Where to report a non-paying agency in UK?
Thread poster: Gytis Tereikis

Gytis Tereikis  Identity Verified
Lithuania
Local time: 15:59
Member (2013)
English to Lithuanian
+ ...
Feb 13, 2017

Hello Colleagues,

Do you know any UK government institution/NGO where non-paying translation agencies can be reported to, so that this would have a disciplinary effect on such agency, possibly moving them to pay their debt?

Also, what would be the most effective worldwide blacklists for such agencies? (The agency that I have in mind is already banned from posting new jobs on proz.com).

Thank you very much in advance for sharing valuable ideas!


 

Andreas Hild  Identity Verified
German to English
+ ...
Small claims court Feb 13, 2017

Gytis Tereikis wrote:
Do you know any UK government institution/NGO where non-paying translation agencies can be reported to, so that this would have a disciplinary effect on such agency, possibly moving them to pay their debt?


If this company is registered in England or Wales and they own you £10,000 or less, you can can make a fast tracked claim in a civil court.

You can start the claim online and will be required to pay a small fee. The claimant or their counsel normally has to be present at the final hearing. However, you can inform the court that you cannot be present and the matter will be decided on your submitted documents.

https://www.gov.uk/make-court-claim-for-money/overview
https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/
http://www.moneysavingexpert.com/reclaim/small-claims-court

[Edited at 2017-02-13 14:13 GMT]

[Edited at 2017-02-13 14:14 GMT]


 

Tom in London
United Kingdom
Local time: 13:59
Member (2008)
Italian to English
They don't pay Feb 13, 2017

QUOTE

"But what happens if you go to court and get a judgment in your favour, and the other side still won't pay up?

New research suggests one in four small claims court users who win their case only receive part of the payment they were awarded, while 6% end up receiving nothing"

https://www.theguardian.com/money/2010/nov/20/small-claims-court-enforce-judgment

You might also want to explore this:

https://www.moneyclaimsuk.co.uk/default.aspx

[Edited at 2017-02-13 16:22 GMT]


 

Peter Shortall  Identity Verified
Local time: 13:59
Member
French to English
+ ...
Legal action is more effective Feb 13, 2017

The only such blacklist I know of in the UK is a Linkedin group, and it's only accessible to ITI members (a rather select group!) I doubt that would put much pressure on a non-payer. If you're looking for a way of persuading someone to pay, why not try legal action? There are two routes you can take, though you may need to check whether they're available to people outside the UK - I'm not completely sure about that.

If the debt is less than £750, the creditor can make an online court claim through Money Claim Online (https://www.moneyclaim.gov.uk/web/mcol/welcome ). I did that recently, it was easy and only cost £25, which was reimbursed to me when my claim was successful as the debtor didn't bother to contest it.

If the debt is larger than £750, there is a "statutory demand" procedure, which involves sending a standard form by recorded delivery. It doesn't cost anything (other than postage) and you don't need a legal representative. The form warns the company that if they don't pay you within 21 days, you will ask a court to declare the company bankrupt or wind it up. From what I can gather, it's a very effective procedure! You can find the form and all the information you need here: https://www.gov.uk/statutory-demands/overview (click "Next" to find the form).

[Edited at 2017-02-13 17:09 GMT]


 

Gytis Tereikis  Identity Verified
Lithuania
Local time: 15:59
Member (2013)
English to Lithuanian
+ ...
TOPIC STARTER
And if the agency is under liquidation? Feb 13, 2017

Thank you for valuable advice, Andy, Tom and Peter!

Just now I found out that this agency is under liquidation. On the other hand, they have recently updated their website and it seems that they haven't stopped their operations, even though they fail to respond to my inquiries.

In view of their liquidation status, what are the options to claim the debt? Would they be different from what you have advised above? (https://beta.companieshouse.gov.uk/company/03573056)

[Redaguota 2017-02-13 18:34 GMT]


 

Nikki Scott-Despaigne  Identity Verified
Local time: 14:59
French to English
Claiming sums due from a client in liquidation Feb 13, 2017

If your client is already in liquidation, the chances of recovering what is owed are very slim indeed. That's the bad news.
One of the liquidator's jobs is to "rank" the debts. if you have not taken legal action, if you have not registered a judgment debt, there is next to no chance of your debt ever ranking sufficiently highly on any list for you to be paid.
By the way, are you sure the company is in liquidation? Are you sure they are still trading? Businesses that are in liquidation are supposed to cease trading, with, I believe, only a couple of rare exceptions.

