Web developer has taken over my sales process and kept my money!

[NickNack81]

Hello,

Hope everyone is OK.

So I launched a new business at the beginning of March and the developer who build the website asked me for immediate payment when the crisis hit. We've worked together on lots of projects, I've always paid within a week or so and we have a friendly, good relationship. We had chat about our circumstances and at no point did he threaten me or suggest that he would take any action against me. I said I would pay him asap but could we just see how things pan out with the crisis which he agreed to. We then had various chats about things to do with the site, then he suddenly stopped replying. He restricted my access so I'm only able to update blogs etc but can't access plugins or the shop. I actually thought OK, I can understand why he's restricted certain parts and over the last few weeks continued to promote the new business.

I didn't have any sales which I thought was really strange because the feedback I've had for the products and launch has been really positive, so I thought I would test the process. So I bought a product from the shop and got the Paypal notification to say I had paid the developer!!!!! So the guy has taken over my sales process, added his own Paypal account and he's also changed his email address so it looks like the emails are coming from the business.

I have challenged him and he's admitted what he's done on email and given the reason that he thinks he's not going to get paid. What makes it worse is that he hasn't even mentioned it, or threatened me with any kind of action. He said he has no intention of keeping the money from the sales (I have made sales) but he won't hand anything over until the site is paid for.

Not only has he taken over my sale process, it's damaging for the brand as I haven't been able to carry out the customer service process and follow up with customers and the emails they have received have been from a random email address. I have spent money on social media ads and PPC to drive traffic too, all pointless.

Bare in mind the guy hasn't even invoiced me and the site isn't finished, he asked me for payment when the crisis hit in panic and has now taken this course of action.

I'm assuming what he has done is illegal, you can't just take over a businesses shop and sales process!? Any advice on what to do next would be appreciated. I don't want to pay in full until he hands the site back to me for obvious reasons.

Thanks

[MichelleMoo]

Do you have a contract in place with your developer? How you proceed greatly depends on what the contract says I would imagine.

The most obvious advice would be to speak to a solicitor, but that can get pricey very quickly, and they may not take on your case if it's small sums of money involved.

If I were you, I'd look into the small claims process. From memory you have to state you're going to take legal advice, if that gets no response, you issue a letter before action...

I can understand why you don't want to risk paying him until you have the site back. A very tricky situation!

[jaguarsuk]

What he is doing is committing fraud, he’s obtaining money by deception with each sale on the site and he’s admitted it in writing.

I’d be inclined to tell him this, that he should restore your access, send all the money he’s received from your site to you immediately and if he refuses you will report the offence to the police.

And that you will then pursue him in the civil courts for your losses which are the money he has taken and the money you have spent on social media ads/PPC.

Is the domain name registered to you and do you have the emails with the log in details for the domain with the registrant?

If you do potentially I can lock him out of the site, restore your access and switch the PayPal to yours at database level on the server.

Can only do it by accessing the domains database though, so would need the log in details for the domain.