UK client in administration

[fingers]

I am owed about £9000 from a client that has gone into administration. I have a letter from the administrator that they will send me a report within 8 weeks about the companies financial position. (It is now week 7 of 8)

The thing is the company is still trading (under a slightly different name) but is still using my code - the domain name is the same.

Can I demand that they stop using my code, until this is paid? How can I enforce this? Can I sell the code to a competitor? Any other ideas?

Many thanks

Rich

[oddsod]

Check your agreement; is the code yours till payment is made in full?

[fingers]

It was a verbal agreement with the (then) Managing Director... I know I am an idiot... Along the lines of "I want a website - can you build one for me?"

[oddsod]

An agreement doesn't have to be in writing to be a valid contract. But, if you didn't specifically discuss the IP rights then it's likely the administrator will argue that you should join the queue of unsecureds.

OTOH, you could have a word with the ex-owner, get him to recollect what you recollect about the specific terms, and consult a lawyer to put into writing this verbal agreement.

[edited by: oddsod at 2:58 pm (utc) on Nov. 4, 2005]

[fingers]

Also in the administrators letter it states; "I would advise you that, pursuant to paragraph 43 of Schedule B1 to the insolvency Act 1986, you will not be able to enforce any securtity or reservation of title claim without my consent or the permission of the court."

[oddsod]

If you have a legal contract entered into before the company went into administration then it's a legal contract.

>> ou will not be able to enforce any securtity or reservation of title claim

That IMHO is bunkum. Not even against third parties (with a written contract in your hand)? Huh? It's standard wording I'm sure but....

I shouldn't really say anymore here except that the best advice you can get will be from a lawyer.

[fingers]

Thanks oddsod,

Yeah - I just wish I was in a position to pay for a lawyer... now if i had the 9 grand... lol