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Poll: Have you ever hired a debt collection agency?
Thread poster: ProZ.com Staff
Ikram Mahyuddin
Ikram Mahyuddin  Identity Verified
Indonesia
Local time: 03:21
English to Indonesian
+ ...
No need Apr 10, 2008

I hope I won't need any debt collector in the rest of my life.

 
Marie-Hélène Hayles
Marie-Hélène Hayles  Identity Verified
Local time: 22:21
Italian to English
+ ...
Yet another occasion where a plain and simple "no" was needed... Apr 10, 2008

Charlie Bavington wrote:

Didn't really see an option equivalent to "no, not yet, but I will if it ever seems appropriate".



Or Charlie's suggestion, of course. No, you're not just being picky, Charlie.


 
Jennifer Forbes
Jennifer Forbes  Identity Verified
Local time: 21:21
French to English
+ ...
In memoriam
Once only Apr 10, 2008

I've used a debt-collection firm only once and with unsatisfactory results. The debt was about € 2,000 for a French agency which has since gone bankrupt (but it led me to join ProZ, so the experience had its positive side ...). The debt-collector claimed to specialise in foreign debts, but in the event put a girl who didn't speak French on my case. I had to sign an agreement to pay them a percentage of any amount I received after the signature date. I eventually got part of the money out o... See more
I've used a debt-collection firm only once and with unsatisfactory results. The debt was about € 2,000 for a French agency which has since gone bankrupt (but it led me to join ProZ, so the experience had its positive side ...). The debt-collector claimed to specialise in foreign debts, but in the event put a girl who didn't speak French on my case. I had to sign an agreement to pay them a percentage of any amount I received after the signature date. I eventually got part of the money out of the translation agency, but almost entirely through my own efforts, including calling on them personally while I was on holiday in the area concerned - an intriguing experience, so I had to pay the debt-collector a percentage of that sum. I complained about their inefficiency but they just stopped all contact with me - rather like the French translation agency, in fact. Depressing.
I can therefore tell Prozians the name of a debt-collector to avoid, if anyone would like to contact me personally, but cannot recommend a good one, though doubtless they exist.
Happy dunning,
Jenny
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M. Anna Kańduła
M. Anna Kańduła  Identity Verified
United Kingdom
Local time: 21:21
English to Polish
"Other" Apr 10, 2008

I could actually answer "No", but since "No" was followed by reasons that don't apply to me, I had to choose "Other".

No, I did not use collection agency, because I didn't have to. So far all my clients were paying, and when one was very late with payment (several months), I threatened them I wouldn't work for them any more (in spite of owing me money they were still sending small jobs) - I was paid within days
... See more
I could actually answer "No", but since "No" was followed by reasons that don't apply to me, I had to choose "Other".

No, I did not use collection agency, because I didn't have to. So far all my clients were paying, and when one was very late with payment (several months), I threatened them I wouldn't work for them any more (in spite of owing me money they were still sending small jobs) - I was paid within days


Anni
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Tatty
Tatty  Identity Verified
Local time: 22:21
Spanish to English
+ ...
Interesting Apr 10, 2008

So it would seem that a lawyer is the safest way to play it, although it costs more money.

I have an unpaid debt from about 4 years ago now, the company still exists according to the tax authorities, though it is now trading under a new name. It is dormant. In the past there was nothing to be done in this situation but under new EU legislation you can still attempt recovery but you must commence bankruptcy proceedings, which are very expensive, so it is therefore not advisable altho
... See more
So it would seem that a lawyer is the safest way to play it, although it costs more money.

I have an unpaid debt from about 4 years ago now, the company still exists according to the tax authorities, though it is now trading under a new name. It is dormant. In the past there was nothing to be done in this situation but under new EU legislation you can still attempt recovery but you must commence bankruptcy proceedings, which are very expensive, so it is therefore not advisable although the chances of recovery are very high.

I'm also surprised by the exceeding good track record of translation agencies because let's face it if you do work for agencies outside of your jurisdiction you won't have much leverage with them given that legal fees tend to be prohibitive.
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Erzsébet Czopyk
Erzsébet Czopyk  Identity Verified
Hungary
Local time: 22:21
Member (2006)
Russian to Hungarian
+ ...
SITE LOCALIZER
Never let not be paid for the job done, if you did your best Apr 10, 2008

Alexandra Goldburt wrote:

In case the client has a genuine money problem, I say I understand and wait a little longer (as long as they don't do it all the time). They usually appreciate my understanding, and in the future I'm on the top of their list to call when they have something in my language combinations.

