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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have got a county court judgement with the work I had

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I have got a county court judgement with the work I had agreed with a vendor of Mine, I had agreed for a product to be developed. The total Development cost was £13400 and you the vendor had paid me 75% of the total cost I.e. £10050. So the vendor asked me to refund 50% of the total development cost that comes to £6700. Since the vendor has already 25%, so the remaining amount would be £3350. They have 3 directors for the company, one of the director dealt with me and I had suggested that I would give back £1200 and they had asked me to pay back £2000 in the last discussion we had. They said they would get back to me but, they are asking me to pay 50% of £10500 and sent me a County Court Judgement for £5000.
The Terms of the Contract were as follows:
1. Revalsys will develop the Bubbla application based on the specification document we have provided. Excluding areas already highlighted by Ratan, the application will mimic the exact functionality that the specification has outlined and will allow for changes of up to 8% within the scope, without adding new functionality.
2. In order to familiarise ourselves with the code, and to standardise it, Revalsys will provide Bubbla with the code as they write it.
3. For reasons outlined in item 2, Bubbla will make the full payment of £13,400 at the commencement of the project. However, this payment will be made to Ratan and he must adhere to the industry standard of paying Revalsys 50% upfront, 25% half way through, and 25% on completion and delivery.
4. If, for whatever reason, the application is not delivered to the standard as outlined in the specification document (excluding areas of which have been highlighted by Ratan already), then Ratan will refund Bubbla 50% of the full cost of development.
5. On completion and delivery of the Bubbla application, Ratan will be granted a 3% stake of Bubbla. This is to remunerate Ratan for his hard work and dedication to getting the product delivered to our specification by his team at Revalsys. These will be issued as ordinary shares within Bubbla Limited.
Additional Terms
1. Code will be released every 4 days. It is up to you to demand the code If we fail to do so.
2. All the third parties subscriptions for the purpose of building the app is not included in the price. We will take your approval well in advance of all the third party subscriptions that will be used for the project.
3. The project will start on 30th November 2015 and it will take 50 Working days to complete the development of the project.
The client started managing the developers directly and then he started asking them how much money I had paid them to get the job done. I had stopped the development because the vendor was trying to be unethical.
I had lots of discussions on emails and also had a single call upon a personal request from one of the director how dealt with the developers in India. He was the primary source of contact and all of a sudden, the other director is claiming £5000 from me.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

Was anything in writing regarding this discussion please?
Alex

Customer: replied 10 months ago.
Everything is in an email.
Expert:  Ash replied 10 months ago.

How is Judgment against you? Did you go to Court ?

Customer: replied 10 months ago.
Because I had agreed to take the development and I did not got to any court.
Expert:  Ash replied 10 months ago.

Have you defended the CCJ for £5000?

Customer: replied 10 months ago.
I have just got the letter from the Court Today
Expert:  Ash replied 10 months ago.

Why did they want to refund some of the money?

Customer: replied 10 months ago.
Because I had stopped the development post they acted very unethically behind my back by contacting my team regarding the payments and they had forced me to let them know me how much I had paid to my team. I said that it was none of their business to know how much I paid them.
Customer: replied 10 months ago.
Please see the attachment.
Customer: replied 10 months ago.
Because as per the terms I had agreed over the email, I accepted to pay back 50% of the development cost.
Customer: replied 10 months ago.
Even though they managed it directly with the team and I had informed them that I would be available for any exception management as I did not want too many people managing the project.
Customer: replied 10 months ago.
It would be greatly appreciated if you could get back to me, I have to respond to the County Court Judgement.
Expert:  Ash replied 10 months ago.

So why didnt you complete the work when the terms say you will?

Customer: replied 10 months ago.
Because my client was in touch with the Development team directly, which I had hired to complete the development. my client went on to discuss about the payments I had made to the team I hired to finish the job. I had asked my client why he had to do that, he says he has every right to do that, which I did not understand and I felt that he was being unethical and unprofessional. My client was in full control of the development with the team I hired and I had informed my client that I will be available to manage any exceptions in an email. He forced me to give the details of the payments I made to the development team I hired. I conveyed the message that It was my business and I need not disclose this information. I told my client that I would get out of the project as there was no trust between us, I had given multiple options before quitting as well to make sure that they would not exceed the budget given at the beginning of the project.
Customer: replied 10 months ago.
Initially he said to me that I had to Pay £6700 and now my client transformed that amount to £5000, anybody who would understand simple maths would know how to calculate the money I owe to them. But they kept on pressurizing me that I had to pay £6700, Finally one of the director had requested for a call, I had taken the call on the basis that they will not record the call in writing. The final discussion was they had asked me to Pay £2000 and I had committed to pay them £1200, they said that they would get back to me and another director came back to me with a letter requesting me to pay £5000.
Customer: replied 10 months ago.
I chose the option for Arbitration, but they went ahead and filed a CCJ. The initial letter they had sent me clearly states that I had to pay £6700 and they changed the amount to £5000 to pressurize me.
Customer: replied 10 months ago.
Even though I had to pay only £3350 as per the contract. But they negotiated for £2000 and then I had given them an offer for £1200 as most of the work was completed.
Customer: replied 10 months ago.
It would be great if you could respond back to me for me to reply to the court.
Expert:  Ash replied 10 months ago.

