Payment problem. Should agency pays me regardless of any situation after they requested my invoice?
Thread poster: Yi Wei Cheah
Yi Wei Cheah
Yi Wei Cheah  Identity Verified
Malaysia
Local time: 20:01
Chinese to English
+ ...
Sep 26, 2018

Hi,
I've been working on several projects for a certain translation agency and they requested me to submit my invoice upon me emailing them the translated files, promising they will pay me 30 days after invoicing. It's been 3 months since then and they haven't pay me, the reason they gave was that the client hasn't approved the translation yet. Since they've asked for me to send them an invoice, I am in the right to expect payments after 30 days of invoicing regardless of the situation, am
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Hi,
I've been working on several projects for a certain translation agency and they requested me to submit my invoice upon me emailing them the translated files, promising they will pay me 30 days after invoicing. It's been 3 months since then and they haven't pay me, the reason they gave was that the client hasn't approved the translation yet. Since they've asked for me to send them an invoice, I am in the right to expect payments after 30 days of invoicing regardless of the situation, am I right?
Can someone please help me on this issue?
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writeaway
writeaway  Identity Verified
French to English
+ ...
Three months is a suspiciously long time to wait for 'approval' Sep 26, 2018

It looks from here like the agency is trying to avoid payment. 3 months is a suspiciously long time to wait for the end client to provide feedback.
Imo.


Nikki Scott-Despaigne
Yolanda Broad
Maria Teresa Borges de Almeida
conejo
Josephine Cassar
Kuochoe Nikoi-Kotei
 
Vadim Kadyrov
Vadim Kadyrov  Identity Verified
Ukraine
Local time: 14:01
English to Russian
+ ...
30 days. Period. Sep 26, 2018

Yi Wei Cheah wrote:

I am in the right to expect payments after 30 days of invoicing regardless of the situation, am I right?


Absolutely.

One important note: it is WITHIN 30 days, the last (30th) day being the LAST day when the payment can be sent. Period.

Stop tolerating this, and demand you payment right here, right now.


Nikki Scott-Despaigne
Yolanda Broad
Maria Teresa Borges de Almeida
Dmytro Nehrii
 
Kay Denney
Kay Denney  Identity Verified
France
Local time: 13:01
French to English
who's your client? Sep 26, 2018

This is suspicious indeed. They may not have been paid by their client for whatever reason, however you do not have a contract with their end client, only with them.
There may be quality issues, however, any issues could have been highlighted and dealt with within a couple of weeks of delivery. I noticed, when clients only brought up quality issues when the bill was due, that meant they were trying to get out of payment, because they weren't able to actually point out any serious issue
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This is suspicious indeed. They may not have been paid by their client for whatever reason, however you do not have a contract with their end client, only with them.
There may be quality issues, however, any issues could have been highlighted and dealt with within a couple of weeks of delivery. I noticed, when clients only brought up quality issues when the bill was due, that meant they were trying to get out of payment, because they weren't able to actually point out any serious issues with the text and would only make vague statements like "it was poorly phrased" or "my boss didn't like the style". I would brace myself for this certainly, since the client is having difficulty "approving" the text. In my experience, asking for specific examples of poor phrasing usually leads to more silence, then they grudgingly pay up when you send another reminder that the bill needs to be settled.
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Josephine Cassar
 
Thayenga
Thayenga  Identity Verified
Germany
Local time: 13:01
Member (2009)
English to German
+ ...
Check the laws in your country Sep 26, 2018

Three months is much too long and these weeks literally "beg" for a late payment fee plus interest.

You might want to check the applicable laws in your country and perhaps also in your client's country. You might be entitled to a late payment flat penalty.

As our colleagues have stated, all complaints about the translation must be done within 2 - 3 weeks. Whether your client's client has approved the translation or can't make up his/her mind about it, is irrelevant to y
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Three months is much too long and these weeks literally "beg" for a late payment fee plus interest.

You might want to check the applicable laws in your country and perhaps also in your client's country. You might be entitled to a late payment flat penalty.

As our colleagues have stated, all complaints about the translation must be done within 2 - 3 weeks. Whether your client's client has approved the translation or can't make up his/her mind about it, is irrelevant to you. You have nothing to do with the end client, but hold a valid claim against your client.

You might want to advise him/her that you will raise a surcharge for this late payment in a polite, professional manner. Also announce that you will take legal action against them if the payment has not arrived within 72 hours.

Depending on their reply/action (and also the agency's country of "residence") you can also announce that you will make a negative Blue Board entry here, and also have them listed in the scammers' directory. And... you shouldn't have waited three months before seeking advice and/or taking any action.

