Agency avoids payment and contact Thread poster: Dimosthenis Kythraiotis
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Hello everyone. I would like your advice regarding an issue that troubles my wife. She is also a freelance translator but she doesn't have an account here.
Right into the problem. From time to time for the last 2 years she was working with an agency that has an account here too, at this point I wouldn't like to disclose the name, and also has very good reviews, both here and on other websites. So, the agency reached out to her for a project which was to edit and review 11.000 words in a ma... See more Hello everyone. I would like your advice regarding an issue that troubles my wife. She is also a freelance translator but she doesn't have an account here.
Right into the problem. From time to time for the last 2 years she was working with an agency that has an account here too, at this point I wouldn't like to disclose the name, and also has very good reviews, both here and on other websites. So, the agency reached out to her for a project which was to edit and review 11.000 words in a matter of a few days. My wife completed the project and delivered it. After some days and without receiving payment yet, the agency asks her to review a part of the project from another translator in which the customer found some issues.
I have to state that the agency didn't provide clear instructions for the project claiming that the customer didn't do either. She completed the review and asked for payment only to get the answer "As soon as the whole project is delivered to the customer". The agency ignored my wife's e-mail for one week and then suddenly they appeared asking to review again another part of the project.
Long story short this happened a lot, more than 25.000 words were reviewed and, eventually, she ended up translating the project from the start. The agency continued to claim that it will pay once the project has been delivered and approved by the customer.
Again, communication was very difficult because the agency responded very late.
In the end, one very nice evening, she receives an e-mail from the agency asking her to review and edit a 400-page long document in 18 hours. My wife asked for an extension of the deadline as she had other projects that had priority and the deadline was either way too short.
The agency then said that this cannot happen as they need to deliver the project. At that point, my wife refused to receive that task and explained that the original agreement was very different and that she tried her best to help as much as possible because the agency couldn't find other translators. Of course, she didn't get a response. Two weeks after their last communication my wife sent an e-mail to ask again about the payment, it took the agency a good 4 days to answer back with the same "the project needs to be delivered to the customer first".
Two days ago my wife sent yet another e-mail as there have been 45 days since the last communication and the agency has not replied yet. In the same project, there was also a friend of mine working that hasn't received other requests for the project as my wife did and hasn't been paid for 2 months with the same excuse. So, my friend also emailed them asking about the payment and got a very interesting reply "As you have all quit the project, I have to find other translators to finish it and send it to the customer, then I will be able to pay you".
Again, I will not disclose the name of the agency. I saw a very similar complaint on the complaintsboard website for the same agency that follows the same pattern but it is the only negative review.
My question is how should we proceed? ▲ Collapse
| | | | Michael Newton 
United States
Local time: 21:27
Japanese to English
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| Avoids payment | Dec 9, 2021 |
Now is the time (actually past time) to put an unfavorable comment on the Blue Board. Give them a week. If they don't respond, send them a certified/registered letter saying that if they do not pay immediately you will initiate legal proceedings against them, no ifs, ands or buts. Ignore excuses. If they do not pay, start legal action. If this were in the United States, I would sue them in Small Claims Court. This is a charm and has always worked for me.
| | | | | | Tom in London
United Kingdom
Local time: 02:27
Member (2008)
Italian to English
Michael Newton wrote:
Now is the time (actually past time) to put an unfavorable comment on the Blue Board. Give them a week. If they don't respond, send them a certified/registered letter saying that if they do not pay immediately you will initiate legal proceedings against them, no ifs, ands or buts. Ignore excuses. If they do not pay, start legal action. If this were in the United States, I would sue them in Small Claims Court. This is a charm and has always worked for me.
I basically agree with Michael's suggestion. However I have found it's better not to tell them what you will do if they don't pay. It's more effective to let them work it out by themselves.
My messages to people like this end with the sentence
"Unless I receive payment in full, into my bank account, within 5 (five) working days, further action will follow without notice. This terminates the correspondence."
An email is usually enough. If they reply, or if they try to contact you in any other way (e.g. by phone or via a third party) DO NOT RESPOND.
I have ALWAYS been paid. Nobody has EVER succeeded in not paying me. It doesn't take them long to work out that (a) I'm serious and (b) bad things might suddenly start happening, without warning.
But you need to be ready, if need be, to take that "further action without notice" (Michael suggests going to the Small Claims Court; I would suggest hiring a lawyer whose business address is in the same city as the non-payer). There are nice people here on Proz who can help you to identify a suitable lawyer.
