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Client is forcing me to give refund

arifuzzamanmd
Active Member
Md. A Member Since: Apr 10, 2015
1 of 34

Hello all,

 

Hope you are doing well.

 

My problem is - **Edited for Community Guidelines**, my last client I am working with. He wants me to give his money back. I worked for him, I followed his requirements on what to do. But currently he is thinking that we were not on correct path. Should I give him money back? I spent times for him and worked for him, all source code he has in his hand. He is now saying that he will go to take action for me to the court. He will do it through my country. All working times has been logged through oDesk time tracker software.

 

I am working on oDesk for long time. But this type client is my very bad luck. Please let me know what I should do . . I worked for him and spent time for him, all coding, instruction is in his hands. So why I have to money back?

Please help me . . Please help us from this type client . . they are just decreasing our reputations. Please see my feedbacks from other clients.


I am bit very frustrated. The client is continuously forcing me to give him money back. He is saying that he runs a multimillenium company very successfully and like has many power and connections to make me banned. He said "You need to do a full refund or I promise you I will have you banned by the CEO of Upwork by the end of this month"

 

I have been relying on Upwork for many years . . but now I don't know where this rich and powerful clinet will put me in.

 

Please help me!

 

 

Thanks.

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

It's wrong of the client to make threats like that, and theoretically you could report the client for them if they were made in writing and you can prove it.

 

However, if you had promised a refund of a certain sum you will have to refund the sum you had agreed to refund.

 

You even admitted to agreeing to the refund (in writing, and right there on your very own profile.)

 

The thing is: If you agreed to refund a part of that money that's a binding agreement, and the client has a point.

 

They CAN take legal action (although a international lawsuit makes little sense for a relatively small sum) but if they go to Upwork with proof of you agreeing to refund a certain sum you may very well find your account (inc the agency if the money went through an agency) suspended until you have refunded.

 

If I were you I'd try and sort it out with the client.

snette
Community Leader
Sebastian N Member Since: Sep 22, 2015
3 of 34

Oh my, that's really a terrible client. I assume it's the one who left you that ridiculous bad feedback on your profile.

 

First of all I would remove his name from your post and the post title. Or else a moderator will do that later.

 

Secondly, send a ticket to the Customer Support and provide them with all information that you have.

 

Don't worry so much, take a deep breath and stop communicating with him for now.

Solve this entirely through the Customer Support.

If it is that client that left you the 1 star feedback, he is in no way powerful. He spent 10k on Upwork? That's what an average developer earns in a month in the US.

He won't even be able to talk to the CEO directly, his messages are full empty claims.

 

Ask the Customer Support to remove the feedback. Both of you have left inappropiate feedback there.

That is damaging both your reputations.

 

As long as you know that you did the work you were paid for, then there is nothing to worry about.

If you keep talking with him, you might give in to his claims or say anything that he could use against you. There really is no reason to keep talking to him anymore at this point.

 

// edit: Petra is right, if you said that you will refund then you probably have no way around that.

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

@Sebastian N wrote:

// edit: Petra is right, if you said that you will refund then you probably have no way around that.


 Exactly. And he confirmed it right there in his response to the feedback.

 

Personally I suspect that the client has already gone to Upwork and regardless of who is right or wrong in this whole sorry saga (remember that there are always two sides to every story) the bottom line is that if he said he will refund $ X then he has to refund $ X. No "if," no "but."

 

There are two ways he can go about it: Sort it out with the client and refund voluntarily as promised, or let it go through Upwork, potentially have his account (plus the agency account in case the transactions were through the agency) suspended temporarily, lose a chunk of his JSS for a lost dispute and potentially get sued.

 

I know which way I would go. I'd take a deep breath and come to an agreement with the client

arifuzzamanmd
Active Member
Md. A Member Since: Apr 10, 2015
5 of 34

Hi Petra,

 

Thanks for reply.

 

Please . . the scenario is -

 

I did all his assignments what he assigned me. I spent times for him, all times have been logged using Upwork time tracker software.

