Pandora- he is claiming five power cords where pulled and left out! If we did it we would have noticed and put them back in at the very least. He is also stating that it was purposely done not an accident.
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Pandora- he is claiming five power cords where pulled and left out! If we did it we would have noticed and put them back in at the very least. He is also stating that it was purposely done not an accident.
Unless he has video evidence, or an eyewitness, or your staff had threatened to do this I think it will be hard to prove intent.
Has your soliciter been in contact with his, to see if he can substantiate any of these claims?
What business that relies on data does not have a UPS to stop this happening? Something smells a bit rotten here. I'm no IT expert but how can the data be lost from both the original source and the backup disk because of a power failure? I wonder if he is having financial difficulties and thought you were a soft touch because you are a small business, a woman and pregnant. I pity him really, he can't even bully a pregnant woman to give him want he wants.
Pandora- my lawyer said to wait to see if his lawyers sends a letter of demand but my lawyer too thinks he is all hot air
Little Chicken- I think he is just targeting me as an easy out too. He has no idea i am pg and I really wanted to mention it in the last phone conversation but i want to take the moral high road as this man seems to have very little compassion. It has caused so much stress at home in the last 24hrs my stomach is tied up in a knot and poor dh is breathing like he is about to have a panic attack!
We often have power failure at work, couple times a month and we have never lost data. Our backup is done nightly, I think it starts at either 1 or 3am, with the main one weekly. We are only small and still able to keep backups so something is not right there. Tell your DH to stop stressing as a few powercords removed will not wipe data.
If you shift or turn off your computer you don't data.
If cords are pulled a ups won't help but who would pull 5 cords and not notice or do it on purpose, it sounds like you are the scapegoat for him he is full of excuses.
Your lawyer should be able to arrange for an it company to go in and see how it's all setup.
My laptop overheats all the time and turns itself off, just goes black without a warning. I have never once lost data. If his computers were off, then a pulled out cable wouldn't do much surely. And if they were on and you accidently knocked them or whatever (and I'm not saying you did or anything), you would have noticed if they suddenly weren't running.
This guy seems like he's looking for a fall out person. If he contacts you again, I'd be telling him all further correspondence goes to your lawyer, and any fees you incur from legal action from your unpaid bill will also be forwarded on to him. He sounds like a charming man.
So the saga continues! Received an email today from him going on about not returning his property and also attached a quote to change all the locks in his building. He also stated he has proof that we where the only people in the building when the "fatal error" occurred. I once again explained I will return his keys when he pays and to please send the proof he has in regards to the lost data. He sent an email back stating we owe him double his first stated price and he will be passing the matter on to his lawyers.
My stomach is in knots!! He has made me sooo angry. All I have asked for is proof and my payment but he won't budge. Can he really go ahead with legal proceedings when I have offered to meet him half way on both issues?? I will be screwed if I have to pay him $4500 plus legal costs which he is now stating I owe.
Keep all of your previous correspondence with this guy in a file, so you can prove you tried to meet him halfway. What you've asked isn't unreasonable. I would definitely be seeking legal assistance though, will be well worth the money.
Lawyer has basically said wait until he involves lawyers until then it's all hot air.
If he still hasn't got a lawyer then it does sound like he is full of it and is hoping you are going to pay up no questions asked.
Keep all documentation and wait. It is now up to him to prove you did the wrong thing. It's now his word against yours so he has to come up with the proof. It still sound suss and if it goes further I would be getting someone independant to make an assessment of the problem. Pulled out cords will not make you loose data.
If he has not got legal advice by now you wonder why not. He is trying to bully you into paying and hoping you will cave. It's a good thing you got legal advice so early.
Let him stress about it instead of yourselves.
Definitely document everything, including taking notes of any phone conversations. Try not to worry too much though. You would be amazed how many people threaten legal action, and then when they actually sit down and find out how much that legal action will cost them, they decide (sensibly) to just let it all go.
Have you raised with your lawyer the issue of having your final invoice paid? I'm not sure from your email if he sent you the invoice for having already had the locks changed, or if he sent you a quote for what it will cost if you don't return the keys? If its the latter, you could perhaps try a compromise - return the keys in return for cash (bank cheque would also be ok, but not personal/company cheque, or a promise to do an electronic transfer) paying your invoice. Sounds like he could be past it, but at the same time lots of people are bullies over the phone and via email, but crumble when faced with an actual person.
Thanks for the replies!
I have tried to compromise and offered to return the keys in exchage for payment but he won't budge.
He also stated in his last email that the "fatal error" that came up on the computer occurred while we where in the building because we pulled out the power cord. We did not pull any power cords out so it's so frustrating to be accused of it! I was also reading "fatal errors" can happen for lots of reasons.
What I don't understand is if some cords are pulled out he looses data but if there is a power outage he doesn't. That does not make sense.
He sounds dodgy to me - trying to bully you to get what he wants. You have been very reasonable and he has given you no proof in return. Heres hoping that he will back down by himself.