Odd employment issue.....
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Discussion

paulrockliffe

Original Poster:

16,555 posts

256 months

Tuesday 17th April 2012
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Could do with some advice on an odd situation that has arisen. I recently left employment with a small organisation, whilst there I setup a website and the webhosting is registered in my name rather than the organisation's name. As far as I can remember this is because they asked for a nominated contact rather than a company name for the account. The registered address is the employers address rather than a personal address. Payment for the service was by Direct Debit from the organisations account.

I've been made aware that the organisation have cancelled the Direct Debit payment on the grounds that it's a personal account in my name, ie the liability for payment lies with me personally. I will cancel the account and the organisation's website will be destroyed, however I don't know whether the service is under contract and liable for any cancellation charges. Will investigate this aspects shortly.

I could do with some help with asserting my position that the liability for the service (and any cancellation costs) lies with my former employer and then enforcing that position if necessary.

Has anyone ever come across anything like this before or able to offer any advice?

Thanks!

davepoth

29,395 posts

228 months

Tuesday 17th April 2012
quotequote all
Just tell them what will happen if they cancel the direct debit, if they want the website taken down, do so.

rog007

5,828 posts

253 months

Wednesday 18th April 2012
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One could conclude that you left not on the best of terms. Notwithstanding whether that conclusion is correct or not, it may be advantageous to do the right thing and talk to them to help resolve the situation in a positive way. Good luck!

arguti

1,867 posts

215 months

Wednesday 18th April 2012
quotequote all
rog007 said:
One could conclude that you left not on the best of terms. Notwithstanding whether that conclusion is correct or not, it may be advantageous to do the right thing and talk to them to help resolve the situation in a positive way. Good luck!
This.

Either discuss telephonically and follow up in writing/email OR email in the first instance so that there is record of the correspondence.

paulrockliffe

Original Poster:

16,555 posts

256 months

Wednesday 18th April 2012
quotequote all
Thanks for your replies, I can't really discuss the terms on which I've left, they're a lot more complicated than I have time to write up today! I've gone out of my way to be reasonable and have been more than helpful in handing over my work, despite minimal input into the process from my employer. I'm not about to start being difficult or unreasonable now.

My issue is that if there are cancellation charges or costs associated with the hosting service going forward and my employer refuses to honour them I would be left not knowing anything about it until I start getting debt collection letters at my parent's house. I don't know the legal position around the liability given that the account is in my name but the service is entirely related to my employer's business and was procured on their behalf. It's the legalities of the situation that I need to know about, if anyone out there can advise on that more specifically?

Thanks!

lestag

4,614 posts

305 months

Wednesday 18th April 2012
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JamieBeeston would probaly be able to tell you smile

blindswelledrat

25,257 posts

261 months

Wednesday 18th April 2012
quotequote all
paulrockliffe said:
I've been made aware that the organisation have cancelled the Direct Debit payment on the grounds that it's a personal account in my name, ie the liability for payment lies with me personally. I will cancel the account and the organisation's website will be destroyed, however I don't know whether the service is under contract and liable for any cancellation charges. Will investigate this aspects shortly.

I could do with some help with asserting my position that the liability for the service (and any cancellation costs) lies with my former employer and then enforcing that position if necessary.

Has anyone ever come across anything like this before or able to offer any advice?

Thanks!
.
We had this a while ago whereby we realised we had been paying for an old dial-up internet service for 5 years without realising it. They wouldn't let us cancel because it 'wasn't our contract' even though the situation was identical to yours.
I think I am right in saying that even if the contract is in your name- your address will be that of the company with few other personal details i.e. it is in your name only but every unenforceable against you because there are many "Paul Jones" in teh world and nothing about the account connects it with a specific "Paul Jones" if you get my drift.

mondeoman

11,430 posts

295 months

Thursday 19th April 2012
quotequote all
You did as as a specific part of the job for the company. Its the company address. Simply pass all correspondence from the hosting co to your old co and let them sort it out.

I'd say that personally you have no liability.

Snowboy

8,028 posts

180 months

Thursday 19th April 2012
quotequote all
Send an email copying both the old company and the Web Service provider.

Say that you have left the company and that some of the paperwork may still be in your name.
Could the two of them please liase to sort things out to ensure that there were no interruptions of service or any problems with names on contracts.

That you would be quite happy to sign any documents or answer any question as required. Could they please let you know within the next 10 days if there are any problems, otherwise you will assume that all is well and that any contractual obligations to either company have been concluded.