There was only one occasion (in nine years) when I wasn't paid at all. The agency in question has severe financial difficulties and went out of business. I don't think that the collection agency would have helped me in that case - when the money simply isn't there, there is nothing a bill collector can do.


As from my side (as an agency) , if I would have genuine money problem, I should have and still have my OWN pocket, I think IF I WANT TO ACT HONESTLY, I can resend the bill (to protect the translator from tax payment of the income he/she never saw - in my country this is 20%) and call the translator and can transfer the amount or a part of it somehow from my own account or through colleagues or relatives. I had a very honest client who simply put those euros to envelope and sent it to me as reserved mail - who wants to pay, pays, who not - not pays anyway and will always find the reason how and why to delay or refuse it.

...when the money simply isn't there, there is nothing a bill collector can do...sometimes it is very good to ascertain the money simply isn't there or they just simply moved to somebody's pocket. Sometimes helps to remaind this somebody about the forgotten payment.

"They usually appreciate my understanding, and in the future I'm on the top of their list" - oh no, this is a myth! If somebody makes from you a fool once, they will alwasy make a fool from you. The good and clear business is paying without delay, and, if there are some problems, why those persons or agencies did not call us when these problems appearing, right at the moment? Usually the translators are informed after 15-30 days after due date...about problems. In the same times the agency or the company owner still uses his expensive company or private car, the luxury office is still rented in the reputable place of the city, they still using hi-tech mobile phones, monthly fee of which is three times more than the amount you are waiting for, so, in 2005 I made a nice scene in one of those offices and took the non-payer's nice club-tie and offered him to lead me to the nearest pawn-office where for his Rolex watches we can get the double sum in 5 minutes I was waiting for in two months. I received my payment in half an hour. Surely, I have a rarely nice voice when I am yelling)) and now, if I have to do it, I am able to yell and battle with all possible weapons for my people's and for my company's remuneration, also for my own self-respect any time.

Never let not be paid for the job done, if you did your best!

Regards, Liza Czopyk

[Módosítva: 2008-04-10 11:57]


 
Noni Gilbert Riley
Noni Gilbert Riley
Spain
Local time: 22:21
Spanish to English
+ ...
Hope I didn't sound too aggressive with my earlier posting! Apr 10, 2008

I did indeed send in the lawyers a few years ago, but of course only after going through all the "correct" steps, plus personal phone calls, and being open to negotiation, offering a sympathetic ear/flexibility etc, but in this case (the client lived virtually on my doorstep) I was provoked by their visible lifestyle!

Strangely enough, they took it on the chin, and we now greet each other cheerfully when we pass in the street! Perhaps that was because I stuck to my guns and showed
... See more
I did indeed send in the lawyers a few years ago, but of course only after going through all the "correct" steps, plus personal phone calls, and being open to negotiation, offering a sympathetic ear/flexibility etc, but in this case (the client lived virtually on my doorstep) I was provoked by their visible lifestyle!

Strangely enough, they took it on the chin, and we now greet each other cheerfully when we pass in the street! Perhaps that was because I stuck to my guns and showed that I wasn't uttering idle threats.... No further work has been forthcoming, so I haven't had to decide whether to take it on, (they've changed business activity so it's less likely they'll be dealing with English texts, so I don't have to worry about whether or not it is ethical to warn fellow local translators with a quiet word in the ear).
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Elodie Bonnafous
Elodie Bonnafous
France
Local time: 22:21
Member (2009)
German to French
+ ...
yes, today for the first time! Apr 10, 2008

I'm currently preparing to sue one client, my lawer is sure that I'm going to win, but I this client manages to prove that he has no money, I won't get my money back AND I will have to carry the suing and court costs!

Anyway, I'm suing him anyway, because I'm definitely sure to win.


 
Orla Ryan
Orla Ryan  Identity Verified
Ireland
Local time: 21:21
Have recently hired one! Apr 10, 2008

I had worked with a client for about three years and was always paid on time and used to get a lot of work from them, so it is unfortunate but necessary.

