[freelancr]

I am self employed, and have been freelancing for a local web design firm for the past 12 months. They go out and get work from new clients, and I get paid 30% of the retail value, but only once the firm has been paid. It is a load of shit I know, but I was starting out and it beats stacking shelves. Now they are threatening me with solicitors, here is what has happened. All was going well up until 6 months ago, work started drying up, and I had invoiced them a lot of money before Christmas which still hadn't been paid.

They then gave me 3 more websites to do, and I started work on them. In the mean time I find out a website I did last year was not paid for by the client, so they have said they will take them to the small claims court, then pay me once it is sorted out. This pissed me off, considering they earn a shit load of profit from my work, yet they didn't want to pay me for work I had put in. I was half way through some work for them, and didn't want it to have been wasted time so finished them off.

In the mean time I started looking for work elsewhere, I found some and this helped me to become independent from these tossers. The firm then pay me for one of the websites, out of the 3 new ones, then nothing more for a long time. I then go and have a word with them, at the beginning of May, and give them a statement of invoices sent and payments received. I tell them until this is settled I will do no further work for them. At the same time a member of staff walked out because they are owed a lot of money too.

It is now the end of June, they have still not paid me for work done months ago, they owe me £3k. Last night I was really pissed off about this and have taken the websites off-line that have not been paid for. Then this morning, at 9am, the phone rings. Surprise surprise it is this cunt that owes me money, bloody hell they don't half move fast when things don't go their way. We have an argument, I tell him I have taken down work not paid for, and will remain that way until it is paid for.

Apparently he is going to get his solicitors onto me, but why, what have I done wrong? I can tell this isn't going to be fun.

[dh]

Do you have contracts in place for the sites you took down not paid for?

This would work to your advantage here as the solicitors would have nothing to grab you by.

Stick by your guns I think he will get his chq book out if you stand firm.

[Alexanda]

They haven't got a leg to stand on, tell em to bring on the solicitors and you'll see him in court. (Bet you it doesn't get nowhere near that far)

[freelancr]

When I first started out, I only worked for him. I have done all of my sites under one contract, which I signed when I started. It basically states:

1. I am under an NDA
2. I am responsible for paying my own Tax/NI
3. I get paid a 30% cut, on the day they get paid.
4. If working in their office, I will not turn up scruffy, pissed or have a needle hanging out of my arm.

It is totally once sided and does not cover any actual work done. I know I should of got individual contracts, but worked more as an employee than an independent so didn't feel it was necessary. On the plus side it means I can take the sites down, as they are mine until paid for.

[lukasarts]

Fuck him, trying to scare you into doing what he wants. Plenty of cunts like him around. Call his bluff, see you in court.

[freelancr]

He phoned back apologising saying he would get the money to me by next week... until then, sites stay down.

[funkyprem]

doesn't surprise me at all mate. this goon just hit the panic putton and lashed out at the first person he could think of... you.

and i'd wait until the cheques actually clear into your account before putting the sites back online. this may make said goon get the cheques to you even quicker knowing that there'll be 4 days over which you obviously have no control over.

[dh]

Well done one up for the good guys.

True what funkyprem says, wait for the chqs to clear.

Also because if he is a right bastard he could download and save the sites in the four days and stop the chq.

[djeglin]

Sounds like a blackpool salesman turned wannabe media company director that I used to work for... I think the word is... erm... Wanker. Yes, thats it.

Wait for the cheques to clear, and then send him a letter (letters are good because they are hard evidence of correspondance) saying that you want a revision of contract if you are ever to work with him again. You require a deposit equal to 15% of total job value before starting work on any project, and the balance (I would suggest more than 30%...) upon payment by client. Until payment is received, they will receive no deliverables from you.

See what he thinks of that It covers your arse monetarily, though... Should help make sure he dont try to rip you off again... Bastard.

[herkalees]

Yet again, I suggest you post this person's name and business-name, so the rest of us can avoid him/her.

[freelancr]

Originally Posted by herkalees

Yet again, I suggest you post this person's name and business-name, so the rest of us can avoid him/her.

Will PM it to anyone that is interested once I have settled with them, otherwise I could be done for Slander/Liabel/etc as google crawls this website regularly.

[sub]

Nothing much to add other than it might be a bit tricky recovering money if they haven't been paid.
Although, a site shouldn't go live before then mind.
Good job calling his bluff.

[freelancr]

Originally Posted by sub

Nothing much to add other than it might be a bit tricky recovering money if they haven't been paid.

Upon talking to one of the clients of the latest website, he paid the deposit in February and the remainder in May. Seems the middle man has taken the money and run, I have an appointment with the CAB in view to take them to the small claims court.

[sub]

Make sure you have copies of three letters of correspondence requesting full payment of their overdue account.
Small claims court will also require a copy of your signed contract and/or the initial billing agreement signed by the client.

[Snowshiro]

As soon as a client doesn't pay up, that's the last job I do for them. You main problem was taking on 3 more sites when he hadn't paid you for the one before. In the words of George W. Bush:

"There's an old saying in Tennessee... errr... I know it's in Texas err...probably in Tennessee ... errr that says, fool me once... shame on ... ... shame on you.... errr.... Fool me err... ... ... you... can't get fooled again."

[hawken]

Originally Posted by herkalees

Yet again, I suggest you post this person's name and business-name, so the rest of us can avoid him/her.

yet again a name and shame request.

lets make a name and shame sticky

[jordanriane]

What I don't get is why you kept doing work for a firm that wasn't paying you. I would never release a design until I received some form of payment. If they don't pay me at all, they don't get the design, and their own client is out on the work and they're up shits creek.

It just seems like you could've avoided this by not doing designs after you were not getting paid...

[hawken]

often I don't get this luxury, working on other peoples servers etc.

can't say I've ever done it.

[cjgraphix]

The threat of a solicitor is just a style of negotiation. I had this with a client more than 5 years ago and it actually put in place one of the only company policies I have. "Should a client, at anytime, suggest or threaten the use of lawyers (solicitors), all files pertaining to that client will be collected, placed on a CD and delivered to the client by certified mail along with a resignation letter." After the letter has been delivered no contact is given to the client. Ignore the emails, and don't take the phone calls.

3k in the long run is nothing to be worried about. There will come a time when you make several times that in a month. Getting this cash cow off your client list will be the best thing you can do. I have only ever had to let 3 clients go (out of a client list of almost 100), and after each one business increased dramatically.

Take it as a lesson learned and move on!

[sub]

Originally Posted by jordanriane

What I don't get is why you kept doing work for a firm that wasn't paying you.

It isn't always as black and white as that. I've been in the same situation many times before.
If you're contracting for agencies working on a single project at a time is very rare. More often than not I have at least two or three projects on with the same company.
This is why an initial agreement and contract is essential.