FREE-lancing, the internet and fraud

One Flew Over

Hi,

I recently placed a bid for a design job advertised via a freelance website. The client who had advertised the job responded enthusiastically and to cut a long story short I launched into working on the design of promotional material for the clients' new publication. I wish I could say that I'm young and naive but I’m not. It was foolish enthusiasm and eagerness to get a foot back on the ladder that blinded me to the obvious pitfalls.

The weeks passed and I continued the work but as the job still hadn't been awarded to me via the website I requested a contract from the client. To my relief he agreed to forward a contract that same day. What I received instead was an e-mail to inform me that;- I wasn’t good enough, I had wasted his time and that he didn’t wish to hear from me again. Needless to say, I haven’t been able to contact him since and the invoices sent have been ignored.

This person used the promotional material that I designed and produced to attract advertising for the publication. He used me like a free ticket and then insulted me to boot. I contacted the website where the job was advertised and explained what had happened but as the job wasn't officially awarded to me through the site, there is nothing they can do. Three other jobs also advertised by this person where also never officially awarded to any of the applicants, yet I had been corresponding with the ‘unofficial’ editor daily.

I have sought advice where possible but it seems my best option is to speak with a solicitor, financially this is not a option available to me. This ‘client’ caught me at a moment of weakness and I have no doubt that other people will get caught too. What’s more frustrating is that I can’t drop into his company office as he is based in the UK. In fact, I suspect there is no office and the big brand names he’s using online to promote this company are probably non the wiser.

I would so appreciate some advice or guidance on what if anything I can do. I know all about Life Lessons and Lemons. If anyone has had a similar experience, please let me know. I would dearly love to hear from you.

Thanks for reading.

Tazz T

We probably use the same website. This is why you should never ever start work unless a job is awarded and a deposit paid.

However, if it's an UK or Irish client and you have written communications in the form of email or private messaging board saying they will pay you, then this is a contract, especially since you said they used your work.

Write a strong letter saying your work can't be until paid for and include an invoice for the full amount. Go through the normal channels as you would for a late paying client and if you have no luck, small claims court. You will be surprised how many clients pay up before this happens.

One Flew Over

Hi,

Thanks for your response. I have every corresponding e-mail between myself, the client and the editor. He was shrewd enough to only discuss matters relating to payment by phone. My work was already being used when I asked for the contract. I wanted to cover myself before continuing to do anymore, a bit too late I know. However, I will find out if it's possible for me to go to the small claims court with this matter.

Thanks again, I really appreciate the advice.

tricky D

It's best to go through a couple of stages before going to court. Send an invoice for use of your material, then solicitor's letter, then court. Going straight to court is not a good idea as they like to see that you have made these efforts beforehand.

FSL

Sadly it sounds like you have been taken for a ride.

Before spending anything on a court action you need to be absolutely sure he actually exists and is where he purports to be and that he isn't merely a pseudonym or a shell company that can be dissolved at the drop of a hat.

A judgement you can't enforce or costs more to enforce than can be recovered is of no consolation.

One Flew Over

I did send an invoice for materials provided by registered post. He was unavailable at the time of delivery so I need to find out if he has collected the letter from the sorting office there. I haven't sent one for materials used but I will do that.

Thanks

One Flew Over

In response to whether he is who he said is, he does have a company name and registration number using this name. He's also on Facebook, LinkedIn with the same company details; name, address, co. number. I am assuming that he is 'real'. I don't know how easy or difficult it is to register a company? I definitely now believe that his company website is just a front to entice advertising (or people like me).

Thank you for offering advice.

p

If it's under 5k, cut your losses and learn from it, it's not worth the hassle.

If it's over, then start with a lawyer's letter and see how you get on.

One Flew Over

Maybe I am wasting my time but I need to try.

What's important now is doing whatever can be done to make this person realize that there will be consequences for his actions (if possible).

I have learnt a hard lesson from the experience and I don't want others to have to learn this way. If I fail, well at least I will have tried. The money is of less importance now.

Thanks for your advice.