Continues from Part 1
Warnings from the old website designer are coming true.
[Website Owner] What’s the google details . Haven’t received them yet. For I’m unable to get on the directory. My link is now broken from updating the profile which was recommended by you. I will not be able. To make any money . If this can not be sorted the website is pretty useless, took you advice explained the codes were wrong and unable to access them and need profile tweeting you told me that my website needed up dating. Which I took on board and that a small amount of money wouldn’t do the trick and you said it would be better if I spent more to get the site redesigned. I told you my limit but you said need to spend more to get the best, which I have and now owe you. For a website which does nothing. You know that your within the law by getting your clients to email and blame them. Well that’s what we agreed. I didn’t you sold me whant you wanted. Like when you by a car they try sell you upgrade wheels that do not make car go any faster or the stripes you pay make the car go faster. Well I’ve really been stung this time and very disappointed that you think it’s ok to do so. You couldn’t care less.you make easy money.
My uncle is interested in starting escort agency him being buisness minded. And that’s why I am in a hurry to pay you the money I owe. I never take credit on anything. That’s why I need to be up and running again. But I no escort industry as well and from experience I no punter link works and having my website connected to adult work. I have not been paying on punterlink hence the drop one doesn’t work without the other. Much appreciated very stressed.
My telephone is completely dead and no emails also before it rang ok with time waster. There’s so think wrong links can’t be right. For your phone gets time wasters all the time. No point showing on Google if website is not live. That’s how this new website works. This s never going to work in the situation it is at the moment. When I’ve had website redone before twice the phone. Starts ringing. There is something really wrong hear . Phone never rings at all now.
I had visits / hits on the other website and then the phone rings. Your new website haven’t linked me to punterlink properly and that’s what I’m tying to get across. And my personal website is not linked to adultwork. I’m fighting a losing battle. I think it’s all a waste off time. And I think I should forget the whole thing it’s not working. So in not able to earn as an escort. And now have to result in joining a escort agency. For you took the last off the money. Your not a escort web guy and do not no wear escorts should be linked . I no I’ve just thrown my money away and now I owe on it. Great. I know an Indian guy who advertises on adultworks as an escort web guy. He told me when he looked at you estimated work and costs he said you don’t need that doing. Any way no point. I’ve been left with a sight that’s useless.
[Website Designers] Thanks for the email, sorry you are confused and angry but you must know we are going above and beyond the call of duty to try to get this done for you. I am an IT professional and own a website design and SEO company and we have been employed to build and promote your website, but I am willing to help you in anyway I can, I think I have demonstrated this by attempting to get you back on the main directories, by paying the previous web designers transfer fee and I clearly hear that you are desperate for work but these type of emails are not going to help you.
I will once again state that your website was planned and built by us exactly as we planned and has been live for only just over 1 week, so you cant comment on it being useless, the previous site was not mobile friendly and was optimised for the wrong areas.
The good news is that your site is now indexed in Google with the new pages we created and that should positively affect the visitor numbers.
I would be happy to talk to either of your friends you have got to contact us about any doubts you have as I don’t think you understand what I told you on the phone and what I have told you via email, I don’t appreciate the fact you seem to be suggesting we have ripped you off. You came to me for a website and SEO I advised that we can provide you with a premium website with new content and SEO for an agreed package price, this was clearly described and agreed by yourself, please review the emails if you are any doubt.
You always sound so reasonable on the phone but seem to make some crazy emails late at night that I think are not necessary. I am on your side believe me and have made your site the best it can be and will help you promote it (SEO and marketing).
The website has had 7500 unique website visitors on it since we have taken over it, I will restate that this is a lot of visitors and if they are not phoning you then you cant ‘blame’ the website designer, the website has been created and put live, it looks and works great. We created your punterlink account correctly and assume that will be approved shortly. I hope this brings you more work. We have reviewed your listing on punternet and found that to be showing Manchester but have now changed this to Essex, are you going to advertise on that site?
