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Dancing around because of fault of a translator
Thread poster: xxxSoftlingua
xxxSoftlingua
Local time: 09:58
Norwegian to English
+ ...
Jul 10, 2005

Hi All,
One of my client give me back-translation work in some language pairs,So When I forward all work to my client, I got complaint in one language, The situation is:- Actually Client was having source file in english , so they already translated it from another agency in diffrent language, and give us translated file for back translation in english again.But when we send file to my client, the client complain me that it was same file it was in english, I ask translator to explain on the matter, he says that he got source original file from somewhere and simply done copy and paste of the file, and send to me. So could you please suggest , what Legal Action I can take against translator,as other translators done their work nicely(and I also paid them)but client refuse payment because of this one language.
So I want some legal help to claim my loss from this translator.
Thanks


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Marijke Singer  Identity Verified
United Kingdom
Local time: 04:28
Dutch to English
+ ...
Jul 10, 2005



[Edited at 2005-08-05 23:44]


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xxxSoftlingua
Local time: 09:58
Norwegian to English
+ ...
TOPIC STARTER
Back Translation Jul 10, 2005

Yes, I already say translator, that it is back translation. when I ask him to explain the situation, he appologize for his bad work and say me that If I will pay him in advance(in 1st PO he was agree on term of payment for 30 days), then he will do translation again. SO do you feel, If i will pay him in advance, he will do work properly or he will give me updated corrected file.When I say him that I will pay him immediatly after sending me work, he start sending me message that he will mail my client for these translators site that from next time onward my client can find translators directly.Now I am stuck with all payment from my client, because client is asking for explanation and updated corrected file, and I have no answer for my client.

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Barbara Micheletto
Italy
Local time: 05:28
Russian to Italian
+ ...
Just a suggestion... Jul 10, 2005

Maybe the best thing to do is to explain clearly and honestly the situation to your client, telling them the translator's name and that he/she is blackmailing you (so that, should the translator contact them, they already know he is dishonest - today he is blackmailing you, tomorrow he can blackmail them), and offer to have the translation done by another translator at some discount (I know it would be a pity, but at this point...). Meanwhile I would tell the bad translator that his/her threat is pure stupidity (had the customer wanted to find a translators' workplace by himself, he would already have searched and find it easily on the net) and that you are going to delete him permanently for your database and to claim damages through a lawyer.
My 2 cents,
V.


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Ralf Lemster  Identity Verified
Germany
Local time: 05:28
English to German
+ ...
Quality check Jul 10, 2005

I'm wondering why this wasn't spotted internally, during the usual quality check? Or did you simply forward the files received from the translator to your client...?

Best regards,
Ralf


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xxxSoftlingua
Local time: 09:58
Norwegian to English
+ ...
TOPIC STARTER
Quality Check Jul 10, 2005

Ralf Lemster wrote:

I'm wondering why this wasn't spotted internally, during the usual quality check? Or did you simply forward the files received from the translator to your client...?

Best regards,
Ralf



Hi Ralf,
The quality of translation was really very fine, as we check all file, and it was ok, after that we forward it to client, But how do we know that Client also have original source file, Since Client only give us Translated file to back translate into english, so when we send me translation, they send me feedback, that it was same copy of the original text which is already with client,so tell how me, how do we know that which file Translator provide me, it is same copy to original file, it means either Translator steal it from any source or from other resource.
atleast he should inform us about that, which he didnt do at all.
Now client send me Original file with backtranslated file provided by us, and we fine no diffrent between original english text and back translated text(which provided by translator to us).


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Ken Cox  Identity Verified
Local time: 05:28
German to English
+ ...
comment Jul 10, 2005

Fully agree with Viktorija's comments. It's presumably much more important for you to maintain a good relationship with your client than with the translator in question.

Why should you now pay the translator in advance to do the job he (or she) should have done in the first place but didn't do? He already cheated you once, and there's an excellent chance that he will do so again if given the opportunity (e.g, by making slight changes to the existing English text and claiming that it was 'back translated'). What he did was unprofessional, and his threat to contact your client directly is absolutely unprofessional and unethical.

[Edited at 2005-07-10 13:02]

[Edited at 2005-07-10 13:03]


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xxxSoftlingua
Local time: 09:58
Norwegian to English
+ ...
TOPIC STARTER
Legal action Jul 10, 2005

So could any please advice me,that what kind of legal action I can take against translator,Do any one advice me any legal consultant, who can help me on the matter.
Thanks for advice


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Ralf Lemster  Identity Verified
Germany
Local time: 05:28
English to German
+ ...
Don't look for legal advice in a public forum Jul 10, 2005

Hi again,
With all due respect, I don't think you'll find valid legal advice in a public forum - not least because one would have to take into account the terms and conditions agreed upon (based on the Ts&Cs in your purchase order, and/or the conditions defined in the translator's offer), plus the applicable laws (Indian law may apply here, but not necessarily so).

If the amounts concerned are large enough, I would suggest to get in touch with a solicitor.

Best regards,
Ralf


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Anil Goyal  Identity Verified
India
Local time: 09:58
English to Hindi
+ ...
Do you want to pay him again...!! Jul 11, 2005

Softlingua wrote:

....he appologize for his bad work and say me that If I will pay him in advance(in 1st PO he was agree on term of payment for 30 days), then he will do translation again. SO do you feel, If i will pay him in advance, ...



Maswood,

Just wondering, have you already paid him for his 'first round' of the job? If yes, is he asking you to pay again to make the first job good? if yes, and if you are ready to pay again for the same job(!!!!), then why are you going to the same guy!!?? If you agree to pay the second time as well, go to another translator.

If you have not yet paid him for his 'first round' of work, then you are in control, ask him to correct the task until the client is satisfied.


Anil



[Edited at 2005-07-11 10:42]


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Anil Goyal  Identity Verified
India
Local time: 09:58
English to Hindi
+ ...
Translator's name should be disclosed by the client Jul 11, 2005

Quite often client contact a different agency for the back translation work and a situation like this cannot be ruled out. This is more true for those languages where number of translators is limited.

This happened with me once. I did a translation job for a UK based agency. After a couple of weeks, I received the same files from a HongKong based agency for back translation as part of the quality check. I informed them that I was the original translator for this document and therefore, I was not the right person for this job.

There is a possibility that in this case also the files reached back to original translator. If the client had disclosed the name of translator, this situation could have been avoided.

Anil




[Edited at 2005-07-11 10:57]

[Edited at 2005-07-11 10:57]


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xxxSoftlingua
Local time: 09:58
Norwegian to English
+ ...
TOPIC STARTER
Translator must inform us Jul 11, 2005

[quote]Anil Goyal wrote:
This happened with me once. I did a translation job for a UK based agency. After a couple of weeks, I received the same files from a HongKong based agency for back translation as part of the quality check. I informed them that I was the original translator for this document and therefore, I was not the right person for this job.

There is a possibility that in this case also the files reached back to original translator. If the client had disclosed the name of translator, this situation could have been avoided.



Hi Anil,
I agree with you. The thing is, as I was aware of the back translation work, but was not aware that from where my client has done Translation work,So I think it was Translator's duty to inform us with the situation, As you also do the same thing, when u got to know that it was same translation then u ignore work, so It was completely translator's responsibility to inform me, but he didnt do that, and now I have nothing to explain with client.

so I think , I will explain all situation to client.

Thanks for advice


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