4 ms·

If UpWork thinks they are the same they should sue Robin in court not take money away without a court order. (At least in Germany) if you rent some parking spac

If UpWork thinks they are the same they should sue Robin in court not take money away without a court order. (At least in Germany) if you rent some parking space but don't pay the parking space owner is not allowed to tow your car to force payment.

FL410 5y ago
But surely the owner is allowed to tow the car to regain use of his parking spot?
- kergonath 5y ago
  Not sure about Germany, but in a couple of other European countries I am familiar with, they aren’t. They are only allowed to ask the police to tow the car.
- deleted 5y ago
  [deleted]
- freemint 5y ago
  You wouldn't even be allowed to clamp the car or interfere with their property on your property. The police won't help you either. It is the task of the civil court system to liquidate damages until then they will have to be tolerated. See somewhere in this podcast by a public radio by a lawyer. https://www.mdr.de/nachrichten/podcast/rechthaber/audio-stromanbieter-wechseln-kuendigung-strompreise-100.html https://www.mdr.de/nachrichten/podcast/rechthaber/audio-stro... You would be able to tow after contract is terminated usually after two months without payment but until then you are not allowed to touch their car.
tlogan 5y ago
I think that upwork will first try hard to recover money from the client (and they will get the client into collection if the chargeback is fraudulent). Then, upwork will dispute chargebacks if chargebacks do not seem to be valid (so-called friendly fraud). But if the chargeback is valid and the client is really using a stolen CC, they will check if there is some suspicious activity in the relationship between the client and the contractor. If there is no clear proof (no screenshot logging) and similar login locations + VPN, then they will assume this is orchestrated CC fraud. So Robin committed fraud and scammed the contractor. Sadly, Upwork will not protect a contractor if the contract and the scammer had a “trusting” relationship (no screenshots, etc.).
- freemint 5y ago
  So what if it is inconvenient, unless UpWork proves in a court of law that robin is the contractor it shouldn't be able to garnish the contractors income for scam Robin done against UpWork.

FL410 5y ago

But surely the owner is allowed to tow the car to regain use of his parking spot?

kergonath 5y ago
Not sure about Germany, but in a couple of other European countries I am familiar with, they aren’t. They are only allowed to ask the police to tow the car.
deleted 5y ago
[deleted]
freemint 5y ago
You wouldn't even be allowed to clamp the car or interfere with their property on your property. The police won't help you either. It is the task of the civil court system to liquidate damages until then they will have to be tolerated. See somewhere in this podcast by a public radio by a lawyer. https://www.mdr.de/nachrichten/podcast/rechthaber/audio-stromanbieter-wechseln-kuendigung-strompreise-100.html https://www.mdr.de/nachrichten/podcast/rechthaber/audio-stro... You would be able to tow after contract is terminated usually after two months without payment but until then you are not allowed to touch their car.

tlogan 5y ago

I think that upwork will first try hard to recover money from the client (and they will get the client into collection if the chargeback is fraudulent). Then, upwork will dispute chargebacks if chargebacks do not seem to be valid (so-called friendly fraud). But if the chargeback is valid and the client is really using a stolen CC, they will check if there is some suspicious activity in the relationship between the client and the contractor. If there is no clear proof (no screenshot logging) and similar login locations + VPN, then they will assume this is orchestrated CC fraud. So Robin committed fraud and scammed the contractor. Sadly, Upwork will not protect a contractor if the contract and the scammer had a “trusting” relationship (no screenshots, etc.).

freemint 5y ago
So what if it is inconvenient, unless UpWork proves in a court of law that robin is the contractor it shouldn't be able to garnish the contractors income for scam Robin done against UpWork.