freelance job - client not paying, what can I do

seamus_d

Hi all... Around 6 months ago I did a freelance job and since then I'm trying to get the money for the work I did. I'm emailing them all the time, but every time I'm getting different excuses... the bottom line is that I want my money back and I don't know what my options are.... This wasn't a contracted job so I don't have any contract (job on the side), but I have a trail of emails from them requesting stuff to be done - I also have emails where they say they know they owe me monies but currently they cannot pay me.... My main question is - can I take back the work I did and that wasn't paid for - currently the website is up and running. I'm afraid if I will take down their website they will sue me for the lost of income - because the website is down.... can anybody tell me can they sue me or I can just down their website???

thanks for your help.....

rossc007

Hi Seamus,

I'd give them notification of the termination of service first. If you've given them any admin details, change them so they cant lock you out.

See how they react to the notification, then contact a solicitor. Have you a contract? Who is the domain registered under you or the client?

Edit: Sorry, just saw you have no contract! This would indicate to me that the client has no IP on the work you've done, so its yours.

regards
ross

seamus_d

rossc007 wrote: »

Hi Seamus,

I'd give them notification of the termination of service first. If you've given them any admin details, change them so they cant lock you out.

See how they react to the notification, then contact a solicitor. Have you a contract? Who is the domain registered under you or the client?

regards
ross

Hi rossc007,

I have the admin details and I left a back door (if they would try to cut me out somehow)... Like I've said earlier - this was a job without a contract (if I would have a contract I would go to small claims court)... the domain is registered to them - I wasn't doing the whole website just a module for it - but without that module their website is useless..... that's why I want to take back that module - which will leave their website useless - and then maybe they will change their mind about paying me....

thanks

rossc007

Hi Seamus,

OK, I see now, can you lock them out of just the module, or even better remove just the module from the site? If you can, then give them notice, hopefully that lights a fire under them.

I'd be weary of actually doing anything until you speak to a solicitor.

As an alternative, you could speak to a debt collector, although personally speaking, I have never had to go that far.

regards
Ross

professore

Yes just switch off/remove the module and do not restore it until they pay up. After all they haven't paid for it and you have ample proof they wanted it from you. Am in a similar situation myself but have no back door so can't shut it down :mad:

Oh and if they want you to do more work get paid upfront or tell them where to go.

bigpoppa

I worked for years collecting money and here is my two cents

Dont act rash and think it through

What if they do not care about the module?

Stick to facts, they owe you money, if it is a couple of hundred quid get a 7 day final demand letter from a solicitor to them and prepare a file based on emails you say you have.

90% of people will pay within 7 days when they get a legal letter. the other 10% either do not have it or will wait and pay just before it gets to court?

if you have issued an invoice mention you are legally allowed under EU law to add interest after 30 days and that all legal costs will be attributed to them

going forward get agreements by email and lock it down and learn from this


HTH

seamus_d

Thanks guys.... I think I will write to them and give them notice - that after 2-3 weeks I will take down the module... I will see the reaction and will take it from there.... it wasn't a big job and the company was recommended to me by my friend.... lesson learned - monies upfront now.... at this stage not the monies are what I'm angry about, but the way they are treating me - constantly some lame excuses....

rossc007

If you have emails proving you did the work and payment is outstanding I'm pretty sure your entitled to shut it down. However, I would never take the word of some randomer in a public for (Like me!) as gospel. Thats why I recommend a solicitor, last thing you want is a legal problem

Getting money off people these days is rough alright. If I'm doing work for a new client, I generally set out payment stages so I get something up front.

stevenmu

Unless I had very good legal advice I'd be worried about connecting to someone elses server and interfering with it. It's unlikely but it opens the possibility of them sueing for damages, or possibly even pressing criminal charges for unlawful access/tampering.

A better option would be if the module included some form of activation which for e.g. required a product key after a certain date. Or possibly an update could be offered as a critical security update.

seamus_d

stevenmu wrote: »

Unless I had very good legal advice I'd be worried about connecting to someone elses server and interfering with it. It's unlikely but it opens the possibility of them sueing for damages, or possibly even pressing criminal charges for unlawful access/tampering.

A better option would be if the module included some form of activation which for e.g. required a product key after a certain date. Or possibly an update could be offered as a critical security update.

Thanks for that Steven... I still have access to server as in theory I'm still managing it - in reality I haven't even touched it in weeks.... but the idea of the product key is really good.... thanks for that - this should help - a lot I hope!!!!!