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No payment for work completed 3 months ago
Thread poster: Alina A
Kirsten Bodart
Kirsten Bodart  Identity Verified
United Kingdom
Local time: 01:49
Dutch to English
+ ...
Yes, as it happens Oct 10, 2014

golf264 wrote:

Have you seen a shop that ships goods without payment?

I have just now asked an employer to make a small advance, * I mentioned other translators are having problems with employers that are not paying out. It is a small project, but employer has 1 BB record and seemed to eager to get me started and offered high rate. We will see.

And I will rather spare myself the headache of threatening this and that.

It is maybe a bit unfriendly but definitely all the more if it ends in legal threatening.

[Bijgewerkt op 2014-10-10 13:58 GMT]


Apart from Amazon, I've bought a washing machine from a German one without paying up front, I've bought wool from a Dutch shop without payment up front and I've bought clothes from a catalogue without payment up front, but cash on delivery). That was the way it used to go, not the other way around. So yes, there are lots of internet shops that don't require cash up front. But that's off-topic.

Anyway, you don't need to do anything, you just need to say you will do it. Big difference. Also filing a lawsuit in another country doesn't require your physical presence, that's what lawyers are for.

I'm also a bit concerned that this is a case of impersonation, though. These days passing yourself off as a different company or person is quite easy.


 
Alina A
Alina A
United States
Local time: 19:49
English to Polish
+ ...
TOPIC STARTER
Advance payment but nothing later? Oct 11, 2014

Perhaps I am getting very pessimistic and suspicious but has anyone got an advance before the translation but no payment of the remaining amount afterwards? I can see that might happen too with such dishonest people around. Yes, it would be better to get 10% than nothing but it would still be not acceptable.

 
Tom in London
Tom in London
United Kingdom
Local time: 00:49
Member (2008)
Italian to English
Italy Oct 11, 2014

Alina A wrote:

Can anyone offer any advice on how to get payment due to me for the translation project I completed 3 months ago? The project manager keeps telling me he'll look into that and how they always pay their translators but nothing follows from that. No check so far.


If the country is Italy then I regret to inform you that in many cases 3 months, and longer, is considered acceptable.


 
golf264
golf264  Identity Verified
United States
Local time: 19:49
English to Dutch
+ ...
Just an update on my own matter Oct 14, 2014

The original terms of the project I just worked on were with payment within 3 days, what by me also sounded too good to be true. Then they rattled off something about the 15th of the month, if everything was good with the client.

I have until now heard nothing back from them, so I emailed this morning local time, with the response of since I have heard nothing back from you, i assume everything sits good with the client and the translation. Will you please confirm payment tommorow (
... See more
The original terms of the project I just worked on were with payment within 3 days, what by me also sounded too good to be true. Then they rattled off something about the 15th of the month, if everything was good with the client.

I have until now heard nothing back from them, so I emailed this morning local time, with the response of since I have heard nothing back from you, i assume everything sits good with the client and the translation. Will you please confirm payment tommorow (the 15th)?

I got back an answer saying the client is still evaluating, as soon as he accepts, they will make payment.

I just sent them the following email (just now):

Dear Mrs XXXX,

Those were not the original terms of our pay agreement. I would like to friendly remind you that payment was agreed to upon within 3 days after invoicing, the 15th can be seen as a voluntary extension on my part.

I can give you maximally one more extension, up to the 17th of Oct (Fri) by which time payment will have to be made, or I will have to consider any and all other actions available to me to rectify this situation.

I hope you can understand that I expect to be compensated for the difficulty I undertook to complete the project(s) for you, in upholding my end of the bargain.



Sincerely,

AJ
XXXX Translations

What an unnecessary difficulties.
Collapse


 
golf264
golf264  Identity Verified
United States
Local time: 19:49
English to Dutch
+ ...
Could this be any way a police matter Oct 14, 2014

Regarding a scam and reporting it.

I am in the USA (as you've already probably seen next to my user name) and the outsourcer in Germany, but for that very reason, because laws vary from country to country, could it be fraud in Germany that someone is not paying for delivered services?

Which gov't authority can I contact? Can I do an internet complaint?

