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svenimp
Community Member

Frustrated about Chargeback and Support

 

Short version of the story:

 

Recorded an audiobook for a client, split the job into two milestones.

First milestone was approved, money left escrow, went through the "pending" period.

Meanwhile, the 2nd milestone was funded by the client, work was finished and submitted. No response from the client.

Funds from first milestone get through pending, are released to me, I withdraw funds.

A day later I get an email from the Trust And Safety Team stating that the client contacted his bank and disputed the charges related to the first milestone, creating a chargeback, and that I had two choices:

1. Issue a refund.

2. Upwork would hold money from future contracts until the amount was matched to cover the chargeback if I did not refund.

No real difference in choices, so I issued a refund.I ask about the money in escrow for the 2nd milestone, which the client for some reason opened up a new contract for, under a slightly different entity name (ex. first contract was Bob Smith, second contract was Bob Smith Hiring Team).

I was told that I should supply any proof that I had that the work was done, and reminded that fixed rate contracts were not covered by the protection policy. I was also informed that a client can demand a refund for up to 180 days. 

I was told that proof of work done and delivered could be used to issue a rebuttal to the client's bank.

I supplied a copy of each files, screenshots of all communications. 

The 2nd contract/mielstone is refunded to the client by Upwork as a matter of policy. Upwork informs me that the client was removed from the platform (both entity names) for fraudulant behavior.

I'm out a week's work and a significant amount of money (to me anyway). But hopeful that a rebuttal would be pursued, as indicated by Support.

After several days, I find the audiobook on the most famous audiobook platform, which I avoid naming in case it violates TOS. With my voice. Obviously the client recieved the work I did.

I revisit the thread from my ticket to supply further proof in hopes of the aforementioned rebuttal. I find that the ticket has been closed as "solved". I contact "generic" support, provide the ticket # and new information, including the link to the audiobook. Am told it will be reviewed. I ask if Upwork can provide me with any info that I can use to have the audiobook removed from the audiobook platform. Am told that question can't be answered. I would like to get it taken down, because oddly enough it bothers me that the client can monetize my unpaid-for-work. I realize this isn't Upwork's fight, but was hopeful that I could at least get confirmation that the client was removed for fraudulent behavior.

Tonight I get a message from the Safety And Trust team, informing me that there is a link I can go to that explains that fixed rate contracts are not covered by the payment protection policy. A fact that has been pointed out to me numerous times and that I have stated I am aware of. 

I am also told that because there was a violation of TOS, Upwork can continue to hold future funds once the chargeback has been covered.

I feel like my question as to the possible rebuttal is ignored completely, and instead I am being sent a message with a threatening tone, when I was not the one who violated TOS, and the client was already determined by Upwork to be fraudulent.

I was, of course, also told that I should just contact the client. Helpful.

It really feels like the bulk of the respnses I've gotten over the last 10 days about this have been boilerplate responses. 

I'm not asking for the moeny back. I'm not disputing the fact that Upwork will withold funds until the chargeback is covered. 

I'm giving up on trying to find out if the rebuttal that was mentioned to me is a possibility or is being pursued.

But I am very distressed over the entire situation, especially with the last message I recieved.

So...why am I posting this?

Because trying to vent about this to my friends and colleagues who have never work on this platform is almost impossible, once the whole escrow, pending period, TOS and other elements come into play.

So....I vented here.

PLEASE PLEASE PLEASE do not supply me with any links that explain that fixed rate contracts are not covered by payment protection. I have been made suitably aware.

4 REPLIES 4
pgiambalvo
Community Member

Unfortunatley, as you've discovered (along with many other freelancers), unless you use the time tracker, when all is said and done, if a client doesn't want to pay, they don't have to.

tagrendy
Community Member

aargh, sounds so frustraiting reading these stories with chargebacks. There really needs to be a strong regulation in general against ability to issue it - not necesserily talking about Upwork here. Anyway, I think your best bet is reaching to the audiobook company that hosts the file and let them know about the situation, I don't think anything can be done through Upwork. This is terrible.

gilbert-phyllis
Community Member

That both s^cks and bl-ws. The risk of a client doing a chargeback goes with accepting payment by credit card, it's not specific to UW and there's not much UW can do to recover the money. At least they kicked the client to the curb, per policy. 

 

If the work product was a piece of writing, you could issue a DMCA takedown notice to prevent the client from using what they have not paid for. I've no idea whether or how it pertains to audiobooks but in your shoes, I would find out. I'd like to think you can get it taken down and create some embarrassment for the client. No idea whether that's realistic but good luck!

 

To second this, I would contact the audiobook platform and inform them that the author does not own the copyright to sell the audiobook, since he did not pay for the work. 

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