[Edited at 2021-12-09 11:16 GMT]
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| Thank you everyone | Dec 9, 2021 |
I want to thank everyone for responding. The agency is based in Asia, and we just learned from a former project coordinator that left the agency for personal reasons almost one year ago that other translators also told him that they never got paid, some lost around 600 USD, my wife's damage is more than 800 USD.
I will talk to a lawyer that is based in the same city as the agency to arrange further action once we send them one last e-mail as Tom and Michael suggested.
Once aga... See more I want to thank everyone for responding. The agency is based in Asia, and we just learned from a former project coordinator that left the agency for personal reasons almost one year ago that other translators also told him that they never got paid, some lost around 600 USD, my wife's damage is more than 800 USD.
I will talk to a lawyer that is based in the same city as the agency to arrange further action once we send them one last e-mail as Tom and Michael suggested.
Once again, I appreciate that you found the time to reply to my message as it is the first time my wife and I face this situation. ▲ Collapse
| | | | Adieu
Ukrainian to English
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| Looks like they ain't doing too well | Dec 9, 2021 |
These people have paid up before, but are now trying to play the "when we receive our payment from the client first" card?
Put pressure on them, chances are they are trying this on everyone and probably paying the pushier contractors who object on time(-ish).
There's a multitude of reasons why they collect far more from the client than the translator ends up getting and this happens to be one of those reasons. Her contract is with them and she frankly shouldn't have to ... See more These people have paid up before, but are now trying to play the "when we receive our payment from the client first" card?
Put pressure on them, chances are they are trying this on everyone and probably paying the pushier contractors who object on time(-ish).
There's a multitude of reasons why they collect far more from the client than the translator ends up getting and this happens to be one of those reasons. Her contract is with them and she frankly shouldn't have to give a damn if they EVER manage to collect from their client.
That's THEIR problem.
[Edited at 2021-12-09 12:37 GMT] ▲ Collapse
| | | | Adieu
Ukrainian to English
+ ...
If you're getting ghosted by a PM from a company you know, you can search your email history for other contacts from them. Senior-anythings or their payments people might be more receptive.
Also, check that you're actually working with who you think you're working with. Leaks of translator contacts, terminated PMs gone rogue, and just random people mass emailing proz members claiming to be from some company with offers of work that they never intend to pay for are surprisingly commo... See more If you're getting ghosted by a PM from a company you know, you can search your email history for other contacts from them. Senior-anythings or their payments people might be more receptive.
Also, check that you're actually working with who you think you're working with. Leaks of translator contacts, terminated PMs gone rogue, and just random people mass emailing proz members claiming to be from some company with offers of work that they never intend to pay for are surprisingly common.
I've gotten emails from people claiming to represent companies I am involved with that were later confirmed fraudulent before.
[Edited at 2021-12-09 12:47 GMT] ▲ Collapse
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Adieu wrote:
If you're getting ghosted by a PM from a company you know, you can search your email history for other contacts from them. Senior-anythings or their payments people might be more receptive.
Also, check that you're actually working with who you think you're working with. Leaks of translator contacts, terminated PMs gone rogue, and just random people mass emailing proz members claiming to be from some company with offers of work that they never intend to pay for are surprisingly common.
I've gotten emails from people claiming to represent companies I am involved with that were later confirmed fraudulent before.
[Edited at 2021-12-09 12:47 GMT]
That the company now is one-man-band and soon will be out of business, nevertheless my wife will demand the money as suggested and hopefully, we will not need to go through court but it seems that we might have to.
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Edward Potter
Spain
Local time: 03:27
Member (2003)
Spanish to English
+ ...
| Get something, anything | Dec 11, 2021 |
Be prepared to negotiate with them. Grab a percentage and go your way.
| | | | Michael Newton
United States
Local time: 21:27
Japanese to English
+ ...
| Avoids payment | Dec 11, 2021 |
I think offering to negotiate with them only weakens your case. You should keep the heat on.
| | | | | Thank you all | Dec 11, 2021 |
We are now in contact with lawyers in Asia to evaluate the situation. I really don't want to let them get away with it as the whole project created great stress for my wife and influenced other projects. Next week we will also send one last e-mail as Tom suggested.
Let's hope that the nightmare will be over.
| | | | Tom in London
United Kingdom
Local time: 02:27
Member (2008)
Italian to English
| Michael is right. | Dec 11, 2021 |
Michael Newton wrote:
I think offering to negotiate with them only weakens your case. You should keep the heat on.
I agree with Michael. Let us know when/if they pay.
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Happy new year everyone.
Good news, my wife got paid the full amount. After sending an e-mail as Tom suggested, the agency contacted my wife at the deadline asking her bank account to pay her, although the client didn't pay yet. Of course, she will not work for them again.
Thank you all for your time and suggestions.
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