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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I want to refund a project that was started for a friend

Resolved Question:

Hello, I want to refund a project that was started for a friend that I can no longer complete
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 2 months ago.

Hi there. How long after agreeing to the project did you advise your friend that you no longer wish to continue?

Customer: replied 2 months ago.
today and the project was agreed on the 14/06/2016
Expert:  Ben Jones replied 2 months ago.

Thank you and thank you also for your request for a phone call. I am unable to talk at the moment as I am in court all day but I will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 2 months ago.
Oh its quite urgent can anyone else help?
Customer: replied 2 months ago.
I can provide the contract that I signed but Darrel Pritchard never signed and returned. I'm a director of a web company, but Darrel wanted to do this project between me and himself and not for his company. As such does he have any claim for his company to take my company to court if it was a personal transaction and the money paid was in to a personal account and nothing to do with our companies
Customer: replied 2 months ago.
This is the contract
Customer: replied 2 months ago.
This is the reason for me ceasing the work:-Darrel,After considerable thought I've decided I can no longer work with you, Leisure Warranties Ltd and Templeton Insurance.The meeting on the 2nd August 2016 was supposed to be initially for me to get to know Templetons and understand their role supporting you in order to give me the confidence to think about a rival deal to IOMA in which you bought into Lucidcreations.As you know I had already decided I didn't want to take up your generous offer and wanted to continue the proposed deal with IOMA. But sadly I allowed myself to be coerced into thinking about "your offer" even though I was unsure about your's / Leisure Warranties' financial standing and the probability of the business streams you'd talked about actually happening.As the days have gone by the 2nd Aug meeting agenda has eroded to now only talking about new caravan and motorhome liability products. And the fact you and Templetons needed a level of assistance to create these products that I was not comfortable with.I have clearly stated from day one I can not provide anything in terms of rates or know how in regards ***** ***** client's calculators and functionality as it breaches their non disclosure agreement. But I was more than happy to work on the warranty, service plan and breakdown products as these did not compete with any existing clients of mine. Plus a caravan liability product to be used outside of the UK and within the Swift dealer network. But I explicitly explained the functionality of this would need to differ from my existing clients as not to breach their NDA.Hence when I created the artwork for your presentation to Swift caravans the question set was based around other caravan insurance websites as discussed with you, knowing they ask similar questions, but I stressed we can ask whatever was needed to satisfy the various premium calculators and whatever your underwriter needed for their products.I've felt uncomfortable about the meeting all day since you mentioned the fact we'd no longer be discussing a Lucidcreations and Leisure Warranties relationship which was supposed to be the main purpose.Then this evening when I called to explain how an external demo of your system on my test server will be a challenge without an integrated merchant service from Sage Pay you mentioned the "great news" that not only will you be meeting Isabel Homes from IOMA on Wednesday for Lunch to discuss her recruitment, but she'll also be attending our meeting "for a coffee" and to provide copies of the UK General rate tables and guide that I refused to supply.I believe these documents are originally from Frank Pickles and this is where I have to draw a line as its basically theft from IOMA / Frank Pickles and I can not allow myself or my company to be exposed to this.I've never in my whole career been put in this kind of situation and always stay away from conflict of interest and exposure to wrong doings.As such I request that you do not contact me and my company again.However, one final thing, can I request your bank details please? Once received I will return the full amount paid to me for your website. All project work up files, code and database on my computer will be destroyed. I ask you do the same for the artwork created for you so far.YoursJason Bingham
Business Development Director 01978 290938
M: 07811 447960
E:***@******.***Sent from my iPhone 6
Please forgive any typos
Customer: replied 2 months ago.
This is his response after I have told him I no longer want to talk on the phone about and want to keep to a written record :-Good afternoon Jason,
Further to our various mails and texts of today, I have tried to contact you by phone, principally so that we can have a verbal discussion and try to understand/remedy the root of any issues/problems.
Unfortunately I was unable to get hold of you and despite leaving a message, have had no success since. This is a pity, since my preference is clearly to retain our excellent business relationship (which we have enjoyed up to this point).
Nevertheless I note that you have essentially said that you would like to cease doing business with myself and Leisure Warranties Limited (“LWL”), which is of course disappointing, on both a personal and professional basis.
However, I confirm that this is perfectly acceptable, once you compete the business which you have already committed to. As you know, I have a contract with you (as defined in the Website Proposal from Lucid Creations) to develop and deliver the LWL portal and website and I have paid you for this in full. As requested, settlement was made to your wife’s bank account.
