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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48202
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If I have an invoice which states the project will be paid

Customer Question

If I have an invoice which states the project will be paid 50% upfront and 50% after completion and pull out of the project before the remaining 50% is complete and refuse to pay, am I in a legal right to do so?
Also if I have paid for additional services on two separate occasions and have not been shown progress of this work, or have been presented this work / asked for refund on this work and refused it, are they in their legal right to do so also? Apparently the project had been started on a separate server but when asked to present the project he refused and said it had been deleted upon a refund/cancellation request.
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.

Customer: replied 1 year ago.
Hello
Expert:  Ben Jones replied 1 year ago.

Hi there. How old is the invoice? Also, how long ago did you request the additional services?

Customer: replied 1 year ago.
I sent the initial invoice on May 16th
Customer: replied 1 year ago.
the additional services on June 13th
Customer: replied 1 year ago.
July 5th for 500 pounds
Customer: replied 1 year ago.
June 13th was 200 pounds service
Customer: replied 1 year ago.
Sorry wrong dates. June 8th and June 13th. the July 5th withdrawal was unrelated.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
No worries, thank you very much. If you require further evidence such as the invoice, I can share that. I did not agree to a contract and there was no signature taken.
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience and sorry I could not get back to you earlier, my main work just took over at the last minute.

Just before I can provide my response can you please confirm that you are the one who pulled out from the work and if so, your reasons for doing so?

Customer: replied 1 year ago.
I pulled out from the work. My reasons for doing so was that the project was a partnership of 3 ways and 2 people pulled out. Also in addition to this he has been dishonest with me about payments and lying to me and refusing to refund me saying work has already started, yet when i speak to the other develop he said it has not and we have evidence of him asking the developer to make it look like the shop has been made so I can't be issued a refund.All of these things have made me uncomfortable working with him and I no longer want to go ahead with the remaining 50% of the project with my own money. I have cut my loses and accept the first half of the project has been worked on and I'm not asking for that 50% back but he was forcing me to pay the second half or threatening to take legal action.All i was sent from him on this project was an invoice, there was no signed contract and no terms and conditions presented to
Me to accept, he said I as the customer should seek terms and conditions as its my responsibility, when I went to his website no terms and conditions could be found anyway.I'm just worried about if I'm in the wrong here and he's going to sue me or if he has nothing against me that's kinda my worry at this stage, I feel a little bullied by him.
Expert:  Ben Jones replied 1 year ago.

Thank you. Generally to end a contract early you would need to rely on either a specific cancellation clause or being able to show that the other side had acted in breach of contract first. To be honest in the circumstances there are arguments for both sides so to say with a degree of certainty who may come out successful in a legal claim is more or less impossible. As a rough estimate you could treat it as a 50/50 situation.

Saying that you do have some strong grounds, such as arguing that the original agreement no longer stands as it is not the same as what was agreed because two parties are no longer involved and you should not be lumbered with the liabilities they would have had. Also the dishonesty and lies could allow you to argue that you have lost faith in his abilities and trust and could even amount to a serious breach of contract on his part, allowing you to cancel the remainder.

Also consider that he may never actually issue a claim. He may threaten you to do so but may never proceed with it. Also not sure what the 50% value is but if this is below £10k it will be the small claims court where your risk are rather low even if you are claimed against and lose.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben, here is a follow up? Does he have any right?Dear *****,I am writing this email to confirm that the payment is now due (23rd July 2016.)I fully understand that there has been some issues, however the project has now been cancelled by yourself and as of now you refuse to continue with the half completed project and therefore I have the right to charge interest in accordance to the Late Payment of Commercial Debt (Interest) Act 1998. This debt shall also be passed on to a collection agency to retrieve.I have the right to full payment for the project plus the above mentioned, but in the interest of resolving the issue for both of us I am prepared to accept just the sum of £1000 outstanding. This must be paid within 14 days in order to prevent further action being taken.The funds can be paid in the same way as the initial deposit for the project.If not received within 14 days I will be taking further action against you for the full amount, plus administration fees to the value of £40 and the Daily Late Payment of Commercial Debt interest.I hope that this can be a swift and friendly process.RegardsBoldbox Studio
Expert:  Ben Jones replied 1 year ago.

he does have the right to take this further and challenge this in court - just as much as you have the right to challenge it yourself. If he has already completed some work which you have derived benefit from then you should pay for that. In terms of the outstanding amount it would really come down to how serious the issues were that led you to cancel. As mentioned you do have ground to argue this but it is not a bulletproof defence so it will come do a court making a decision and it is up to you if you want to let this happen or avoid any risks and settle now

Customer: replied 1 year ago.
I have paid the 50% deposit and the work was not completed. I have accepted my loses and backed out of the project and refusing to pay the remaining 50% - I have not signed any contract or was presented any terms and conditions nor can any be found on his business site. Is he able to issue those requests over email or does he need law enforcement? Seems like he's possibly just trying to get more money out of me?I also have evidence of him being deceptive and dishonest between me and his developer (whom was doing the most work) for example"[05/07/2016 14:51:25] Craig Frost - Boldbox Studio - http://www.boldboxstudio.co.uk: The work has already commenced though Joe, as much as its a ballache.
[05/07/2016 14:51:53] Craig Frost - Boldbox Studio - http://www.boldboxstudio.co.uk: I’ve already declared the earnings to the tax man, its gone through my accountant.
[05/07/2016 14:52:22] Craig Frost - Boldbox Studio - http://www.boldboxstudio.co.uk: It is a 50% non refundable deposit anyway."http://www.boldboxstudio.co.ukBen, have you spoken to Joe.
?
He wants a refund on the shop stuff, which obviously I am not giving him. Can you do some work on that front to back up the fact that its already underway? Even if its just small visual stuff to make it look that way.
[05 July 2016 14:52] Craig Frost - Boldbox Studio - http://www.boldboxstudio.co.uk:
Expert:  Ben Jones replied 1 year ago.

he can make whatever requests he wants at this stage himself, without any legal involvement. No one can force you to pay though, you can simply refuse to do so and let him take the matter further. Only if he goes on to issue a court claim and subsequently wins, would he be able to formally pursue you for the amount he won. For now it is just a personal request which has no legal standing