[AusNOG] Trouble with an ex-Customer

[Skeeve Stevens]

I don't think so.  Even so... why should I care?


...Skeeve

*Skeeve Stevens - *eintellego Networks Pty Ltd
skeeve at eintellegonetworks.com ; www.eintellegonetworks.com

Phone: 1300 239 038; Cell +61 (0)414 753 383 ; skype://skeeve

facebook.com/eintellegonetworks ;  <http://twitter.com/networkceoau>
linkedin.com/in/skeeve

twitter.com/networkceoau ; blog: www.network-ceo.net


The Experts Who The Experts Call
Juniper - Cisco - Cloud


On Tue, May 7, 2013 at 8:26 PM, Jared Hirst <
jared.hirst at serversaustralia.com.au> wrote:

> Is said customer on this list?
>
>
> On Tue, May 7, 2013 at 8:20 PM, Skeeve Stevens <
> skeeve+ausnog at eintellegonetworks.com> wrote:
>
>> So,
>>
>> This is a new one for me.... and I'd like to know what the community
>> thinks about this situation.
>>
>> Background first...
>>
>> We have an ex-client, a micro ISP who has been very hard to deal with
>> over the time we've been involved with them.
>>
>> Basically, They've been a customer for over a year, but only on a minimal
>> basis.  We offered them a higher level of service - even offered to let
>> them try it out for a couple of weeks for free before signing up to the new
>> level.  They seemed happy, and at the agreed upon date we asked them to
>> sign the agreement and can we issue the invoice.  They agreed to the
>> issuing of the invoice and then we sent the paperwork to them a little
>> later.
>>
>> Life goes on for a couple of weeks, and we're getting no response to
>> questions about the agreement or to overdue notices - while still
>> delivering them the service.  They request a meeting, and we agree... The
>> customer has some new staff who were quite arrogant, abusive, and question
>> everything we've ever done - even though they have no idea about this
>> industry or how it works.
>>
>> We don't appreciate being abused, so we say we'd rather not do business
>> with them anymore and suspend their support services with us the next day
>> due to the non-payment of their account.  All good and normal.
>>
>>
>> So a few days later they come at us with legal letters claiming we've
>> locked them out of some devices - which we haven't - we ceased doing any
>> work for them immediately.  We explained that we would help them with
>> whatever they needed - if all they did was pay their overdue invoices.
>>  They could do anything they needed themselves, but they are just clueless.
>>
>> Now, this has been dragging on for a few weeks with letters between
>> lawyers, with them claiming all sort of bizarre things.  My stance is that
>> 'without paying their invoice, we're not doing any work for them at all...
>> no handover, no anything'.  I am not in the habit of being bullied into
>> doing work for people - nasty letters or not.  They also threatened they'd
>> gone to the NSW Police Cyber Crime unit... who I called, and they just
>> basically shrugged their shoulders and said they'd received nothing yet but
>> will let me know if they do.
>>
>> Today we informed them that we will be deleting all information that we
>> hold of theirs in a few days (all documentation, etc).  I don't really want
>> to put us at any further risk by having access to their information -
>> whether it is still current or not.  We're completely within our rights as
>> we have no legal requirements to keep anything for them.
>>
>> So, an hour or so ago I got a call from my lawyer.  He was contacted by a
>> detective at the Kings Cross police station.  Apparently they ex-customer
>> has gone to the cops and made some claims and a detective seemed to think
>> that their claim may be valid under Section 308E of the NSW Crimes Act<http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s308e.html>
>>
>> The reason I am posting here is to draw on the communities experience of
>> these kinds of things.  I've not heard of the NSW Police getting involved
>> in these things, especially at the local station level... but it seems they
>> are.  I think that they are just using the Police to attempt to intimidate
>> me into doing work for him... but I won't tolerate that.  I am more than
>> happy to let them arrest me and let the DPP figure out how to prove their
>> case against me.
>>
>> Firstly, my lawyer agrees that they can't compel us to do work for them
>> without paying.  I also believe that under the Act above, that we haven't
>> "impaired" (by the Act's definition) anything by not giving them any
>> information or knowledge we have.  The lawyers agree.
>>
>> My view here is that they are free to go to any consultants anywhere...
>> hire who they like, but I am not going to be pressured into doing work for
>> them without them a) paying any unpaid invoices, or b) paying for any new
>> work they want, such as handover, etc.
>>
>> This is a frustrating situation as over the time we've been involved with
>> this customer he has been abusive and used very violent language in his
>> dramatic outbursts about completely bizarre things (like us expecting him
>> to read his email).
>>
>> I am sure some will say I shouldn't be discussing this here, but this
>> bullshit of going to the cops because I won't do work for him without him
>> paying his bills, is a new depth of stupidness I didn't think even they
>> would go to.
>>
>> So I am wondering if anyone else here has had these sort of intimidation
>> tactics used against them in this sort of context.
>>
>> If you have advice, but want to send it off-list, feel free.
>>
>>
>> ...Skeeve
>>
>> *Skeeve Stevens - *eintellego Networks Pty Ltd
>> skeeve at eintellegonetworks.com ; www.eintellegonetworks.com
>>
>> Phone: 1300 239 038; Cell +61 (0)414 753 383 ; skype://skeeve
>>
>> facebook.com/eintellegonetworks ;  <http://twitter.com/networkceoau>
>> linkedin.com/in/skeeve
>>
>> twitter.com/networkceoau ; blog: www.network-ceo.net
>>
>>
>> The Experts Who The Experts Call
>> Juniper - Cisco - Cloud
>>
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