Can I be taken to a small claims court if I live in Spain?

[wezc4]

I am a freelance web designer and unfortunately have run into a problem with a client.

 

They do not want to pay my final installment as they are unhappy with the work: £1400 (I have already taken £200.00 for a part of functionality missing so it should be £1600).

 

With this in mind I have told them I will be taking the website down unless they pay me the amount in line with my payment terms.

 

They argue that I am holding the website hostage and are offering £500.00 and a discussion at a later date or the full amount and they will be taking me to the small claims court.

 

I am a sole trader and as of the 1st of October I will be moving to Spain. I do not own a property in the UK either as currently I live at my mums. So what would the procedure be?

 

On a side note, their previous web designer had to take them to court for non payment.

 

Please find below some relevant T+C's which I believe will protect me:

 

2.) XXXXX reserves the right to revise and amend an initial quote to a customer where needed.

 

5. E) Once you make final payment you are signing off your project and agreeing that the work has been completed. Any changes requested once final payment has been made will have to be quoted for accordingly.

 

5. F) Only when final payment has been made do you fully own the website.

 

5. I) All invoices must be paid within 7 days of them being sent. If payment is not made you may incur a charge or disruption to your service.

 

All your help and advice would be greatly appreciated!!!

[steampowered]

Yes, since you are a business and the other side is a consumer the English courts will automatically have jurisdiction over the case.

 

Enforcing that judgment is another matter. I can't imagine it would be remotely worth it for them to pursue you in Spain over a 1.6k debt, though I guess an unpaid CCJ would ruin your UK credit record for 6 years or so.

 

Personally I would be surprised if they pay you. It might need to be you taking them to small claims not the other way around.

[wezc4]

Thanks for your response.

 

I have reduced my invoice from £1600.00 to £1400.00 due to the missing feature. I am not concerned if they do not pay me as I would swiftly take my website back as it is unpaid for. Their argument is i am holding the website hostage unless they pay. But it is clear in my terms and conditions they do not own the website until the third and final installment is made.

 

I really did not want to go this route but I am aware that they need the website for next week and after next week they no longer need it for another year so they won't care if I take it down. It is the only way to go to ensure I am paid.

[steampowered]

Yes, it seems reasonable to take down the website if you haven't been paid and there is provision for that in the T&Cs.

 

There is always the risk that they will issue small claims proceedings. As you are moving to Spain, unless you contest the proceedings and attend court there is a risk this could result in a default judgment against you. It is unlikely they would enforce the judgment, but it would damage your UK credit rating for a few years.

 

Not sure who would pay 1.4k for a website which they only need for one week. My best guess is that they simply won't pay you, but I don't really know the details.

[wezc4]

In reality they do not need it for one week, however the competition will be streamed live over my website. If I take it down after the competition they can easily upload their old website and get someone else in to build them a new website for the event next year.

[CHRIS44G]

How can they take you to court? What for? They owe you, they haven`t paid, so it should be you claiming from them! Doesn`t sound like they are going to pay, I`d take it down and move to Spain and forget them!