How do I prosecute an agency based in Ireland?
Thread poster: Andries Conradie

Andries Conradie  Identity Verified
Germany
Local time: 15:54
Member (2008)
German to English
+ ...
Jan 17

I live in Germany and have suddenly not been paid by an agency in Ireland after years of collaboration, going back to 2010. She normally is a fast payer and her Blueboard entrants are all happy. I also made a positive entry way back in 2011! I completed a large assignment in June 2017. She and the client accepted my work and she received her payment from the client. Initially, she complained that she had received less from the client than what I had charged in my initial invoice although we had an agreement as to my fee for this particular assignment. I subsequently reduced my invoice from EUR 1300 to EUR 990. Since then, she just ignores my mails completely. I have been sending reminders and started to add 8% interest on late payment since this month. How should I initiate a EU small claims issue in Ireland? Can anyone give me concrete advice, please.
I am still reluctant to damage her image on the Blueboard after all these years....


[Edited at 2018-01-17 07:46 GMT]


 

Thomas T. Frost  Identity Verified
Member (2014)
Danish to English
+ ...
Sorry to hear that Jan 17

It sounds as if your client is in financial trouble. It would be a good idea to check if any receivership or liquidation proceedings are underway, but I don't know where to check this for Ireland.

Why should you reduce your agreed fee just like that? It doesn't sound right that she should suddenly be paid less than your fee if she has so much experience, and in any case that's her own internal problem, not yours.

I have posted some links that may or may not be useful below:

Entitlement to late fee and interest under EU law:

http://ec.europa.eu/growth/smes/support/late-payment_en

https://europa.eu/youreurope/business/sell-abroad/payments/late-payment/index_en.htm

http://ec.europa.eu/DocsRoom/documents/16222/attachments/1/translations

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:048:0001:0010:en:PDF

EU 'Order for Payment' procedure:

https://e-justice.europa.eu/content_order_for_payment_procedures-41-en.do

EU Small Claims procedure:

https://e-justice.europa.eu/content_small_claims-42-en.do

Be sure to post information about this on the Blue Board to warn your colleagues before they lose money too. If she doesn't pay, she is the one that damages her reputation, not you. It may be involuntary, but you should still warn your colleagues.


 

Andries Conradie  Identity Verified
Germany
Local time: 15:54
Member (2008)
German to English
+ ...
TOPIC STARTER
Trying to get money our of Ireland Jan 17

Thank you so much for your trouble. I appreciate it tremendously.

 

Sheila Wilson  Identity Verified
Spain
Local time: 14:54
Member (2007)
English
+ ...
Some personal experience Jan 17

Thomas T. Frost wrote:
It sounds as if your client is in financial trouble. It would be a good idea to check if any receivership or liquidation proceedings are underway, but I don't know where to check this for Ireland.

The details are in Wikipedia: https://en.wikipedia.org/wiki/Companies_Registration_Office_(Ireland)

Why should you reduce your agreed fee just like that? It doesn't sound right that she should suddenly be paid less than your fee if she has so much experience, and in any case that's her own internal problem, not yours.

It is indeed a shame that you did that, Andre. If there's any sort of blame at all on the supplier's part, even if it's just a breakdown in communication somewhere between the two parties, then there's always a case for a discount if you feel it will oil the path to future jobs. But not when 100% of the responsibility is on the client's side. They may not be to blame for their problems, but they certainly have to accept responsibility for them.

I completed an EU Payment Order online once. I wouldn't say it was particularly straightforward as I remember doing a lot of "brow-furrowing" over it. Anything legal is confusing to me and I remember it was designed as a one-size-fits-all form so it asked loads of questions that simply meant nothing. But I was offered the choice of my native language and the languages of the countries of both partners (EN, FR, ES), which was useful. I saved the completed form as a PDF and emailed it to my client, saying I'd be submitting it on DD/MM/YYYY. That did the trick icon_smile.gif! So I'm afraid I can't help with procedures beyond that point. I hope you get the same result. It does send a very strong "I mean business!" message to the client.


 

Andries Conradie  Identity Verified
Germany
Local time: 15:54
Member (2008)
German to English
+ ...
TOPIC STARTER
Trying to get money out of Ireland Jan 18

Thank you for your time Sheila. I appreciate it tremendously.

 

Tom in London
United Kingdom
Local time: 14:54
Member (2008)
Italian to English
None of that matter. Jan 19

Andre Conradie wrote:

....she complained that she had received less from the client than what I had charged in my initial invoice although we had an agreement as to my fee for this particular assignment


If she had already agreed to pay you X, she needs to pay you X.

Her problems with getting paid are not your problems-

You should not have reduced the amount.

Translators who have not been paid should never show weakness.


 

Katalin Horváth McClure  Identity Verified
United States
Local time: 09:54
Member (2002)
English to Hungarian
+ ...
Have you tried calling? Jan 19

If she doesn't respond to emails, it may be a good idea to pick up the good old phone. Isn't it possible that she is ill or otherwise incapacitated?

 


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