Technically the website has been completed as per our original agreement so the final invoice payment is now due. Obviously we will still monitor / update / review the site to ensure it continues to build visitor numbers and will help you in anyway we can to ensure you get more work.
The website has been indexed by Google and website statistics all look good, you shall shortly receive your monthly report of website visitors but this list showing the referring escort sites (before your punterlink advert is put live) shows you are getting visitors from lots of escort sites.
The silly phone calls are both insulting and wrong, I don’t like the comment about ‘what we have supposed to have done’. I am frustrated by the emails you keep sending that seem to demonstrate that you don’t understand about what we have agreed to do and what we have done.
We have gone above and beyond what is required and have even got your website listed on adult directories at your request, even though this was never requested or agreed upon before we started your project. Your website visitors are most certainly not ‘down’ since we took over the site and redesigned it. But we are happy to make changes to the website if you request them. In the meantime I respectfully request the final payment.
How is it going? We haven’t had any communication from you since the site was completed and the final balance requested, we see the site is more popular than ever and is working exactly as designed, we have checked the bank account today and don’t see any payment yet, please confirm you can pay the final balance immediately as it is now overdue by over 14 days, please see invoice attached.
Before any further action is taken please confirm you have received these emails and give us some indication when the payment will be made. Your friend recently said
I also have not been able to get in touch with her and have no idea what is going on. I will always advise her regarding business issues when asked to but I do not have any other authority to act on her behalf unless asked to do so. I know that she has been quite ill in the past and perhaps that is why neither of us can get in touch. Keep trying as I will. best wishes for Xmas in the meantime.
We replied
Appreciate the email, she seems to be now avoiding answering emails and phone texts / calls until today when I managed to get through to her via phone call and she seemed to be abusive then say something like ‘you owe me’ !?
I have acted correctly and professionally in this matter and will clearly have to escalate the matter to get the matter sorted via the standard legal routes open to ourselves for non-payment of invoices.
I appreciate your response and previous email communication and regret that she has failed to contact me about this, I am a fair and reasonable businessman and she has told myself about her previous illness and bad luck so even more so I am willing to work for her to make her website more popular than ever but she needs to pay for the work completed and will tell her so again via ‘final’ notification emails and letters in the hope she will avoid any avoidable legal proceedings that will be inevitable if I cant contact her
[Website Owner] Other Website designers have looked at the work you done and are appalled of what you have charged me so far and what your trying to get me to pay, you are a bully boy. The standard off work is appalling and I will charge you for loss off earnings since you touched my website,also you don’t advertise escorts sites do you. I have Been in to Trading Standards and prepared to take you to court.
[Website Designers] Thanks for the reply but what could you possibly be objecting to us to Trading Standards about? We had an agreement to build and promote you a new website, we done that and even liaised with two ‘intermediaries’ that you requested call us.
We then offered to help you add your profile to other directories and even made attempted to make payment for these for you. Additionally we even talked to your old website designer as you told us that communication had broken down between you both and paid the transfer free to enable the project to proceed. We are really puzzled about your replies and cant understand what you are trying to achieve, when we spoke recently you seemed to be reasonable and now it seems you are acting in an unprofessional and unreasonable way.
I am willing to continue to liaise with either one of your friends whom we have been in contact with to ensure your website project payment is completed.
Regarding the ‘expert advice’ you have got. This is a ridiculous statement, your website is a Responsive / Content Management System that is optimised for the search engines and was even updated (back-end) today as part of our commitment to security and quality.
Anyone claiming this website is ‘below par’ is clearly not aware of current website standards and should know this is exactly what we agreed upon and what we have delivered to you. Your website is bring in a huge amount of website visitors and even though this project / agreement wasn’t performance based that is an indication of the quality of the website design / seo that has been performed.
I resent being labelled a ‘bully boy’ and would prefer that you act correctly and professionally going forward in our telephone calls and emails.
