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Dmpire

being chased for payment without recieving goods

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Hello,

 

First time poster here.

 

About two years ago I asked a graphic designer to design some logo's for me. He advised that the fee would be £380 and £100 would need to be paid as a deposit before work could start, the invoice sent said that the designs would be completed in three weeks, I agreed and paid the £100 for work to commence.

 

This was at the end of July/beginning of August 2010. By the second week of September I hadn't received anything so I wrote to the designer and asked for my money back as nothing had been done. He quickly apologised and said that he had broken his leg and was in hospital so hadn't been able to start. He also said that he wanted to get the designs added to t shirts and modeled before sending them to me, so I agreed to wait. I received the first proofs on the 29th September and wasn't really happy with them only one design was modeled and for about two months I was emailing and calling back and forth with him to get them to a satisfactory level.

 

I wasn't 100% happy with the designs but by the beginning of December realised they weren't going to get any better so agreed that the last set of proofs would be the final designs. He sent the invoice on the 15th December and then asked when I would be able to pay. I said it wouldn't be until after Christmas, and he said that as soon as he received payment the designs would be sent to me.

 

He said it would need to be by the 15th Jan for tax purposes, I said that was fine.

 

Unfortunately in the first week of January I was made redundant from a temporary contract and no longer had the means to pay I was then on JSA. When the designer contacted me I informed him of my situation and advised that I didn't have the means to pay, but when i was back in work I would make payment. I then attempted to keep him informed of my situation by email. A little while later a lady who said she was calling on behalf of him but gave no company name, asked me when I could make payment, I advised her of my situation that I was no longer working and had extensive priority debts but offered to pay £5 per month towards the outstanding balance; her response was that a judge would not accept that against the outstanding amount to which i replied i cant afford anymore, she then replied we will have to take you to court, I then didn't hear anymore from either of them.

 

I was unemployed for 10 months and faced repossession as well as a load of other financial problems, so when I got a job the designs were not a priority. However it was never my intention not to pay for the designs even if i didn't like them, so when I was a bit more financially stable I contacted him in August of this year asking for his details to pay the outstanding balance. 5 weeks later he sent me an email asking for £500 as opposed to the £280 outstanding stating late payment charge and the cost of debt recovery, he also stated he will no longer be chasing me for the balance. I have now also received a pre action letter from him and money claims UK for almost £500.

 

He claims that he has tried various mediation methods but he has not I had contacted him to make payment and even offered to make payment when I was on JSA which he rejected. I never received any letters from him or anything else.

 

When I asked him to send his details for payment he didn't, he just asked for £500.

 

I actually don't want the designs anymore

 

My question is can he chase me for money when I have not received the goods?

 

Sorry for the long winded story but any help would be appreciated

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