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Non-paying company in Spain
Thread poster: Anna Haxen

Anna Haxen  Identity Verified
Denmark
Local time: 03:39
Member (2005)
English to Danish
+ ...
Nov 2, 2009

Hello,

Judging from their rapidly deteriorating Blueboard record, many of us are currently having problems getting paid by this agency.

I would like to ask your advice on how to proceed as a freelancer living outside the EU.

More specifically, can anyone recommend a solicitor in Spain who might be trusted to try and secure the money I am owed?

Would it be possible for us non-EU citizens to join forces and take some sort of action as a group? Does anyone have any experience with that?

TIA,
Anna


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Alp Berker  Identity Verified
United States
Local time: 21:39
Turkish to English
+ ...
Me too. Nov 2, 2009

Hi Anna,
I am having issues with I believe the same company. It was suggested on the BB to contact the CEO and other VP's in the company first. I haven't yet, But if you email me we can try this first, maybe together if it would help.
You may also want to send emails to the other individuals on the BB.
If this doesn't work, I would be interested in other actions.
regards,
Alp Berker


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Anna Haxen  Identity Verified
Denmark
Local time: 03:39
Member (2005)
English to Danish
+ ...
TOPIC STARTER
Been there, done that :-) Nov 2, 2009

Hi Alp,

I emailed the CEO and received a very friendly reply, saying he would look into it and get back to me a few days later, which he didn't, of course. I'm sending reminders once a week to the CEO and all the PMs involved, but I get no reply.

I even received a new request for translation at one point, which I turned down because of the payment issues.

Anna


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Miguel Garcia Lopez  Identity Verified
Spain
Local time: 03:39
Member (2008)
English to French
+ ...
Recobralia Nov 2, 2009

Hi suggest you search for this company in Google.
They can start in your behalf a "Proceso Monitorio", a judicial claiming for debts less than 30.000 Eur.


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John Rawlins  Identity Verified
Spain
Local time: 03:39
Spanish to English
+ ...
Do you know who the end client is? Nov 2, 2009

If you are certain that you do not wish to work for this agency again and you fear that it may be going down the bankruptcy road - then now may be the moment to take the gloves off. Threatening to contact the end client may provoke payment - if that fails then contact the end client.

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Anna Haxen  Identity Verified
Denmark
Local time: 03:39
Member (2005)
English to Danish
+ ...
TOPIC STARTER
Confidentiality? Nov 2, 2009

Yes, I know who some of the end clients are, and I did think of doing that, but I signed an agreement that I wouldn't contact end clients etc., so I'm not sure if it's okay to do it the way things are now. Is it allowed? I wouldn't want to risk a law suit.

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John Rawlins  Identity Verified
Spain
Local time: 03:39
Spanish to English
+ ...
It's a two-way street Nov 2, 2009

You promised not to contact their end-clients and the agency promised to pay you. They can rat on the deal but you can't?

There is an argument that says the copyright on your translations is still yours as you haven't been paid. The agency will certainly get worried if you threaten to tell their clients that they cannot use the translations that they have probably already paid for.


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John Rawlins  Identity Verified
Spain
Local time: 03:39
Spanish to English
+ ...
Blueboard horror story Nov 2, 2009

I have just looked at this company's Blueboard. It is the worst I have ever seen.

Either the company has become fraudulent, or it is facing bankruptcy. If they owed me money I would be very nervous indeed.

As an individual your best bet is to try and persuade them to pay you before all the other translators. Threatening to tell their clients is probably the only quick-fire weapon you have. Forming a creditors group may be more ethical, but it may help force the company over the edge before any of you get paid.

Does anyone know if the company is still commissioning translations?


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Tomás Cano Binder, BA, CT  Identity Verified
Spain
Local time: 03:39
Member (2005)
English to Spanish
+ ...
Further research is needed here! Nov 2, 2009

John Rawlins wrote:
There is an argument that says the copyright on your translations is still yours as you haven't been paid. The agency will certainly get worried if you threaten to tell their clients that they cannot use the translations that they have probably already paid for.

Actually John this is a very important idea here.

I am sure supplier and NDA agreements with most of my customers reflect that I do not own the copyright in any case (I am lucky to say that 99% of my payments come on time), but I think it could be a good thing to promote the idea of not signing agreements unless they contain that copyright belongs to the translator until s/he gets paid for the job!

It just makes sense!


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John Rawlins  Identity Verified
Spain
Local time: 03:39
Spanish to English
+ ...
Totally agree Tomás Nov 2, 2009

Tomás Cano Binder, CT wrote:

I am sure supplier and NDA agreements with most of my customers reflect that I do not own the copyright in any case (I am lucky to say that 99% of my payments come on time), but I think it could be a good thing to promote the idea of not signing agreements unless they contain that copyright belongs to the translator until s/he gets paid for the job!

It just makes sense!


I agree with you 100% Tomás. Any agency that refused to agree to that clause must be seen as very dodgy.

Although, I wonder if a translator still has the copyright even if they have signed such a clause but haven't been paid. We all need a lawyer in the family.


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Libero_Lang_Lab  Identity Verified
United Kingdom
Local time: 02:39
Member (2006)
Russian to English
+ ...
Agency name: Have I missed something? Nov 13, 2009

Hi,

Can you tell me the name of the agency being discussed here? I didn't see it mentioned. I have an idea who it might be. Can anyone oblige?

Thanks,
Dan


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Yolanda Broad  Identity Verified
United States
Local time: 21:39
Member (2000)
French to English
+ ...

MODERATOR
Please, do not give outsourcers' names on the forums Nov 13, 2009

If you have a report to make about an outsourcer, the appropriate place to do so is in Blue Board.

Outsourcers may not be discussed specifically. Posts or comments regarding a specific outsourcer (identified by name, reference, link or other means), whether positive or negative, are not permitted. (To indicate their likelihood of working again with a given outsourcer, site users should use the ProZ.com Blue Board.) http://www.proz.com/siterules/forum/8#8


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John Fossey  Identity Verified
Canada
Local time: 21:39
Member (2008)
French to English
BlueBoard reference? Nov 14, 2009

Well then, is there some way to make a reference to the BlueBoard entry? Its evident that some of the posters here know who is being discussed and others don't.

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Anna Haxen  Identity Verified
Denmark
Local time: 03:39
Member (2005)
English to Danish
+ ...
TOPIC STARTER
Paid! Nov 24, 2009

Hello again,

I just thought I'd let you all know that I was paid in full yesterday. So it seems that at least sometimes it does pay to keep pestering non-payers and giving them a feeling that you're not going to go away.

Anna


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