We are on your side and want you to be a success but you need to review all our communications, in essence we agreed a project for you we completed this project and require payment for this. I am happy for you to get ‘expert’ website design / SEO advice and am also happy for you to take legal advice but the fact remains that we want to work with you to build your business / website and will do our best in this regard if you let us.
Am happy to let our respective legal representatives talk to each other but I know this will just cause un-necessary expense, and wasted time for both of us, as the ‘legal’ overview will conclude that:
1, we agreed a website projects for yourself and presented you with an overview and an invoice for deposit that you paid and confirmed you paid.
2, the work has been completed as agreed
3, the deposit payment hasn’t been received after giving you a fair a reasonable time to pay.
4, we are within our legal rights to withdraw your website and email services after giving you due notice and a fair chance to pay the remaining balance
5, the legal avenues open to us included obtaining a county court judgement against you to reclaim the outstanding fees.
Now what I don’t want is for us to have to remove your website / email account and services as this will reduce the chance that you will be able to earn money to pay us back but we also have a duty of care to our website team and SEO team that built and promoted your website to ensure they get paid for their work.
We have send you via mail the outstanding invoice and a legal notification of our intentions if we don’t receive the final payment but I would urge yourself to re-read the emails between ourselves, acknowledge that we have done what was agreed and realise that we are on your side and want success for your website and will continue to work on your behalf as long as the final payment is made.
Hope to hear from you soon, feel free to email or phone Monday as we are keen to get your account sorted and for us to move forward to make your website more popular over the coming months and years
[Website Owner] That’s fine I’m happy to take this too court and will instruct a solicitors first thing tomorrow you will not take down the website. For its useless I’ve never received an email or phone call from it. You have failed to give me a good website and tried to con me out off more money. I’ve had the web sight looked at . It’s worth half of what I need to pay at the most and very basic not what you said.you have an attitude with women and with escorts. I do not wish to discuss this its in the hands off a solicitors.
I’m not paying for something you have destroyed,. And Ruined my buissness. I have no buissness thanks to you. I have Cancer and will add cost off emotional and harassment . You are not getting away with it. And should be stopped. Failing to listen proves your arrogance. And cocky attitude,. I told you how we make our money. Not easy money like you think. That you can take advantage of. Other web guys think your a joke and taking sheer advantage and told me that your arrogance that you think I ow you money. For a website that does not work.
[Website Designers] This is a real shame and even though the agreement wasn’t performance based I am happy to prove that the website is very popular and that your arguments are invalid on both a legal and relevancy level, please be advised that you have had 3000 website visitors in the last 30 days. Even if there was a performance element to our agreement the website visitors report shows that the website attracts traffic.
You keep mentioning that you believe we are trying to ‘con’ you or trick you out of money, you need to re-read what we have agreed and what you have paid for and what you have got. I really believe you are not understanding this situation and you are putting your business at risk by your short-sightedness, I really hope you can see past this to make your website work for you.
I need you to confirm that you really haven’t had an email from the site as we believe you have had a huge amount of visitors on the site that has resulted in at least 8-10 emails in the last 3 weeks to your domain email that you have access to and they are currently redirected to your personal email address. As I said previously the project isn’t performance based but the fact you are claiming not to have an email is worrying as there are emails being generated by clients on your website.
If you aren’t getting these emails please check your email client’s spam / junk folder or give me an email / call if you don’t know how to do that. Have you received the letter / invoice yet, I am keen to move forward with this and after having a 3rd party review all agreements / communication we are 100% sure we have acted professionally and correctly.
We have been unable to contact you by phone, text, voice message, email or letter, this is to give you formal notice that we will be taking formal legal action to recover payments outstanding on your account unless you make the final payment.
We also reserve the right to remove your services (email / website / support) if the outstanding final balance from our agreed website project with you is not received. Please do not ignore this message as we want your business to succeed and are here to help you do that.
