What would YOU do?
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- Christopher Papa
- Jr. Rocketeer
- Posts: 41
- Thanks: 0
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I normally focus on exclusively local clients, but I was contacted a month ago by a person who some may declare a "celebrity" of sorts, at least in New York City media to do a media website. He hired someone before me to create a Joomla site, and it was terrible. She used a Themza template, and really had no concept of how the news should have been structured. Quite frankly, she made a mess.
I was contacted and we made a verbal agreement to get started on a site right away, as he had a deadline to keep for an investor. Normally, I don't do any work until I get a down payment on large sites, or pre-payment in full on small sites. This was a 3-part concept, with the first to just simply get the template installed and customized, set up the front page, fix the news categories and set up the menus accordingly. I charged a small amount to get started. The client wanted to use MixxMag as the template (great choice).
I decided to get started in a "good faith" agreement, with the understanding that a check was going to be mailed that day. I completed the "phase 1" portion extremely fast, which was basically in 3 nights, and the window I was given was 10 days. The client started to exploit my niceness, and started adding things for me to do. Not kidding here, I woke up one morning with 63 emails from the client with things to change and add.
To make a long story short, I still have not been paid by this client. There have been two "check is in the mail" promises. I told the client two weeks ago that I am not doing anything else on the site if I am not getting paid. He became extremely irate, and has since left threatening voicemails and sent threatening text messages and emails. Oh yeah, and I still haven't gotten paid.
The site is not hosted by me (which is rare), and I had no written agreement (which I generally do), and the client has since deleted my Joomla account on the website. Since then, only minor tweaks have been made to the website. Essentially, I made a website for someone that is 90% complete, is live, and is being used and marketed.
So, Rocketeers and fellow web developers, what would YOU do?
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- Penn Wooding
- Elite Rocketeer
- Posts: 873
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- In the UK, this would be dealt with in the small claims court which means that anyone you are trying to sue is not liable for your costs. So you got to decide whether it's worth pursuing, in the end, it may actually cost you more in legal fees than you get back.
- http://www.Oscarfishlover.com - the website for great Oscar Fish advice and help
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- Christopher Papa
- Jr. Rocketeer
- Posts: 41
- Thanks: 0
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That is the similar case here, as in small claims court in New York State, each party is responsible for their own representation. The good part is that I can sue from my county, and he resides in the same state but 5 hours away, so he would have to come here to answer the claim.
That all would be more relevant if I had a written agreement or even a canceled or bounced check.
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- Penn Wooding
- Elite Rocketeer
- Posts: 873
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I reckon something that this could go on for ages, possibly years. Like you say, you haven't anything in writing so it's your word against his. By his behavior, I would've thought he would lie his way out of the situation.
About four years ago I threatened to take a garage to talk to get some money back that they had taken off me when they shouldn't have. The actual sum was £1200. they backed down before it went to call and paid me the money in full, however, By the time I paid all my lawyers bills, I was left with precisely £200. Was it worth it? £200 is better than nothing I suppose but it could have gone the other way and I could have actually lost out.
I assume that you're trying to recover the new money that should have been paid for the time you spent building the website? in the UK, you can normally get maybe an one hour cycle you free advice regarding legal matters before you actually folk out any money. It might be worth your while asking a lawyer what your chances are of recovering any money.
As long as you stay on the right side of the law, you can always do what I did and get your own back by creating a little webpage telling people all about the person who ripped you off. The webpage I created comes up before the company's own website and gets quite a few hits. I've had quite a few e-mails from people telling me after reading my webpage, they don't want any dealings with COE
www.wheelchairanglingandhamradio.co.uk/Carrs_of_Exeter.htm - http://www.Oscarfishlover.com - the website for great Oscar Fish advice and help
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- prim
- Preeminent Rocketeer
- Posts: 17290
- Thanks: 217
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...Or you could take another approach since she/he is a celeb. You can always "threaten" him/her to write articles on pages like
www.nydailynews.com/index.html
or similar.
Nice healine eh?
"New York celeb can't pay her/his bills"
Or:
"XYZ may face court"
You get the drift?
- Please reply with a direct link to the issue & create a new thread for each new issue.
A template is only as good as the content that goes into it
- DanG
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- Penn Wooding
- Elite Rocketeer
- Posts: 873
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The Internet is a great way to get your own back on some of these idiots. When I first published the page about the garage you wrecked my car, they threatened to take legal action against me, even using their lawyers which must have cost them.. I just made sure that everything I wrote was spot on the truth, no exaggeration or making false accusations, they then didn't have a leg to stand on and couldn't do anything about it. 3 1/2 years later, the webpage is still up and running. I was hoping they would offer to refund all the money that I lost but that didn't happen. Anyway, even if I cost them one sale in three years, that's good enough for me.
I also did something similar to what Prim is suggesting
www.ripoffreport.com/Auto-Dealer-Repairs...nwall-carr-m93d5.htm
I also did a similar thing when another company ripped me off
www.wheelchairanglingandhamradio.co.uk/bitesizedeals.html
I'll tell you, I won't let anyone get away with taking me for a ride anymore. - http://www.Oscarfishlover.com - the website for great Oscar Fish advice and help
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- prim
- Preeminent Rocketeer
- Posts: 17290
- Thanks: 217
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Nice customer read/advice Penn
I hope those 2 companies go down the toilet. - Please reply with a direct link to the issue & create a new thread for each new issue.
A template is only as good as the content that goes into it - DanG
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- Emma griffith
- Hero Rocketeer
- Posts: 465
- Thanks: 0
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I am not sure about US law but here in Oz as long as you only mention the company that did you wrong you are in the clear. If it is factual you can run them into the ground, I have learnt the hard way over the years with being to nice. It is a horrible thing to say but no matter who it is a friend, long term client or someone brand new. You have to get payments up front, on most projects I go 50% up front and 50% on completion before final code handover. On larger jobs I go 50% upfront then 25% process payment on approval of artwork and final 25% on code handover,
I know it is a bit after your horse has bolted, but I can safely say that most people / companies that use this method is because somewhere along the line they have been burnt.
I know it makes you feel no better for it but you are far from alone, just take some of the advice given here and publish the wrong doing to all and sunder, maybe he / she may re consider their stance.
All the best.....
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- Christopher Papa
- Jr. Rocketeer
- Posts: 41
- Thanks: 0
- I also may have failed to mention, but my full time job is that I am a Pre-Legal Debt Collection Manager ... he knew this from the beginning and still tried to crap in my Cheerios.
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- Emma griffith
- Hero Rocketeer
- Posts: 465
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- @ Christopher, that is unbelievable! Please report back if you manage to get this pimple on the ass of the universe to pay you.
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