Payment recovery
Thread poster: Mala Trivedi

Mala Trivedi  Identity Verified
India
Local time: 16:51
Member (2016)
English to Gujarati
+ ...
Sep 14, 2017

I have worked for one of translation company of London. The person has paid part amount after that he stop responding call and start ignoring my message.


Is there any solution for getting part payment?


 

J KIM  Identity Verified
South Korea
Local time: 20:21
Member (2017)
Korean to English
+ ...
did you get the job via proz? Sep 14, 2017

If so, how about writing the review of complaint at the company's blueboard with low points? I read some cases that translators got paid after they complained there.

 

Mala Trivedi  Identity Verified
India
Local time: 16:51
Member (2016)
English to Gujarati
+ ...
TOPIC STARTER
Payment recovery Sep 14, 2017

Unfortunately He is not registered member. This is the first experience in my 7 years experience that i met such a person

 

J KIM  Identity Verified
South Korea
Local time: 20:21
Member (2017)
Korean to English
+ ...
oh my, Sep 14, 2017

I'm so sorry to hear that. Since this job is international, it's a pity that there's no such thing like the Executive that can force them to pay. I mean, of course we can sue them 'literally' but it's practically impossible. Definitely they lost a good translator. You'd better reckon you gave alms for the poor.

 

Nikki Scott-Despaigne  Identity Verified
Local time: 13:21
French to English
General comment Sep 15, 2017

Whenever a client stops answering the phone, no longer returns messages, etc., it is a generally a sign that the business is in difficulty and cannot pay. Otherwise, it can be a sign that they do not want to pay. In either case, it probably means you will not get the money you are owed. Seeking recvoery outside of the country where one is based is usually too expensive to be worth it, whether you opt for a debt recovery company or a lawyer.

 

Sheila Wilson  Identity Verified
Spain
Local time: 12:21
Member (2007)
English
+ ...
Rather a defeatist attitude? Sep 15, 2017

Nikki Scott-Despaigne wrote:
Seeking recvoery outside of the country where one is based is usually too expensive to be worth it

It may be true in some cases, and of course there's a limit to how much time and/or money you can spend on it. But giving up at the first hurdle isn't the course of action I'd advocate. Even if it's a small sum, I really believe we should make it very clear each and every time that they have an obligation to pay.

So, what to do?
- Give them bad publicity on ProZ.com. If they have no record here, first create one for them, then leave a warning for others.
- Give them bad publicity elsewhere - everywhere.
- Send a legalese-worded final demand by registered post and get a copy of the delivery receipt as proof they're ignoring their duty to pay.
- Once past the period allowed in the final demand, send a lawyer's letter if you can afford it - depends on the sums.
- Tell them you retain copyright until paid so their client is breaking the law by using the text. Say you'll have to warn the end client of possible legal action. Actually contacting the end client is something to think very carefully about. It's a serious matter and needs careful weighing up.
- Many recovery firms work for a proportion of funds recovered: 0 recovered = 0 fee.
- You can also make yourself a right nuisance by phoning/emailing frequently. But be careful to avoid harassment.

We all draw the line where we see fit, and of course it differs for every debt. But please let's not give clients the impression they can act with impunity. We don't work for free.


 

Mala Trivedi  Identity Verified
India
Local time: 16:51
Member (2016)
English to Gujarati
+ ...
TOPIC STARTER
I already spend a lot money for mobile call and messages Sep 15, 2017

I have been following up since June 2017 and started following up from August 2017, and send many messages over whatsapp.

Earlier, he was very decent because his intention was very bad. He was expecting, that I will keep messaging soft and decent way, but I lost my temper since many months, and he told over phone you might be loosing your payment. I also said you no need any excuse if you do not want to pay. I said you are not replying to me but you have to reply him(God) so he little feel shame and paid some money and then committed to pay in week time but he stop replying my message and phone.

Day before was my last message to him that , stop wasting my money tell me when you are paying else you want this money as donation? After that I have left blue board Law rating, during this I come to know he did fraud with another translator in at the same period of time.