 

I did not ever think that I should refund him. But as the client wanted the refund and I always tried to make the client happy, I just tried that.

 

I did not say him that I would give him the money back, rather I said that I should be able (not surely). I gave him condition that he would hold giving Upwork feedback for the job. But he gave me very bad feedback, which is my very first of my all other jobs. (So I think, as he failed to fulfill the condition, I am not any more bound to refund him at all.)

 

Please . . I am a victim. Please see my other clients' feedbacks - around 45 jobs with all 5 stars, long time relations with my other clients. Also please see his (this client's) behavior with other freelancers and feedbacks from freelancers, may be he behaved bad with other freelancers as well.

 

Please let me know how I can provide more information.

 

Thanks.

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

This is getting worse by the minute ... Bartering a refund for feedback is a very serious policy violation, and the client can prove that you did that. You just proved that you did that in that screenshot.

 

It looks like the client can also prove that you offered a refund.

 

Essentially, depending on what the client does, you will be refunding either way. Voluntarily or get your account will get suspended and the refund forced.

 

You are further breaching more rules by naming the client and publishing private communication between the client and you on the Internet.

 

I would suggest that you edit your posts, remove the client's name (we can figure it out ourselves) and the screenshot to the email conversation.

 

But if the client knows his way around the system you will likely be refunding one way or the other, voluntarily (least damage to yourself) or via Upwork forcing you because of the offer of a refund and the attempt to deal a refund for good feedback which is absolutely forbidden or (least likely but possible) through legal proceedings.

 

 

arifuzzamanmd
Active Member
Md. A Member Since: Apr 10, 2015
7 of 34

Hello Petra,

 

Yes, I know, I am not very smart . . and I just said honestly what happened between us. Sorry and thank you for your suggestions!!

 

Actually the client offered me about the refund first. He said me to refund him. If I won't, he would give me very bad feedback with 1 star rating. So if I want to avoid this bad feedback, I have to refund. After that I just sent him this email, not I offered first.

 

Please let me know what I can do or provide more.

 

Thank you.

 

Kind regards,
Arif

arifuzzamanmd
Active Member
Md. A Member Since: Apr 10, 2015
8 of 34

Hi Sebastian,

 

Thanks for reply!

 

Please . . the scenario is -

 

I did all his assignments what he assigned me. I spent times for him, all times have been logged using Upwork time tracker software.

 

I did not ever think that I should refund him. But as the client wanted the refund and I always tried to make the client happy, I just tried that.

 

I did not say him that I would give him the money back, rather I said that I should be able (not surely). I gave him condition that he would hold giving Upwork feedback for the job. But he gave me very bad feedback, which is my very first of my all other jobs. (So I think, as he failed to fulfill the condition, I am not any more bound to refund him at all.)

 

Please . . I am a victim. Please see my other clients' feedbacks - around 45 jobs with all 5 stars, long time relations with my other clients. Also please see his (this client's) behavior with other freelancers and feedbacks from freelancers, may be he behaved bad with other freelancers as well.

 

Please let me know how I can provide more information.

 

Thanks.

snette
Community Leader
Sebastian N Member Since: Sep 22, 2015
9 of 34

Hello Md,

 

you are better off listening to Petra on this. That email is not in favor of you.

 

I know that getting threats to be taken to the court or getting banned can put a lot pressure on a freelancer and that leads to giving in to all kinds of claims, but this might be too late to do anything about it.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
10 of 34

Your client is angry and made a bunch of stupid empty threats. Your client can't get the CEO of Upwork to intervene in this on his behalf, and your client is not going to take you to court.

 

Your client is just like any other client on Upwork. He can work with you, or he can work with Customer Support.

 

That does not mean you are free and clear, though, because customer support can shut you down completely, so they actually have more power here to have an effect on your Upwork account than any Bangladeshi court.

 

What you need to worry about is not Upwork's CEO or the courts in your country, but your own history with your client and what Upwork customer support decides to do with the two of you.

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