Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Dispute

27e52cb1
Active Member
Oli S Member Since: Jun 5, 2018
1 of 23

Hi! A freelancer, Ashfaque **Edited for Community Guidelines**, has performed poorly, charged in excess of his original quote, and broken my public site, after weeks of poor communication. I asked him to remove his buggy work, and demanded a refund. Please advise how I can pursue this. Obviously, he is refusing. 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
2 of 23

@Oli S wrote:

Hi! A freelancer, xxxxxxxxx, has performed poorly, charged in excess of his original quote, and broken my public site, after weeks of poor communication. I asked him to remove his buggy work, and demanded a refund. Please advise how I can pursue this. Obviously, he is refusing. 


Hourly or fixed price contract? Sounds more like hourly...

 

If it is an hourly contract, all you could dispute are hours logged with very poor activity, time not spent working on your project, manual time or hours without work memos, not the quality of the work, as you pay for the time worked, not the work product. There is also a 30 day limit from invoice date.

 

Have you given the freelancer a chance to rectify the issue? Did you hire someone with a good history (and at a realistic rate?)

 

27e52cb1
Active Member
Oli S Member Since: Jun 5, 2018
3 of 23

Hiya! Thanks for this - I wrote a lengthy reply and hit "submit", but got a red box saying the thread was no longer available :/

 

Anyway, the short version - they had great feedback, a lower hourly rate, blew out the quoted hours to make it worth their time I suspect, which I accepted given their positive reviews. Budget blew out beyond their top end, and it was still not even half done (as in, barely started), over 30 hours of logged time (this project was a simple module hack to one module in squarespace - 4 hours of work, this much I know), and my live site was broken - they didnt even use the test page i created. It took days for them to correct my live site back to normal - a total embarassment. I have requested a refund with them. I'd love to be made aware of any Upwork channels to go through. many thanks. 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
4 of 23

Oli:

The important thing is that you stop working with this freelancer.

 

Clearly he is not capable of provding you with the work that you need done.

 

In the future, you would benefit from reviewing the work of a new freelancer sooner and more frequently. It would have been better if you had stopped working with this freelancer after only an hour or two.

 

You can save money by hiring multiple freelancers and evaluating their initial work, and then ending the contracts with everybody but the very best.

27e52cb1
Active Member
Oli S Member Since: Jun 5, 2018
5 of 23

Thanks for this! I do appreciate the insights. It doesnt however change that i've been theived of nearly $400USD. An astronomical amount for what was (not) done. If i'm away in between, its a bit worrying that as the fake work is debited from my account, that I cant go back and have it refunded .All the convos are documented. I've pursued a refund with my credit card company, regardless. 

rverang
Community Guru
Renante V Member Since: Feb 7, 2018
6 of 23

@Oli S wrote:

I've pursued a refund with my credit card company, regardless. 


You could be in violation of Upwork TOS if you do that.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
7 of 23

@Renante V wrote:

@Oli S wrote:

I've pursued a refund with my credit card company, regardless. 


You could be in violation of Upwork TOS if you do that.


 No, not "could"... a chargeback *IS* a ToS violation, his account would be suspended and the debt likely passed to a debt collection agency.

 

 

27e52cb1
Active Member
Oli S Member Since: Jun 5, 2018
8 of 23

Thanks for this! I do appreciate the insights. It doesnt however change that i've been theived of nearly $400USD. An astronomical amount for what was (not) done. If i'm away in between, its a bit worrying that as the fake work is debited from my account, that I cant go back and have it refunded .All the convos are documented. I've pursued a refund with my credit card company, regardless. 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
9 of 23

Oli, lesson in "you get what you pay for..."


At any rate, look at the work diary. If the freelancer used the tracker, worked on your project and has a work memo and reasonable activity levels, you will not win a dispute. Anything beyond 30 days can't be disputed at all.

 

Frankly unless we are talking about a huge amount of money (and 30 hours at a low rate ain't that) I'd be tempted to advise you let it go and close the contract with honest feedback.

 

Next time pay an expert a decent rate, your chances of getting a working product quickly are way higher and you might find it works out cheaper as well.

 

 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
10 of 23

Speaking NOT about Oli or the original poster's situation, but speaking generally:

 

In situations like this, it often seems as though the client is more concerned about the "principle" of the thing than he is concerned about his own business interests.

 

This means that the client is concerned about the soul of the freelancer, or about the freelancer's karma. The client wants to "set things right" and make sure that the freelancer is not paid unfairly.

 

This is commendable, I suppose, that a client would want to balance the karma of a stranger. But other clients take a more "mercenary" approach and decide that they don't really care about the freelancer. They just want to move on and get their work done, and they decide that it isn't worth their time or effort to try to get a refund from a freelancer whose work was so poor that the freelancer doesn't deserve further attention or consideration.

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS