[Finance] What to do with a company (Spanish) that won't pay an invoice plus more.

[shingle]

As some of you may know I am an ageing photographer. In the past I was commissioned often, but since the pandemic started work has dropped off somewhat.

However, over the years I have built up a significant catalogue of images taken in the UK and also worldwide. These images are placed with several stock agencies, one in the UK and the other in Spain. For those that don't know how it works, 'the stock agency' licenses the images to newspapers, books, magasines, websites etc and the royalties are split 50/50 or 40/60.

The Uk agency is great, pays up when monies are cleared and always on time. I must add we're not talking huge sums here, but hey, everything received these days is very welcome.

Now, the Spanish one has gone from being previously reliable, with a very respected owner to nothing, no invoices paid, no communications and some sales I believe, are not being reported not just to me but other photographers too. I have an invoice that has been outstanding for a year now, the owner has a blog and in it he blames staff shortages/staff leaving, eu working practices, outdated and convoluted payment processes that are being resolved etc,etc. The company is still trading and I believe my images are selling but are not being reported and 100% of the sales are going straight to the company.

In the Uk, it would be easily dealt with by way of the small claims court, but as this company is Spanish and based in Spain there seems little recourse. Some photographers have requested their 'collections' be removed from the website, but are ignored, there are many international photographers in the same boat and many of us are choosing to stay silent in the hope that things are resolved and we will eventually get paid.

Are there any NSC ers based in Spain or the Uk that have a suggestion as what action might be available should the current situation go on.

Cheers Chaps.

 

[Gwylan]

I can only sympathise. A few years back, I did some work for a Dutch company - about £3,500 and they just refused to pay. They basically told me that I'd have no chance going through the Dutch courts, so I just had to swallow it. It was the second time that I'd had no joy with the Dutch, after another company I worked for went bust. I'm very reticent to do any work for European businesses now.

Good luck with your endeavours

 

[clapham_gull]

A few years back, I did some work for a Dutch company - about £3,500 and they just refused to pay.

Calling @El Presidente

 

[WATFORD zero]

Some photographers have requested their 'collections' be removed from the website, but are ignored, there are many international photographers in the same boat and many of us are choosing to stay silent in the hope that things are resolved and we will eventually get paid.

Are there any NSC ers based in Spain or the Uk that have a suggestion as what action might be available should the current situation go on.

Cheers Chaps.

I'm sorry for what has happened and I have no experience in your industry but I wouldn't ever take that line. In my experience in a few other industries, the sooner these things are dealt with and you kick off, the more likely you are to get some sort of payment. Good Luck

 

[Weststander]

I'm sorry for what has happened and I have no experience in your industry but I wouldn't ever take that line. In my experience in a few other industries, the sooner these things are dealt with and you kick off, the more likely you are to get some sort of payment. Good Luck

This.

Silence will mean you’re put at the bottom of the queue.

 

[Smile]

I can ask my Spanish lawyer for you.

 

[Adders1]

I work in credit insurance - my counterparts in Spain wrote this. It may help explain the procedures. You could consider going to a credit bureau and issuing a default - May inconvenience them enough to pay, but my speciality is Asia and the UK

Spain collection profile

Read our latest country risk report on the macroeconomic indicators and business environment in Australia, Oceania.

www.allianz-trade.com

 

[Colonel Mustard]

Sounds like this needs a class action, a lawyer and someone with the powers to demand company trading records. Whether it’s worth the aggravation is another matter. If you suspect outright fraud could you escalate this to some sort of Spanish Ombudsman or Spanish equivalent to Chamber of Commerce? There must be mechanisms for dealing with alleged fraud but I’m not sure what they might be. Might be an idea to join a forum for UK expats in Spain and ask there. I’ve used similar in Germany and Switzerland and they’re full of helpful people who understand the local laws and ways of getting things done. Good luck.

 

[Boroseagull]

You may find some help on Citizens Advice Spain (CAB). Use the search engine to see if anything there may assist. If not you can join and ask the team a question. They have all sorts of experts including legal advice and access to reasonable rate solicitors. https://www.citizensadvice.org.es/

 

[Boroseagull]

Duplicate post

 

[Greg Bobkin]

My worst experience of a late payment was a company based in Abu Dhabi who just kept promising to pay over and over again. I hounded them by phone pretty much every day and – with a bit of help of a mate who worked for the same company and actually got me the job – I got paid. The oner can say what they like but, at the end of the day, none of that is your problem. You are perfectly entitled to be paid what you are owed.

At the time, I spoke with other people who'd had similar experiences and a few of them took the step of literally travelling to the company and sitting in reception until they got paid. Surprisingly (maybe), it worked! Might be worth a go if it comes to it – Spain is certainly easier to get to than the Abu Dhabi.

Good luck

 

[Ali_rrr]

I can only sympathise. A few years back, I did some work for a Dutch company - about £3,500 and they just refused to pay. They basically told me that I'd have no chance going through the Dutch courts, so I just had to swallow it. It was the second time that I'd had no joy with the Dutch, after another company I worked for went bust. I'm very reticent to do any work for European businesses now.

Good luck with your endeavours

Don't listen to either of them. They are scaring you and Dutch courts absolutely will protect you. You can get an 'incassobureau' involved and I promise you, they will pay. Not paying invoices in The Netherlands can really mess you up as a company.

Step-by-step plan: customer does not pay invoice | Business.gov.nl

Is a customer not paying your invoice? This step-by-step plan outlines what you can do to still get paid.

business.gov.nl

Don't let this go unanswered.

@shingle this should help you by the way:

https://e-justice.europa.eu/41/EN/european_payment_order

 

[Ali_rrr]

My worst experience of a late payment was a company based in Abu Dhabi who just kept promising to pay over and over again. I hounded them by phone pretty much every day and – with a bit of help of a mate who worked for the same company and actually got me the job – I got paid. The oner can say what they like but, at the end of the day, none of that is your problem. You are perfectly entitled to be paid what you are owed.

At the time, I spoke with other people who'd had similar experiences and a few of them took the step of literally travelling to the company and sitting in reception until they got paid. Surprisingly (maybe), it worked! Might be worth a go if it comes to it – Spain is certainly easier to get to than the Abu Dhabi.

Good luck

Yep outside the EU is very tough. The Middle East are, in my experience, quite tough to deal with. We often invoice up front or the majority of it to avoid this in certain regions where we have found reputations are often not for nothing.