[Website Owner] That’s fine I have a solicitors in place and quite happy to defend my corner and you don’t decide the courts will when you go for county court judgment. I can not change email account password or any codes to access the websitet. All set up emails from your friends and phone calls. I do not wish to diss is this with you. And will defend my corner. When I tried to change my email account you were on it I was informed by Google you have access to all my emails sent and unsent. I’ve learned my lesson being bullied to pay more for so thing I didn’t need. I told you funds I had available and you bullied me into more. I have had no work from it so you can remove it. And had web designers look at it.
I told you I told you what funds I had, you wanted me to spend more for something I didn’t need. The work you have done is worth 200 to 500 pounds even. I have had 9 emails set up by you and phone calls by you which have never created one booking. Since October I have not received one job from it. There is something dramatically wrong. All off a sudden since you touched it I have had No work since October. Which bit don’t you understand . The website does not work you failed to provide a good website. No one has emailed me this month from the site. Don’t you get it. Only 9 emails in three months you have destroyed my business and have no work thanks to you. Give me your legal department and I will get my solicitor to contact them. Yours disasified.
We did not agree you told me what I needed. Before you started the web I rang to say keep it at a low cost. I also had to pay old web guy to tranfer it to you. You kept on and on about spending another lot of money on it. The website you have made had value off 200 to 500 pounds do you understand. Two web guys have looked at your work do you understand. I have had not one job off it since October do you understand, are you trying to tell me that everyone out there has all off a sudden has stopped ringing me? Also email company flag you up at the same time I try to change password can not access it and all the other website I’m on you have not giver me passwords. I am not paying for something worth 200 to 500 pounds.that doesn’t work. Flagged up in London you are a con man ok.end off. Why would I ask you to remove website if it worked. You have pushed me under and you are a discrace. We have you on tape speaking to escort who wanted a web sight you attitude changed when you found out what line off buissness, I have been told by Google that my website being hacked its you. You have the passwords.
You idiot, your so arrogant you have 4 clients I believe. I’ve been told by other web designers your a joke. And simply trying it on. And the lack off respect you have for escorts has been recorded on tape by escort. You no I have had no experience with computers and twisting everything for your own gain.other web guys have have looked at your sight and said how you ripped me off. Tried to sell the highest package. Agencies don’t even pay that price . See you in court and when the courts have been in touch I will put my solicitors in place. My website was fine until you touched it. And you would not dare do it to other escorts with knowledge of computers. You are the one who has given me a basic website. Also the pictures are all showing my breast I have more tastefully pictures you have tried to make me look as tarty and cheep as you can. I have told you to remove it. For I get nothing from it. And you dare to ask me for more money. Your really trying it on.
[Website Designers] This makes no sense and you seem to not understand what is happening here, for clarity here are the highlights
1, we agreed a website projects for yourself and presented you with an overview and an invoice for deposit that you paid and confirmed you paid (19th October)
2, the work has been completed as agreed
3, the final balance payment hasn’t been received after giving you a fair a reasonable time to pay.
4, you claimed the website wasn’t working and you are not receiving emails and we have proved this to be wrong and have offered to help you view the emails or get access to them even though they were redirected to your personal email account from the start.
5 we are within our legal rights to withdraw your website and email services after giving you due notice and a fair chance to pay the remaining balance
6, the legal avenues open to us included obtaining a county court judgement against you to reclaim the outstanding fees.
7, you repeatedly claim to be bullied but we professionally advised you about your options we gave you an overview and invoice you paid the invoice and now keep reverting to the fact that you believe you were ‘bullied’ into something that you clearly wasn’t.
