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I have been scammed by a contractor and Upwork is not helping me.

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

re: "A moment ago you chastized me for filing a dispute with my credit card company? Now you seem fine with this action?"

 

I'm not "fine" or "not fine."

I don't work for Upwork.

 

I'm simply aware of what their policy is and pointed out that the chargeback changes how Upwork is able to work with you. I am aware that Upwork suspends the accounts of users who do chargebacks.

 

re: "I would like Upwork to do the right thing because they made the mistake invoke their own policy of Hourly Payment Protection. Since Upwork is aware it was their mistake why are they making me dispute it through my credit card company?"

 

You already filed the chargeback with your credit card company. You felt backed into that corner because Upwork didn't refund the money billed by the freelancer. I understand that.

 

re: "I would like my account immediately put back in good standing, as it deserves."

 

Upwork may actually be glad to hear that. Maybe if they think about it for a minute, and consider that the fact that you're not a scammer, they would consider reinstating your account. I have no idea. It's not my call.

 

I'm sure you understand if Upwork is a little paranoid about working with users who do chargebacks. They have to deal with a lot of scammers who try to use chargebacks to steal money from them, and from freelancers. Don't take it personally that your account was suspended. That's the policy.

 

Now that you're pointing out that your goal isn't to get Upwork to refund the money to you that the credit card company is refunding to you, and thus get a double-refund... and that the main thing you want now is to have your account reinstated... I think it is something Upwork should consider. Even if it means making an exception to their rule.

 

re: "One last thing is there a reason why you have taken this outside of the community board? Surely all others who responded to me are interested in the outcome and your comments to me?"

 

Is this last question addressed to somebody else? I'm not sure what you're talking about. I think you might be getting me confused with a Forum Moderator.

Moderator
Avery O Moderator Member Since: Nov 23, 2015
12 of 24

Hi Wendy, 

 

I understand your frustration, and I'm sorry that this has been an inconvenience for you. Please know that the team is reviewing your case further, and will reach out to you once they have completed their review. As this is a public community, I am unable to share more information about your case as this is against our privacy policy. Please expect an update from the team with more information about your account. 


-Avery
Untitled
Community Guru
Preston H Member Since: Nov 24, 2014
13 of 24

Wendy:

I'm certain Upwork will get to the bottom of this and straighten things out.

 

But this doesn't sound like a "scam."

 

It sounds like a bug or an unintentional mistake.

 

If you closed the contract (which is of course what you should have done) then there would literally be no possible way for the freelancer to "scam" you. The only thing the freelancer could be doing would be logging time normally and for some reason that time is being billed to your account.

 

If you did NOT close the contract, then it is theoretically possible that the freelancer is logging time for another project, but mistakenly clicked your account when using the time-tracker. This is a common mistake, but freelancers usually correct the error before clients notice.

 

As a client, if this happened to me, then obviously the first thing I would do would be to check to make sure that I don't have an open contract with a freelancer that I forgot was open. If I verify that I have no such open contract, then the next thing I would do would be to contact Upwork Customer Support, which you have done.

Active Member
Wendy M Member Since: Jun 11, 2019
14 of 24

The dispute was filed in his favor just because there was work showing inside of the work diary.  Even though this work has NOTHING to do with my company.  The case has been closed.  The contractor did not do this by mistake.  He has now done it two weeks in a row.  He rejected my request for a refund.  He is currently suspended and his profile removed.  

Community Guru
Heaven H Member Since: Nov 24, 2015
15 of 24

So finally we see how leaving a contract open can hurt the client instead of hurting the freelancer.

Community Guru
Petra R Member Since: Aug 3, 2011
16 of 24

Heaven H wrote:

So finally we see how leaving a contract open can hurt the client instead of hurting the freelancer.


Leaving a contract open (provided money was paid and there isn't an insane percentage of such contracts)  doesn't hurt the freelancer.

 

I don't buy the "he accidentally logged time on the wrong contract" bit. At least not twice! The freelancer will have been told there was a dispute. Many if not most of us have accidentally logged time on the wrong contract, and just fixed it before anyone was charged. But once the wrong client has been charged the first time, the freelancer KNEW.

 

The dispute should also not have been decided in favor of the freelancer if the work done was clearly not related to working on the client's project which is easy to verify because it was in a different language and totally different project.

Active Member
Wendy M Member Since: Jun 11, 2019
17 of 24
Correct, the contract was left open. I assumed I might want to have him do
additional work on my website sometime in the future. This was not an
accident made by the contractor. He is fully aware the work inside of the
work diary has nothing to do with my company. This contractors profile is
now gone and he has been suspended. However, Upwork still went ahead and
paid him and I was charged. I informed Upwork the minute the charge placed
to my account. The contractor rejected my request for a refund. Upwork
sided with the contractor because he was showing work logged inside of the
work diary. I am very upset. He has done this to me two weeks in a row.
Community Guru
Elba A Member Since: Feb 28, 2017
18 of 24

Petra R wrote:

Heaven H wrote:

So finally we see how leaving a contract open can hurt the client instead of hurting the freelancer.


I don't buy the "he accidentally logged time on the wrong contract" bit. At least not twice! The freelancer will have been told there was a dispute. Many if not most of us have accidentally logged time on the wrong contract, and just fixed it before anyone was charged. But once the wrong client has been charged the first time, the freelancer KNEW.

 

The dispute should also not have been decided in favor of the freelancer if the work done was clearly not related to working on the client's project which is easy to verify because it was in a different language and totally different project.


What I don't get is: if the client disputed the first week, how the freelancer was able to log time for the second week. I thought that as long as a dispute is raised the contract is put on hold or paused immediately and the freelancer can't log time anymore until that dispute is resolved (the first week's dispute), or is optional? If you could elaborate. Thanks in advance.

Active Member
Wendy M Member Since: Jun 11, 2019
19 of 24

As soon I received the first charge I logged into my account to see what was going on.  He had already logged 5 hours for the current week.  I immediately canceled the contract.  Then I contacted Upwork to tell then what was happening and they said I had to let the second charge go through and dispute it.  I also had contacted my credit card company they said the original charge was still pending to my credit card account.  I could have canceled my credit card and not been charged.  But Upworkold me not to do this they had to handle it internally.  Now they paid this guy and my credit card is charged.

Community Guru
Petra R Member Since: Aug 3, 2011
20 of 24

Wendy M wrote:

 Now they paid this guy and my credit card is charged.


From what you said (and I have no reason to think it was anything other than accurate) the first dispute should have gone your way and someone made a mistake.

 

I would not worry about it - they will sort it out.

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