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Jo C.
Jo C., Barrister
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We out sourced to Indian they completely messed up and say

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we out sourced to Indian they completely messed up and say 100% money back policy no questions. We detailed the two month delays and the poor service we asked our deposits back and now they are threatening to sue. What should we do? Is it even possible for them to sue it 6k
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
I presume they are based in India?
Customer: replied 1 year ago.
they are - the cost of action against us surely will be massive
Customer: replied 1 year ago.
Hi Dale,Everything was going smooth, as soon as my team started following up on the payments , you chose to block the access to the servers and remove the communication histories.
Kindly note we have all the histories of communications via Skype,Trello and all the data files uploaded to your server through Github and all the signed Scope of Works which would be addressed by our legal team against FDC & individual employees who have involved in code theft, cheating & mental harassment due to this act of you & your team.You have all the pending invoices sent in by my finance team. Kindly clear them in 2 working days to avoid legal action.Kindly consider this as a pre-jurisdiction notice from our end.Regards,
KaartikOn Thu, May 19, 2016 at 4:38 PM Dale Moreton wrote:
Without PrejudiceDear Kaartik,I’m writing to inform you that I’m completely perplexed as to the mess your company has left me in. We came to you to provide development services that we require for our clients and project work. All of the projects are defective and do not work properly, the styling is not acceptable and we have had to put hours and hour of our own time into remedying these issues and flagging up all the problems. No QA has been perform on any of the work that you have undertaken and its been down to us to spend hours of time telling you what is wrong with the work and this is frankly unacceptable.Projects months and months over the time you said they would be completed, we have a legal letter from a client whose work was to be completed on the 25th March 2016 and is still not working today (19th May 2016). In good faith we have paid you 50% upfront for projects so far and they have not been delivered even close to the specifications that we have provided. The coding standards are poor and we have now completely lost faith in your business.We are now faced with A, Legal Action from our clients for the poor quality of work and delays B, We are having to pay another resource to complete the project work and sort out all of the mess.We have paid £2745.50 in advance and as per your web site, stating "Infigic offers the strongest return policy in the business. We offer a full 100% refund to our customers, if the order is not completed on time or if doesn’t meet our client’s satisfaction levels.”Two months ago you informed us these project/s would have been finished and they are not. The ones you claim to have completed we have had to go in and sort out all of the styling, fix problems and therefore they are not completed to the standard we expected. In fact we have made a massive loss on all of these project as we have had to return money to clients and spend our own time on weekends fixing the problems.We have had to put £5000 of internal time into managing the issues and poor quality of work, therefore I will accept £2000 by return as per your refund policy.You are required to send this money back to us with immediate effect, your access to all resource of FDC has been removed.If we received this money today we will accept this as full and final settlement and will not take legal action against your company for loss, damages and costs. We will take legal action if this is not agreed and sent to us today.Any access attempts to our systems we will inform our local Police authorities.I look forward to receiving the £2000 by return – Paypal***@******.***.Regards
Dale Moreton
MANAGING DIRECTORHead Office Leicester
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Customer: replied 1 year ago.
Read email to him first and then his reply
Expert:  Jo C. replied 1 year ago.
In that case it is not realistic I’m afraid. Suing cross border is possible but very expensive and hard to enforce. For £6k it is just plain not likely to be worthwhile. There is no way around it. You could sue in India but then you would have to show that they are in breach of domestic law. I do not practice there so cannot say. Most modern jurisdictions have a broadly similar form of contractual law so it is probably not wildly different. You could sue in the UK. Part of the contract was performed here. But then you would have the problem that even if you won you could not enforce. Presuming India recognises competent courts you could try to enforce a CCJ on the basis that the UK is a competent court. Sorry but that is the reality. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
it works the other way them suing us? I'm going to just ignore them
Customer: replied 1 year ago.
I'm more interested in his threat
Expert:  Jo C. replied 1 year ago.
he is not going to sue you from India. It is not cost effective.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help
Expert:  Jo C. replied 1 year ago.
No problemAll the best.