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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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I bought a website off a design company and when speaking

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I bought a website off a design company and when speaking with the Managing director before purchase, I was informed via email that the website would be built in no longer than 12 weeks.
I purchased the website in December but it took 4 weeks to get the first design through despite the blurb you get saying this should only take 1 week. It then took until May 18th approx until the handover of the website. In that time i had to pay monthly website fees from week 8 including on products that have still not been implemented.
So in all the time that has passed i have been paying for services on the site that still are not operational.
I have since found out that i have not received a free upgrade that i was due (This is the reason why i purchased the site, when i did). I also dont see why i have to pay the fees for the past 5 months on services that are not operational.
Do i have a case to take this to court and get my money back. Plus i have a 24 month contract, should i keep on paying if a i do take them to court
Submitted: 11 months ago.
Category: Law
Expert:  Alex J. replied 11 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. How much exactly is the total loss you have suffered? Did you sign any terms and conditions? Kind regards AJ

Customer: replied 11 months ago.
Hi AlexYes i believe i did e-sign terms and conditions, At the moment i believe i am out of pocket by around £6000 inc VAT. However in total i have spent over £10,000 on the whole website because there was an initial fee to begin with of over £6000 inc VAT.It depends on if i am entitled to any or some of the amount back + if i can break the contract and get the full amount back.This is the link that i signed, If you click on the right it tells you of every element that would happen and then at the end i must of signed under the sign tabhttp://proposals.digital-trip.co.uk/proposal/1023985/640b1fb08772a6adce8c79f06cc98d73c1ae064e/
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. Did you ever agree the deadline with them in writing? Are you actually receiving any benefit from the services? Kind regards AJ

Customer: replied 11 months ago.
I do have an email from the managing director saying that the website will take typically 8 weeks to build max 12 weeks. I also have an email confirming the upgrade. In terms of benefit. I am paying for GDS which is scheduled flights, that has never been implemented and also reward points system, that has never been implemented. The website itsself is now live but, flight prices are completely incorrect. The aggregater who provide the feed which is muticom say they do not know why this is, digital trip say they do not know why this is. So at the moment i cant market the site properly because the prices are just so out. I know digital trip will blame that on a third party connection, so will get out of responsibility that way
Expert:  Alex J. replied 11 months ago.

Thank you. If they have provided the service negligently then potentially you have the following claims;

- A breach of contract for failing to deliver the service on time or in a reasonable time;

- A breach of the implied conditions in S.13 of the Supply of Goods and Services Act 1982 - this is an implied term that the service is supplier with reasonable care and skill,

As both of these are a breach of contract you could sue to recover any losses that are a reasonably forseeable consequence of the breach. Baring this in mind how could the situation be remedied? Would you need a new service provider? Would you be prepared to continue using this company subject to a discount? I look forward to hearing from you. Kind regards AJ

Customer: replied 11 months ago.
Thanks Alex.I have also since found out that Digital Trip are not PCI compliant. PCI has something to do with customers Data i believe. This has implications for my merchant account. Basically if the company got audited and found that the website developer was not PCI compliant then potentially they could take the merchant facilities away. I understand that they are trying to rectify this because they have developed a lot of websites and they have to be but at the time of purchase they did not think they needed to be. (If all that makes sense).I cant decide if I would want the full amount back which is around £11,750 (i checked my accounts last night) or I would be happy with some form of rebate. The first option seems the best however i would need to know what happens to the remainder of the contract. Would i still need to make my monthly package fee so that i dont break y end of the bargain, or do i put a stop to everything, explain i am taking them to court etc.How much would it cost in solicitors fees to do this, plus would i get the costs back from them, if i won?
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. The rebate or refund is only an option if you carry on working with them. Did the specification include the PCI compliance? Given the sums involved this may be limited to a small claim in which case costs are fixed - so you might consider bringing the claim yourself. As a starting point have you written to them and explained your issues and concerns that the product provided is not fit for purpose? Have you asked for a refund? Kind regards AJ

Customer: replied 11 months ago.
Pci Compliance is a given when you take merchant payments. It wasnt down anywhere because they did not understand they needed it. However this is a big tech firm and have developed a number of travel websites. I have asked for a refund for the amounts that i have never had installed on the site. There has been no response as of yet
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. You can start a money claim here

https://www.moneyclaim.gov.uk/web/mcol/welcome

If they refuse to give you a refund, you can explain to them why they are in breach of contract as detailed above and if they do offer a refund within 7 days you can commence a court claim against them.

In relation to the monthly service, if the site worked would this be of any use? Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thanks for the advice, I shall see how it goes

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