Could anyone kindly advise my legal rights and type of appropriate legal action I can take? Background: I paid a UK web designer in full via bank transfer to design a website for my new invention / product which I am just about to launch. The product has taken over 4 years to design, Patent, produce and manufacture. I own the Trade Mark name for the product, which is also the same name as my website domain name. Problems: The UK web designer had contracted-out my flash animation to a web designer in India and another web designer in Brazil. As both web designers had not received any payment for their work, they found my details through the registration of my web domain name and emailed me separately stating that, my UK web designer had not paid them any money for the coding and work carried out on the flash animation and iff any of their work is used, a law suite will be filed against me as it is illegal to use their work without being paid. The UK web designer will not email me a receipt for the final payment I made to him on 4th August 2009 (Total £575) I have emailed him 12 separate requests asking for the receipt and explaining that I require the receipt for my accountant. I asked the UK web designer when he will restart / finish the website and he has stated that he is busy now but maybe February or March. I have emailed him and asked for an exact date, when he will start but like the receipt requests he has not replied. I feel that he is delaying the website from going live, to allow time to pass for the other website designers to forget about the website and their work not being paid. The UK web designer started a post on “www.ripoffreport.com†under the heading / category “Credit Card Fraud†stating that the Indian web designer’s work is very poor. The Indian web designer replied to the ripoffreport stating “This it is 100% false.†He then adds a link to this post with my domain name (Which is also my granted TM) to show the public his work and that he was telling the truth and names and shames my UK web designer. So now every time you type in my Product Name, it appears on the 1st page of Googles showing “RipoffReport, Scammer†which is not helpful when you are about to launch a new eCommerce website. I have asked for the owner of the rip off report website to remove this post but in their T’s&C’s they state that no reports can be removed. I can not work or trust my UK wed designer with relationships breaking down due to his deception etc... I bet you are thinking what a stupid fool for paying for the website in full. But he kept asking for a small deposit, which I gave but when I saw the mock-up of the website which was completely different from my spec (at the time I was unaware he was sub-contracting the work to another country, as he stated that he and his colleague was doing the work) he sent me an email claiming that by paying a deposit I had entered a contract â€Should you wish to cancel the project or not pay within 7 days the full balance will become due as per the terms and conditions.†Please advise which Legal Action I can take against the UK web designer to receive a full refund as I have no website and can not continue / trust him? Can I claim damages for the slander and ruining of my Trade Mark, web-site domain name and product as I have now had to change my product packaging artwork, logo printed on the product and domain name plus apply for another TM ? Can I go to the small claims court? Thanks Dave.
Yes, you can sue him, but it sounds like you would be throwing good money after bad. Winning a lawsuit is only one part, you need to collect, and this can prove virtually impossible with shady characters. I wouldn't worry about a single negative report - this happens all the time and there is nothing to prevent this person from doing it again with your new name. You might be able to take them to small claims court if you do it where they live (you would need to check local laws where this other individual is located). Even though you paid the web designer in full, you will still need to make sure to come to an agreement with any sub-contractor they used and didn't pay for their work. If you don't, they can come after you - and you would be responsible for paying them. You could then attempt to take action against the company you contracted with.
Hi, Thank you for your advice I have now contacted consumer rights. I think the small claims court are next on my list. Any other suggestions? Thanks
Don't go to the Small Claims Court yet. Give him an ultimatum, with a specific date, to finish the web site - something like 14 days from the date the letter is received, but give a specific date. If you have any proof of an approximate time-frame that he gave for completing the contract then the 14 days should be sufficient time for him to complete the work given the amount of time he has already had. His statement about being liable for complete payment if you cancelled is probably correct, but if you had a contract (and he seems to state that you do) then hopefully there will be something in the Terms & Conditions that state the penalities for breaching the contract for which he may now be liable. If he doesn't respond or complete the work, then take him to Small Claims Court. If you win (most likely) you will be able to enforce payment on him. If he doesn't pay, you can instruct Baillifs to collect the money. This will probably put a marker on his credit file making it more difficult for him to get credit in the future. If you are using the work of the 3rd party and they are saying that the work does not belong to you, you really should remove it from your site. The T&C's of the ripofreport web site are their own T&C's. There is nothing stopping them removing it. A solicitors letter may be required to remind them of their obligations if you are the innocent party in all this. Even better and LBA (Letter before Action) may be sufficient warning that you are serious about the removal of your information from the posting.
Hi, Thank you for all the PM's and help. Many of you have asked via PM if I am based in the UK, I am Ron, Just to confirm I am not using any of the 3rd parties work and I am in fact in contact with them both and all 3 of us are very keen to resolve this matter as best we can.... I will also try your suggestion of the ultimatum letter. Thanks again to everyone who has PM'd and post advice here. Dave.