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Ben Jones
Ben Jones, UK Lawyer
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This is a question in matter of Custommer Rights and service

Resolved Question:

This is a question in matter of Custommer Rights and service not received. If it's bad service or even good one I can pull out from the agreement in certain time or condition, don't I?
There's situation:
I'ma business and approached IT/WebDesign company to "prepare website with link to the Ebay shop or so" That's the citation of my described order.
We had no agreement, in emails we had specification of what's to be on the bill. It came upto arrangements of £600 for the website and £50 for creating logo. We said yes. We gave the Chap some websites as examples what we think of.
It was to be ready in couple of weeks. It was December 2015 agreed, then in new year he designer asked for £250 in advance so he will start working on the website. (All we new he said he will work on Woocommerse and wordpress) WE received invoice for £250 and paid it.
We came to draft stages, we were no happy. We saw not any company website, but just shop-online only! We kept waiting to see the bit about company , but nothing was coming up and he stopped work for while saying that he worked "on the website which best suits our needs in his opinion". That we accepted it as it is- we never. We never been offer any webs as portfolio to make our mind or choice BUT we never ordered A SHOP FOR ONLINE SELL! SO WHEN WE INSISTED on changing it round so it introduces company, what we import and then eventually to see shop as attachment- he fumed saying we talk about 2 different websites and he stopped working. We also asked for his advice that it will need to match with multi-channel software. He stated he new nothing and will not give advice on that. To make story shorter the designer was messing with website till end of April, I had enough. I told him to give up as that time lost costs my company money as long as I don't appear in google, I'm not trusted business and can not make any business offers/progress.And also my recent research showing that the scheme he builds the pages on will give me very limited choice of multi-channel connections.I said that I needed website, in the agreed timescale , but no more after 4 months! I said that just scheme-shop we can do over night which will fit purpose and will be modern with all options to Facebook etc. Just same time before finishin with amendmends he sent me an invoice "reminder" of outstanding £650 to pay. It says for Website design and its publishing. And for logo and reduced of deposit.
I didn't get it first- I believed he expects £650- 250 paid. But no he increased the invoice amount without prior notice and expecting clearly £650 on top of £250 paid in advance. I disagreed with his math skills and he then switched my email off, ereased the temporary drafted web, just kept occupied domain we purchased for the purpose of website.
And sent me threat that he will sue me to "pay for his time the £650" even I don't need the website anymore.
I believe that:
I am on win as being customer and it's distant selling and I got my rights.
I need my ordered service to meet my requirements and the timescale agreed. I need to have it done properly and for the cost agreed. (The seller of the service never gave my any options to make a choice from- we sent websites as examples but he never adhered to any of these).
I need the invoice in amount agreed not topped up freely
I am able to pull out from the purchase of service in certain conditions which I believe attaches to our case.
I did not get the service I ordered. Not the kind of web I ordered. Not only website was old looking, with bad navigation, non attractive.
Prepared in 4 months not 2-3 weeks as agreed.
Never delivered, because website WAS NOT PUBLISHED. It was never live yet.
Next hen he disconnected my new email attached to 2 of my own product websites. He was trusted webs details to link them with our future company website when ready.
He blocked them which were/are our own property not his. So they stopped being accessible on-line either.
Am I right that I'm entitled to pull out of the "agreement" and I don't know what he wants more money for. what did he take the deposit for neither really... I am preparing to act upon, or defend myself so I made a selection of important emails with comments if needed.If you pick up the thread I can attach them.
Please advise what we are entitled to. Thanks
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.
Have you expressed your dissatisfaction regarding this?
Customer: replied 1 year ago.
Of course, and he wrote it is all our own fault as we changed his concept and he wants to be paid "for his time" regardless. And he gives us 14 days and will sue us for non payment. His invoice increased to amount never agreed, so if he had messed about the websit whole year how much would he like me to pay???
Customer: replied 1 year ago.
Here there are most emails between us and Neil to arrange and manage order. I wanted to have veryting inwriting to avoid misunderstanding to what we agreed and then still it happened! You have about 8 pages it opens from most recent towards the last page when it's writen spec. what we agreed to be billed for.
Expert:  Ben Jones replied 1 year ago.
This will not be dealt with under the Distance Selling Regs (they do not even exist anymore, they were replaced by the Consumer Rights Act 2015). This will also not be relevant to you because you are not a consumer – this is a private individual who is making a purchase for private use or needs. You are clearly a business and this service was required for business purposes so this consumer legislation will not help you. Instead you will need to rely on common law breach of contract here. This is where you have ordered something, agreed specific terms about what you want to get, specifications, technical details, etc and then the other party does not provide you with this. Regardless of any legislation, this is breach of contract, based on simple common law. So this would be the route you need to take and to rely on in order to deal with this matter here. Therefore your rights here are that you can dispute the product you have received, the bill you are being asked to pay and the fact that you are now being asked to pay a sum which was not agreed at the outset. There is nothing stopping the other side from making a claim and trying to try their luck in court but at the same time you do have a reasonable defence so can fully or partially defend this. This is your basic legal position. I have more detailed advice for you in terms of the position you face should a claim be made, 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.
Hello, thanks for brief. The thing is slightky unclear as there was no real thing as contract.- but emails. Secondly we did not receive anthing, because website was never run in the air; It was only ready up to the stage of us having temporary logging to look at what he worked on. Few times I asked for access as was not letting us access. In reality- we have no copy what his proposal/draft looked like, because it does not exist online nor is pulibshed. So in my opinion we did not received order at all.
Expert:  Ben Jones replied 1 year ago.
Hi, I understand that a formal contract may not have existed but that is certainly not uncommon. In these circumstances the contract would be whatever you can show was agreed between you and the other side and that include both written correspondence and verbal discussions, as long as it was clear that you had intended for these things to be binding between you (i.e. you made a request and they accepted it and said they will work on that). if they do make a claim against you, which I would hope it would not come to, then this will go to the small claims court. This is a special venue for small disputes and where it is not expected that you will be legally represented. So it is not as formal as a proper court hearing. You will have the right to defend yourself and this will really be a matter for you to gather the relevant correspondence, show what was agreed and what you actually got in the end (or did not get as the case may be). I the event that you do lose and are ordered to pay all or part of the fees they are after, then one good thing is that if they had used a solicitor in the claim, you will not be responsible for their fees as each side pays its own legal fees. So your potential liability will be kept to a minimum.