Web Design Agency Threatening Court Action

[wezc4]

Hi,

 

I run a web design agency

 

 

we recently outsourced some design work to another agency.

To start work I paid 50% of the total fee.

It was a relatively straight forward job but it seemed to drag on a lot longer than expected.

 

Several times I made it known I was not 100% convinced by the process or work.

After 4 weeks and very little work being done I requested we cancel the job and receive a partial refund.

The design agency refused and I had no choice to persevere with the process.

 

Three days before the deadline we began to receive the work

however items were missing and not done correctly.

 

 

9 days after the deadline and receiving amendments which were still not 100% correct I decided to cancel the job.

I will not be using any of the work.

 

I have explained my issues with the work and pointed out why the job is incomplete.

The agency are now threatening legal action if I do not pay.

 

There is no contract and I will not be using the work.

I have tried to negotiate and reason with them but I have had no joy.

 

How should I move forwards?

Anyone else been in a similar position?

How would this be handled in court as I am unhappy with the quality of work.

 

All advice welcome! Thanks in advance.

[unclebulgaria67]

Anything in writing at any stage ?

 

If not, you should send recorded delivery letter setting out your position. Given that you have paid 50% of what was agreed and they have delivered some work even though later than you wanted, you might have to write this off. It is important to put your position in writing in a factual way, as if this does go down the legal route, you have something in writing to refer to.

 

You also have to consider your good name and affect on your future ability to gain business if this became a public argument, which current and future clients became aware of.

 

Suggest that all future business arrangements are set out in writing, so it reduces the chance of future arguments and covers your back.

[wezc4]

Thanks for the response. To clarify, I am not chasing after the initial deposit, they are threatening to take me to court for the remaining 50% of the total fee.

[unclebulgaria67]

Thanks for the response. To clarify, I am not chasing after the initial deposit, they are threatening to take me to court for the remaining 50% of the total fee.

 

Set out your position in writing that they failed to deliver. Give specific details of their failures. Let them argue back. See how it goes. That is all you can do.

[wezc4]

Sure, I have set out all issues in an email however they are adament I owe them the money and they will win under no circumstances. Is it really an open and shut case or is this just scare tactic?

[unclebulgaria67]

Sure, I have set out all issues in an email however they are adament I owe them the money and they will win under no circumstances. Is it really an open and shut case or is this just scare tactic?

 

It would be down to an argument in court , if it got that far. As you have set out your position, there is nothing more to say to them. Don't pay them, if they failed to deliver what was promissed.

[steampowered]

The courts would look at this from the perspective of contract law. The court would start by looking at (1) what was agreed by both sides and (2) the statutory requirement to exercise reasonable care and skill when providing a service. Those are the terms of the contract.

 

The court would then look at whether the agency delivered against that. If the agency breached the contract in a serious way, you would have had the right to terminate the contract. If the breach was not that serious, then you did not have any right to terminate the contract, but you would have had a right to claim against the agency for damages and offset that amount from their invoice.

 

It does not matter whether or not you were happy with the work, as a legal contract existed as soon as you told the agency to proceed. It only matters whether the agency delivered against what they had agreed and against the statutory standard of reasonable care and skill.

 

With an issue like this, very often the person dealing with your complaint will be a senior director/manager who will not have a full grasp of what went wrong. You need to write a formal email or letter which very clearly explains what was agreed at the time (the terms of your contract), and how the agency failed to deliver (the agency's breach of contract).