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Client approves 1st milestone, then rejects 2nd milestone. Refuses to pay.

ravi_iitian
Community Guru
Ravindra B Member Since: Sep 27, 2015
21 of 34

@Irving O wrote:

This just got interesting. Now the client is accusing me of sabotaging his business by reporting him (outside of Upwork). -facepalm-

 

 


Stay cool.

 

He is trying to divert attention from the main issue.

"Certa bonum certamen"
futuretro
Ace Contributor
Irving O Member Since: Apr 20, 2016
22 of 34

I can tell from his messages that he's not thinking clearly. Shortly after sending those messages, he deleted them (but they got sent to my email anyway). 

 

His final undeleted message was that he wishes to settle this professionally without any dispute. I replied by requesting him to release the escrow funds and we can go our separate ways.

 

Since there is a "resubmit" status on this final milestone, I resubmitted my request to release the funds. This is ok, yes?

ravi_iitian
Community Guru
Ravindra B Member Since: Sep 27, 2015
23 of 34

@Irving O wrote:

I can tell from his messages that he's not thinking clearly. Shortly after sending those messages, he deleted them (but they got sent to my email anyway). 

 

His final undeleted message was that he wishes to settle this professionally without any dispute. I replied by requesting him to release the escrow funds and we can go our separate ways.

 

Since there is a "resubmit" status on this final milestone, I resubmitted my request to release the funds. This is ok, yes?


Your “Submit” was probably still active. “Resubmit” gives him 14 days.

 

Don’t get dragged into any argument. He will in all likelihood release the payment without going to dispute.

"Certa bonum certamen"
futuretro
Ace Contributor
Irving O Member Since: Apr 20, 2016
24 of 34

The final milestone had a "Request changes" status. So I hit the "resubmit" button to request for escrow release.

 

I'm aware of a 14 day reset every time a change is submitted. I just assumed that resubmitting (even if I wasn't submitting new work) was required if I need to get the escrow countdown going?

 

ravi_iitian
Community Guru
Ravindra B Member Since: Sep 27, 2015
25 of 34

@Irving O wrote:

The final milestone had a "Request changes" status. So I hit the "resubmit" button to request for escrow release.

 

I'm aware of a 14 day reset every time a change is submitted. I just assumed that resubmitting (even if I wasn't submitting new work) was required if I need to get the escrow countdown going?

 


 You were right.

"Certa bonum certamen"
futuretro
Ace Contributor
Irving O Member Since: Apr 20, 2016
26 of 34

The client cancelled the project and requested a refund, so I've filed a dispute. Any idea what the process is like?

 

The email I received mentioned that Upwork will contact both parties within 5 days to reach a mutual agreement.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
27 of 34

@Irving O wrote:

The client cancelled the project and requested a refund, so I've filed a dispute. Any idea what the process is like?

 

The email I received mentioned that Upwork will contact both parties within 5 days to reach a mutual agreement.


First of all you now have a dispute on your record.

Secondly you will need to use your perk to remove the bad feedback you have no doubt rreceived which will be replaced by a nice conspicuous "This feedback has been removed"

 

Thirdly you will spend more time and energy fighting than it would have taken to fix the **bleep** article.

 

There will be some back and from with the mediator to try and reach a mutually agreeable solution. As you flat out refused to do any changes the client has the right to ask for, this will be tricky.

 

if no compromise can be reached you have the choice to pay $ 291 (non refundable) to go to arbitration to decide. 

 

Don't you think the time to find out what "filing a dispute" means was before clicking on "file a dispute?" 

ravi_iitian
Community Guru
Ravindra B Member Since: Sep 27, 2015
28 of 34

Hi Irving,

 

I have a weird feeling that the client has been following this thread (he is allowed to, of course).

 

Hindsight is usually 20:20, so perhaps the first thing is to ask yourself: “Is it worth it? Should I have just made the changes (which could have been time consuming)” or “Should I just have refunded?”

 

Which brings me back to this statement of mine: “Either you messed up, or he’s trying to get away without paying you.”

 

Still, you could have posted first on the forum before filing the dispute, just so that other users (freelancers) had a chance to dissuade you. But what is done is done.

 

First, many us are likely to face a dispute (sooner or later), unless we bend over backwards to please the client or let the client fleece us. Some time will be spent in the back and forth, but don’t presume the worst that you will lose.

 

Prepare your case based on the RFP, your first milestone and the client’s reactions to your previous work, and why you are convinced that the client was unfair and inaccurate in his comments when it came to the second milestone.

 

As you refused to make the changes demanded by the client, you have to show clearly that the client’s demand was not justified and was greatly inconveniencing you (in terms of time and money).

 

As for using the TRP in the future and the possible subsequent display of “This feedback has been removed,” clients look at the overall record (which we would love to be blemishless) of a freelancer. Besides, instead of using the TRP, you could allow the client’s feedback to stay and respond to them.

"Certa bonum certamen"
futuretro
Ace Contributor
Irving O Member Since: Apr 20, 2016
29 of 34

Thanks for the advice, much appreciated. I've prepared my case with supporting documents, and will let the mediation team take it from here

 

I'll accept the outcome--whatever it may be--even if it's not in my favor. At least I know I've stood my ground for what I believe is a justified reason. Smiley Happy

 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
30 of 34

@Irving O wrote:

I've prepared my case with supporting documents, and will let the mediation team take it from here

 

I'll accept the outcome--whatever it may be--even if it's not in my favor. At least I know I've stood my ground for what I believe is a justified reason. Smiley Happy

 


 The mediation team will not and can not make a decision.

 

If you and the client can not agree it will have to go to arbitration and that will cost you $ 291

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