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Freelancer claimed his System was hacked and now my entire completed shopify store is deleted

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Active Member
Abbi J Member Since: Dec 18, 2019
1 of 42

Hi I am very upset and miffed at upwork. 

 

1. I contracted a freelancer on the platform

2. Paid and funded work. 

3. Freelancer completed Milestone 1 and 2. 

4. demanded a bonus as a thank you for his work plus a 5 ***** review 

5. i didnt give hmim a bonus and gave him a 4 **** review, no bad words from me

6. Freelancer was very upset. 15 mins after i gave him the review, he deleted my completed shopify store we both worked on. Brough his attention to it. he blocked me from communicating with instead

7. Tracked him down via whats app, claimed a hacker deleted my store (a hacker that was trying to destroy his business and his other client had the same issue wit this hacker)

8. Provided all the details to upwork mediation

9. Freelancer is not even disputing i have received what I paid for. 

10. He is only claiming he didnt delete my store (I asked for proof of hacker issue and other customer, he has not provided any proof). 

11. I have paid a total of $565 to this freelancer and still dont have a product to show for it. 

12. Now Upwork is asking me to pay 291 for Arbitration to sort this out... why am i shelling more money out when the Freelancer is not disputing my store was not deleted ( either by him or by his hacker) I was ask by upwork if i will let him build me a new store and i said unless he proves that he didnt delete my store ( by showing proof a hacker did) I cannot trust this freelancer with my new credentials..

13. I am upset at this way I am being treated and I demand better. let Upwork ask him to prove that it is hacker that deleted my store. 

14. Shopify provided my with IP address of last log in when my store was deleted. wich is the same location at Freelancer. I have asked Upwork to confirm if this is not the same IP address they have on file for him ( I still have not gotten a respinse from shopify). 

15. This very painful for me right now.

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Ace Contributor
Weiling X Member Since: Oct 23, 2019
2 of 42

Hi, Abbi,

 

sorry for hearing this bad situation.

 

if you pay for the 291 dollars Arbitration Fee and the freelancer doesn't,

both the arbitration fee and payment of the project will both get returned to you. if you are sure that freelancer won't dispute in this case. then probably it is a way to sort it out? get refunded then start over the project again?

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Active Member
Abbi J Member Since: Dec 18, 2019
3 of 42

Hi Weiling, 

 

Can you clear up your comment for me. It looks like the freelancer deosnt want to go to arbritration, However all money in escrow has been relaeased to him. How do i get my money back if he refuses to pay and i am willing to pay?

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Community Guru
Jennifer M Member Since: May 17, 2015
4 of 42

Abbi J wrote:

Hi Weiling, 

 

Can you clear up your comment for me. It looks like the freelancer deosnt want to go to arbritration, However all money in escrow has been relaeased to him. How do i get my money back if he refuses to pay and i am willing to pay?


I'm not sure how released escrow works. The mediator can clarify, but when there is no agreement, you will be asked to pay the $291. If the freelancer does not pay, then he loses. 

 

I'm not sure how it's decided who pays first. I'm always the one who says I want arbitration if I do not get a certain amount, so it would be obvious I guess to ask me to pay up first. I've always been asked to pay first, but again I'm the one who says that I want it.

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Community Guru
Preston H Member Since: Nov 24, 2014
5 of 42

Abbi:

This freelancer's behavior is unacceptable.

You made the right choice to report these actions here in the Forum.

 

I am fairly certain that a Forum Moderator will intervene here, contact you and help move this matter to the appropriate team.

 

This freelancer has violated Upwork ToS and should have his account permanently terminated.

 

Demanding a bonus and demanding 5-star feedback... These are serious ToS violations. For that alone, this freelancer should be removed from the platform.

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Active Member
Abbi J Member Since: Dec 18, 2019
6 of 42

There is proof of his ask of a bonus and 5 star review on upwork messaging platform we share. Also his disdain at me for not giving him the 5 star review

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Community Guru
Preston H Member Since: Nov 24, 2014
7 of 42

Feedback manipulation is a violation of Upwork ToS.

