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Difficult situation - what can I do if the job was canceled when I had already finished it?
Thread poster: xxxsavaria
xxxsavaria
Hungary
Local time: 22:06
English to Hungarian
+ ...
Sep 18, 2008

Maybe I am posting this to the wrong place(to moderators, please feel free to move it to the most appropriate forum thread.)

A client asked me to translate a text.Later on,he cancelled the translation,but by then I have already finished the text and sent it to him by email.

Now he does not want to pay me a penny,referring to the fact that he did cancel the whole thing (although not in time).

What to do?How to prove that I am right?

The whole thing is about 200€.I do not want to leave that in his pocket.

[Subject edited by staff or moderator 2008-09-18 14:59]


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Justine Sherwood  Identity Verified
Spain
Local time: 21:06
Dutch to English
+ ...
PO? Sep 18, 2008

Did you have a PO and/or contract and if so, what does it say? How did he cancel - did he actually phone you and make sure you knew the contract was cancelled so that you could stop translating?

Any client I have worked for who cancelled a translation has always paid me for what I had translated up until the time of cancellation - and they always cancelled by phone to ensure I knew and would stop working straight away. However, it depends what kind of agreement you made with the client in the first place.


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Samuel Murray  Identity Verified
Netherlands
Local time: 22:06
Member (2006)
English to Afrikaans
+ ...
Two comments Sep 18, 2008

savaria wrote:
Maybe I am posting this to the wrong place (to moderators, please feel free to move it to the most appropriate forum thread.)


The moderators will do it with or without your consent

A client asked me to translate a text.Later on,he cancelled the translation, but by then I have already finished the text and sent it to him by email.


He owes you the money. If he had confirmed the job with you, and then cancelled later, he could have expected some leniency from you if you had not translated everything yet, but in your case you have done everything already, so he has no option but to uphold his side of the bargain.

Now he does not want to pay me a penny, referring to the fact that he did cancel the whole thing (although not in time).


Agreements between two parties can only be cancelled by some law or by mutual consent of both parties. He cannot just cancel the agreement himself.

What to do? How to prove that I am right?


He knows that you had done the translation before he cancelled because he had received it by then. But remind him anyway. Tell him that there is a contract and that you expect him to honour it.

He has already indicated that he is not going to honour the agreement, but on your side you should assume that he will until he doesn't. Then initiate normal arrears payment procedures that you would do for any other client.

If you want, you can offer a reduction in the payment. If he accepts, then at least you get some money with the least amount of effort. Odds are you won't get a penny from him else.


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Tomás Cano Binder, CT  Identity Verified
Spain
Local time: 22:06
Member (2005)
English to Spanish
+ ...
You should be paid Sep 18, 2008

Definitely. Print out the incoming email with the job stating that you have to do the translation, and your delivery email, and go to see the customer with the emails to negotiate a solution. If they don't agree, you should warn them that you will take them to court about it.

Is the customer in your country?


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Marie-Hélène Hayles  Identity Verified
Local time: 22:06
Italian to English
+ ...
The client's identity/nationality is completely irrelevant Sep 18, 2008

But in any case, he/she owes you the money, no two ways about it. It happens - end clients do cancel jobs, but any reputable agency won't just accept they have to pay for work you've already done, they'll be telling you to charge them for anything you've already done! (They, in turn, will charge the client.)

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xxxsavaria
Hungary
Local time: 22:06
English to Hungarian
+ ...
TOPIC STARTER
Breaking news - Next question: What to do now? Sep 18, 2008

I have just received a declaration by fax a couple of minutes ago ,firmed and everything stating that although they acknowledge that I did my best about handing in my translation on time,but at the same time they are awfully sorry and they apologise for this shameful situation (they declare it as shameful) ,but they cannot pay me a penny for my translation, because it turned out that they cannot use nor the original,and especially not the translation,not because of its quality but because of official reasons(not mentioned in detail),and as they cannot use it for anything,so they cannot make money with it,so they are unable to pay for my services.

Now what to do?