I don't know what on earth is going on over there since last autumn but you can guess the scenario - the manager is never there, I'm being fobbed off on the phone, emails go unanswered, reminders are ignored.
I didn't slave over two interminably long and boring Government reports into Gaelic for nothing, I want my money. In
... See more
I had worked with a client for about three years and was always paid on time and used to get a lot of work from them, so it is unfortunate but necessary.

I don't know what on earth is going on over there since last autumn but you can guess the scenario - the manager is never there, I'm being fobbed off on the phone, emails go unanswered, reminders are ignored.
I didn't slave over two interminably long and boring Government reports into Gaelic for nothing, I want my money. In any case, they can't say they weren't warned.

Orla
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Alexandra Goldburt
Alexandra Goldburt
Local time: 13:21
English to Russian
+ ...
My hat is off to Erzsébet Czopyk wrote: Apr 10, 2008

Erzsébet Czopyk wrote:

As from my side (as an agency), if I would have genuine money problem, I should have and still have my OWN pocket, I think IF I WANT TO ACT HONESTLY, I can resend the bill (to protect the translator from tax payment of the income he/she never saw - in my country this is 20%) and call the translator and can transfer the amount or a part of it somehow from my own account or through colleagues or relatives. I had a very honest client who simply put those euros to envelope and sent it to me as reserved mail - who wants to pay, pays, who not - not pays anyway and will always find the reason how and why to delay or refuse it.


Lisa – my absolute admiration for you and the honest client you’ve mentioned. I hope you have children to whom you transmit the values of honesty and integrity, as the world needs more people like you.

I do not want to say that everybody out there is a crook and that you should trust no one. This simply has not been my experience. In the majority of cases, people pay what they have promised to pay - as long as they have the money to do so. But, unfortunately, in the world as it is, I cannot expect that the owner of the company in trouble will pay me out of his own pocket. Most likely, the company in question is incorporated, which means – the owner of the company is legally protected from having to pay out of his own pocket. In fact, this is the major reason people incorporate their businesses!

In the same times the agency or the company owner still uses his expensive company or private car, the luxury office is still rented in the reputable place of the city, they still using hi-tech mobile phones, monthly fee of which is three times more than the amount you are waiting for


Based on my bookkeeping experience, this is not always the case. The company in trouble that I use to work for was very behind on paying rent for their office (and, yes, it was “in the reputable place of the city”), and eventually was evicted. They also had to eliminate more than half of their phone lines. Worst of all, they were behind in paying their employees! And I was the bookkeeper who had to explain it all to the people who called and asked for the money that was due to them. Not a position you’d want to be in…

So I always remember this experience when I make a collection call – after all, it’s not the bookkeeper’s fault! In cases like this, I try to bypass the bookkeeper if possible, and if I cannot reach the owner on the phone, I send a letter and/or an e-mail to the owner directly.

By the way, the owner of the company I mentioned above had serious personal money trouble, as well. He eventually had to give up his home and greatly downsize his personal expenses.

My point here is: yes, of course there are people who lie and invent excuses not to pay; but if the client’s trouble is genuine, being understanding makes sense.


 
John Walsh
John Walsh  Identity Verified
Italy
Local time: 22:21
Italian to English
same here Apr 11, 2008

Charlie Bavington wrote:

Didn't really see an option equivalent to "no, not yet, but I will if it ever seems appropriate".

[osEdited at 2008-04-09 18:17]

Though I did have to threaten an agency once.

[Edited at 2008-04-11 10:45]


 
Tomás Cano Binder, BA, CT
Tomás Cano Binder, BA, CT  Identity Verified
Spain
Local time: 22:21
Member (2005)
English to Spanish
+ ...
Taking someone to court in Spain.... pretty useless Apr 12, 2008

aceavila - Noni wrote:

And won...so don't mess with me, boys and girls!

[Edited at 2008-04-09 18:28]


Unfortunately I must say that taking someone to court in Spain is pretty useless. They declare themselves bankrupt and you have to pay the court, attorney, and all possible fees, just with the -rather useless- hope that in 10 years time (and checking regularly will cost you either your time or further attorney fees, as it does not happen automatically) this person has something you can take.

