VIC Scammed by Overseas Freelancer on Upwork - What to Do?

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Iamthelaw

Well-Known Member
13 September 2016
412
86
794
I'm just very curious. At least in PayPal, I can get a refund if they didn't deliver an item as described. So how does it work in a contract that he can do something completely different, not deliver anything to me, and that's still ok? This part makes no sense to me...

And I don't know what will happen. my friend seems quite angry as he read the conversations and wants to expose him. I actually want more to know what he has actually done or not done, since it's affecting my future opportunities...
You're correct - You agreed on a deliverable and you say that wasn't delivered. Provided you have evidence of such, I would be re-contacting UpWork again and asking assistance.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,040
830
2,894
Sydney
Once again, I feel the need to make a sort of
"consumer protection" statement in respect of
content posted by @kimsland.

The content posted by this user is so erratic that, even as a lay person's views,
it cannot be relied upon.

In all other respects, I agree with @Iamthelaw.
 
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kimsland

Well-Known Member
6 February 2017
66
6
224
Once again, I feel the need to make a sort of
"consumer protection" statement in respect of
content posted by @kimsland.

The content posted by this user is so erratic that, even as a lay person's views,
it cannot be relied upon.

In all other respects, I agree with @Iamthelaw.
Thanks for your single post input on the post Tim, did you want to say anything to help the user maybe? The issue is its not about the blame game, it is how to resolve a situation as best as possible with hopefully as little frustration.

This user asked what to do in this situation and it was answered, both legal steps to do and also a personal opinion on the matter. (which actually could be quite similar on a private forum).

Look I'll make it easy for you.

Judge: Did the service person provide the required service?

User: No he provided apples for his service, meaning little if anything, or not what I asked for.

Judge: So he did provide something then?

User: Yes but not what I wanted. Or that I agreed to initially

Judge: Is it reasonable to say what you wanted was above your own ability and therefore what service was provided was beyond your understanding, hence why you hired them?

User: Yes, I wasn't able to do it myself

Judge: Case thrown out.

Now I live in reality. I told the user to write up a review or let them know on their business Facebook page. But when the user seemingly became more irate (with this 'service' guy) I have informed them to leave it alone. Why? Because I actually don't feel he has a case and I prefer to inform people of the truth (as in my opinion :) )

Why do I need to explain all this in detail? I know you don't understand all of this, as you are a legal minded person (possibly lawyer who knows), who will fight battles in court whilst others (the clients) become angrier, sadder or more and more frustrated.

I'm not going to defend myself to others anymore. I will help the OP as best as possible. Only the Mods (if any here?) or Admin can throw me out, as not creating money for the sharks here.
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Judge: Did the service person provide the required service?
User: No he provided apples for his service, meaning little if anything, or not what I asked for.
Judge: So he did provide something then?
User: Yes but not what I wanted. Or that I agreed to initially
Judge: Is it reasonable to say what you wanted was above your own ability and therefore what service was provided was beyond your understanding, hence why you hired them?
User: Yes, I wasn't able to do it myself
Judge: Case thrown out.

There's so many things wrong with this passage I don't even know where to begin. You should realise that, as a general rule, for a contract to be discharged by performance the contractual obligations must be performed completely and exactly.

I much like @Tim W , find your posts erratic, erroneous and so far off the mark that like mentioned above, I often don't even know where to begin in correcting you. It's also worrying in how confident you are in the content that you provide, given that some one may actually rely on it.

Why do I need to explain all this in detail? Because I'm dealing with people such as you Tim who would rather offer zero help other than to complain about others. I know you don't understand all of this, as you are a legal minded person (possibly lawyer who knows), who will fight battles in court whilst others (the clients) become angrier, sadder or more and more frustrated; which you have no interest in whatsoever quite obviously.
I also find these comments particularly ill informed and offensive.