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soneakhan
Community Member

Dispute with client

Hi,

I was doing a project of data analysis with my client, he asked me to analyze interviews in nvivo and write results. We agreed on 250 $ and i accepted the contract. He then, after i accepted the contract,  sent me observation sheets and surveys to include in nvivo as he wanted to put all the data in one place. I said okay. He added two milestones, first was for the completion of project (150$), second was for the review (100$). I sent all the analysis and results to him a day after the due date but i wrote a methodolgy chapter as a way of making up to him as it got one day late. He got the docs, thanked me then asked me for the nvivo file and the analysis of observation sheets and analysis, i said i did not do the analysis of them because it was not part of the contract, he said "include" (not analyze) all of them in nvivo. i said i will do it. i sent him. He texted me the next morning that i could not find the analysis (of interviews, which was the task) in nvivo as there is no coding and themes. i sent him the screen recording to find the files. He said he still could not find survey and observation sheets so the work is incomplete and that i should accept 150$ without giving a review. I did not accept it and told him that i would do the analysis, even though it was not part of the project, but mac does not support some features so i will have to do it in some other computer and also told him that surveys cannot be analyzed like qualitative data  so he should not expect codebooks and coding. He googled it and sent me some link, i told him again that it is not possible to analyze quantitative data in such way but he deleted the second milestone, ended the contract, filed a dispute and asked for the refund of escrowed funds. We both fied a dispute, he called me a scam there and said that there was sth fishy and superficial about my work and offered me 80$ as a settlement. he also told the agent that what i did is a customer abuse and I should be suspended.i wrote all this story to the dispute agent, she asked us for partial payment, i said 150$ she asked the client about his settllement. he said  80.$ as  he thinks that the work was incomplete and "1/3 of the whole project".  I am continuoulsy asking the agent to ask him for the proof of my incomplete work, but nobody is asking him that. instead the agent wrote that this dispute will go for arbitration and if both parties did not file for arbitration the client will get the escrowed funds which were 150$. i had already told her  in the private msg that i cannot afford to file arbitration as it costs 290$. Now the client has become unresponsive and it seems that he is waiting for the refund of payment. i did the complete analysis, wrote a report of 4500 words, sent him all the files and i am getting nothing. I am a top rated freelancer and nobody is helping me, there has been never a complaint or dispute in my record. Can you please suggest me what should i do?

5 REPLIES 5
lysis10
Community Member


Sonia K wrote:

Hi,

I was doing a project of data analysis with my client, he asked me to analyze interviews in nvivo and write results. We agreed on 250 $ and i accepted the contract. He then, after i accepted the contract,  sent me observation sheets and surveys to include in nvivo as he wanted to put all the data in one place. I said okay. He added two milestones, first was for the completion of project (150$), second was for the review (100$). I sent all the analysis and results to him a day after the due date but i wrote a methodolgy chapter as a way of making up to him as it got one day late. He got the docs, thanked me then asked me for the nvivo file and the analysis of observation sheets and analysis, i said i did not do the analysis of them because it was not part of the contract, he said "include" (not analyze) all of them in nvivo. i said i will do it. i sent him. He texted me the next morning that i could not find the analysis (of interviews, which was the task) in nvivo as there is no coding and themes. i sent him the screen recording to find the files. He said he still could not find survey and observation sheets so the work is incomplete and that i should accept 150$ without giving a review. I did not accept it and told him that i would do the analysis, even though it was not part of the project, but mac does not support some features so i will have to do it in some other computer and also told him that surveys cannot be analyzed like qualitative data  so he should not expect codebooks and coding. He googled it and sent me some link, i told him again that it is not possible to analyze quantitative data in such way but he deleted the second milestone, ended the contract, filed a dispute and asked for the refund of escrowed funds. We both fied a dispute, he called me a scam there and said that there was sth fishy and superficial about my work and offered me 80$ as a settlement. he also told the agent that what i did is a customer abuse and I should be suspended.i wrote all this story to the dispute agent, she asked us for partial payment, i said 150$ she asked the client about his settllement. he said  80.$ as  he thinks that the work was incomplete and "1/3 of the whole project".  I am continuoulsy asking the agent to ask him for the proof of my incomplete work, but nobody is asking him that. instead the agent wrote that this dispute will go for arbitration and if both parties did not file for arbitration the client will get the escrowed funds which were 150$. i had already told her  in the private msg that i cannot afford to file arbitration as it costs 290$. Now the client has become unresponsive and it seems that he is waiting for the refund of payment. i did the complete analysis, wrote a report of 4500 words, sent him all the files and i am getting nothing. I am a top rated freelancer and nobody is helping me, there has been never a complaint or dispute in my record. Can you please suggest me what should i do?


That's a shame. If he went unresponsive, you can pay the $291 and get everything including the $291 back. If you don't have it, you are stuck. He probably knows that you don't have it.

 

You are stuck. Take the $80 and use the perk to remove the bad feedback.

the fee is non refundable. So upwork can do nothing in this regard? they are not even asking him for his response. I think i should file for arbitration.


Sonia K wrote:

the fee is non refundable. So upwork can do nothing in this regard? they are not even asking him for his response. I think i should file for arbitration.


Arbitration then costs you $291, which you said you didn't have, so if you tell the mediator arbitration, they will ask you to pay. They might throw you a deal too. Who knows. The fee is only non-refundable if you two actually go into arbitration and follow through.

Yes, but this is so unfair. It seems like mediation process is going in his favour even though he is wrong and i cannot do anything.


Sonia K wrote:

Yes, but this is so unfair. It seems like mediation process is going in his favour even though he is wrong and i cannot do anything.


It doesn't matter who is wrong or right. They can't decide. Their job is just to get you two to come to an agreement and stop it from going into arbitration. They do have some ability to make deals themselves, but I haven't been able to determine when they decide to make a side deal vs just let you pay up.

 

This is the downside of escrow jobs, which is why I hate them with a passion but I'm a glutton for punishment and still do them. If you can't come up with $300, you are at risk of just taking whatever they give you. 

 

You could see if the mediator cuts you a deal to increase that $80, but I don't know how that goes if you say "arbitration" and then back out. I don't know if they suspend for that. The best thing is to have $300 on tap for these scenarios. But, if you can't do it, then yeah you are kinda stuck taking the $80. It sounds like the mediator is going to let it happen. I got a deal when the mediator saw that neither of us were budging and it was either give me something on a $250 or I was going to pay $300. Maybe he saw my history and saw that I will do it. lol 

 

It is indeed crappy and why I hate escrow jobs and prefer hourly.

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