HER2 Support Group Forums - View Single Post - Struggling over justice, money and difficult people

JessicaV · 07-26-2015, 09:30 PM

As I struggle against fatigue, insurance companies, and seeing a couple of clients on a back-to-work trial, I am having a very upsetting problem with a web developer. His wife is a local fellow psychologist I had known professionally for a couple of years and thought was a friend, and she recommended him, so I engaged him about a year prior to my cancer diagnosis to build me a website.
He insisted on a $1500 deposit before even meeting. (We never did get to meet) After a couple of months, since I had still not really managed to put together much about what text and pictures etc I wanted, I paid it as a gesture of good faith. And at the same time, I emailed him to say not to start yet cos I was not ready yet. Between then (Oct 2012 and Dec 2014, I several times suggested possible approximate dates to meet but always had to cancel them because I could not make it. Because of my increasing health problems with serious knee injuries (which I believe was part of the same VitD deficiency syndrome that I believe was a big part of the cause of my cancer) and then the Jan 2014 cancer diagnosis, surgery and TCH Chemo, and then ongoing severe fatigue, I was never actually ready till May of this year.
No contract was ever signed, just a quote, invoice and receipt, plus annual bills for domain reg at $50 per year. (So he has no contractual right to keep that money.) I kept in touch, emailing him every few months, and he occasionally emailed me to ask what I wanted to do with my website. Finally in May 2015 I emailed him all my pics and text and info re design and said I was ready to get this show on the road. First he said he would do it but it would take a long time because he is now working full time doing other (non-webdesign) work. I was prepared to be flexible so long so long as we had a first meeting and timeline.
Now he says he cannot do it at all, which I do understand, and would be fine with. Except that he has also decided the $1500 is his, that "you can't ask for refunds after more than 2 years", and that I have no right to ask for it back. He is quoting terms and conditions that he now wants to impose that mean I broke our agreement by taking more that 4weeks.
Alternatively he wants to charge me $900 for hosting a website that never existed, plus $200 for the last year's domain registration and pay the balance. I have tried to say I am willing to consider actually losses he has incurred at cost. But he will not produce any receipts for amounts he has had to pay, and seems to be thinking he can just through inflated costs at me and expect them to be paid out of my deposit.
The Business Dev Centre tell me that I have every right to have that money back, but may have to take it through the Magistrate's Court or hire a debt collector. They are currently trying to mediate, but they doubt that he will budge.
I am somewhat shocked at being treated like this, and even more at being made to battle to get my money back after my battle with cancer.
Furthermore, I have just discovered that he is a 38yr old paraplegic because he did very foolish things on fast bikes as a 15yr old. So he is in a wheelchair, and I gather is very good at using this to get his own way. I am worried that a Magistrate may well be influenced by this.
The whole thing is a massive energy drain, and I feel really stupid for paying over that much money without a contract and without being ready to start. if I could afford it, I would just drop the whole thing, but currently I am taking money from our small offset account on our large expensive family mortgage to pay for essentials. Because my husband earns over $60,000 before tax I am not eligible for help from Legal Aid.
Any suggestions? I am in Western Australia.