I would like to clarify that I have yet to receive this development, despite the agreed completion date being 18 July 2016. I would therefore be most grateful if you could please kindly complete and deliver the functional portal/website forthwith, as previously agreed, in completion of the contract.
In the event that you are not in a position to deliver this development immediately, I would be grateful if you could please kindly confirm your expected delivery date. Given the 2 week delay already encountered, my expectation is that this should be possible by no later than 18 August 2016. Please kindly advise if this will be possible.
For the avoidance of any doubt, I would like to clarify that I am not prepared to cancel the contract, nor receive back the fee paid. In the event that you attempt to return the fee, then this will be returned to you. I would simply like you to complete the contract that you committed to.
I understand your decision to withdraw from the business arrangement (with LWL) which we previously (verbally) agreed to and I respect your choice. Clearly I would not wish you to continue in a partnership that you are unsure about. I have no challenge in this regard and wish you all the best for the future.
I have to say, however, that I suspect that this situation is based upon a misunderstanding. To be clear, there is no question of myself, LWL or Templeton Insurance Limited (“TIL”) providing you with any data which has been either “stolen” or “misappropriated” from a third party. We fully understand that if this had happened, then this would have placed you in an untenable position. However that is not the way we conduct business.
As I previously intimated to you, LWL does intend to enter a business arrangement with TIL, who have now formally committed to investing into LWL.
I am extremely excited about this, since it will give LWL the financial back up and stability to grow this business. The added value of being backed by a large corporate, established for over 20 years and authorised and regulated to conduct general insurance in the Isle of Man, is very exciting. I am sorry that you have elected not to be part of this, but as aforementioned, I fully respect your decision.
TIL, as a general insurer, does provide legal insurance products and have an excellent appreciation of litigation and debt recovery (through the courts). TIL are not averse to taking legal action and thus, should you fail to complete the contract as outlined above, will support LWL in taking legal action against you.
Whilst this would clearly be a very undesirable development (which we would prefer to avoid) please rest assured that we will use the courts to seek remedy for breach of contract. As you may be aware, this will include compensation for :-
· the costs we incur on the development of a replacement portal/website development , which we anticipate will probably exceed the existing contract costs
· the damages for any business we lose
· our legal costs.
Based on previous experience, we will seek advice from a specialist barrister and anticipate this cost alone being circa £25k.
In the event that we do go to court, it’s likely that the parties involved will include yourself, your wife and Lucid Creations, since these parties have all been involved in the contact.
Clearly we would prefer to avoid this situation and therefore look forward to you providing delivery against the contact.
I should also mention that once the development has been delivered, we expect you to take due account of our intellectual property rights. Should we identify any infringement of the same, then we will take the necessary action.
I therefore hope that we can agree a delivery schedule which will allow us
Customer: replied 2 months ago.
continued...I therefore hope that we can agree a delivery schedule which will allow us to “part company” on reasonable terms. I also hope that you will be willing to discuss this with me, so that we can agree a mutually agreeable way forward.
I confirm that I am fully contactable on my mobile and would be happy to discuss further. I look forward to hearing from you.
Thanks and kind regards
Customer: replied 2 months ago.
I have agreed for a full refund even though I've completed elements of the project, but it could not be completed due to Darrel lacking a merchant service approval and essential product details.I've also supplied details of a another developer who will be able to help and that he's welcome to keep the design work I completed to help things along.
Expert:  Ben Jones replied 2 months ago.

Many thanks for your patience. You certainly cannot be forced to complete the project if you did not want to or could not do so. No one can physically force you to undertake the work, even if there was a contract in place. So what the other party can do instead is pursue you for breach of contract, which would allow them to make a claim against you for any losses they have incurred as a result of that breach. So for example, if you had to build them a website but refuse to do this and this resulted in a delay of it going live and they suffered losses to their business as a result, they could consider compensation for such losses. Similarly, if they had to get someone new to do it but they could not get someone with the same rates as you, then they could hold you liable for the difference in price for this work. So these are the potential risks if you were to cancel the project and not proceed with it. But you cannot be forced to do the work and of course any potential liability for compensation depends on them actually going as far as issuing a claim in court and proving that these damages they are pursuing are genuine and reasonable, so there is still a long way before they are able to claim anything from you.

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, UK Lawyer
Category: Law
Satisfied Customers: 44365
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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