I have spend a lot money for overseas call and messages but all fail.


 

Annamaria Sondrio
United Kingdom
Local time: 12:21
Member (Mar 2018)
English to Italian
+ ...
UK resident? Feb 17

Unfortunately having the same issue, with the difference that I'm resident in the UK (registered as self-employed) and the 'company' replies telling me they will pay me ASAP -but they don't. I'm very stressed, and shocked that a civilized country like the UK allows companies to behave in such unethical way. One of the invoices I sent them was issued over 3 months ago. The other one (and last one) was issued over 2 months ago. They never provided me with anything formal regarding their payment terms, only an NDA, but I have some emails where they state they aim to pay within 60 days from the receipt of the invoice. Is there anything I can do? What about the MCOL online service? Thanks.

 

Sheila Wilson  Identity Verified
Spain
Local time: 12:21
Member (2007)
English
+ ...
There are procedures to be followed Feb 17

Annamaria Sondrio wrote:
I'm very stressed, and shocked that a civilized country like the UK allows companies to behave in such unethical way.

It's certainly a very stressful situation, and I sympathise, but that shock seems a little misplaced. Have you even told the authorities that it's happening? The client isn't allowed to hire you and then not pay you, but it's up to you to do something about recovering your money in the event that they don't act lawfully.

Is there anything I can do? What about the MCOL online service? Thanks.

Well, there are all the steps I mentioned above. In addition, there's this MCOL thing that I didn't know about. I haven't investigated it but it looks like some sort of simplified small claims procedure, probably much like the European Payment Order. It could well work.


 

Josephine Cassar  Identity Verified
Local time: 13:21
Member (2012)
Italian to English
+ ...
Almost similar situation Feb 17

But different too as an invoice which was due has not been paid (fell due a week ago) and I hesitate to put a BB entry as I have another invoice which falls due next week-bigger amount- and another one after that. That is why I wonder whether to put a BB entry now or wait till next payment falls due. Company wrongly reasons that they always paid! Thank you for any help.

 

Annamaria Sondrio
United Kingdom
Local time: 12:21
Member (Mar 2018)
English to Italian
+ ...
Tricky behaviour Feb 18

The fact that they keep on saying that they will pay me ASAP prevents me from taking any formal action. I will see if I get paid tomorrow (Monday), and if not I will think about going formal. @Sheila: What authorities should I inform? Not sure about this point to be honest and any advice is welcome.

 

Sheila Wilson  Identity Verified
Spain
Local time: 12:21
Member (2007)
English
+ ...
Sorry, I wasn't at all clear Feb 19

Annamaria Sondrio wrote:
@Sheila: What authorities should I inform? Not sure about this point to be honest and any advice is welcome.

What I actually meant is that the courts - who act when a company breaches the rules of a contract - can't act until you've told them that the rules have been broken.

