Forum Moderators: not2easy
Im new here and unfortunately my first post is a nightmare for me. I designed a website for a company that was hosted on a domain I own, I did all the design work on it and I paid for the 12 months web hosting with the understanding that I would receive payment for this when the payment of the site was due.
The company never paid me a penny. After 6 months of banging my head off the wall I deleted the website from my domain. The company are now threatening to take me to court for deleting the site. Im based in the UK and as far as Im aware if its my domain, web hosting paid for by me and my work then I can do whatever I want with it until payment is made.
Please re-assure me that this idiot client is just blowing hot air and Im in the right, or am I in serious trouble for deleting 'their' website?
Why did this company not pay? Were they unhappy with the design work? Then you may not be entitled to payment for that--depending on the terms of your "understanding." But if they were unhappy with the design, why are they unhappy with it being deleted?
You say you've deleted the site. You have a copy of it, of course? Have you considered putting back up a minimal site-- one page -- so that you can point out that they HAVE a site but that you are not going to do more without payment?
But you haven't told us much about this, so the above comments are stabs in the dark. I have the feeling there's more to this than you've said.
I didn't have a written contract with them everything was mainly done by email. I can't see how they can now take me to court for takin down a site that I designed, the hosting is paid for by me and I even bought the domain plus if there was no written agreement surely they cant go to court over it? Any more than I could take them to court for non payment. I do still have a copy of it though and I emailed them to advise I was deleting it.
Second: you won't get any actual legal advice here. As I'm sure you'll appreciate, if you want any legal advice you need to consult a solicitor.
Third: from what you say, your non-paying client probably hasn't got a leg to stand on.
You have paperwork & emails to backup everything you say? You can show that as a last recourse, after the client had repeatedly ignored all your warnings, you withdrew the service provided? Yes? Good.
Next thing is to get some expert advice. Speak to your accountant or any other business advisers with whom you have dealings. The Citizen's Advice Bureau have information online relating to the law and Small Claims.
Citizen's Advice Bureau [adviceguide.org.uk].
You need to a) ensure that you haven't left yourself open to any legal claims against you, and b) get paid!
In the UK (possibly not Scotland), you can go through the Small Claims procedure online!
HM Courts Service [hmcourts-service.gov.uk].
Having a good read there and online generally should both reassure and guide you.
Syzygy
The company are now threatening to take me to court for deleting the site.
However, the burden of proof is then on you, which will be more difficult, depending on the language contained in the e-mails. My guess is that you would have more of a leg to stand on than they would. But as a non-lawyer, that means nothing.