8, I have no idea about what you are talking about regarding passwords with your Google / email accounts. Your website email address is setup to redirect to your personal email account. You have had lots of enquiries via this (despite claiming not to have received an email)
I really cant see what you think you will achieve by trying to avoid paying for something you clearly agreed to and paid the deposit for. This is simply going to cost you time, effort and money and disruption to your business. I am still willing to discuss this with you via email / phone before the legal route opens and once that legal channel is open we will pursue you to the end whereby there can only be one outcome and that will be decided fairly and openly by a judge. By giving any reasonable person the facts backed up by the evidence that we can provide there can only be one outcome to this dispute and I am professionally upset that this has happened but will continue to do everything I can to avoid taking legal action against you but I have my business to protect and will not allow you to take advantage of my good and professional nature by refusing to pay for something you clearly requested and agreed to.
I told you your options and we decided on the website package that you agreed to and then paid a deposit for, I fail to see where any ‘bullying’ took place.
I have attempted to contact your appointed representative to try to resolve this but she claims she cannot get in contact with you but am sure she would act for you again if asked. I found her to be fair, reasonable and understanding previously and perhaps you should delegate responsibility to her if you are failing to understand why you have ended up in this situation.
The first stage of any legal action will be for us to attempt arbitration via an independent 3rd party but I am happy to use your representative if you see fit.
you keep reverting back to the fact ‘you told me’ about something or other, the facts remain that we 100% agreed on a website project for a set fee. You agreed this project for your website and entered into a business contract with me by paying the deposit of an invoice send to you and agreeing to proceed, so by claiming that you didn’t want to spend so much money or you don’t have the money or it’s not worth the money simply makes your arguments sound unprofessional and weak.
Regarding work from your website, I am happy that you have now confirmed that the contact form and your emails are working and you have received emails from it as only a couple of emails previously you claimed to have received no emails! I did ask you to confirm this as I could investigate why this is but you didn’t reply directly.
So in summary the contact form and email has been working and you have been receiving emails and you have been getting phone calls also. This project isn’t performance based so the fact you haven’t been able to convert the enquiries isn’t a legal issue that should stop you completing payment for the work we have completed on your website.
In summary to clarify and correct some points you raised:
The website was completed on the 1st December and confirmed by email by myself to yourself. Since that time I believe your website has had 4086 unique visitors (December 1st to January 21st) and will send you a report to confirm this. The contact form has been used to send an email to yourself on 14 occasions and I obviously don’t know how many phone calls you have had but will restart that although this project is performance based the fact you have had emails / calls from a healthy flow of visitors to your website (see report send via email) leads me to believe the site is doing a good job.
The website was transferred on the 28th October and instantly remedial work had to be completed to fix some basic design / alignment / link issues that was done prior to the redesign taking place to ensure the website was the best it could be and as search engine friendly as possible.
Your claim about losing yourself work is a claim I believe you put to your previous website designers and think the proof given above clearly shows that we have done exactly the opposite and positioned yourself with your website in a better place than it ever has been.
I really hope you see the facts and we can come to an arrangement to get your project on track as we will have no other choice but to take legal action against you to reclaim our fees plus costs if you continue to refuse payment, I genuinely don’t want you to lose time and money by attempting to continue to refuse payment and can only see this dispute ending one way by yourself having to pay
The next stage if you insist on not completing your part of this agreement will be me formally starting proceedings against you, then you have the choice of arbitration then we go to court, I have done this before and know the situation when a person clearly is in breach of contract there is only one outcome and it will involve additional cost and time / effort on your behalf so I urge you once again to take legal or a friends advice here to review what you have got / what you agreed to / what you have paid a deposit for / what we have done for you and to pay the final balance.
I am doing everything in my power to try to tell you that this is in your best interest to avoid the legal route as our business relationship will never be the same once we start this.
Its clear that you are not comprehending what I am saying so leave me with no option but to start legal proceeding, unless I receive payment by the 30th January legal proceeding will commence on the 2nd February.
Your claims and accusations are silly and incorrect and to be honest they don’t really make sense, to claim I am a con man ‘flagged up in London’ that doesn’t like doing escort sites or escorts is simply pathetic, especially as we have other successful escorts that we have created a website for and promoted it.