[Módosítva: 2008-09-18 20:23]


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Lawyer-Linguist  Identity Verified
Portugal
Local time: 21:06
Dutch to English
+ ...
Quality issues Sep 18, 2008

savaria wrote:

I have just received a declaration by fax a couple of minutes ago ,firmed and everything stating that although they acknowledge that I did my best about handing in my translation on time,but at the same time they are awfully sorry and they apologise for this shameful situation (they declare it as shameful) ,but they cannot pay me a penny for my translation, because it turned out that they cannot use nor the original,and especially not the translation,not because of its quality but because of official reasons(not mentioned in detail),and as they cannot use it for anything,so they cannot make money with it,so they are unable to pay for my services.

Now what to do?

[Módosítva: 2008-09-18 20:23]


Question: did you translate into English?


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xxxsavaria
Hungary
Local time: 22:06
English to Hungarian
+ ...
TOPIC STARTER
Yes,... Sep 18, 2008

Yes,it was actually a Hungarian into English translation.

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Allesklar  Identity Verified
Australia
Local time: 07:36
Member (2005)
English to German
+ ...
quality a separate issue Sep 19, 2008

If the translation looked anything like the post above, quality might be a valid reason not to pay for it, but a late cancellation is not.

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Samuel Murray  Identity Verified
Netherlands
Local time: 22:06
Member (2006)
English to Afrikaans
+ ...
It is likely Sep 19, 2008

savaria wrote:
I have just received a declaration by fax a couple of minutes ago, firmed and everything stating that although they acknowledge that I did my best about handing in my translation on time, but at the same time they are awfully sorry and they apologise for this shameful situation (they declare it as shameful), but they cannot pay me a penny for my translation...


It is therefore likely that they won't pay for it willingly. It is unfortunate and your options are rather limited. Speak to an accountant/bookkeeper in your country about what the procedures would be for writing off bad debt, so at least you can get a small tax break from all of this. Don't write to the client before you've spoken to someone about the procedures.


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KSL Berlin  Identity Verified
Portugal
Local time: 21:06
Member (2003)
German to English
+ ...
Clear breach of contract... Sep 19, 2008

If there isn't already a BlueBoard entry on this outsourcer, make one and post the problem there. Let them know you are doing so. Then investigate collection options. It doesn't matter in the slightest whether the end customer pays or not in this case - your contract is with the outsourcer, and you fulfilled your contractual obligations. It doesn't matter whether this outsourcer makes or loses money - there is a contractual obligation to pay. Since there does not appear to be any offer of compensation coming from the other party, that person is obviously not to be taken seriously as a business partner and should be pilloried by all legal means.

I see no reason to cut this person any slack in what appears to be a clear case of breach of contract.


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Deborah Hoffman  Identity Verified

Local time: 16:06
Russian to English
+ ...
save that fax whatever you do Sep 22, 2008

At least they sent you a nice piece of evidence. I'm sorry they have done this.

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Albert Stufkens  Identity Verified
Netherlands
Local time: 22:06
Member (2008)
Dutch to English
+ ...
Dishonest practice Sep 23, 2008

Technically you have nothing to do with the agency's risks.
Here we have two transactions:
One between the agency and his client.
One between the agency and you.
These transactions are generally mutually exclusive unless the contrary was made a condition for your work.
If you have received a proper PO or other evidence of the agency's order/request then you can threaten to sue him.
The term "unable" should read "unwilling"!




savaria wrote:

I have just received a declaration by fax a couple of minutes ago ,firmed and everything stating that although they acknowledge that I did my best about handing in my translation on time,but at the same time they are awfully sorry and they apologise for this shameful situation (they declare it as shameful) ,but they cannot pay me a penny for my translation, because it turned out that they cannot use nor the original,and especially not the translation,not because of its quality but because of official reasons(not mentioned in detail),and as they cannot use it for anything,so they cannot make money with it,so they are unable to pay for my services.

Now what to do?

[Módosítva: 2008-09-18 20:23]


[Edited at 2008-09-23 22:05]


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