Does the contract say they will/wont discuss terms with your client?

Expert:  Ash replied 10 months ago.

You have 14 days to respond to Court, so time is not an issue. You can extend this to 28 days.

Customer: replied 10 months ago.
The contract is done over the email. The following is the agreed contract:The Terms of the Contract were as follows:1. Revalsys will develop the Bubbla application based on the specification document we have provided. Excluding areas already highlighted by Ratan, the application will mimic the exact functionality that the specification has outlined and will allow for changes of up to 8% within the scope, without adding new functionality.
2. In order to familiarise ourselves with the code, and to standardise it, Revalsys will provide Bubbla with the code as they write it.
3. For reasons outlined in item 2, Bubbla will make the full payment of £13,400 at the commencement of the project. However, this payment will be made to Ratan and he must adhere to the industry standard of paying Revalsys 50% upfront, 25% half way through, and 25% on completion and delivery.
4. If, for whatever reason, the application is not delivered to the standard as outlined in the specification document (excluding areas of which have been highlighted by Ratan already), then Ratan will refund Bubbla 50% of the full cost of development.
5. On completion and delivery of the Bubbla application, Ratan will be granted a 3% stake of Bubbla. This is to remunerate Ratan for his hard work and dedication to getting the product delivered to our specification by his team at Revalsys. These will be issued as ordinary shares within Bubbla Limited.Additional Terms1. Code will be released every 4 days. It is up to you to demand the code If we fail to do so.
2. All the third parties subscriptions for the purpose of building the app is not included in the price. We will take your approval well in advance of all the third party subscriptions that will be used for the project.
3. The project will start on 30th November 2015 and it will take 50 Working days to complete the development of the project.
Expert:  Ash replied 10 months ago.

Yes I read that. How did they breach these terms? That is what I need to understand

Customer: replied 10 months ago.
First, the amount they are claiming is wrong, Second, they have agreed for £2000 and now claiming £5000 even though I made an offer for £1200. They have even pestered one of my team forcing them to tell the amount paid by me to them.
Expert:  Ash replied 10 months ago.

Ok. Then all you need to write back in terms of a defence is:

1. The claim is denied, save for the fact £2,000 was agreed. This was accepted in full and final settlement, therefore these proceedings are an abuse of process.

2. Further, or in the alternative the particulars of claim are denied in full and the Claimant is put to proof.

Can I clarify anything for you about this today please?
Alex

Customer: replied 10 months ago.
Believe me I have no idea of law, my client managed the entire development, I had given the required resources and now he is claiming that I could not deliver the project. I am even ready to pay £2000 as originally requested by my client. It would be great if you could let me know what exactly I should put in my defense.
Expert:  Ash replied 10 months ago.

Can you not see above? I said what to put.

Alex

Customer: replied 10 months ago.
Thank you so much.
Expert:  Ash replied 10 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 10 months ago.
Sure, could you explain me the following sentence
Further, or in the alternative the particulars of claim are denied in full and the Claimant is put to proof.
Expert:  Ash replied 10 months ago.

That just means in the alternative to para 1 you deny the claim and the Claimant has to prove it

Does that clarify? Alex

Customer: replied 10 months ago.
I does clarify my question.
Customer: replied 10 months ago.
Also It would be great if you could let me know How I can extend the response to 28 Days from 14 Days.
Expert:  Ash replied 10 months ago.

You dont need to do that, because I have given you the words of the defence.

But if you want to, you complete an acknowledgment of service.

Alex

Customer: replied 10 months ago.
OK, I shall do as advised.
Expert:  Ash replied 10 months ago.

Thanks. Please rate before you go so the site pays me - thanks. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Which Response forms should I fill in. There are 3 options Start AOS, Start Defense, Start Part Admission?
Expert:  Ash replied 10 months ago.

Its up to you - you can file your defence now. Alex

Customer: replied 10 months ago.
Could I still communicate with you if my client sends a reply?
Expert:  Ash replied 10 months ago.

Sadly that would be a new question. Alex

Customer: replied 10 months ago.
I have received a Directions Questionnaire, do you think should I accept a Small Claims mediation service or should I go to the court instead? Please suggest.

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