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nsildeyna
Community Member

Dispute : Legal Instructions Problem

Hi Guys,

 

FEB 11 - I'm filing a dispute on a client. he's cancelled a fixed-service contract for second time, asking for refund. while part of the work are delivered well. tried to talk it over with client but refuses. got 2 stars for this too.

FEB 15 - a mediator jumps in and gave deadline until FEB 19 

FEB 16 - Sent a private message to mediator that this overdue 5 days and ask to excercise my rights as per instructions - no replies from client. - NOT RESPONDED.

FEB 22 - Mediator sent message, that she/he is waiting for client confirmation. 

 

Fixed Price Service Contract Escrow Instructions
Point 6.1 section 4
Lack of Participation: Client and Freelancer must respond to the Notice of Escrow Dispute within 5 calendar days. If one party does not timely respond to the Notice of Escrow Dispute, Client and Freelancer agree that the lack of timely response acts as an irrevocable authorization and instruction to Upwork Escrow to release the funds in Escrow from the non-responding party to the responding party.

 

Question : what should i feel about this? to be honest, i feel a total neglection while your hardwork goes unappreciated.

 

Any inputs will help. Thanks guys!

ACCEPTED SOLUTION
pgiambalvo
Community Member

If the client hasn't responded to the mediator after 5 days, you should automatically get the money that was in escrow,. You can bet the client would get their refund if you hadn't responded.

View solution in original post

7 REPLIES 7
pgiambalvo
Community Member

If the client hasn't responded to the mediator after 5 days, you should automatically get the money that was in escrow,. You can bet the client would get their refund if you hadn't responded.

Thing is, this is day 11 and no response from client at all. and the escrow is not on my balance 😂 asked my mediator to excercise my rights as per instructions but im pessimistic 😞

This happened before, and Upwork admitted wrong procedure was followed, so, I think that should apply to you too.

Well, i've seen this thanks to Jennifer. Finger crossed Tatevik 😁

jr-translation
Community Member

Sounds familiar. Good thing you posted here.

data_divas
Community Member

For the future, I would not have have applied to that job posting due to the client's feedback given to past freelancers.  It's an indication that the client is difficult to work with.

nsildeyna
Community Member

Thanks Guys! the dispute turns on my favor. partial payment from the escrow is paid. moving on 🙂

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