Credit card dispute - Is it the only option left?

[3852e809]

I've been on Upwork for years working with dozens of freelancers and this is the first time I've run into a problem. The latest freelancer was hired on hourly basis. I was expecting the job to be done within 5-6 hours. Yet, after noticing the freelancer worked for 12 hours and the job hasn't been finished and no news from her, I stopped the job immediately and asked to send me the results of 12 hours efforts. The freelancer didn't send me anything and didn't bother to explain why it takes so long. I filed a dispute and Upwork made a decision in freelancer's favour.

Very unhappy! I am going to open a dispute with my bank on Monday and do whatever it takes to cancel these 2 transactions and get my money back. Just wondering if I can avoid it and get my dispute revised by Upwork?

[prestonhunter]

Ruslan:

I completely understand why you are unhappy with what has happened. You have every right to be unhappy.

As a practical matter, Upwork can not actually prevent you from filing a credit card dispute. But issuing a chargeback is a violation of Upwork policy, as outlined in various places, including here:

https://www.upwork.com/legal#useragreement

You are correct that filing a dispute is one possible next step when conflicts arise between a client and a freelancer. But it is not the last possible step. A dispute which can not be resolved can go to arbitration.

Going to your credit card to dispute the charge could result in termination of your Upwork account. Obviously it is an attempt to work "outside of the system" that Upwork has established.

It sounds to me like you WANT to resolve this with Upwork's help.

Exactly how much money was involved?

Have you tried to negotiate a settlement for this matter with the freelancer and/or with Upwork?

If the freelancer actually has sent you nothing, then it sounds like you should have paid nothing. Perhaps Upwork made a mistake by deciding the dispute in favor of the freelancer.

If the freelancer did indeed provide you with the work you wanted, but your concern is over how many hours it took to do the work, then maybe the whole matter needs to be reconsidered by both parties. Maybe an amicable resolution can be found.

[petra_r]

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@Preston H wrote:

You are correct that filing a dispute is one possible next step when conflicts arise between a client and a freelancer. But it is not the last possible step. A dispute which can not be resolved can go to arbitration.

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 No.

It is an hourly contract.  No arbitration.

Arbitration is for fixed rate contracts only.

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@Preston H wrote:

If the freelancer actually has sent you nothing, then it sounds like you should have paid nothing. Perhaps Upwork made a mistake by deciding the dispute in favor of the freelancer.

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 Hourly contracts are decided purely on what the work diary shows. If the hours were logged correctly, with adequate activity, showing the freelancer working on the client's project and with meaningful work memos, the dispute is decided in favour of the freelancer.

[alexandernovikov]

I think no rational freelancer will risk killing his or her JSS and feedback history over the mere 12 hours of payment. Just try to patiently explain him or her the implications: the JSS goes down and the stream of further work evaporates. Trust me, you get to lose whole lot less than the contractor, so if that doesn't work in your favor it must be a failure of communication from your side.

Also, sometimes jobs just fail. I am one of the top contractors on Upwork (i am sure within top 100) with over a million dollars made, and a 100% JSS, so i am no way a scam or anything. And i can remember countless jobs which i did for clients, that utterly failed, and a few of them were even 100% my fault. That just happens, this is how freelancing works. No reason to go mad about it.

[prestonhunter]

Excellent points from Alexander and Petra.

What I think everyone is wondering is why the freelancer did not provide the work that she did on this project.

That work does not belong to her; it belongs to the client.

If the freelancer provides the work, then the client should let the payments stand as the are, but he should never hire this freelancer again. Because the speed with which she performs these tasks is not what he is looking for.

But if the freelancer does not provide the work that the client paid for, then the freelancer is either a thief who kept the client's property, or a scammer who did not actually do any real work. Either of these should be grounds for her termination from the platform. And the client has every right to feel like he has been treated unfairly.

[versailles]

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@Alexander N wrote:

And i can remember countless jobs which i did for clients, that utterly failed, and a few of them were even 100% my fault. That just happens, this is how freelancing works. No reason to go mad about it.

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No wait, he has all reasons to be mad. If a freelancer fails, they apologize and refund the money. It doesn't seem that it was the case here.

[bobafett999]

OP wrote:,"I was expecting the job to be done within 5-6 hours."

Is it possible that your expectation was wrong? or you under estimated the time?