 

I am confident that Upwork will be able to see this in the messages and take appropriate action.

 

The status of your store is a separate matter.

 

Theoretically, the freelancer may be able to restore the Shopify store he set up. But there are these possibilities:

- The freelancer deleted the work in a way that even he can not retrieve.

- The freelancer could retrieve the work, but he does not want to.

 

If you want to move forward with your project as quickly as possible, then you absolutely have the right to hire other people to re-do the work. You do NOT need to wait for any sort of resolution relating to the original freelancer or his work.

 

By way of explanation about the payments: Because you used a fixed-price contract and handled payments through escrow, Upwork is extremely limited in what they can do. They are bound by escrow restrictions and laws that are not established by Upwork itself. When there is a dispute about payment, Upwork essentially can NOT make decisions about the dispersement of funds. They can only advise that both parties come to an agreement. If both parties can not come to an agreement, then the matter goes to arbitration. That is where the $291 fee comes in. Note that it is rare for arbitration to award money to the client.


Only in very rare circumstances will Upwork make a decision about who gets money within the dispute (pre-arbitration) period:

 

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

 

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Active Member
Abbi J Member Since: Dec 18, 2019
8 of 42

Why you give m 4 star and don’t write any feedback?

is that how you thanks me for my work?

 

next thing, my instagram account access which had access to email was changed, i quickly reach out to him to ask why, he blocked any further communictions with me.

 

10 mins later, my store went blank , all deleted... oh i cried ..mhen , i cried

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Community Guru
Preston H Member Since: Nov 24, 2014
9 of 42

Yes, it is clear what happened.


But you are not obligated to wait for something to happen with this freelancer.

 

You can put your project first. That may mean moving forward with your project, without waiting for whatever it is that happens with that freelancer.

 

Am I correct in my understanding that the freelancer you hired did work from scratch, in setting up a Shopify site for you? He was not working on an existing site?

 

Which means that he did not delete work that had been established over a long period of time by other people. He only deleted what he himself set up?

 

That would mean that you don't need to recover anything long-established. You simply need to start over, providing the same instructions to a new freelancer that you provided to the original freelancer.

 

re: "I have paid a total of $565 to this freelancer and still dont have a product to show for it. Now Upwork is asking me to pay 291 for Arbitration to sort this out... why am i shelling more money out when the Freelancer is not disputing my store was not deleted"

 

Note that paying the $291 arbitration fee is an OPTION. You are not required to do that.

If you DO pay that fee, then there exists the possibility that you would receive a maximum of $565 awarded back to you, which would result in a net return of $274.

 

There is also a strong possibility that you will receive nothing back. Which would mean you have paid $565 plus $291, or a total of $856. Nobody here in the Forum can tell you what the result of arbitration will be.

 

These numbers assume that a total of $565 is actually in dispute. If you have already released money to the freelancer, then there may be LESS in dispute. You indicated that you already released money to the freelancer. Formal arbitration would only decide the dispursement of funds that are in dispute. Depending on how much money is actually in dispute, there may be nothing for you to gain financially by going to arbitration.

 

As pointed out in a previous post, if you DO agree to pay the fee, it is also possible that the freelancer declines to pay the fee, in which case any available funds are automatically awarded to you. But thaty may only include funds in escrow and currently in dispute. That doesn't mean you would receive money that has already been released to the freelancer.

 

Although it rarely happens, it is theoretically possible for Upwork to decide in your favor without going to arbitration. It is theoretically possible that Upwork will decide that you should get the $565 payment to the freelancer back.

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Active Member
Abbi J Member Since: Dec 18, 2019
10 of 42

Thanks for your feedback. Upwaork has already relaesed the fist milestone payment to the freelancer and but I was told the balance may have been released too because Escrow has been released.

 

So if they cannot retrieve this moey back and i paiod through paypal. I am sure i can invoke my buyer protection. 

 

This freelancer must know the whole system is balanced in his favour hence this dispicable act

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