[Bijgewerkt op 2014-10-14 18:13 GMT]


 
golf264
golf264  Identity Verified
United States
Local time: 19:49
English to Dutch
+ ...
Harder cracking down Oct 14, 2014

Kirsten Bodart wrote:

golf264 wrote:

Have you seen a shop that ships goods without payment?

I have just now asked an employer to make a small advance, * I mentioned other translators are having problems with employers that are not paying out. It is a small project, but employer has 1 BB record and seemed to eager to get me started and offered high rate. We will see.

And I will rather spare myself the headache of threatening this and that.

It is maybe a bit unfriendly but definitely all the more if it ends in legal threatening.

[Bijgewerkt op 2014-10-10 13:58 GMT]


Apart from Amazon, I've bought a washing machine from a German one without paying up front, I've bought wool from a Dutch shop without payment up front and I've bought clothes from a catalogue without payment up front, but cash on delivery). That was the way it used to go, not the other way around. So yes, there are lots of internet shops that don't require cash up front. But that's off-topic.

Anyway, you don't need to do anything, you just need to say you will do it. Big difference. Also filing a lawsuit in another country doesn't require your physical presence, that's what lawyers are for.

I'm also a bit concerned that this is a case of impersonation, though. These days passing yourself off as a different company or person is quite easy.


I see from your language combination that you speak Dutch. Would you have a problem with it if I type to you in Dutch (easier for me)?

I fear rather that people are not any more afraid of the law. Society is so globalized and the rules so blurred, that no one feels limited to particular laws or regulations.

So it's something govt agencies will have to crack down hard on, to make clear that it is acceptable and that it really constitutes fraud. I would like to see prosecution or threat thereof in some cases. Why must it necessarily remain a civil case, if one does not pay for example restaurant owner or a taxi driver or a shop assistant at the time of delivery of services or goods, that person will be arrested for theft?

Sometimes governing with an iron fist is necessary.


 
Alina A
Alina A
United States
Local time: 19:49
English to Polish
+ ...
TOPIC STARTER
There is hope? Oct 14, 2014

I got an email from the pm saying the check is on its way. I certainly hope so. If I do get it, once again it will be confirmed that threatening legal action works. Until then, just keeping my fingers crossed...

 
Robert Rietvelt
Robert Rietvelt  Identity Verified
Local time: 01:49
Member (2006)
Spanish to Dutch
+ ...
Get real Oct 14, 2014

Dear Golf 264, and anybody whom it may concern,

"The original terms of the project I just worked on were with payment within 3 days"

Indeed sounds too good to be true. Miracles do happen, but normally a payment takes between 1 and 2 months. Out of experience I start complaining when a payment is 2 months overdue.

Furthermore:

"I got back an answer saying the client is still evaluating, as soon as he accepts, they will make payment"

... See more
Dear Golf 264, and anybody whom it may concern,

"The original terms of the project I just worked on were with payment within 3 days"

Indeed sounds too good to be true. Miracles do happen, but normally a payment takes between 1 and 2 months. Out of experience I start complaining when a payment is 2 months overdue.

Furthermore:

"I got back an answer saying the client is still evaluating, as soon as he accepts, they will make payment"

I think that is not your problem, but that of the agency you worked for, they are your client. I once waited for my payment, and after sending a mail to the agency I was told that the end client hadn't payed yet. I answered them that that was their problem, not mine. My agreement was with them, not with the end client, and I wanted my money, and I wanted it right now. They payed.
Collapse


 
golf264
golf264  Identity Verified
United States
Local time: 19:49
English to Dutch
+ ...
I have worked long enough as a Translator to know Oct 14, 2014

Robert Rietvelt wrote:

Dear Golf 264, and anybody whom it may concern,

"The original terms of the project I just worked on were with payment within 3 days"

Indeed sounds too good to be true. Miracles do happen, but normally a payment takes between 1 and 2 months. Out of experience I start complaining when a payment is 2 months overdue.