I have to say I still cant understand your attitude and ‘ideas’ about your website, the facts remain unchanged and your previous website designer (who I had to pay the website transfer fee, you simply paid your outstanding balance) warned me that you would make such claims and he was correct.
I don’t like being called an idiot, please try to act professionally during our conversations. Thank you for your reply but it seems that you are ranting and raging but not seeing the big picture. The statements / lies and accusations you make doesn’t change the ‘facts’ in any manner, I will ignore your silly lies and strange assumptions that I have spoken to an Escort in a disrespectful way.
Are you sure you are not getting confused with someone else as nobody here can recollect talking to a Blackpool escort. For clarity we have over 500 clients and have built and promoted over 700 websites / projects. I have no idea why you would say we have 4 clients.
If you remember rightly you were very demeaning and critical of your last website designer to us and believe you are very much mistaken to conclude that you haven’t got a website exactly as we agreed.
I am sorry but you are starting to sound very unprofessional and making claims / accusations that simply make you sound more unprofessional and unreasonable each time. Every time you email your claims and suggestions are getting more outrageous and even though we have agreed and attempted to talk to two of your ‘friends’ on your behalf it appears that at least one of them has been unable to get in contact with you and will be willing to continue to attempt to help you. I believe if you speak with your friend Cynthia she will tell you that your claims / accusations are indeed bordering on delusion and I am sure she will be willing to explain everything to you are it appears you do not accept or possibly understand anything I am trying to tell you.
I will get the Escort directly to speak to you. You actually spoke to her and sent her a link. Your arrogance still prevails you. You are the one who slagged off my old website designer who took money off me for two years so I had never had a problem until I met you. Not fixing the web site and trying to charge me more. You make your gratification is justified. I have no more to say. But experience the most unpleasant web designer ever. When I first spoke to you, when your standing there in your underwear waiting for clients I should have put the phone down there. And you are the one who said my old website designer hadn’t completed some work with me . As people around me have advised me, your trying it on . If the websitet was to my likening we wouldn’t be hear. No point in talking to you for you fail to listen.and who made you judge and jury. Only you speak the truth a little one sided don’t you think.? You a a con man and a liar. Just because you think I no nothing off computer work, you thought you take advantage. If I was a man you wouldn’t dare do it. Would you coward is what you are. I’m still grieving for my mother and fought cancer and still going through it. I hope nothing like this happens too you and have no choice to be an escort through all my ill health. Anyway no point going on your a ruthless and nasty person. Who has properly never helped anyone in your life. 500 clients hey. And spending your time harrassing this one. I think not
Please listen to me, you have received 18 emails from the website since we redesigned / optimised it, you have received:
12 email enquiries in December
4 email enquires in January (this month).
We clearly cant track how many phone calls you receive but find it doubtful that you received none especially as I know you didn’t answer from ourselves on 2 separate occasions.
I have previously stated that if you are not getting these emails then you must have a problem with your email setup and am willing to help you with that.
Your website is working, you have visitors and you have email enquiries if you are not getting them I can help and you should let me, your emails redirect to your personal email account so even if you don’t get info@ emails then you should be able to get ones from your personal email account.
It appears that my words are falling on deaf ears and you haven’t understood my questions and statements. Its clear that you contradict yourself and am in breach of contract.
We have today sent you a report of your website’s last 30 days website stats that clearly shows that 800 unique visitors have been to your website that counters the argument that you makes your argument that ‘nobody can find it’. But once again this argument is irrelevant as the project and its promotion is not performance based and we would never have agreed to a performance based project and if we had the key performance indicator would never had been ‘if you think nobody can find it then we haven’t reached the project goal’.
Regardless of this tomorrow morning the legal judgement will be lodged and we are confident that we couldn’t have done more to avoid this and are equally confident that you are clear breach of contract and will be judged as such.
If no communication is received by tomorrow there will be no more communication and the legal route will be pursued with all the means at our disposal to ensure we secure the outstanding payments from your project.
