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fixed price escrow refund disputed by freelancer

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
11 of 18

re: "Are You serious? Half of it for just nothing?"

 

You are not offering to pay half for "nothing."

 

You are offering to pay half so that you do not need to deal with this person any longer. So that the matter is closed and he stops trying to get ALL of it.

 

Keep in mind that if you go to an official Upwork dispute, Upwork does NOT look at the work a freelancer does and decide who is wrong or right.

 

If you go to a dispute, it means that Upwork encourages you to work out your differences.

 

It is only when you go to arbitration (for which there is a cost) that an independent third-party person will consider who is "wrong" and who is "right" and who should get the money.

7e8d2f16
Active Member
Laszlo S Member Since: Apr 24, 2018
12 of 18

Thank You for the viewpoint, altough I pretty much protesting against the offer of half, because the whole price was only 600 $.

Even so I know 100% sure I am right, because it was not done at all, when I cancelled the contract.

Even the guy called me, who offered this freelancer to ask if I should not write negative feedback on him and he told to this guy, that He is going to finish it very soon.

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
13 of 18

@7e8d2f16wrote:

Thank You for the viewpoint, altough I pretty much protesting against the offer of half, because the whole price was only 600 $.

Even so I know 100% sure I am right, because it was not done at all, when I cancelled the contract.

Even the guy called me, who offered this freelancer to ask if I should not write negative feedback on him and he told to this guy, that He is going to finish it very soon.

____________________________________

 

 

You said in your first post that the freelancer had "not finished" the work, which suggests that he did some work on it. 

 

If  the freelancer completed part of the job, perhaps you could come to some kind of agreement and pay him part and he can agree to refund the rest to you. 


7e8d2f16
Active Member
Laszlo S Member Since: Apr 24, 2018
14 of 18

For me, He did not done anything, what I can use.

I restored the old version, because it is better, than the "new" was.

I hope, this upwork platform not intended to create jacking people by developers, who did something for themselves, but worth nothing for the clients.

jr-translation
Community Guru
Jennifer R Member Since: Sep 15, 2017
15 of 18

@Laszlo S wrote:

Thank You for the viewpoint, altough I pretty much protesting against the offer of half, because the whole price was only 600 $.

Even so I know 100% sure I am right, because it was not done at all, when I cancelled the contract.

Even the guy called me, who offered this freelancer to ask if I should not write negative feedback on him and he told to this guy, that He is going to finish it very soon.


So you hired somebody who handed the work down to another freelancer? I am a bit confused about the last bit.

 

Did the freelancer you hired communicate the delay?

Did he or somebody else completed the job after you cancelled the contract?

Did you reach out to the freelancer before cancelling the contract?

 

Is it an option to check the (according to the freelancer) now completed work to see if it is what you asked for? It might be the easiest solution to use it in the end. You can start a new contract (maybe at a lowr rate?) and give an honest feedback (deadline, communication).

7e8d2f16
Active Member
Laszlo S Member Since: Apr 24, 2018
16 of 18

No

No

No

Yes

Not completed none of it's parts.

kat303
Community Guru
Kathy T Member Since: Jul 17, 2015
17 of 18

@Laszlo S wrote:

Thank You for the viewpoint, altough I pretty much protesting against the offer of half, because the whole price was only 600 $.

Even so I know 100% sure I am right, because it was not done at all, when I cancelled the contract.

Even the guy called me, who offered this freelancer to ask if I should not write negative feedback on him and he told to this guy, that He is going to finish it very soon.


I'm a bit confused with your last statement (italicized)

 Even the guy called me? --- what guy?

who offered this freelancer --- what freelancer?

not write negative feedback on him --- who's him?

he told to this guy --- again, what guy?

 

Having said that, When a dispute is filed this is what happens.

1 A mediator will tell you and the freelancer to come to some sort of agreement. To negotiate between yourselves  Such as X% of the funds in escrow will go to the freelancer (because they did do some work) and X% of the funds in escrow will be returned to the client (because work was not completed or not completed correctly). No ruling is made, just an Upwork mediator telling both of you to work it out. There is NO charge for this.

If no agreement can be made between client/freelancer then the next step is arbitration.

2. During arbitration the client and the freelancer EACH pay the arbitration fee of $291. During this phase an arbitrator will listen to each party, look at work, look at all communication and make a Binding decision on who should get the funds in escrow.

Now - If BOTH parties pay the arbitration fee, no matter who is determined to receive the funds in escrow, NEITHER party gets the arbitration fee back and neither party has to pay the other party's fee. BUT, if , let's say, you the client, pay the fee, and the freelancer doesn't pay it, then you get the fee back and you will get all the funds in escrow.  But, that's a gamble 50/50 chance of the other party not paying the fee because it's too high, or not worth it.

So at this point of the process, it's your decision on how you want to proceed.

 

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
18 of 18

@Laszlo S wrote:

We'll see, if it goes to arbitration.

If it goes to, do You know, or heard about any extra costs used to occur

regarding the arbitration process above the 295 $ ?

Thanks for Your answer in advance.


 ___________________________________

If the freelancer has disputed, then you will probably have to take it to arbitration.  If the freelancer refuses to engage in the arbitration then I think his or her account is suspended and any money in escrow is returned to you.If the freelancer agrees to arbitration and you win, then whatever money is in escrow is returned to you.If you lose the arbitration then the money is released to the freelancer. There shouldn't be any further charges, whatever happens.

 

ETA: Before going to arbitration, I think Upwork mediates and tries to get both client and freelancer to agree. However, Upwork does not make judgement calls on quality of work etc.   

 

 

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