Dispute agent not responding from almost 2 da...

acd75fde · ‎09-19-2021

Hello Upwork Community,

10 days ago I opened a dispute with my client who claimed that I haven't done the project accurately and done everything totally wrong. He raised a point that was not valid as that point was fulfilled in the project as it was written in the job proposal and description. When I proved the client wrong by supporting my statements with images as a mode of proof which totally should that the point which the client raised was totally invalid.

After that, the client didn't respond from Wednesday, 15th September 2021. The agent has given him the first date to respond by 17 September and the second date as 18 September 2021. These were the dates that the Upwork agent gave to him, however in the first message which the agent sent to both of us in the group conversation, where the date was written that both parties should respond by 19 September 2021.

Now it's been 5 days since the client lat responded and according to Upwork policy:

"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."

By looking at this point today or at maximum tomorrow I am eligible that the fund in escrow should be transferred to my Upwork account from the client's account as he is not responding.

Now my main issue is that the Upwork agent is not responding for the last 2 days. I want someone here who can redirect my request to the dispute team so that my dispute request on Upwork can be solved as early as possible. Thank You

petra_r · ‎09-19-2021

Saif Ur Rehman C wrote:

Now my main issue is that the Upwork agent is not responding for the last 2 days.

It was the weekend.

Be patient!!!

Also, the client *DID* respond by the deadline. Unless a new deadline for a further response is issued, nothing will happen.

acd75fde · ‎09-20-2021

Hello Petra,

Sure. I am sorry if I have asked the wrong question. The client did respond but his last reply was on Wednesday and from that time he hasn't replied to any message neither he has answered my question of whether the problem he raised is solved. I think 5 days are enough for I'm to think if the problem he raised was valid. I was asking in that sense. I wasn't asking that he hasn't replied from day 1.

acd75fde · ‎09-20-2021

Hello Upwork Team,

I have a question. As Upwork says that

"If the client and freelancer don't come to a mutual agreement in the disputed matter under an Upwork agent, the case will be transferred for arbitration to "AAA". If any of the parties, for example, the client pays and the freelancer does not pay the arbitration fee then the dispute will be held in the favor of the party who has paid the arbitration fee."

I want to ask that sometimes when a freelancer is a new seller or has his first order, he can't pay for those expenses. The finical conditions of any party at that time can be worst, that's why he choose to freelance as a source of income. This point can be in the client's mind (in this case I assume that the client is doing a fraud), that the freelancer is new and he cannot pay the arbitration fee so if I pay first and he can't then I will get both the arbitration fee back and the dispute will also get in my favors.

I am confused about this rule of Upwork, anyone can have a bad financial condition sometimes. However, this doesn't mean that he is wrong and the paying party is right.

Can you kindly clear my confusion on this matter?

petra_r · ‎09-20-2021

Saif Ur Rehman C wrote:
Can you kindly clear my confusion on this matter?

You understood it perfectly.

How much money is the dispute over by the way?

acd75fde · ‎09-20-2021

The dispute is about 270$

petra_r · ‎09-20-2021

Saif Ur Rehman C wrote:
The dispute is about 270$

It's hardly worth paying $291 (times 3) to get $270...

The whole thing will end up with some compromise.

acd75fde · ‎09-20-2021

Do you mean partly payment, Petra?

petra_r · ‎09-20-2021

Saif Ur Rehman C wrote:
Do you mean partly payment, Petra?

Probably. The idea is to find a compromise that noth parties can live with. But at THIS point the client is still unresponsive (no?) and that could still mean that you'll end up with all the money anyway.

acd75fde · ‎09-20-2021

The Upwork statements are kept revolving in my mind that the result of dispute will be held in the favour of the party paying Arbitration fee. If I am right but I did have not that much money at that time, this means that I get nothing because I didn't have enough money to pay and the client had because he knew that he will get his amount back.

You can see that I am a new seller and I am here to earn some money. I have submitted all the proofs supporting all the statements that the project is done accurately according to the description. I viewed the client's profile and find out a review in which he has done the same with another freelancer as he has done with me. The screenshot of that review was also attached.

petra_r · ‎09-20-2021

Saif Ur Rehman C wrote:
The Upwork statements are kept revolving in my mind that the result of dispute will be held in the favour of the party paying Arbitration fee.

Only if it goes that far. Only if the client keeps fighting all the way to that point and refuses all attempts to find a solution.

Stop worrying about things that may never happen.

Saif Ur Rehman C wrote:
I have submitted all the proofs supporting all the statements that the project is done accurately according to the description.

Upwork, as an Escrow agent, can't decide over the escrow funds no matter what you sent. Only an independent third party one...

acd75fde · ‎09-20-2021

Thank God, Petra. You have cleared this point in my mind. The client messaged in the group conversation on the day when I receive a message from Upworkon my mail that an Upwork agent has been assigned to your dispute. He only responded that day. I counter-question him on the same day that with the proof that the issue they raised for not paying me my amount of 270$ is just useless and that doesn't exist. Then he stopped raising that point and raised another point that was not even a part of the contract. I asked him whether the first issue on which he ended the contract was solved or not. He didn't reply to that neither he replied to any conversation since Wednesday noon, 15 September 2021 on the date when Upwork assigned an agent for the dispute which I filed on 1 September 2021

acd75fde · ‎09-20-2021

sorry i filed the dispute on 10 September 2021, written by Mistake

Dispute agent not responding from almost 2 days