07-26-2015, 09:30 PM	#1
JessicaV Senior Member Join Date: Apr 2014 Posts: 206	Struggling over justice, money and difficult people As I struggle against fatigue, insurance companies, and seeing a couple of clients on a back-to-work trial, I am having a very upsetting problem with a web developer. His wife is a local fellow psychologist I had known professionally for a couple of years and thought was a friend, and she recommended him, so I engaged him about a year prior to my cancer diagnosis to build me a website. He insisted on a $1500 deposit before even meeting. (We never did get to meet) After a couple of months, since I had still not really managed to put together much about what text and pictures etc I wanted, I paid it as a gesture of good faith. And at the same time, I emailed him to say not to start yet cos I was not ready yet. Between then (Oct 2012 and Dec 2014, I several times suggested possible approximate dates to meet but always had to cancel them because I could not make it. Because of my increasing health problems with serious knee injuries (which I believe was part of the same VitD deficiency syndrome that I believe was a big part of the cause of my cancer) and then the Jan 2014 cancer diagnosis, surgery and TCH Chemo, and then ongoing severe fatigue, I was never actually ready till May of this year. No contract was ever signed, just a quote, invoice and receipt, plus annual bills for domain reg at $50 per year. (So he has no contractual right to keep that money.) I kept in touch, emailing him every few months, and he occasionally emailed me to ask what I wanted to do with my website. Finally in May 2015 I emailed him all my pics and text and info re design and said I was ready to get this show on the road. First he said he would do it but it would take a long time because he is now working full time doing other (non-webdesign) work. I was prepared to be flexible so long so long as we had a first meeting and timeline. Now he says he cannot do it at all, which I do understand, and would be fine with. Except that he has also decided the $1500 is his, that "you can't ask for refunds after more than 2 years", and that I have no right to ask for it back. He is quoting terms and conditions that he now wants to impose that mean I broke our agreement by taking more that 4weeks. Alternatively he wants to charge me $900 for hosting a website that never existed, plus $200 for the last year's domain registration and pay the balance. I have tried to say I am willing to consider actually losses he has incurred at cost. But he will not produce any receipts for amounts he has had to pay, and seems to be thinking he can just through inflated costs at me and expect them to be paid out of my deposit. The Business Dev Centre tell me that I have every right to have that money back, but may have to take it through the Magistrate's Court or hire a debt collector. They are currently trying to mediate, but they doubt that he will budge. I am somewhat shocked at being treated like this, and even more at being made to battle to get my money back after my battle with cancer. Furthermore, I have just discovered that he is a 38yr old paraplegic because he did very foolish things on fast bikes as a 15yr old. So he is in a wheelchair, and I gather is very good at using this to get his own way. I am worried that a Magistrate may well be influenced by this. The whole thing is a massive energy drain, and I feel really stupid for paying over that much money without a contract and without being ready to start. if I could afford it, I would just drop the whole thing, but currently I am taking money from our small offset account on our large expensive family mortgage to pay for essentials. Because my husband earns over $60,000 before tax I am not eligible for help from Legal Aid. Any suggestions? I am in Western Australia. __________________ 1997-2004 many cysts, many MG & U/S: polycystic breasts. Sept 2013 found lump,Cyst?? forgot lump. Dec 2013 GP check, Referred for U/S, MG,FNA. 7 Jan 2014 Radiology: Radiologist turned screen away from me. When asked she said "Not a cyst, very suspicious.See your GP asa results avail." Cancelled my psych clients for the week. 8 Jan 14 GP: 2.2cm IDC in 6cm DCIS field. FNA=malignant cells. Referred to Surgeon. Cancelled my psych clients for the month. 13 Jan 14 Surgeon said L mastectomy not lumpectomy, offered neoadjunctive trial, agreed adjunctive chemo after surgery a good choice for me. Booked Body scan and bone scan for staging (both fine) Surgery for16 Jan, 16 Jan 14 Surgeon also agreed in preop meeting to also remove 6cm fatty cyst in job lot. Good job done. 19 Jan 14 discharged home with 1 drain. 22 Jan 14 drain partly pulled out overnight, serious seroma (600 ml reducing removed every 2 days for a month) Serious staph infection because nurse said wait 3 days for yr surgeon appointment. 26Jan 14 pathology: 2.2cm Grade 3(3,3,2)ER-, PgR-, HER2+2 so to be confirmed by Sish test. Node negative. No vascular or lymphatic involvement. No metastases in scans. 30 Jan 14 HER2+ high amplification, 13 gene copies per cell. 21st Feb 14 Began 3wkly TCH adjuvant treatment at The Mount Hospital Perth, with 3monthly MUGA heart tests +Oncologist or Surgeon full physical check-up. Cancelled my psych clients for 6 months. Feb 14 First MUGA test: 71%, First C15.3 test: 20 7th March 14 began Neulasta self-applied injections 24hrs after each TCH treatment. Bonepain helped by spa, heatpacks and Claritin, reflux/indigestion helped by Somac. July 14 completed docetaxol and carboplatin, ongoing herceptin to 12 months. Severe cognitive deficit/fatigue after 1pm daily. Sept 14 Second MUGA test: 69% Cancelled my psych clients for 2014 Dec 14 Third MUGA test: 70% Second C15.3 test : 20 Cognitive fatigue delays return to work. March 2015 Tachycardia pulse 168, night in hospital. Cardiologist says no heart disease, ALIVE ECG attachment for my mobile phone now regular monitoring. July 2015 Worktrial, up to 8hrs per wk. Fatigue ongoing Aug 2015 Heart good, no evidence of cancer, just Fatigue. May 2019 Melanoma 1.5cm Stage 1 by right collarbone(was present as large freckle in 2014 and cut through by breast surgeon to remove fatty cyst at same time as mastectomy.) Melanoma removed leaving scar from shoulder to breastbone. In hospital twice for IV antibiotics. Told catagorically this could not be BC mets. Dec 2019 Still NED, still fatigue in late afternoon, but have my brain back in the early mornings. So most days I watch the sunrise and hear the birds morning chorus in my bush backyard and am glad to be alive and to be me still.