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How I lost $17,350 to Upwork and a freelancer - Upwork's dirty trick (unlawful in the UK) exposed.

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Community Guru
Jennifer R Member Since: Sep 15, 2017
31 of 46

Ali R wrote:

why didn't they check the age of the freelancer in upwork. and how many happy clients he have. and always check the country of the freelancer too. you should have taken weekly source codes from the programmer. or when he reached 1000-2000$ bill. i know few people are doing 300$ per hour programming jobs. but i don't thinks this one was something like that.

 

Edit: he was nothing but conman. when he visited your office, you should have know. a normal freelancer, don't like to visit any office. we can't breathe in the office atmosphir. thats the reason we are Online Freelancer. hope you  understand now. meeting anyone personaly isn't normal in upwork jobs.


I guess I am not normal because I like to meet my clients. I also like my office. I guess it just depends on the office.

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Active Member
S S Member Since: Sep 26, 2019
32 of 46

I updated the issue with latest discoveries. Upwork is clearly not an honest and transparant company. 

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Community Guru
Amanda L Member Since: Jan 23, 2018
33 of 46

So you already knew from the previous experience that UpWork doesn't allow chargebacks, so instead of requesting the FLs give you a refund, you did a chargeback, knowing it's not allowed, and you are mad that UpWork is upholding it's TOS? Chargebacks cost the company money. You could request a refund from the freelancers and they could release the funds back to you or reimburse  you the refund without it being a chargeback. 

 

I think you just need to stop using UpWork since you don't want to abide by the TOS. 

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Active Member
S S Member Since: Sep 26, 2019
34 of 46
Amanda, I dont think you understood the factual before making your comments. The reason upwork isnt giving me the money that was returned by the freelancer is because I changed back following the blackmail by one of the freelancer over the $17350, a conduct tolerated by the freelancer.

I have stopped using upwork and will fight to expose how upwork is profiting from scams. Had upwork took necessary steps to resolve the matter and responded to my questions I wouldn't have gone with the last resort, a legal remedy available to me regardless of the terms they insist.

I am really surprised that you fail to see the dubious conduct of upwork.
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Community Guru
Amanda L Member Since: Jan 23, 2018
35 of 46

I understand. And, sure, it's unfair, but you should have reviewed the work logs, you could have opened disputes, etc. You didn't fully read the TOS and how the site works and so you did these chargebacks instead of going through UpWork's processes, and now you want to blame UpWork for your failure to manage a freelancer. Are all of UpWork's TOS fair? No, because they are trying to make money like anyone else, but you failed to use the site as intended. For example, with the most recent payments, you have like 2 weeks to review that work and release funds from escrow. You say those were released but you weren't happy with the work, so why didn't you review it before the two weeks were up and either request changes or cancel the contract? 

 

You have an advisor working with you on this, so good luck. Do I personally like all of UpWork's TOS? No, but I want to work through UpWork so I accept that those are the rules. 

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Ace Contributor
Tim S Member Since: Nov 13, 2015
36 of 46

I have to agree with Amanda L here. 

You were scammed by an unscrupulous worker, and that's wrong.

But you assumed the money was going to be held in escrow without confirming this was the case, and you let the payments go on for months (feb. to june?) before taking any action.  Then - realizing you were mistaken - you didn't follow upwork's method of dispute.

One thing that I think you're leaving out or not understanding:
If you reversed the charges on your card - you were reversing the charges that upwork charged you - not that the client charged you.

Upwork doesn't have that money from the client just because you did a chargeback.  They already paid that money out to the freelancer.  You essentially tried to force them to give you money they no longer were in possession of - even though they adhered to the rules of the deal you agreed to.

So essentially you're asking upwork to pay you the money they already paid the freelancer - according to the agreement you agreed to - but didn't read in its entirety.   


Now - even if upwork was able to recover the money from the freelancer (which I don't know how they would manage - since the funds were likely directly deposited to a bank account, and I don't believe ach transfers are reversable like that after the fact) - legally they're under no obligation to give it to you.  You agreed to their rules when you used their service.

-If- they had the funds back from the freelancer , should they give it to on moral grounds?  Absolutely.  But I don't think anyone here expects a large business to return money they aren't required to return just because it's the ethical thing to do.

I don't agree with many of upwork's policies - I think a lot of those policies are pure crap.
All I'm saying is this - upwork didn't do anything 'sneaky' here, and they didn't trick you.   They did what they stated they would do, according to guidelines and rules that are readily available to view. 

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Community Guru
Petra R Member Since: Aug 3, 2011
37 of 46

Tim S wrote:

I have to agree with Amanda L here.........


9 month old thread...

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Community Guru
Amanda L Member Since: Jan 23, 2018
38 of 46

Petra R wrote:

Tim S wrote:

I have to agree with Amanda L here.........


9 month old thread...


Yes, but he's agreeing with me, so let it go... Smiley Happy 

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Community Guru
Joan S Member Since: Mar 18, 2019
39 of 46

It is a fairly old thread, Amanda, but I am going to put my two cents in. I am sorry this client lost so much money but I am also sorry, that after all of his mistakes, he is trying to blame Upwork. For instance, why did he ever enter into an hourly contract with manual hours allowed? I am reminded of all the freelancers who try to blame Upwork for the fact they are unable to get jobs here. They never look to their own mistakes. Maybe that is the culture we have become - that people blame others for their own mistakes - or maybe that has always been the case for some people. Whatever - it is a sad state of affairs.

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Community Guru
Preston H Member Since: Nov 24, 2014
40 of 46

I agree with Joan.

Obviously the original poster (the client who was concerned about "losing" money) made a ton of mistakes. That client used the Upwork system incorrectly.

 

As discussed previously, none of us want that to happen with any contract.

 

We discussed how Upwork could improve its messaging to clients to help eliminate such problems. There are still clients who begin using Upwork with a very distorted idea of what type of service it provides. (For example: Upwork does not provide free project management.) That is not a problem if professional, ethical freelancers guide the new clients in their use of the tool and help them gain an accurate understanding of Upwork. It IS a problem when clients encounter dishonest or confused freelancers.

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