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VERY late payments from agencies -- what recourse (if any) does a subcontractor have?
Thread poster: Ulrike Lieder (X)
Daina Jauntirans
Daina Jauntirans  Identity Verified
Local time: 12:39
German to English
+ ...
Purchase order? Nov 19, 2001

I would be interested to hear from others about whether your clients use purchase orders (or do you send out your own job confirmations?) I have several that do, and that makes my life easier. Others don\'t and instead send me the details of jobs in e-mails, which I print out and save as \"purchase orders\" for my records. Is this sufficient to be considered \"in writing\"? Some of the others also occasionally send me an e-mail if their fax machine is down or whatever - would this be considered ... See more
I would be interested to hear from others about whether your clients use purchase orders (or do you send out your own job confirmations?) I have several that do, and that makes my life easier. Others don\'t and instead send me the details of jobs in e-mails, which I print out and save as \"purchase orders\" for my records. Is this sufficient to be considered \"in writing\"? Some of the others also occasionally send me an e-mail if their fax machine is down or whatever - would this be considered equal to a faxed purchase order? I suppose this could have implications if, as in Nikki\'s case, someone refused to pay.Collapse


 
Ulrike Lieder (X)
Ulrike Lieder (X)  Identity Verified
Local time: 10:39
English to German
+ ...
TOPIC STARTER
In memoriam
Purchase orders are fine and dandy, but ... Nov 20, 2001

This particular agency does indeed issue purchase orders which used to specify that payment would be made within 45 days of receipt of invoice (with the usual provisos as to work being of acceptable quality, etc.). Trouble is that they flat out refused to honor their own -written- commitments and paid after 90+, 120+ days or whenever someone screamed loud and long enough or threatened to take action. (I understand that they have meanwhile removed the 45 day clause from their POs; now they simply... See more
This particular agency does indeed issue purchase orders which used to specify that payment would be made within 45 days of receipt of invoice (with the usual provisos as to work being of acceptable quality, etc.). Trouble is that they flat out refused to honor their own -written- commitments and paid after 90+, 120+ days or whenever someone screamed loud and long enough or threatened to take action. (I understand that they have meanwhile removed the 45 day clause from their POs; now they simply do not state payment terms anymore...)



One would think that one would be relatively safe with a PO in hand, stating payment terms. But, unfortunately, a PO (or, for that matter, a contract) is only as good as the willingness of the issuer to honor its terms.



[ This Message was edited by: on 2001-11-20 15:08 ]
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Tom in London
Tom in London
United Kingdom
Local time: 18:39
Member (2008)
Italian to English
They want your work fast but their payment is slow or non-existent Oct 21, 2008

You agreed the terms.
You did a good job.
You delivered on time.
There were no complaints.
You invoiced for the job.
No reply.
You waited a month.
You waited two months.
In the third month you sent a polite reminder.
You waited a week.
They didn't reply.
You send another polite reminder.
They still didn't reply.

At this point I don't see why any translator should pussy-foot any more.

Take it straig
... See more
You agreed the terms.
You did a good job.
You delivered on time.
There were no complaints.
You invoiced for the job.
No reply.
You waited a month.
You waited two months.
In the third month you sent a polite reminder.
You waited a week.
They didn't reply.
You send another polite reminder.
They still didn't reply.

At this point I don't see why any translator should pussy-foot any more.

Take it straight to a debt-collection agency. Do it NOW.
Debt collection agencies terrify people who don't pay.
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Marna Renteria
Marna Renteria  Identity Verified
United States
Local time: 13:39
Spanish to English
Show them the result... Jun 2, 2009

...but don't deliver it until they pay? Is there a way for them to see the result in a format which they cannot copy-and-paste, and if they are satisfied, AND if they pay, THEN you will deliver it?

 
Interpreter246
Interpreter246
Local time: 18:39
Strange situation Oct 6, 2010

I've just been recently invited for an interview for a big advertising agency-I was invited by the co-founder herself. Not much about job description just we would like to test your written skills in Russian, I find your cv very interesting no mention where she saw my cv. And another thing she said that they have got an emergency as someone left. It took me 4 hours to travel there and back. I had to provide translation of about 10 sentences. She said the translation will be compared against othe... See more
I've just been recently invited for an interview for a big advertising agency-I was invited by the co-founder herself. Not much about job description just we would like to test your written skills in Russian, I find your cv very interesting no mention where she saw my cv. And another thing she said that they have got an emergency as someone left. It took me 4 hours to travel there and back. I had to provide translation of about 10 sentences. She said the translation will be compared against other candidates' and will get back to me the same day. Never heard from her again. Was I unsuccessful or did they just need a last minute translation for free? Surely after wasting all day on the "test" she should at least say thank you for your time but the position is closed. Anyone had similar experiences? I'm new to the industry. Would appreciate any advice how not to let it happen in the future. I'm quite upset by how I was treated.Collapse


 
Ulrich Leininger
Ulrich Leininger  Identity Verified
Germany
Local time: 19:39
English to German
My suggestion Oct 29, 2010

- Make sure your contract contains a clause saying that copyright ownership will remain with you until full payment is made.

- Threaten the agency to inform the end-client that they do not own the copyright of the translated materials.

I also had to wait a long time on occasion. In the end, however, I always was paid. I think the greatest risk, for freelancers and companies alike, is not poor payment behavior but bankruptcy of a limited liability company, because in tha
... See more
- Make sure your contract contains a clause saying that copyright ownership will remain with you until full payment is made.