Good luck!

[Edited at 2018-09-26 10:30 GMT]
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B D Finch
Nikki Scott-Despaigne
Sheila Wilson
Yolanda Broad
Maria Teresa Borges de Almeida
Dmytro Nehrii
conejo
 
B D Finch
B D Finch  Identity Verified
France
Local time: 13:01
French to English
+ ...
In addition to Thayenga's comment Sep 26, 2018

Unless the law in your country is different, the agency asking you to invoice them seems irrelevant. You delivered the translation, so you don't need their permission to invoice them. If you have a contract, it's your right to invoice them and their duty to pay. The only exception would be if they raised objections to the adequacy of your work very quickly after receipt of the translated file(s), in which case they would have to demonstrate that you hadn't fulfilled your contractual duties and s... See more
Unless the law in your country is different, the agency asking you to invoice them seems irrelevant. You delivered the translation, so you don't need their permission to invoice them. If you have a contract, it's your right to invoice them and their duty to pay. The only exception would be if they raised objections to the adequacy of your work very quickly after receipt of the translated file(s), in which case they would have to demonstrate that you hadn't fulfilled your contractual duties and state that they, therefore, either didn't consider themselves bound to pay at all or that they wished to exercise a right to make deductions from the previously agreed price. Whether or not they have such a right would depend upon your contract with them and the law of the jurisdiction concerned. If, after receipt of the translation, they asked you to invoice them that would seem to indicate their approval and acceptance of the translation.

[Edited at 2018-09-26 10:49 GMT]
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Thayenga
Sheila Wilson
Yolanda Broad
Maria Teresa Borges de Almeida
conejo
Josephine Cassar
Natasha Ziada (X)
 
Yi Wei Cheah
Yi Wei Cheah  Identity Verified
Malaysia
Local time: 20:01
Chinese to English
+ ...
TOPIC STARTER
Thank You Sep 26, 2018

Thank you all for the replies.
I will let the agency knows that I will be taking legal actions if they don't pay me by the end of this month.

Again,
Thank you for all the suggestions.


 
Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 13:01
Member (2006)
English to Afrikaans
+ ...
They should, but you are allowed to be flexible Sep 26, 2018

Yi Wei Cheah wrote:
The reason they gave was that the client hasn't approved the translation yet.
I am in the right to expect payments after 30 days of invoicing regardless of the situation, am I right?


Yes, an agency should pay you for the translation regardless of whether they got paid or regardless of whether their end-client approved the translation, etc., *unless* you and the agency had agreed beforehand that your payment would be dependent on those things. It is not right for an agency to assume that you would be okay with it if they delay payment for reasons other than the hand of God.

That said, it is not unprofessional for a translator to be flexible in this regard. You are a freelancer, which means you are free to grant any kind of leniency to your clients. Sometimes (even with a new client) (though not always) it can pay off in the end to be flexible.


[Edited at 2018-09-26 11:49 GMT]


Nikki Scott-Despaigne
Maria Teresa Borges de Almeida
 
Nikki Scott-Despaigne
Nikki Scott-Despaigne  Identity Verified
Local time: 13:01
French to English
Payment agreements Sep 26, 2018

If you have a clear contractual agreement determining payment terms and conditions (T&C), then those should be complied with. Those terms and conditions should also explain the consequences of not complying with those T&C. If there is no formal agreement for that event, then the law of the country where the client is based should apply.

When a client does not pay on time, you have to take action immediately. Here are some suggestions:
- send a reminder within days of the payme
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If you have a clear contractual agreement determining payment terms and conditions (T&C), then those should be complied with. Those terms and conditions should also explain the consequences of not complying with those T&C. If there is no formal agreement for that event, then the law of the country where the client is based should apply.

When a client does not pay on time, you have to take action immediately. Here are some suggestions:
- send a reminder within days of the payment being overdue
- in that reminder, give the client one week to make a payment and state that if they do not pay within that limit, you will take further action
- if the payment does not arrive, send a recorded delivery letter (proof of delivery) to explain that you are now going to take action, that costs of recovery and interest will be due (depending on what the T&C and/or the law of the country allow you to do
- take that action.

Points worth noting.

Your contract is with your client, the agency. If the agency has a problem with the end client, that is a contractual matter for the agency and the end client, not you.

Common excuses for late payment, non-payment, etc.:
- the agency has not been paid by the client (see above)
- the agency says the end client is not happy with the translation. (See above and also T&C, if you have any, explaining what is to happen if there are quality problems. There are usually provisions for a time within which any such problems have to be drawn to your attention and dealt with. Think "reasonable" too; it would not be reasonable for a client (end client or agency) to refer problems back to you beyond a reasonable time. One month would not be reasonable, for example).

