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Client Wants Refund.

sunrise000
Active Member
Mehr Nadia M Member Since: Jul 9, 2015
1 of 15

Hi,

I have a serious problem. I have been sccessfully working on Upwork for 4-5 years and never have had any trouble with a contract or any dispute. Recently, I accepted a contract for a Fixed-Price Project. I was supposed to write a 80-85k word novel after being provided with a plot. I tried my best to provide the client with what he needed, but now after 2 milestones, he wants a refund. I am still yet to be paid for the third milestone which I have submitted. 

 

In the course of work, as agreed, I re-edited the work 2 3 times as he asked. 

Now i am in trouble, because I really cannot refund the previous milestones. 

 

I offered to re-write the entire milestones from the beginning, yet he refused. 

 

What should I do now? i am a student and cannot re-fund the client at all. I am extremely worried. 

 

Any help will be appreciated. 

 

Thank you in advance. 

 

Meher

 

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
2 of 15

@Mehr Nadia M wrote:

Hi,

I have a serious problem. I have been sccessfully working on Upwork for 4-5 years and never have had any trouble with a contract or any dispute. Recently, I accepted a contract for a Fixed-Price Project. I was supposed to write a 80-85k word novel after being provided with a plot. I tried my best to provide the client with what he needed, but now after 2 milestones, he wants a refund. I am still yet to be paid for the third milestone which I have submitted. 

 

In the course of work, as agreed, I re-edited the work 2 3 times as he asked. 

Now i am in trouble, because I really cannot refund the previous milestones. 

 

I offered to re-write the entire milestones from the beginning, yet he refused. 

 

What should I do now? i am a student and cannot re-fund the client at all. I am extremely worried. 

 

Any help will be appreciated. 

 

Thank you in advance. 

 

Meher

___________________________________________

 


Mehr,

 

This is difficult. However, I think you need to stay firm, because your client should have said he was not happy with the first submission, instead of waiting for the third. What you could do is to offer a compromise and waive the payment for the third submission. 

 

If your client paid you for the first two milestones within 30 days, then he can dispute those. Otherwise, he can only dispute the third submission, which you can return. 

 

Can you tell us when the first two milestones were paid? 

 

 

sunrise000
Active Member
Mehr Nadia M Member Since: Jul 9, 2015
3 of 15
Thanks for replying.

Unfortunately, I did get paid in the last 30 days for the first two milestones. He has now offered not to dispute the first two milestones if I write extra pieces for him (20k words that I wrote previously). He is not willing to pay for the third milestone at all.

What should I do? is there a way I can win this if it turns into a dispute?


sunrise000
Active Member
Mehr Nadia M Member Since: Jul 9, 2015
4 of 15

Thanks for replying.

Unfortunately, I did get paid in the last 30 days for the first two milestones. He has now offered not to dispute the first two milestones if I write extra pieces for him (20k words that I wrote previously). He is not willing to pay for the third milestone at all.

What should I do? is there a way I can win this if it turns into a dispute?

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
5 of 15

@Mehr Nadia M wrote:


Unfortunately, I did get paid in the last 30 days for the first two milestones. He has now offered not to dispute the first two milestones if I write extra pieces for him (20k words that I wrote previously). He is not willing to pay for the third milestone at all.

What should I do? is there a way I can win this if it turns into a dispute?


 You can dispute, but if no agreement can be reached during mediation this might go to arbitration which costs all parties $ 291.

 

What is the client actually complaining about? Looking at the  feedbackhistory I'd never have worked with him (the ridiculously low rates aside) by the way... I wonder if this  is how he gets his books written always for so much  less than budget....

sunrise000
Active Member
Mehr Nadia M Member Since: Jul 9, 2015
6 of 15

I did make the mistake of getting involved with this client. He sent me a plot of several pages to follow roughly. I was supposed to fill in the story. I was not given specific instructions for what exactly they wanted page by page. I have written so many novels of the same genre in the past and this has never happened before. He is now complaining that the story is not as they wanted it to be, that there are so many inconsistencies and confusion, telling me that otherwise I am a talented writer. Then, he told me he will have to terminate the project. 

 

I am honestly so anxious because I really cannot cough up the $300 he has already paid. 

 

You then suggest I should not take the extra work he feels I need to submit for the previous payments?

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
BEST ANSWER
7 of 15

@Mehr Nadia M wrote:

Thanks for replying.

Unfortunately, I did get paid in the last 30 days for the first two milestones. He has now offered not to dispute the first two milestones if I write extra pieces for him (20k words that I wrote previously). He is not willing to pay for the third milestone at all.

What should I do? is there a way I can win this if it turns into a dispute?


 _________________________

I think you must stand your ground. Offer to refund the third milestone that is still in escrow, but tell your client you are not prepared to write a further (new) 20,000 words for no pay. You could offer to edit, yet again and only one more time, what you have already written, but that you will not give him new material. This would be extortion and is against Upwork's Tems of Service.

 

Upwork does not arbitrate in an dispute. This is the problem. If it goes beyond a dispute, then it goes to arbitration, which is judged externally and is quite expensive for all parties. 

 

The only way you can win (sort of) is to try and talk your client round. 

 

Don't forget that your client may not use any material of yours that has not been paid for. 

 

  

View solution in original post

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
8 of 15

If you didn't do the work, then you SHOULD immediately refund any money associated with unfinished work.

 

But if you did the work, it is immoral and unprofessional for a client to hire you, receive your work, and then try to weasel out of paying for it.

sunrise000
Active Member
Mehr Nadia M Member Since: Jul 9, 2015
9 of 15

Exactly my thoughts, Preston. 

 

Actually since I have never had any disputes, I did not know how to go about this. It is disconcerting that someone would actually try to do this. 

 

Do you suggest that I do not take the offer of extra work so that he does not dispute the previous payments?

 

 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
10 of 15

re: "Do you suggest that I do not take the offer of extra work so that he does not dispute the previous payments?"

 

He is asking for free work. You could report him to Upwork for this.

 

 

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