- Threaten the agency to inform the end-client that they do not own the copyright of the translated materials.

I also had to wait a long time on occasion. In the end, however, I always was paid. I think the greatest risk, for freelancers and companies alike, is not poor payment behavior but bankruptcy of a limited liability company, because in that case, even legally you may not be entitled to payment (as the investor's liability is limited and the company has ceased to exist).

[Edited at 2010-10-29 07:18 GMT]
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Sergei Tumanov
Sergei Tumanov  Identity Verified
Local time: 20:39
English to Russian
+ ...
Anyway, it´s better Oct 29, 2010

… I consider myself fortunate to have received payment after 4 1/2 months ...


than a situation when an agency goes bankrupt on time.


 
Annie Sapucaia
Annie Sapucaia  Identity Verified
Canada
Local time: 13:39
French to English
+ ...
I'm baffled by this Apr 3, 2014

Ulrike Lieder wrote:


If 45 days stretch to 60 or even 75, and the client is up front with its subcontractors, I don\'t think anyone would mind (I know I wouldn\'t).



I absolutely WOULD mind! I have bills to pay, too. Being even one day late is unacceptable.

I've been freelancing for a short time and I seriously don't get this...I've never seen an industry where 1) a worker contracts his services and the client/agency decides what the payment terms are 2) the agency is still considered a good agency if they pay "a little bit" late - you see that all over Blueboard, stuff like, "a pleasure to work with...5 stars...they were two weeks late with payment but after I sent them an email they paid me." If they were two weeks late why on earth would they deserve 5 stars and how on earth are they "a pleasure"? It baffles me.

I'm currently going through this for the first time and I'm really annoyed. I was told payment was at the end of the month. It's the 3rd of the following month. I sent them an email yesterday and - no response. When I was working on their translations and had questions they answered straight away.


 
Jane Proctor (X)
Jane Proctor (X)  Identity Verified
France
Local time: 19:39
French to English
Exactly Annie. Apr 4, 2014

It's not up to the client to fix the payment terms in the first place!

 
Steffen Walter
Steffen Walter  Identity Verified
Germany
Local time: 19:39
Member (2002)
English to German
+ ...
I agree entirely, Annie Apr 4, 2014

Annie Sapucaia wrote:

Ulrike Lieder wrote:


If 45 days stretch to 60 or even 75, and the client is up front with its subcontractors, I don\'t think anyone would mind (I know I wouldn\'t).



I absolutely WOULD mind! I have bills to pay, too. Being even one day late is unacceptable.

I've been freelancing for a short time and I seriously don't get this...I've never seen an industry where 1) a worker contracts his services and the client/agency decides what the payment terms are 2) the agency is still considered a good agency if they pay "a little bit" late - you see that all over Blueboard, stuff like, "a pleasure to work with...5 stars...they were two weeks late with payment but after I sent them an email they paid me." If they were two weeks late why on earth would they deserve 5 stars and how on earth are they "a pleasure"? It baffles me.

I'm currently going through this for the first time and I'm really annoyed. I was told payment was at the end of the month. It's the 3rd of the following month. I sent them an email yesterday and - no response. When I was working on their translations and had questions they answered straight away.


If your first email remains unanswered, you might step up things and give them a call, or 'annoy' the accounts department (or even the CEO/managing director or business owner) by sending one reminder per day until they pay up. One of my direct clients also (sometimes) tends to 'forget' about the due date of a payment (30-day payment term). What I regularly do to prevent such delays is to send them a reminder two or three days before the due date, adding that 'I appreciate timely transfer of the invoiced amount'.


 
Kate Tomkins
Kate Tomkins
Local time: 18:39
German to English
This is the key Apr 4, 2014

"send a recorded delivery/ack of receipt reminder, stating further deadline"

This is the vital step you need to take to make it a legal process which will stand up in court. Once the letter has been posted, you have set the clock ticking for this agency. And as a large agency, they will be very aware of this. Emails and phone calls may well be a waste of time.

Set a 30-day payment deadline, or payment by the last day of the following month, and expect your clients to st
... See more
"send a recorded delivery/ack of receipt reminder, stating further deadline"

This is the vital step you need to take to make it a legal process which will stand up in court. Once the letter has been posted, you have set the clock ticking for this agency. And as a large agency, they will be very aware of this. Emails and phone calls may well be a waste of time.

Set a 30-day payment deadline, or payment by the last day of the following month, and expect your clients to stick to this.

If they are in financial trouble or too disorganised to meet these deadlines, stop working for the immediately unless they pay you in full in advance.

If we all set these standards, we would all be paid on time, as the agencies NEED translators. They should be expected to uphold the same professional standards (such as meeting deadlines) that we do.

[Edited at 2014-04-04 16:28 GMT]
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Angie Garbarino
Angie Garbarino  Identity Verified
Local time: 19:39
Member (2003)
French to Italian
+ ...
Right statement (we) Apr 4, 2014

KateKaminski wrote:
If we all set these standards, we would all be paid on time, as the agencies NEED translators. They should be expected to uphold the same professional standards (such as meeting deadlines) that we do.



"we ALL" is the key, I cannot even count the jobs I lost because I do not want to accept payments at 60-75-90 days.

Too many translators accept even 120 days, I can't.


 
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VERY late payments from agencies -- what recourse (if any) does a subcontractor have?







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