From: "Tris"
Hi all..
I just finished a monthly rolling contract with a client that
lasted
15 months, or there abouts.
Each month was a fight to get paid, but they relented, because
I was
on-site and near the accounts department (close enough to hound
them
often enough to be annoying I think).
Anyhoo, I'm gone now and my penultimate invoice is now late.
(bit of a worry, as I was counting n that to pay my VAT bill,
live and learn).
Anyhoo, I still have back door access to their MySQL server and
could
feasibly delete, edit, and generally make a mockery of their
database
for several major clients.
Naturally, I'm aware that this will not get my money any
faster... if
at all, but I did think that why don't I go and delete the data
that I
added that was connected with the work I did while I was there?
Make a back up and restore it all when I'm paid.
There was never a signed contract between us, so I was
wondering if I
can claim that under my own freelance terms etc, the work is
owned by
me, until payment, regardless of the fact that they might feel
they
own all code/data etc...
It all seems very shaky ground to be honest, but I'm driven by
the
fact that I know they have no backups.
Thoughts, advise... your own horror stories welcome...
I'm at the end of my tether and my last ditch attempt is to go
to the
office tomorrow and simply sit and wait til they pay me... but
I was
kinda hoping to enjoy my unemployment for a few weeks...! ;-p
Ok, let me know..
Tris...
Tris,
There is an agreement. It may not be written, but the courts in
the UK and the US recognise oral contracts. The question is
what have you, in the way of remembered converstaions setting up
the deal, in the way of letters of emails or memos to back up
your concept of what the agreement is?
Primarily you have the situation of being paid at a time related
to your work and the end of the relevant month. There has
clearly never been any complaint about your work, which makes any
failure to pay actionable.
Going to law is a tiresome and negative experience. However,
unless you know these people to be ligitigatious, it is well
worth consulting a solicitor just to know where you stand and
whether you would be able to claim worthwhile damages for breach
of contract - ie not paying on time.
I forget if you are UK or US based but I think there is still an
offer in the UK to consult at a very reasonable fee for a first
halfhour session. [I remember £5 but I have no idea how long
ago that was ;-)] It may be a that a letter from a bright
solicitor who clearly hears what you say and understands might be
money well spent.
If they know you mean business they might act quickly for fear of
your doning PR damage by making their behaviour public. Unless
you certainly own the work not paid for it would not be the best
move to interfere with it now. Again a good solicitor would
know. Might be worth contacting the Law Society for a list of
solicitors who do contract law.
Good luck with your efforts.
Joseph
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