Writing a Demande de mise
Thread poster: Chancexpression

Chancexpression  Identity Verified
Portugal
Local time: 17:25
English to Portuguese
+ ...
Jan 25, 2010

Dear colleagues,

I have an ex client from France (an agency) that owes me money and I've read here that the second step is to send them a "Demande de mise".

I would like to ask if there is some special info that I should include, beside all info related to the unpaid projects.

Thank you for your input!
Claudia


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Teresa Borges
Portugal
Local time: 17:25
Member (2007)
English to Portuguese
+ ...
Lettre de mise en demeure Jan 25, 2010

It is called "lettre de mise en demeure", please see the following link: http://www.modele-lettre.com/lettre-3422/mise-demeure-payer.html

Best regards,

Teresa Borges


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Sheila Wilson  Identity Verified
Spain
Local time: 17:25
Member (2007)
English
+ ...
Some important points Jan 25, 2010

Hello Claudia,

Bad luck on having found an unreliable agency. Are you sure they are still solvent? The "mise en demeure" certainly needs to be sent in any case, as it doesn't involve much expense, but if they are insolvent you will then need to address your claim to the official receiver, rather than pursuing the claim through the courts.

The model letter in the link Teresa has given you is for a private debt, but there are several things in common. I don't know the exact legal details, if there are any really fixed ones, but mine can't be that bad as I had a claim go through the courts once with no problems.

The important things are probably all pretty obvious: repeat all the details of the debt ie invoice n°; invoice date; amount due. Tell them you expect to receive the money within 15 days of the date of receipt of the letter (give them details of how to pay, of course), otherwise you will take legal action. You are entitled to demand interest, if you wish. I didn't, but the court insisted I add it when it was finally paid.

This letter MUST be sent to the correct registered office ("siège social") and it MUST be signed for by the addressee, with proof of acceptance/rejection being returned to you - I don't know how that works in Portugal but here in France it's called "recommandé avec avis de réception", in the UK it's a registered letter.

If nothing happens within the stated term, and you want to take it further, and you know they are still trading (you can check their status on the "Infogreffe" site), then you can make a claim for payment to the European Small Claims Court, providing it's not too large a sum (I think their limit is 2,000 Euros, but I'm not entirely sure). If they are in financial trouble you need to lodge your claim with the receiver (perhaps Infogreffe gives that info - I'm not sure).

Good luck and try not to let them get away with it. Oh, and help the rest of us by posting a warning on the Blue Board, please.

Let us know how it goes.
Sheila


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Chancexpression  Identity Verified
Portugal
Local time: 17:25
English to Portuguese
+ ...
TOPIC STARTER
Thanks to both of you! Jan 25, 2010

Thank you Teresa for the letter.

And thank you Sheila for clarifying all those aspects for me.

I believe they are still working, but don't worry, that agency has already been banned from Proz

"recommandé avec avis de réception" is here a "carta registada com aviso de recepção".

As it's not a very large amount (500 €), I really believe that they will pay so that they don't have further problems, but I will let you know.

Bottom line is: I'm certainly not letting them get away with it, for sure!!

See you!


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Teresa Borges
Portugal
Local time: 17:25
Member (2007)
English to Portuguese
+ ...
Bon courage! Jan 25, 2010

...

Teresa


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Chancexpression  Identity Verified
Portugal
Local time: 17:25
English to Portuguese
+ ...
TOPIC STARTER
My feedback on this... Apr 6, 2010

Time went by and as I have been very busy, I didn't arranged the 'Lettre de mise en demeure '... nor have I written to the client.

But the nice thing is that on March 16th I've received a Paypal payment from the client + an email apologizing for the big delay and explaining again that they have had big financial problems.

Well, I'm really glad that everything went fine for me, without having to waste time doing this and that

Thanks again for your time and thank you Universe


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Sheila Wilson  Identity Verified
Spain
Local time: 17:25
Member (2007)
English
+ ...
Good news Apr 6, 2010

salsa wrote:
I've received a Paypal payment from the client + an email apologizing for the big delay and explaining again that they have had big financial problems.


That's really good news, Claudia

So nice that you got both an apology and an explanation. Perhaps it would be worth posting that on the Blue Board - after all, it isn't just there for our gripes!

Don't spend it all at once!

Sheila


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Chancexpression  Identity Verified
Portugal
Local time: 17:25
English to Portuguese
+ ...
TOPIC STARTER
You are right! Apr 6, 2010

You are right, Sheila. I'm going to post it on blueboard. I'm not sure if I'm willing to work for them again, but they certainly deserve at least my feedback on that

Thank you


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