To check the cocmpany's position, see here : https://www.gov.uk/find-out-if-a-company-is-in-financial-trouble


 

Gytis Tereikis  Identity Verified
Lithuania
Local time: 15:59
Member (2013)
English to Lithuanian
+ ...
TOPIC STARTER
In liquidation, indeed Feb 14, 2017

By the way, are you sure the company is in liquidation? Are you sure they are still trading? Businesses that are in liquidation are supposed to cease trading, with, I believe, only a couple of rare exceptions.


Hi Nikki,

Yes, they are in liquidation. I was able to find them using the link that you have provided. And you are right, I can't be sure if they are still trading. Their website looks like fully functional, but it doesn't prove that they are still there.


 

Sheila Wilson  Identity Verified
Spain
Local time: 13:59
Member (2007)
English
+ ...
Only one thing you can do Feb 14, 2017


Yes, they are in liquidation. I was able to find them using the link that you have provided. And you are right, I can't be sure if they are still trading. Their website looks like fully functional, but it doesn't prove that they are still there.

You need to register your invoice(s) with the official receiver. They'll tell you whether it's too late or not. You're very unlikely to get even a cent, if my experience is anything to go by (2 bankruptcies of €400 each), but still worth doing. There's nothing else that can be done, I'm afraid.

(Edited to try to sort out a premature send)

[Edited at 2017-02-14 09:57 GMT]


 

Tom in London
United Kingdom
Local time: 13:59
Member (2008)
Italian to English
A common trick Feb 14, 2017

Gytis Tereikis wrote:

Thank you for valuable advice, Andy, Tom and Peter!

Just now I found out that this agency is under liquidation.


Going into liquidation is a widely used trick to avoid paying people. Then a new company is set up.

[Edited at 2017-02-14 10:49 GMT]


 

Jo Macdonald  Identity Verified
Spain
Local time: 14:59
Member (2005)
Italian to English
+ ...
Find out if they have assets Feb 15, 2017

Hi Gytis,
Unless it's just a small fee as Andy said, before taking the legal route the most important thing is to find out if they have assets before you spend money on lawyers, because even if you win your case if there are no assets it'll be a waste of time and money.


 

Gytis Tereikis  Identity Verified
Lithuania
Local time: 15:59
Member (2013)
English to Lithuanian
+ ...
TOPIC STARTER
Thanks! Feb 15, 2017

Thank you very much for advise, Jo and Sheila.

 

Gytis Tereikis  Identity Verified
Lithuania
Local time: 15:59
Member (2013)
English to Lithuanian
+ ...
TOPIC STARTER
Assets much smaller than liabilities Feb 15, 2017

the most important thing is to find out if they have assets before you spend money on lawyers, because even if you win your case if there are no assets it'll be a waste of time and money.


I checked and it seems that they have 30,000 pounds as assets and more than 500,000 pounds as liabilitiesicon_smile.gif


 

Tom in London
United Kingdom
Local time: 13:59
Member (2008)
Italian to English
One important thing Feb 15, 2017

Gytis Tereikis wrote:

the most important thing is to find out if they have assets before you spend money on lawyers, because even if you win your case if there are no assets it'll be a waste of time and money.


I checked and it seems that they have 30,000 pounds as assets and more than 500,000 pounds as liabilitiesicon_smile.gif


One important thing you should do now is: go to the Blue Board and give that agency a negative rating with a warning about them. If they are not on the Blue Board, you can create an entry for them yourself. If you do this you can create an entry yourself.


 

Gytis Tereikis  Identity Verified
Lithuania
Local time: 15:59
Member (2013)
English to Lithuanian
+ ...
TOPIC STARTER
They are banned Feb 15, 2017

One important thing you should do now is: go to the Blue Board and give that agency a negative rating with a warning about them. If they are not on the Blue Board, you can create an entry for them yourself. If you do this you can create an entry yourself.


They are banned from posting new jobs on proz.com already.


 


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Where to report a non-paying agency in UK?

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