I think you (i.e. all suppliers in this situation) need to take some action when your invoices aren't paid. Otherwise you're just giving the signal that it's OK icon_frown.gif.
- The first golden rule in all cases of severe late payment is to stop all work for the client. Wait until the debt has been cleared in full, and even then it may be wise to ask for payment in advance to begin with.
- They're bound to have some money in the bank or trickling in. You need to make sure your invoices stay at the top of the pile for payment. So, quietly hoping they'll pay is the worst thing to do. Instead, make a noise! There are all sorts of possibilities: emails, phone calls, letters, private messages through website or networking profiles, entries on the BB and similar feedback...
- Send them a formal final demand. There are numerous example wordings online. Make sure you send it by post to their registered address, which is hopefully the address on the invoice(s), and get proof of their signature returned to you. That constitutes formal notification of the existence of the debt, so they can't say later that they never knew or whatever. If the date you specify passes without full payment being received, you can go on to the next step.
- Are they still solvent? Check them out on their country's register of companies. If they aren't, all you can do is register your claim with the official receiver.
- If they're still trading, and the amounts owed are large, and you think they might pull through this difficult time, you may want to offer them terms in the form of staged payments, to be strictly adhered to.
- If you suspect they're just stalling you because that works best for them, consider starting court proceedings. Sometimes you can initiate the process online and save the submission as a PDF. That's what I did with the EU Payment Order once, and that much was free, if rather time-consuming and confusing. I sent the PDF to my client and said I'd be submitting it to the courts on dd/mm/yy. He paid up, no doubt because he'd finally accepted this debt wasn't going away and would only get bigger. (The one time I did actually have to sue a client, they ended up paying out twice what they owed me, what with interest, legal fees etc icon_smile.gif). Of course, if you have to go through the entire process you're talking of several months, maybe several years. There are sometimes costs associated, but not always.
- If you don't feel confident about their future then a recovery firm would act quickly if the amount is large enough to interest them, but they would of course want some payment, often around 30%. There's a difference between the "don't want to pay" clients and the "can't pay" ones and sometimes 70% is as good as you're going to get from the latter. If the amount is small, you may be stuck with just making a noise. The Internet is a great place for that!


 

Annamaria Sondrio
United Kingdom
Local time: 12:21
Member (Mar 2018)
English to Italian
+ ...
Thanks! Feb 19

Sheila Wilson wrote:

Annamaria Sondrio wrote:
@Sheila: What authorities should I inform? Not sure about this point to be honest and any advice is welcome.

What I actually meant is that the courts - who act when a company breaches the rules of a contract - can't act until you've told them that the rules have been broken.

I think you (i.e. all suppliers in this situation) need to take some action when your invoices aren't paid. Otherwise you're just giving the signal that it's OK icon_frown.gif.
- The first golden rule in all cases of severe late payment is to stop all work for the client. Wait until the debt has been cleared in full, and even then it may be wise to ask for payment in advance to begin with.
- They're bound to have some money in the bank or trickling in. You need to make sure your invoices stay at the top of the pile for payment. So, quietly hoping they'll pay is the worst thing to do. Instead, make a noise! There are all sorts of possibilities: emails, phone calls, letters, private messages through website or networking profiles, entries on the BB and similar feedback...
- Send them a formal final demand. There are numerous example wordings online. Make sure you send it by post to their registered address, which is hopefully the address on the invoice(s), and get proof of their signature returned to you. That constitutes formal notification of the existence of the debt, so they can't say later that they never knew or whatever. If the date you specify passes without full payment being received, you can go on to the next step.
- Are they still solvent? Check them out on their country's register of companies. If they aren't, all you can do is register your claim with the official receiver.
- If they're still trading, and the amounts owed are large, and you think they might pull through this difficult time, you may want to offer them terms in the form of staged payments, to be strictly adhered to.
- If you suspect they're just stalling you because that works best for them, consider starting court proceedings. Sometimes you can initiate the process online and save the submission as a PDF. That's what I did with the EU Payment Order once, and that much was free, if rather time-consuming and confusing. I sent the PDF to my client and said I'd be submitting it to the courts on dd/mm/yy. He paid up, no doubt because he'd finally accepted this debt wasn't going away and would only get bigger. (The one time I did actually have to sue a client, they ended up paying out twice what they owed me, what with interest, legal fees etc icon_smile.gif). Of course, if you have to go through the entire process you're talking of several months, maybe several years. There are sometimes costs associated, but not always.
- If you don't feel confident about their future then a recovery firm would act quickly if the amount is large enough to interest them, but they would of course want some payment, often around 30%. There's a difference between the "don't want to pay" clients and the "can't pay" ones and sometimes 70% is as good as you're going to get from the latter. If the amount is small, you may be stuck with just making a noise. The Internet is a great place for that!


Dear Sheila,

I cannot thank you enough for the time you spent to write down all this precious information!
I can't obviously discuss personal details on here, but be sure that I'll get to the bottom of it.

With admiration,
Anna


 


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