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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50212
Experience:  Qualified Solicitor
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I paid up front software developer in India to build

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I paid up front for a software developer in India to build me an app. He has not done the work and refused to pay the money back. What can I do?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How did you pay him?
Customer: replied 2 years ago.
I transferred the money directly via BACS from my Natwest Business Account. This was in October 2015
How much did you pay him?
Customer: replied 2 years ago.
The issue here is that you have paid via bank transfer, which does not offer any protection. Had you paid by credit card for example, there would have been protection against fraud or breach of contract and you could have claimed with the credit card company to get your money back. However, that would not be possible if you paid via a bank transfer, it is the same as sending cash in the post basically. So you will have to rely on the person giving you the money back voluntarily or completing the work they were paid to di. If they refuse to do either then you re left in a somewhat difficult position. You do have the option of going to court but because you will be suing in the UK and then trying to enforce the judgment abroad, it will quickly get expensive and complex. You also have no guarantee that the money will be repaid even if you try and enforce the judgment. It does mean that you are likely to end up spending more than what you are pursuing this person for and still have no guarantee that you will get anything back. It is the fact that they are based abroad, in a country where the enforcement of judgments is not easy (i.e. not in the EU where there are accepted practices) and without knowing the person’s assets or ability to pay you are taking a huge risk. I must say that the chances of recovering the money through the courts is minimal. I know hindsight is unhelpful here but in such circumstances you must not send the money up front before delivery of the work because you will expose yourself greatly to problems like this one, which does not really have an easy solution. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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