the hosting for us. We've paid all other invoices on time, The ones we are disputing run from December through to March and we've challenged these with additional questions since receiving the invoices.Thanks,Jane
Expert:  Ben Jones replied 1 year 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 1 year ago.
Many thanks for your patience. There would be a contract in place for the services in question even if nothing existed in writing. A contract would be implied in any event so you would be able to challenge the provider for the service you have received (or lack of service as it happens). Additionally you could challenge any additional charges which they have levied without having discussed them in advance or if they go against what was initially agreed. In terms of your options now, you can dispute the invoices and not necessarily pay the full amount. That would allow the other party to challenge it if necessary, as far as going to court. There is nothing stopping them from doing so. However, you will have grounds to try and defend it and even if you lose, assuming the overall claim is below £10k, you will not be responsible for their legal costs. Alternatively, if you having to enlist the help of others meant that you have now incurred cots which are over and above what the money you owe the initial agency, then you can consider a claim yourself to try and recover such costs. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to pursue them for additional costs incurred, 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
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Customer: replied 1 year ago.
Thank you Ben. We are working with another agency now and moved the website and hosting. Our new company will be fixing the problems with the site - caused by an over use of plugins. They must do this as the site is far too fragile and will continue to crash if not. I trust this new company very much. They are ethically invested in our non-profit organisation and came to the rescue when the site crashed in December. The cost for fixing the problems will be roughly then same amount as the disputed invoices so I hadn't intended to claim this back - only if they pursue us legally. Thank you.
Expert:  Ben Jones replied 1 year ago.
ok good so if there is going to be no surplus in terms of expenditure hopefully you can offset that against their invoice. If they do get funny about it and decide to make a claim to pursue that by issuing a claim, then you are perfectly entitled t make a counterclaim to pursue them for the costs you have incurred as a result of the below-par service you received from them
Customer: replied 1 year ago.
Thank you Ben. That's very reassuring to hear. I appreciate your quick responses.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best