Furthermore:

"I got back an answer saying the client is still evaluating, as soon as he accepts, they will make payment"

I think that is not your problem, but that of the agency you worked for, they are your client. I once waited for my payment, and after sending a mail to the agency I was told that the end client hadn't payed yet. I answered them that that was their problem, not mine. My agreement was with them, not with the end client, and I wanted my money, and I wanted it right now. They payed.



To know that 3 days by no means a standard payout term is. This was however offered to me at the outset, and I accepted, making it the agreement. Which I just reiterated to my client, i.e. the outsourcer.

Now she writes:

Dear AJ,

As far as I am concerned, there has never been an agreement on a payment within 3 days after invoicing. Apart from that, this is not our usual payment method.

However, I don’t have enough information on the way of payment you agreed on with XXXX and YYYY. So I don’t want to tell you anything wrong.

XXX is on holiday at the moment. Thus, I would suggest that you contact my colleague via [email protected].

She will do the payments tomorrow so you may ask her if she is going to pay you as well.

Thank you for your understanding,"

I by no means am one to pick on strange terms, but if you accept to something, you must carry out your promise. I have already been very reasonable with extensions.

[Bijgewerkt op 2014-10-14 21:23 GMT]


 
golf264
golf264  Identity Verified
United States
Local time: 19:49
English to Dutch
+ ...
Strange Case indeed Oct 14, 2014

Alina A wrote:

I got an email from the pm saying the check is on its way. I certainly hope so. If I do get it, once again it will be confirmed that threatening legal action works. Until then, just keeping my fingers crossed...


I wouldn't be too concerned if that was the original payment method agreed upon. Generally is sending cheques outdated and not the preferred method by any modern employer, even in the US, most of them do bank deposits. Mail is often times unreliable, and maybe they are trying to blow you off with an excuse...

Unfortunately, know for a fact that you wll have to approach this civilly, as police in the US do not concern themselves with this type of matter even though it resembles scam/fraud perhaps some will have luck in some other countries with both civil AND criminal court options.

Your options are as follows (not per se in this order)

Collection Agency
Small claims
Lawyer - again in the US, they will likely blow you off for a small claim, you will pay them more than the cost of winning

Keep in mind, that you must not begin something that resembles harassment, otherwise they can sue you. Welcome to the land of unlimited possibilities.


 
Alina A
Alina A
United States
Local time: 19:49
English to Polish
+ ...
TOPIC STARTER
Hoping for payment, that's it Oct 14, 2014

All I am hoping for at this time is the payment and that's it. I have to say most of my payments (in the US) for one-time translation projects still come in the form of checks in the mail. The few agencies I signed Direct Deposit forms for don't even give me enough work to make it worth filling and sending the forms etc.

 
golf264
golf264  Identity Verified
United States
Local time: 19:49
English to Dutch
+ ...
Alls well that ends well Oct 15, 2014

Alina A wrote:

All I am hoping for at this time is the payment and that's it. I have to say most of my payments (in the US) for one-time translation projects still come in the form of checks in the mail. The few agencies I signed Direct Deposit forms for don't even give me enough work to make it worth filling and sending the forms etc.

Can I ask you what lessons you have learned for next time? I assume this is your first non-payment issue?


 
Alina A
Alina A
United States
Local time: 19:49
English to Polish
+ ...
TOPIC STARTER
Still waiting Oct 17, 2014

Well, actually this is my second non-payment. The first time around, the mention of Better Business Bureau worked just fine. This time, I'll answer your question once/if I get the check.

 
golf264
golf264  Identity Verified
United States
Local time: 19:49
English to Dutch
+ ...
Just an update on my own matter Oct 17, 2014

I finally got some payment from the Outsourcer. The half of it, with no announcement of when the rest.
No, I am not satisfied even though it is some money. Payment is on their terms, not mine, or ours.

[Bijgewerkt op 2014-10-17 15:47 GMT]


 
Alina A
Alina A
United States
Local time: 19:49
English to Polish
+ ...
TOPIC STARTER
Got the check! Oct 22, 2014

I finally got paid. Lesson I learned? Be careful before accepting an assignment. Keep asking more and more firmly if not paid. Escalate and threaten legal action if payment is missing for 2 -3 months when promised payment after 30 days. Worked for me!

 
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