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No payment because the agency can't get his cleint to pay for the translation
Thread poster: xxxAmandine
xxxAmandine
Local time: 11:47
English to French
+ ...
Mar 24, 2004

Hi,

I really don't know what to do.

Early February I've accepted a translation job, 24000 words to do in a tight deadline (5 days).

I did the job and submitted the translation but still haven't received the payment.

Today I've received an email from the agency, I do copy/paste:

As for X translation, the news are no good for now.
For two weeks I received no answer from him either to my emails or phone calls.
Actually all I know of him is his email and phone number and that he worked for X.
The client referred to my old good partner and said he's his friend and asked for that urgent translation into several languages.
He promised the PO to be sent later and, since he mentioned one of my trustworthy clients I even did not doubt there would be any problems with him now.
It all means that I can not guarantee that payment will come soon enough. In the long run I can attempt to appeal to court but I still have not received from this guy the signed and verified PO. So the situation is uncertain for now. Am very sorry.

The thing is that I've recentlu checked the blueboard and I've seen that this agency already have two negative ratings out of 2!!!

And I've also done another smaller job for them about ten days ago.

What do you think I should do?

I mean I was supposed to get paid $350 for the job. It has been online briefly for about a day or so I reckon but then it was taken away.

Any help would be appreciated

Thanks

Amandine


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Ralf Lemster  Identity Verified
Germany
Local time: 10:47
English to German
+ ...
Contact a Jobs moderator Mar 25, 2004

Hi Amandine,
What you should do - unless you have already done so - is to enter a comment on the Blue Board. Then I would suggest to send a message to a jobs moderator (you'll be prompted to do so anyway, if you enter a low rating of 1 or 2), including details of the outsourcer.

Good luck, and best regards,
Ralf


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baroni  Identity Verified
Local time: 10:47
Member (2004)
English to Italian
+ ...
I have the same problem with an Italian customer Mar 25, 2004

He wrote me someting like that, therefore, together with two other colleagues, I have recently engaged a lawyer. This week he will send them a warning (notice to pay). It is not our business if our customer's customer does not pay. We delivered the translation on time, and in a good quality. Let's see what it will happen. I will keep zou informed"
Cheers
Francesca


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George Runde
Norway
Local time: 04:47
Norwegian to English
+ ...
the client is not a party to your contract Mar 25, 2004

What the agency agrees with the client about is not your issue. Your legal contract is with the agency, not the agency's client.

The agency is liable to pay you for the work you did, because they contracted with you to perform the work.

I would persist trying to collect. In the US, contract law states that if you are unaware of a contract, you are not a liable party to that contract. The client does not know who the agency contracted with to do the work, and you may not know the deals of the contract between the agency and the client. Ergo there are two contracts here, and the agency should not pass on their failure to collect onto you. It's not fair, and they have no legal leg to stand on.
Good luck,
George


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baroni  Identity Verified
Local time: 10:47
Member (2004)
English to Italian
+ ...
you're 100% right. In Europe it is the same Mar 25, 2004

George Runde wrote:

What the agency agrees with the client about is not your issue. Your legal contract is with the agency, not the agency's client.

The agency is liable to pay you for the work you did, because they contracted with you to perform the work.

I would persist trying to collect. In the US, contract law states that if you are unaware of a contract, you are not a liable party to that contract. The client does not know who the agency contracted with to do the work, and you may not know the deals of the contract between the agency and the client. Ergo there are two contracts here, and the agency should not pass on their failure to collect onto you. It's not fair, and they have no legal leg to stand on.
Good luck,
George


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