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The agency says the end client ran away and they don't pay...
Thread poster: Minoru Kuwahara
Minoru Kuwahara
Minoru Kuwahara
Japan
Local time: 09:13
English to Japanese
+ ...
TOPIC STARTER
thank you all. Aug 23, 2007

To Theresa and Boris:
Thank you for some views on my doubt. I did not want to bring this matter to a sort of dispute between us because of certain period of existing good working relationship, and as I mentioned, their payment practice was trustful just until this small job. Literally waiting was all I could do, I must esteem.

To Marius:
Definitely, I do agree, and now I'm thinking the same way.

To jelly:
Sorry about your case, while I suppose it's
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To Theresa and Boris:
Thank you for some views on my doubt. I did not want to bring this matter to a sort of dispute between us because of certain period of existing good working relationship, and as I mentioned, their payment practice was trustful just until this small job. Literally waiting was all I could do, I must esteem.

To Marius:
Definitely, I do agree, and now I'm thinking the same way.

To jelly:
Sorry about your case, while I suppose it's deifinitely a good practice of yours to let others be aware of those names.

To Chinh Chu:
Please note I was having good working records with the agency before this case. It was not very soon, if any, that I would see to it that a negative entry should be made into the Blue Borad. Also, the end client physically dissapeared, with no possibility for us to find their location nor make direct contact.

And to sum up:
1. Now I conclude it's apparently better to stay calm on the case and forget about it in view of following potential profitability of a new project.
2. No less regrettably, I have already put an entry about this agency to BB, for the sake of everyone to be alerted. However, what I hope is not that he's kicked out of the translation scene, but that their practice is improved in the following future.

Again, thanks all.
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Gianni Pastore
Gianni Pastore  Identity Verified
Italy
Local time: 02:13
Member (2007)
English to Italian
Let me put you in the picture Aug 23, 2007

efreitag wrote:

The only way to stop those people is to take them to court. You would get the money you might lose here next time, when a non-paying client doesn't try to cheat you, because he has been burned once. So this money really is an investion in yours and everybody's future safety.
If everyone just didn't react, there would be no risk for non-paying outsourcers: "As long as I keep the invoice amount below a certain limit, nobody's gonna sue me".


The average time to see the end of a civil trial in Italy is five-six years. Most of these people can escape payments anyway, because they either:

a) let their company go bankrupt whilst the trial is still on and, since they cannot be personally held responsible for payments, nobody gets paid. The day after they register the name of another company using their mum's name or whatever, and the game starts all over again. You have to pay your own lawyer, of course, which I can assure you it don't come cheap at all

b) they just skip from one client to the other, not paying a penny to anyone until they get caught. They get sued from 25.136 people, condamned to pay all the debt but the money are long gone and since you cannot go to jail for these kind of reasons, the worst thing can happen to them is to lose their car, since most definetely would be the only thing they registered under their name (if they've been stupid, that is).

These people don't care if you sued a bloke for a 10$ unpaid bill. They don't care if you have a whole pool of lawyers ready to fight in court, because they know that "if you have nothing, there's nothing you can lose". Sad, but true


[Edited at 2007-08-23 14:47]


 
Jason Willis-Lee
Jason Willis-Lee  Identity Verified
Spain
Local time: 02:13
Spanish to English
+ ...
make a small claim Sep 5, 2007

Hi Minoru,

I don't know if such an entity exists in Japan but if you are confident your work was fit for purpose, why not make a small claim with this agency. This assuming you don't intend to work for them again of course (your relationship with them should be terminated if you take such a step).

I recently made a small claim for as little as 130 euros and was paid promptly by the outsourcer in question after they received notification from the relevant small claims
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Hi Minoru,

I don't know if such an entity exists in Japan but if you are confident your work was fit for purpose, why not make a small claim with this agency. This assuming you don't intend to work for them again of course (your relationship with them should be terminated if you take such a step).

I recently made a small claim for as little as 130 euros and was paid promptly by the outsourcer in question after they received notification from the relevant small claims court.
My advice, don't accept a non-payment under any circumstances.

