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Hi A web company were commissioned to produce an online

Customer Question
Hi A web company were commissioned...
Hi

A web company were commissioned to produce an online social networking site for me. They did, but a) were significantly late and b) did not meet the specifications which they themselves had produced.

However, they refused to discuss the outstanding issues and instead, demanded the 50% balance be paid as a means to drawing the business contract to a conclusion.

They said that if I didn't pay they would close the site down completely then failed to respond to any emails I sent them. Consequently, I brought in an intermediary; an acquaintence of mine who I knew to have high level understanding of complex web systems. They ultimately refused to talk to him as well so things were left in limbo 3 months ago but the site went live and I have been trying to build up traffic to it since.

However, today, it has been shut down for 'maintenance' and I can only assume this is them carrying out their threat as they have built it in such a way as to lock anyone else out of a key area of the back end of the site which keeps it open or closed.

Is it possible for me to get an injunction to stop them from acting in this way now, and/or in the future? I am prepared for them to sue me for the £2,500 balance but I cannot afford to have to pay that and high legal costs as well so my 2nd question is about the viability of my case if it goes before a court?

Ironically, the site in question, is a network celebrating good, uplifting, positive news called iNewsU.com. I think they maybe missed the point of it :)

Kind regards


Adrienne lawler
Submitted: 8 years ago.Category: UK Law
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Answered in 26 minutes by:
6/25/2010
Solicitor: UK-Justice, Barrister replied 8 years ago
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
Verified
Yes, I consider that an injunction on a 'without notice' basis would be best considered. This can be done on an emergency basis on Monday.

You will need a Solicitor to draft a statement, application and present your argument in Court.

You have a valid reason for withholding payment and the proper course of action they should have taken was be to issue proceedings for non payment.

Then a Judge could have made a ruling on these matters.
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Customer reply replied 8 years ago

Hi

 

Thank you for your response. How much is the next stage of proceedings likely to take and what exactly do I need to provide by way of evidence? And finally, is this something you can - and would - undertake or do I need to get someone local to do it?

 

Kind regards

 

 

Adrienne

Solicitor: UK-Justice, Barrister replied 8 years ago
The Court fee for an injunction is £150 plus Solicitor costs.

Detail of the problems with the website and late delivery will be helpful.

It would be something you should get a local Solicitor to do.
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Customer reply replied 8 years ago

Hi

 

My regular solicitor feels the costs incurred make it an unacceptable route, hence this enquiry to you. There is an online service that offers to write and submit all papers for you. Suggestions please?

Solicitor: UK-Justice, Barrister replied 8 years ago
I can help you but in reality you are looking at round £100 to draft an application and witness statement for an injunction.

Clearly, you would still have to pay the £150 Court fee but also present the argument in Court yourself.
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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UK-Justice and 87 other UK Law Specialists are ready to help you
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Customer reply replied 8 years ago

Would this be a court local to me or the defendant? And could you do it for Monday if I proceed? Presumably, I first need to do whatever I can to establish that the current downtime on the site IS as a result of their actions. Though obviously, if they won't respond to my emails, that's not easy to do?

 

Kind regards

 

Adrienne

Solicitor: UK-Justice, Barrister replied 8 years ago
If it an injunction then it needs to be in the Defendant's home Court.

I can do it at the weekend or Monday evening.
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Customer reply replied 8 years ago
And I need to try and get some confirmation from them that this IS something they've done as a response to the outstanding monies?
Solicitor: UK-Justice, Barrister replied 8 years ago
Yes.
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Customer reply replied 8 years ago

Hi

 

I'm not sure if billing is your area, but I appear to have been billed twice on my recent credit card statement for the help you gave me in June. My understanding of how the system works is that I could pick a fee scale for the advice and pay once. I hadn't realised that each answer you gave me would attract a fee.

 

Please could you clarify.

 

Kind regards

 

Adrienne Lawler

Solicitor: UK-Justice, Barrister replied 8 years ago

I shall contact support - I am a mere Solicitor!

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