My experience is that someone owes you money in Spain your only option is to sit in front of their homes for some days with a BIG banner with the person's name and explain your situation to the porters, postman, local police and neighbours. Only if his/her face value in his/her local community is in danger then the person will feel inclined to pay. Everything else does not work over here.


 
Erzsébet Czopyk
Erzsébet Czopyk  Identity Verified
Hungary
Local time: 22:21
Member (2006)
Russian to Hungarian
+ ...
SITE LOCALIZER
people know, what they doing Apr 12, 2008

[quote]Alexandra Goldburt wrote:

Dear Alexandra, I am just a small owl in the hands of God. Thank you for your kind words.

"Lisa – I hope you have children" - yes, I have four: sons are 19,13,12 and my only one daughter is 11 years old. With 3 of them I live together since 2003 when I divorced.

I do not want either suggest you should trust no one, but 90% of my debtors were from the above-mentioned type.

"Most likely, the company in question is incorporated, which means – the owner of the company is legally protected from having to pay out of his own pocket. In fact, this is the major reason people incorporate their businesses!"

Having to do something because of regulations or just do something because of having conscience ? Acting just for business or understanding what it is - usually the people know, what they doing and of course, if I see in the news your office is burned up, I will NOT call you or ask for money: but one of my debtors is MY TRANSLATOR COLLEAGUE FROM SWITZERLAND...in two years, if her husband is a manager in the bank - there is no excuse.


 
Alexandra Goldburt
Alexandra Goldburt
Local time: 13:21
English to Russian
+ ...
regulations vs. conscience Apr 12, 2008



Having to do something because of regulations or just do something because of having conscience ? Acting just for business or understanding what it is - usually the people know, what they doing and of course, if I see in the news your office is burned up, I will NOT call you or ask for money: but one of my debtors is MY TRANSLATOR COLLEAGUE FROM SWITZERLAND...in two years, if her husband is a manager in the bank - there is no excuse.



Unfortunately, Lisa, regulations frequently protect people without conscience. It is true in the United States, and I'm sure it is true elsewhere.

You know, as I'm reading the discussions in "Money matters" section of the forum, I realize how lucky I am that I only had one really bad debt in nine years - and it was under $100. I read story after story of non-payments. I wonder, is there a solution? Should I ever trust a company that approaches me with an offer, especially if it's overseas? Honestly, I don't know the answer.

Respectfully yours,

Alexandra


 
Anton Konashenok
Anton Konashenok  Identity Verified
Czech Republic
Local time: 22:21
French to English
+ ...
Do-it-yourself debt collection in the EU Apr 16, 2008

I had a few clients who either totally ignored my past due notices, or replied with a promise to pay right away but did not pay. What is interesting, all of them paid very promptly after a notice of the following kind:

[A description of the status quo, e.g. "invoice no. XXX for the amoung of AAA with the terms of Net 30 was sent to you on DDD and is now YYY days past due".] Please be informed of my intention to collect interest on this amount in accordance with the Directive 2000/35
... See more
I had a few clients who either totally ignored my past due notices, or replied with a promise to pay right away but did not pay. What is interesting, all of them paid very promptly after a notice of the following kind:

[A description of the status quo, e.g. "invoice no. XXX for the amoung of AAA with the terms of Net 30 was sent to you on DDD and is now YYY days past due".] Please be informed of my intention to collect interest on this amount in accordance with the Directive 2000/35/EC implemented in [client's country] by [reference to the relevant legislation - easy to find on Internet] unless the problem is rectified immediately. Please respond by return e-mail with your proposed course of action. Lacking such response, I will be forced to take official measures right away.
Sincerely,
me

Directive 2000/35/EC deals with the matter of late payments to small and medium businesses. In particular, it states that in the absence of explicitly agreed payment terms, the Net 30 terms would apply by default, whereupon the interest would start to accrue at the rate of 6-month EURIBOR + 7%. Furthermore, if the matter is taken to court, this directive would prevent the debtor from weaseling out of paying the accrued interest and collection costs. By now, it has been implemented in all EU states.

[Edited at 2008-04-16 04:40]
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Poll: Have you ever hired a debt collection agency?






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