When you hear either of these comments as a reason for not paying you, many jurisdictions around the world still require the agency to pay you. What happens in practice is that a negotiation for a lower fee may be asked for. If this is the case, then your client (the agency) should provide evidence that the work is not satisfactory.

What this may be hiding.
The agency may be in financial difficulty. If you wish to be paid, you need to prove that you have been serious and diligent in your attempts to recover your money. Waiting 3 months is not being diligent. If your client (the agent) actually goes bankrupt and you have not sent a formal reminder requiring payment immediately, then you have next to no chance of recovering your money. Even if they are not in financial difficulty, some clients simply prefer to wait to pay their suppliers (you) until the last possible moment.

Whichever interpretation you give to your situation, it may not be an accurate representation of what is actually happening. The reasons are irrelevant. Take formal action for recovery. if the amount is not that high, don't spend too much money on recovery. If they are going bankrupt, your claim may fail and then you still have to cover the cost of recovery.

Lessons from this experience.
Check terms and conditions.
React with reminder and formal demand within a short period of time (in terms of days, not weeks).
If no money is paid, consider the interest in taking action for recovery.
If it is a small amount and you think you have little or no chance of being paid, consider dropping the matter as recovery may cost more than the amount owed.
Don't do a large job for a new client without asking for - and receiving - a percentage of the sum due. If you do, you are taking a risk you might not be able to afford if you are not paid.
Bear in mind that not taking action for 3 months can be interpreted two ways, at least:
(i) this person is not going to cause a problem, so we can ignore him
(ii) a court may consider you were not interested in recovering your money and support the client
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Sheila Wilson
Yolanda Broad
 
conejo
conejo  Identity Verified
United States
Local time: 07:01
Japanese to English
+ ...
They have to pay you, period Sep 29, 2018

You do a job. You invoice them the same day you submit the work. They have to pay you within the time they originally said they would pay you, which should have been stated on the PO or otherwise in writing in advance.

When the day arrives when they should have paid you (in this case 30 days after the date you sent the invoice), then you should contact them within 3 days or so of that date. Do not let time pass without following up. In my experience, waiting to give anyone grace per
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You do a job. You invoice them the same day you submit the work. They have to pay you within the time they originally said they would pay you, which should have been stated on the PO or otherwise in writing in advance.

When the day arrives when they should have paid you (in this case 30 days after the date you sent the invoice), then you should contact them within 3 days or so of that date. Do not let time pass without following up. In my experience, waiting to give anyone grace periods just results in later payments. You need to follow up. And keep following up. At least every week if they haven't paid you, you never let them off the hook for this. They are on the hook. They have to pay you.

If it's months later and they're claiming it wasn't "approved" this is total BS, and they are trying to get out of paying you. Start legal action if you have to but never work for them again.

Also, if they claim stuff like "oh we don't pay translators until our client pays us", this is a HUGE red flag as well. Do not tolerate any of this, all this is is trying to get out of paying you.

[Edited at 2018-09-29 01:41 GMT]
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Nikki Scott-Despaigne
 
Josephine Cassar
Josephine Cassar  Identity Verified
Malta
Local time: 13:01
Member (2012)
English to Maltese
+ ...
I hope Sep 29, 2018

Let's not forget too that you should make a BB entry for this client to warn others they might not be paid with the excuse of 'quality of translation'. I cannot stress this enough. In reality, that should have been the first step-and it often solves the problem when an agency is trying to get out of payment and does not have too many financial difficulties as there are agencies (luckily only a few) which try to get away with non-payment. You tried not to say anything so as not to ruffle the agen... See more
Let's not forget too that you should make a BB entry for this client to warn others they might not be paid with the excuse of 'quality of translation'. I cannot stress this enough. In reality, that should have been the first step-and it often solves the problem when an agency is trying to get out of payment and does not have too many financial difficulties as there are agencies (luckily only a few) which try to get away with non-payment. You tried not to say anything so as not to ruffle the agency's feathers and so you waited three whole months -no wonder the agency is now bringing up the excuse of quality without any proof -you should have asked for it too not just accept it. Submit a support request too as support staff is very helpful too. Don't become a doormat as you will only be inviting trouble for yourself and for others.

[Edited at 2018-09-29 13:53 GMT]
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conejo
Nikki Scott-Despaigne
 


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Payment problem. Should agency pays me regardless of any situation after they requested my invoice?







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