Good luck,
Jason.

mulberryfield wrote:

Hello colleagues,

I'm just curious howyou would respond in my shoes. I was having quite a good working relationship with an Indian agency whose owner/project magager was friendly and I got always paid well within reasonable terms. Practically I did not have any problems with working with them up until when I accepted a small job of 2000 words in the course of 2005.

At that time, I delivered the work by usual manner, then invoiced them upon delivery. However, later, I heard from the project manager himself that the end client, which was an agency in US, ran away without paying them. Rather surprised with the news, consequently, I was advised that I would be to be paid "out of his pocket money" for this job. So far, I believed him. However, I have been waiting for this payment all these 2 years, and in spite that I put several reminders, he seemed to become reluctant in replying to me without any clarification.

Now I don't know what to do. The payment amount from this job is a little over USD 100, which could be negligible when I think about a possibility that I would have to call for some kind of counter measure to collect the payment.

Meanwhile, I just would like to know how you address this kind of situation.

muberryfield
Minoru Kuwahara
English/French-Japanese translator
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Minoru Kuwahara
Minoru Kuwahara
Japan
Local time: 09:13
English to Japanese
+ ...
TOPIC STARTER
Thank you again. Sep 20, 2007

I just need to update how things went on this case. I contacted the project manager to check for the status of this payment. He confirmed he had his previous accountant send a draft to my address many months ago, which I verified I did not receive anyway. However, strangely enough, I received an envelope by the agency name with pretty much badly-written address, which safely arrived to me thanks to a well-established Japanese postal service. The period of it is at the end of August. There was a ... See more
I just need to update how things went on this case. I contacted the project manager to check for the status of this payment. He confirmed he had his previous accountant send a draft to my address many months ago, which I verified I did not receive anyway. However, strangely enough, I received an envelope by the agency name with pretty much badly-written address, which safely arrived to me thanks to a well-established Japanese postal service. The period of it is at the end of August. There was a letter from the PM stating he included a draft, but I did not find in it. It's apparently because his previous accountant forgot to do so. I instantly told him about this, and I was finally paid via moneybookers within a week disregarding a draft in case it would arrive.

I really have no idea what was happening, but it seems to have been partly because of their previous accountant deed and partly because of Indian postal services why I was not getting the draft they claimed to send already. There was a miscommunication as well. I double-checked to find I did not receive a notice from them that a draft would have been posted. I was asking a number of times by reminders when would be a timing of payment, for which I was not getting a clear response. After a while, he mentioned they already sent it.

All in all, now it's settled, and I'm hoping to continue to seek for future opportunities with them, but at the same time, there will never be a similar mistake.

I do thank you all that gave precious comments and advices here. As to BlueBoard entry, I accordingly deleted it with the precedent reason.

Wish you a nice day.

Regards,
Minoru

[Edited at 2007-09-20 10:00]
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Yan Huang
Yan Huang
Singapore
Local time: 08:13
English to Chinese
Sue end client to court? Nov 11, 2007

Chinh Chu wrote:

Telling your client you are going to contact the end client to claim your translation and that it is still your property until it is paid for. No one should be allowed to use it without your permission otherwise would be sued to court. And that you would not be responsible for keeping their documents confidential if everything would not be straightened out.



I'm having the similar problem. The client doesn't want to pay as they say they haven't received payment from their client. I'm not sure if I can mention the above measure to the client -- as I don't have the legal resource (or expense -- must be expensive) to sue the end client, but if I mention this will there be any legal problem if one day I have to handle the case to a colletion agency, they use this as something against me?


 
lbone
lbone  Identity Verified
China
Local time: 08:13
Member (2006)
English to Chinese
+ ...
Just forget it Nov 15, 2007

They were your proven friends for such a long time. They fell down then. We are not perfect people, neither are PMs.

My suggestion is just forget it.

[Edited at 2007-11-15 16:08]


 
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The agency says the end client ran away and they don't pay...







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