Question regarding freelancer site Upwork

Shanew14

Hi all,

I really need some advice on what to do next, (hopefully this is the right section).

About 6 months ago I hired a freelancer to build me a website. Before hiring the freelancer I visited the live chat facility to make sure I was covered if the freelancer did not complete the contract. Upwork works on the basis you pay out in instalments or milestones. I asked the live chat lady if we were covered in the event the freelancer completed milestone one, but then became unresponsive. She said yes (I have screenshots to prove). We agreed with the freelancer that we would pay out 1500E for the design (whole project was 4500) of the site and logo. We were happy with the design so paid out ( we did not have to pay anymore until the site was completed).

As time went on the work he was producing was absolutely terrible. The freelancer said time and time again if we were not happy he would refund the initial 1500E, so we decided to ahead with the refund. However he started to become unresponsive (only answering emails after about a week). I then contacted upwork who said there was nothing they could do because the freelancer had withdrew the funds ( bare in mind they told us we were safe no matter what). They also said the time for a claims process of 60 days was over (even though when I went on live chat no one mentioned this). I explained it was not our fault the 60 days had passed, the freelancer was making outrageous excuses for missing deadlines, Such as a bomb went off outside his office and knocked the internet down, he got hit by a car etc ( again I have screenshots).

He then explained he could not pay us back because his son needed a life saving operation and that we needed to wait. So we waited and waited and still nothing.

I have now not heard from him, or upwork in over two weeks and I was just enquiring is there any other form of action we could take to recover the funds. The freelancer is based in Pakistan.

I would really appreciate any advice any one can give as I cannot afford to build the website without that money.

Thank you.

Kristopherus

Was that freelancer in Nigeria, by any chance???:D

Shanew14

Kristopherus wrote: »

Was that freelancer in Nigeria, by any chance???:D

No as stated above he was not from Nigeria! I am usually very cautious and have used upwork before this, hence why I questioned the live chat right away!

nuac

Mod

It seems you need legal advice from someone familiar with Upwork.
Sorry for your difficulty but you may not get legal advice here

Shanew14

nuac wrote: »

Mod

It seems you need legal advice from someone familiar with Upwork.
Sorry for your difficulty but you may not get legal advice here

Hi Nuac,

Yes i understand that hence why I said I would try here. I wouldn't mind leaving it up for a while to see if any one knows. Its literally the last option I have,
thank you!

ColinJennings

See if the way you paid, credit card or paypal I'd assume, can offer some assistance.

Mrs OBumble

Shanew14 wrote: »

I would really appreciate any advice any one can give as I cannot afford to build the website without that money.

Realistically, than, I think you need to figure out how to do what you were doing without the website,

Or find someone who will do the rest of the work with the 3000 that you still have available, using the artefacts that free-lancer produced. (You did get the logos etc what he produced in stage 1?)

Even if there is some legal remedy which gets you back the E1500, it's going to take considerable time.

nuac

Mod
I see the rather complicated Upfront agreement is governed by the laws of Delaware and the other party is in Pakistan.

I cannot see how any legal action in or originating from Ireland could help you

Sorry, have to close this because we cannot give legal advice

gctest50

Shanew14 wrote: »

Hi all,

I really need some advice on what to do next, (hopefully this is the right section).

About 6 months ago I hired a freelancer to build me a website. Before hiring the freelancer I visited the live chat facility to make sure I was covered if the freelancer did not complete the contract. Upwork works on the basis you pay out in instalments or milestones. I asked the live chat lady if we were covered in the event the freelancer completed milestone one, but then became unresponsive. She said yes (I have screenshots to prove). We agreed with the freelancer that we would pay out 1500E for the design (whole project was 4500) of the site and logo. We were happy with the design so paid out ( we did not have to pay anymore until the site was completed).

As time went on the work he was producing was absolutely terrible. The freelancer said time and time again if we were not happy he would refund the initial 1500E, so we decided to ahead with the refund. However he started to become unresponsive (only answering emails after about a week). I then contacted upwork who said there was nothing they could do because the freelancer had withdrew the funds ( bare in mind they told us we were safe no matter what). They also said the time for a claims process of 60 days was over (even though when I went on live chat no one mentioned this). I explained it was not our fault the 60 days had passed, the freelancer was making outrageous excuses for missing deadlines, Such as a bomb went off outside his office and knocked the internet down, he got hit by a car etc ( again I have screenshots).

He then explained he could not pay us back because his son needed a life saving operation and that we needed to wait. So we waited and waited and still nothing.

I have now not heard from him, or upwork in over two weeks and I was just enquiring is there any other form of action we could take to recover the funds. The freelancer is based in Pakistan.

I would really appreciate any advice any one can give as I cannot afford to build the website without that money.

Thank you.

He probably farmed out the original bit of work to someone, hence the fall off in quality

End of game then if the guy he farmed it out to started to demand more