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Going to court in Scotland - advice required please!
投稿者: Stéphanie Denton (X)
Giovanni Guarnieri MITI, MIL
Giovanni Guarnieri MITI, MIL  Identity Verified
英国
Local time: 00:38
2004に入会
英語 から イタリア語
Credit rating Mar 8, 2012

well, I just checked (because I can... ) and their credit rate is abysmal... maybe it was better when you started working for them, but there are 3 CCJs against them and the first dates back to May 2010... I think you should get angry with Lloyds...

 
Charlie Bavington
Charlie Bavington  Identity Verified
Local time: 00:38
フランス語 から 英語
Simple question Mar 8, 2012

Who is bearing the risk of non-payment?

Giovanni Guarnieri MITI, MIL wrote:

....there are 3 CCJs against them and the first dates back to May 2010... I think you should get angry with Lloyds...


Under this recourse factoring agreement, it ain't Lloyds. They're probably even entitled to get back any advance they have already paid to the OP, plus interest and costs. While I neither know nor care what the factoring agreement says about credit checks, simple common sense tells me that whoever bears the risk needs to perform the due diligence and all that stuff to keep that risk to the minimum.

'course, if the OP didn't realise the repercussions of recourse versus non-recourse factoring, that'll be a different failure of diligence.

In fairness, though, the OP didn't ask how she could deflect this responsibility onto Lloyds or anyone else, she asked how to collect her payment.


 
Kuochoe Nikoi-Kotei
Kuochoe Nikoi-Kotei  Identity Verified
ガーナ
Local time: 23:38
日本語 から 英語
How to collect Mar 8, 2012

Charlie Bavington wrote:
In fairness, though, the OP didn't ask how she could deflect this responsibility onto Lloyds or anyone else, she asked how to collect her payment.


Indeed. The horse is already out of the barn. I think Stephanie's best bet is to leave Lloyds to do their thing while she gets in touch with as many of the company's other victims as possible via BB to find out what worked and what didn't work for them when it came to collecting. They'll be better sources of information for her.


 
Giovanni Guarnieri MITI, MIL
Giovanni Guarnieri MITI, MIL  Identity Verified
英国
Local time: 00:38
2004に入会
英語 から イタリア語
slim chance Mar 9, 2012

TransAfrique wrote:

Charlie Bavington wrote:
In fairness, though, the OP didn't ask how she could deflect this responsibility onto Lloyds or anyone else, she asked how to collect her payment.


Indeed. The horse is already out of the barn. I think Stephanie's best bet is to leave Lloyds to do their thing while she gets in touch with as many of the company's other victims as possible via BB to find out what worked and what didn't work for them when it came to collecting. They'll be better sources of information for her.


According to my sources, no money was paid as a result of the CCJs... the problem is, if they have no money, they can't pay. You can probably force bankruptcy on them, but then the major creditors will get the money and I doubt the small fish like the translators will see a dime...

BTW, Stéphanie said that Lloyds checked their credit rating... if that's true, they've done a very bad job of it.


 
Neil Coffey
Neil Coffey  Identity Verified
英国
Local time: 00:38
フランス語 から 英語
+ ...
Sue for £5000? Mar 9, 2012

Ty Kendall wrote:
The total debt amounts to £5086.48.

"In Scotland, debts over £5,000 are raised as ordinary cause actions. If your debt is particularly large or complex, you might want to raise proceedings with the Court of Session in Edinburgh."


Ummm... if that's the threshold, I think I'd be tempted to let them off the 86 quid and sue for £5000 through the small claims court?

I assume you've exhausted offering them other payment options? If they agreed to (and stuck to) paying, say, £2,000 now by credit card then £500/month over subsequent months, it might be less stress and hassle than going to court. Just a thought...


 
Katalin Horváth McClure
Katalin Horváth McClure  Identity Verified
米国
Local time: 19:38
2002に入会
英語 から ハンガリー語
+ ...
Correspondance with this guy a few days ago Mar 10, 2012

I just realized I had a little chit-chat with the subject of this thread.

"Hi Katalin,

Many thanks for sending us your details, could you possibly assist with the translation of the attached document into Hungarian.
Best regards"

NOTE: I have not sent them anything.

My reply:
"Given your glowing reputation (see link), I would consider working for you if you paid in advance.
Best regards
Katalin"

His reply:... See more
I just realized I had a little chit-chat with the subject of this thread.

"Hi Katalin,

Many thanks for sending us your details, could you possibly assist with the translation of the attached document into Hungarian.
Best regards"

NOTE: I have not sent them anything.

My reply:
"Given your glowing reputation (see link), I would consider working for you if you paid in advance.
Best regards
Katalin"

His reply:
"Many thanks for your response, however when we had not heard from you earlier we had placed the project elsewhere."

NOTE: I replied in 2 hours, he sent his email at 7AM and I got to my office at 9AM.

My comment:
"I sincerely hope you will pay them as well."

His reply:
"Hi Katalin,
You should not always believe what is on the blue board. The problem with that is that anybody can put a comment on their whether they have actually done any work or not. It doesn’t take into account quality either. One thing for sure our good translators get paid on time."

NOTE: So, those who placed a bad rating on their BB record are all bad and naughty translators!!!

My final reply:
"Well, I think ProZ does have a pretty good control over the things you mentioned. You are only allowed to post a comment if in fact you did work for the outsourcer, and if in fact there were no quality complaints. So, in my experience the BB gives a pretty good idea about what is going on. You are right, there may be a few cases where the info a certain individual gives is unreliable, but your record shows a pretty good consistency of bad marks. Besides, I actually know some of the people who had trouble getting paid. Nobody gets banned from ProZ for a single complaint.
But as I said, I am open to giving you a chance to prove otherwise, so any time when you are ready to pay for work in full in advance, let me know."

I just thought it may be interesting to show how this guy presents himself when talking to potential "business partners".
Katalin


[Módosítva: 2012-03-10 03:09 GMT]
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kchansen
kchansen
Local time: 01:38
英語 から デンマーク語
Quality, and the Blue Board Mar 12, 2012

Katalin Horvath McClure wrote:

His reply:
"Hi Katalin,
You should not always believe what is on the blue board. The problem with that is that anybody can put a comment on their whether they have actually done any work or not. It doesn’t take into account quality either. One thing for sure our good translators get paid on time."

NOTE: So, those who placed a bad rating on their BB record are all bad and naughty translators!!!


(My emphasis)

Well, if they don't know the difference between "their" and "there", chances are they won't recognize the difference between "good" and "bad" translators and, just to make sure, never (or only rarely) pay anyone for their services.


 
christela (X)
christela (X)
Another point Mar 12, 2012

I just read the whole thread. I don't know anything about Scottish courts, but something else intrigates me. Do you really mean that you subcontracted work you got from an *agency* to another person? Then you take voluntarily huge risks and responsibilities for a very small fee (your margin). It seems against all GBP. I am wondering if this issue is not simply the result of that. >It is asking for trouble, or another recipe for disaster.

[Edited at 2012-03-12 12:24 GMT]


 
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Going to court in Scotland - advice required please!







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