Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long ago did you instruct him to do the work? Also, when should he have had the work completed by?
OK thank you, ***** ***** it with me. I am in court today so 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.
No problem at all. I will get back to you at the earliest opportunity. Many thanks.
Many thanks for your patience. whether you can claim something back will very much depend on what your original agreement was. If you had agreed for him to host the sites as well and this was an ongoing arrangement, then his failure to do this could amount to a breach of contract. That would entitle you to potentially pursue him for any losses or damages incurred as a result. In the circumstances it is likely that you can go after some compensation for what has happened.
The issue is that by making a claim you are not guaranteed to get anything out of this. Even if you have rights to claim and do so, there are slippery characters out there who know how to play the system so even if you win and get a CCJ against him, he can still try and avoid any liability, It does mean that you will then have to look at various ways of enforcing the judgment and that will inevitably cost you more.
So you do have the right to go further with tis and you do have the right to seek some compensation, but there will always be a risk attached in case he does not comply and ties to make things complex, which means you may have to spend more to pursue your rights.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Thank you. if you wanted to take this further and cannot reach a resolution with the developer, your only option is the county court (in particular the small claim court if the total value id below £10k). It will cost you to issue the claim but I you win you can claim that money back. You also do not need to use a lawyer as this is a venue designed for smaller disputes where the parties are unrepresented. Also if you lost you would not be responsible for the other side’s legal fees.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.